PENNSYLVANIA BULLETIN Volume 27 Number 20 Saturday, May 17, 1997 • Harrisburg, Pa. Pages 2403—2518 Agencies in this issue: The General Assembly 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 Revenue Department of State Department of Transportation Environmental Hearing Board Environmental Quality Board Executive Board Game Commission Independent Regulatory Review Commission Insurance Department Legislative Reference Bureau Liquor Control Board Pennsylvania Emergency Management Agency Pennsylvania Public Utility Commission Public School Employes’ Retirement Board State Board of Education Turnpike Commission Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER
Transcript
PENNSYLVANIABULLETINVolume 27 Number 20
Saturday, May 17, 1997 • Harrisburg, Pa.Pages 2403—2518
Agencies in this issue:The General AssemblyThe CourtsDepartment of AgricultureDepartment of BankingDepartment of Community and Economic
DevelopmentDepartment of EducationDepartment of Environmental ProtectionDepartment of General ServicesDepartment of HealthDepartment of Public WelfareDepartment of RevenueDepartment of StateDepartment of TransportationEnvironmental Hearing BoardEnvironmental Quality BoardExecutive BoardGame CommissionIndependent Regulatory Review CommissionInsurance DepartmentLegislative Reference BureauLiquor Control BoardPennsylvania Emergency Management
AgencyPennsylvania Public Utility CommissionPublic School Employes’ Retirement BoardState Board of EducationTurnpike Commission
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published weekly by Fry Communications, Inc. for theCommonwealth of Pennsylvania, Legislative Reference Bu-reau, 647 Main Capitol Building, State & Third Streets,Harrisburg, Pa. 17120, under the policy supervision anddirection of the Joint Committee on Documents pursuant toPart II of Title 45 of the Pennsylvania ConsolidatedStatutes (relating to publication and effectiveness of Com-monwealth Documents). Subscription rate $80.50 per year,postpaid to points in the United States. Individual copies$2. Checks for subscriptions and individual copies shouldbe made payable to ‘‘Fry Communications, Inc.’’ Periodicalspostage paid at Harrisburg, Pennsylvania.
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Copyright � 1997 Commonwealth of PennsylvaniaISBN 0-8182-0004-9
Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of theCommonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania17055-3198.
Contents
THE GENERAL ASSEMBLYRecent actions during the 1997 regular session of
THE COURTSJUDICIAL SYSTEM GENERAL PROVISIONSAdoption of sentencing guidelines (correction). . . . . . . 2413Amendment of Rule 502(b) of the Pennsylvania
DEPARTMENT OF EDUCATIONProposed RulemakingSpecial education services and programs . . . . . . . . . . . 2423
NoticesAvailability of 1997-98 competitive funds under the
Carl D. Perkins Vocational and Applied Technol-ogy Education Act Amendments of 1990 . . . . . . . . . . 2435
DEPARTMENT OF ENVIRONMENTAL PROTECTIONSee also ENVIRONMENTAL QUALITY BOARDNoticesApplications, actions and special notices. . . . . . . . . . . . 2436Areas unsuitable for mining; Muddy Run Water-
shed, Cambria and Clearfield Counties . . . . . . . . . . . 2476Availability of technical guidance . . . . . . . . . . . . . . . . . . 2476Bureau of Deep Mine Safety; schedule of customer
roundtable meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2478Proposed general plan approval and general operat-
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
READER’S GUIDE TO THEPENNSYLVANIA BULLETINAND PENNSYLVANIA CODE
Pennsylvania BulletinThe Pennsylvania Bulletin is the official gazette of
the Commonwealth of Pennsylvania. It is publishedevery week and includes a table of contents. Acumulative subject matter index is published quar-terly.
The Pennsylvania Bulletin serves several pur-poses. First, it is the temporary supplement to thePennsylvania Code, which is the official codificationof agency rules and regulations and other statuto-rily authorized documents. Changes in the codifiedtext, whether by adoption, amendment, repeal oremergency action must be published in the Pennsyl-vania Bulletin. Further, agencies proposing changesto the codified text do so in the PennsylvaniaBulletin.
Second, the Pennsylvania Bulletin also publishes:Governor’s Executive Orders; State Contract No-tices; Summaries of Enacted Statutes; Statewideand Local Court Rules; Attorney General Opinions;Motor Carrier Applications before the Public UtilityCommission; Applications and Actions before theDepartment of Environmental Protection; Orders ofthe Independent Regulatory Review Commission;and other documents authorized by law.
The text of certain documents published in thePennsylvania Bulletin is the only valid and enforce-able text. Courts are required to take judicial noticeof the Pennsylvania Bulletin.
There are no restrictions on the republication ofofficial documents appearing in the PennsylvaniaBulletin.
Adoption, Amendment or Repeal ofRegulations
Generally an agency wishing to adopt, amend orrepeal regulations must first publish in the Pennsyl-vania Bulletin a Notice of Proposed Rulemaking.There are limited instances where the agency mayomit the proposal step; they still must publish theadopted version.
The Notice of Proposed Rulemaking contains thefull text of the change, the agency contact person, afiscal note required by law and background for theaction.
The agency then allows sufficient time for publiccomment before taking final action. An adopted
proposal must be published in the PennsylvaniaBulletin before it can take effect. If the agencywishes to adopt changes to the Notice of ProposedRulemaking to enlarge the scope, they must re-propose.
Citation to the Pennsylvania Bulletin
Cite material in the Pennsylvania Bulletin byvolume number and page number. Example: Volume1, Pennsylvania Bulletin, page 801 (short form: 1Pa.B. 801).
Pennsylvania Code
The Pennsylvania Code is the official codificationof rules and regulations issued by Commonwealthagencies and other statutorily authorized docu-ments. The Pennsylvania Bulletin is the temporarysupplement to the Pennsylvania Code, printingchanges as soon as they occur. These changes arethen permanently codified by the PennsylvaniaCode Reporter, a monthly, loose-leaf supplement.
The Pennsylvania Code is cited by title numberand section number. Example: Title 10 Pennsylva-nia Code, § 1.1 (short form: 10 Pa.Code § 1.1).
Under the Pennsylvania Code codification system,each regulation is assigned a unique number bytitle and section. Titles roughly parallel the organi-zation of Commonwealth government. Title 1 Penn-sylvania Code lists every agency and its correspond-ing Code title location.
How to Find Documents
Search for your area of interest in the Pennsylva-nia Code.
The Pennsylvania Code contains, as Finding Aids,subject indexes for the complete Code and for eachindividual title, a list of Statutes Used As Authorityfor Adopting Rules and a list of annotated cases.Source Notes give you the history of the documents.To see if there have been recent changes, not yetcodified, check the List of Pennsylvania Code Chap-ters Affected in the most recent issue of the Penn-sylvania Bulletin.
The Pennsylvania Bulletin also publishes a quar-terly List of Pennsylvania Code Sections Affectedwhich lists the regulations in numerical order,followed by the citation to the Pennsylvania Bulle-tin in which the change occurred.
SUBSCRIPTION INFORMATION: (717) 766-0211GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Printing FormatMaterial 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 ellipsisof Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary styleface.
Fiscal NotesSection 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 orauthorities receiving money from the State Treasury stating whether the proposed action or procedure causes a lossof revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal notebe published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscalnote shall provide the following information: (1) the designation of the fund out of which the appropriation providing forexpenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program isimplemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history ofthe program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of itsimplementation; (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 Commonwealthfunds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretaryof the Budget and the reasons therefor.
The required information is published in the foregoing order immediately following the proposed change to which itrelates; the omission of an item indicates that the agency text of the fiscal note states that there is no informationavailable with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in thatorder, following the year the program is implemented, which is stated. In item (4) information is set forth for thecurrent and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by theSecretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ ispublished, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivisionis intended.
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
List of Pa. Code Chapters AffectedThe 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 1997.
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
THE GENERAL ASSEMBLYRecent Actions During the 1997 Regular Session of the General Assembly
The following is a summary of recent actions of the General Assembly during the 1997 Regular Session.1997 ACTS—Acts 3 through 6 (numerical)
Act Enactment Bill Printer’s Effective SubjectNo. Date No. No. Date Matter1997-3 April 17 HB67 PN1531 Immediately* Transportation (74 Pa.C.S.) and Vehicle
Code (75 Pa.C.S.)—omnibus amendments1997-4 April 22 SB168 PN388 Immediately Third Class County Assessment Board
Law—omnibus amendments1997-5 April 22 HB149 PN1340 Immediately* Crimes Code (18 Pa.C.S.)—firearms and
expungement of arrest records relating tosexual offenses
1997-6 April 25 HB12 PN168 60 days Judicial Code (42 Pa.C.S.)—sentencing formurder of first degree
* with exceptions
1997 APPROPRIATIONS—Acts 1A through 3A (numerical)
Act Enactment Bill Printer’s Effective SubjectNo. Date No. No. Date Matter1997-1A April 25 HB850 PN952 July 1, 1997 Office of Small Business Advocate—
operation1997-2A April 25 HB853 PN955 July 1, 1997 Bureau of Professional and Occupational
Affairs—operation1997-3A April 25 HB855 PN957 July 1, 1997 Department of Labor and Industry and
Department of Community and EconomicDevelopment—workers’ compensation andoccupational disease administrative ex-penses, etc.
* with exceptions
Effective Dates of StatutesThe effective dates specified above for laws and appropriation acts were contained in the applicable law or
appropriation act. Where no date is specified or where the effective date specified is prior to the date of enactment, theeffective date is 60 days after final enactment except for statutes making appropriations or affecting budgets of politicalsubdivisions. See 1 Pa.C.S. §§ 1701—1704 (relating to effective dates of statutes).
Advance Copies of StatutesSection 1106 of Title 1 of the Pennsylvania Consolidated Statutes provides that the prothonotaries of each county shall
file advance copies of statutes in their offices for public inspection until the Laws of Pennsylvania are generally available.Section 2406(h) of The Administrative Code of 1929 provides that the Department of General Services shall distributeadvance sheets of the Laws of Pennsylvania to each law judge of the courts, to every county and public library of thisCommonwealth, and to each member of the General Assembly. These copies shall be furnished without charge. TheDepartment shall also mail one copy of each law enacted during any legislative session to any person who pays to it thesum of $20.
Requests for annual subscriptions for advance copies of statutes should be sent to the State Bookstore, State RecordsCenter Building, 1825 Stanley Drive, Harrisburg, PA 17103, accompanied by a check or money order in the sum of $20,payable to the ‘‘Commonwealth of Pennsylvania.’’
Legislative Bills and DocumentsCopies of Senate Bills and Documents may be obtained from Document Room, Senate of Pennsylvania, Room 34A, Main
Capitol Building, Harrisburg, PA 17120, telephone (717) 787-6732.Copies of House Bills and Documents may be obtained from: Document Room, House of Representatives, 35 Main
Capitol Building, Harrisburg, PA 17120, telephone (717) 787-5320.CARL MEASE,
Director[Pa.B. Doc. No. 97-755. Filed for public inspection May 16, 1997, 9:00 a.m.]
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
THE COURTSTitle 204—JUDICIALSYSTEM GENERAL
PROVISIONSPART V. PROFESSIONAL ETHICS AND CONDUCT
[204 PA. CODE CH. 83]Amendment of Rule 502(b) of the Pennsylvania
Rules of Disciplinary Enforcement; No. 332 Dis-ciplinary Doc. No. 43
OrderPer Curiam:
And Now, this 25th day of April, 1997, it is herebyOrdered that:
(1) Rule 502(b) of the Pennsylvania Rules of Disciplin-ary Enforcement is amended in the following form;
(2) this amendment shall be effective for the 1997-1998assessment;
(3) this amendment shall be rescinded for the 1998-1999 assessment and thereafter; and
(4) pursuant to Rule 103 of the Pennsylvania Rules ofJudicial Administration, the immediate amendment ofRule 502(b) is required in the interest of justice andefficient administration.
This Order shall be processed in accordance with Rule103(b) of the Pennsylvania Rules of Judicial Administra-tion and the amendment shall be effective immediately.
Annex ATITLE 204. JUDICIAL SYSTEM GENERAL
PROVISIONSPART V. PROFESSIONAL ETHICS AND CONDUCT
Subpart B. DISCIPLINARY ENFORCEMENTCHAPTER 83. PENNSYLVANIA RULES OF
DISCIPLINARY ENFORCEMENTSubchapter E. CLIENT SECURITY FUND
GENERAL PROVISIONSRule 502. Pennsylvania Lawyers Fund for Client
Security* * * * *
(b) Additional Assessment. Every attorney who is re-quired to pay an annual assessment under Enforcement
Rule 219 (relating to periodic assessment of attorneys;voluntary inactive status) shall pay an additional annualfee of [ $45.00 ] $70.00 for the use of the fund. Suchadditional annual assessment shall be added to, andcollected with and in the same manner as, the basicannual assessment, but the statement mailed by theAdministrative Office pursuant to Enforcement Rule 219shall separately identify the additional assessment im-posed pursuant to this subdivision. All amounts receivedpursuant to this subdivision shall be credited to the fund.
* * * * *[Pa.B. Doc. No. 97-756. Filed for public inspection May 16, 1997, 9:00 a.m.]
PENNSYLVANIA COMMISSION ON SENTENCING[204 PA. CODE CH. 303]
[Correction]
Adoption of Sentencing Guidelines
An error appeared in the adoption of Sentencing Guide-lines published at 27 Pa.B. 1252 and 1272 (March 15,1997). In § 303.15 (relating to offense listing), the PriorRecorded Points for 18 Pa.C.S. § 6301(a)(1)* Corruptionof Minors (when of a sexual nature) and 18 Pa.C.S.§ 6301 (a)(1)* Corruption of Minors were inadvertentlytransposed. The correct Prior Record Points were found inthe text of the Sentencing Guidelines in § 303.7 (relatingto prior record score—guideline points scoring).
The correct version of this section appears in Annex A.
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Annex ATITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART VIII. CRIMINAL SENTENCINGCHAPTER 303. SENTENCING GUIDELINES
§ 303.15. Offense ListingCRIMES CODE OFFENSES
§ 303.03OFFENSE § 303.7 PRIOR
STATUTORY GRAVITY RECORD18 Pa.C.S. § OFFENSE TITLE CLASS SCORE POINTS6301(a)(1)* Corruption of Minors (when of a sexual nature) M1 5 16301(a)(1)* Corruption of Minors M1 4 m
* = Subcategorized Offenses. See 303.3(b).m = Other Misdemeanor Offenses. See 303.7(a)(5).INCHOATE = Inchoates to 4 point PRS offenses. See 303.3(c) and 303.8(b) for all other inchoates.
[Pa.B. Doc. No. 97-757. Filed for public inspection May 16, 1997, 9:00 a.m.]
Title 255—LOCALCOURT RULES
CARBON COUNTYElectronic Monitoring Fees; No. 046 MI 97
Administrative Order No. 6-1997And Now, this 28th day of April, 1997, in order to
assess the costs of administering the Carbon CountyHome Electronic Monitoring Program, it is hereby:
Ordered and Decreed that the Court, effective May 1,1997, hereby increases the Home Electronic MonitoringFee to ten dollars ($10.00) per day for all defendantsplaced into the Carbon County Home Electronic Monitor-ing Program from the time they are ordered into theProgram until the time they are released from theProgram.By the Court
JOHN R. LAVELLE,President Judge
[Pa.B. Doc. No. 97-758. Filed for public inspection May 16, 1997, 9:00 a.m.]
DELAWARE COUNTYAmendment to Local Rule 206(B)(1)(d); Misc. No.
97-4901
Amended Order
And Now, to wit, this 28th day of April, 1997, it ishereby Ordered and Decreed that Delaware County LocalRule 206(B)(1)(d) is amended as follows:
(d) Each Answer to Petitions or Motions filed pursuantto this Rule shall be accompanied by the following:
(i) a face sheet clearly indicating that they are beingfiled pursuant to Rule *206; and
(ii) a form of Proposed Order fairly encompassing therelief requested.
By the CourtA. LEO SERENI,
President Judge[Pa.B. Doc. No. 97-759. Filed for public inspection May 16, 1997, 9:00 a.m.]
2414 THE COURTS
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
RULES AND REGULATIONSTitle 4—ADMINISTRATION
Title 12—COMMERCE, TRADE ANDLOCAL GOVERNMENT
Title 13—COMMERCE AND TRADETitle 16—COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENTDEPARTMENT OF STATE
The Pennsylvania Emergency Management Agency, the Department of State and the Department of Community andEconomic Development (DCED) jointly submit this notice for the purpose of renumbering certain existing regulations andstatements of policy. The renumbering has been made necessary by the enactment of the Community and EconomicDevelopment Enhancement Act (act) (71 P. S. §§ 1709.101—1709.2106).
Among other things, the act changed the name of the Department of Commerce to the DCED, eliminated theDepartment of Community Affairs and transferred to the DCED certain functions which had previously been assigned tothe Department of Community Affairs. Section 2101 of the act (71 P. S. § 1709.2101) authorizes the Legislative ReferenceBureau to recodify regulations to effectuate the reassignment of functions. In addition, the renumbering of anotherregulation is necessitated by the transfer of responsibilities from the Department of Community Affairs to thePennsylvania Emergency Management Agency.
Therefore, in recognition of the transfers of functions set forth in the act, the executive agencies named in this noticehereby request the Legislative Reference Bureau to create a new Title 12 of the Pennsylvania Code and to make changesto the organizational numbering of the affected regulations and statements of policy, as set forth in the following tables.
TITLE 12COMMERCE, TRADE AND LOCAL GOVERNMENT
PART I. General AdministrationSubpart A. General Information
Chapter 1. Preliminary ProvisionsChapter 2. Commerce Information System
Subpart B. Local Government Unit Debt Act Administrative Rules and ProceduresChapter 11. Local Government Unit Debt Act Administrative Rules and Procedures
Subpart C. Policy Planning and Information—General Provisions [Reserved]Subpart D. Housing Finance Agency
Chapter 31. Housing Finance AgencyPART II. Workforce and Technology Development
Chapter 41. Small Business Incubator ProgramPART III. Business Financing
Subpart A. Grants
Chapter 51. Industrial Development Assistance
Subpart B. Bonds
Chapter 61. Private Activity Bonds—Statement of Policy
Chapter 63. Private Activity Bonds—Allocation
Subpart C. Loans
Chapter 71. Machinery and Equipment
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Subchapter A. Machinery and Equipment Loan FundSubchapter B. Statement of Policy
Chapter 73. Pennsylvania Industrial Development AuthoritySubchapter A. General ProvisionsSubchapter B. Statement of Policy
Subpart D. Minority LendingChapter 81. Minority Business Development Authority
Subchapter A. General ProvisionsSubchapter B. Loan Program AdministrationSubchapter C. Examination and Investigation of Loans
PART IV. International Business Development [Reserved]PART V. Community Affairs and Development
Subpart A. Strategic Planning OperationChapter 111. Grants-In-Aid to Flood-Prone MunicipalitiesChapter 113. Floodplain ManagementChapter 115. Financially Distressed Minicipalities ProgramChapter 117. Local Government Capital Project Loan FundChapter 119. Councils of Government Assistance Program
Chapter 121. Enterprise Development Area Initiative—Statement of Policy
Subpart B. Community Empowerment
Chapter 131. Manpower Employment Assistance and Training Program
Chapter 133. Community Action Agencies Program
Chapter 135. Neighborhood Assistance Program
Subpart C. Community Development and Housing
Chapter 141. Community Development Grant Program
Chapter 143. Manufactured Housing
Chapter 145. Industrial Housing and Components
Chapter 147. Building Energy Conservation Standards
TABLE OF REGULATIONS TO BE TRANSFERREDFORMER PA. CODE REFERENCES NEW PA. CODE REFERENCES13 Pa. Code Chapter 1 12 Pa. Code Pt. I, Subpt. A, Ch. 113 Pa. Code Chapter 2 12 Pa. Code Pt. I, Subpt. A, Ch. 213 Pa. Code Chapter 3 12 Pa. Code Pt. III, Subpt. A, Ch. 5113 Pa. Code Chapter 5 12 Pa. Code Pt. III, Subpt. C, Ch. 71, Subch. A13 Pa. Code Chapter 6 12 Pa. Code Pt. III, Subpt. C, Ch. 71, Subch. B13 Pa. Code Chapter 55 12 Pa. Code Pt. III, Subpt. B, Ch. 6113 Pa. Code Chapter 57 12 Pa. Code Pt. III, Subpt. B, Ch. 6313 Pa. Code Chapter 69 12 Pa. Code Pt. II, Ch. 4113 Pa. Code Chapter 101 12 Pa. Code Pt. III, Subpt. D, Ch. 81, Subch. A13 Pa. Code Chapter 103 12 Pa. Code Pt. III, Subpt. D, Ch. 81, Subch. B13 Pa. Code Chapter 105 12 Pa. Code Pt. III, Subpt. D, Ch. 81, Subch. C13 Pa. Code Chapter 301 12 Pa. Code Pt. III, Subpt. C, Ch. 73, Subch. A13 Pa. Code Chapter 303 12 Pa. Code Pt. III, Subpt. C, Ch. 73, Subch. B13 Pa. Code Chapter 201 4 Pa. Code Pt. XIII, Ch. 40113 Pa. Code Chapter 202 4 Pa. Code Pt. XIII, Ch. 40213 Pa. Code Chapter 203 4 Pa. Code Pt. XIII, Ch. 40313 Pa. Code Chapter 205 4 Pa. Code Pt. XIII, Ch. 40513 Pa. Code Chapter 207 4 Pa. Code Pt. XIII, Ch. 40713 Pa. Code Chapter 209 4 Pa. Code Pt. XIII, Ch. 40916 Pa. Code Chapter 1 12 Pa. Code Pt. I, Subpt. A, Ch. 116 Pa. Code Chapter 3 12 Pa. Code Pt. V, Subpt. A, Ch. 11116 Pa. Code Chapter 4 12 Pa. Code Pt. I, Subpt. B, Ch. 1116 Pa. Code Chapter 11 12 Pa. Code Pt. V, Subpt. B, Ch. 13116 Pa. Code Chapter 13 12 Pa. Code Pt. V, Subpt. B, Ch. 13316 Pa. Code Chapter 15 12 Pa. Code Pt. V, Subpt. B, Ch. 13516 Pa. Code Chapter 23 12 Pa. Code Pt. V, Subpt. A, Ch. 121
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
FORMER PA. CODE REFERENCES NEW PA. CODE REFERENCES16 Pa. Code Chapter 25 12 Pa. Code Pt. V, Subpt. C, Ch. 14116 Pa. Code Chapter 28 12 Pa. Code Pt. V, Subpt. C, Ch. 14316 Pa. Code Chapter 29 12 Pa. Code Pt. V, Subpt. C, Ch. 14516 Pa. Code Chapter 30 12 Pa. Code Pt. V, Subpt. C, Ch. 14716 Pa. Code Chapter 31 12 Pa. Code Pt. V, Subpt. A, Ch. 11916 Pa. Code Chapter 36 12 Pa. Code Pt. V, Subpt. A, Ch. 11516 Pa. Code Chapter 36b 12 Pa. Code Pt. V, Subpt. A, Ch. 11716 Pa. Code Chapter 38 12 Pa. Code Pt. V, Subpt. A, Ch. 11316 Pa. Code Chapter 40 12 Pa. Code Pt. I, Subpt. D, Ch. 3116 Pa. Code Chapter 36a 4 Pa. Code Pt. V, Ch. 120b
ROBERT G. BENKO,Acting Secretary of Community and Economic Development
YVETTE KANE,Secretary of the Commonwealth
CHARLES S. WYNNE,Director, Pennsylvania Emergency Management Agency
[Pa.B. Doc. No. 97-760. Filed for public inspection May 16, 1997, 9:00 a.m.]
Title 58—RECREATIONGAME COMMISSION
[58 PA. CODE CHS. 139 AND 143]Seasons and Bag Limits Table; Antlerless Deer
Licenses and Bear Licenses
To effectively manage the wildlife resources of thisCommonwealth, the Game Commission (Commission), atits April 15, 1997, adopted the following changes:
Amend § 139.4 (relating to seasons and bag limits forthe license year) to provide dates for the 1997—1998hunting license year.
Amend § 143.48 (relating to first-come-first-served li-cense issuance) to clarify conditions for the initial accep-tance of antlerless deer license applications.
Amend § 143.51 (relating to application and issuance ofbonus tags) concerning issuance of bonus antlerless deerlicenses to muzzleloader hunters.
Amend Chapter 143, Subchapter D (relating to bearlicenses), by adding §§ 143.66—143.70 concerning theapplication, issuance and display of bear licenses.
These amendments are hereby adopted under the au-thority of 34 Pa.C.S. (relating to Game and Wildlife Code)(code).
1. Amendment to § 139.4
To effectively manage the wildlife resources of thisCommonwealth, the Commission, at its January 14, 1997,meeting proposed, and at its April 15, 1997, meetingfinally adopted, changing § 139.4 to provide for seasonsand bag limits for the 1997—1998 license year. Theseseasons and bag limits were proposed under sections322(c)(1) and 2102(b)(1) of the code (relating to power andduties of Commission; and regulations). Notable changesfor the 1997—1998 year are the allowing of the taking ofa coyote during the spring gobbler season, a specialsquirrel season for junior hunters and the limitation oftwo deer per hunter except in Special Regulations Areas.
2. Purpose and Authority
The Commission is required to set hunting and furtak-ing seasons and bag limits on an annual basis. Section
322(b) of the code specifically empowers the Commissionto ‘‘ . . . fix seasons . . . and daily, season and possessionlimits for any species of game or wildlife.’’ Section 2102(b)of the code mandates that the Commission promulgateregulations relating to seasons and bag limits. The origi-nally proposed amendments included a provision for noclosed season on chipmunks, red squirrels and porcu-pines. As the result of public comments, the Commissiondecided to defer that action. The Commission also decidedto add the provisions mentioned in the introduction andto close State Game Lands No. 69 to woodcock hunting sothat area can be used for research.
3. Regulatory Requirements
These seasons and bag limits establish when and whereit is lawful to hunt and trap various game species andplace limits on the numbers that can be legally taken.
4. Persons Affected
All persons wishing to hunt and trap in this Common-wealth would be affected by these seasons and bag limits.
5. Comment and Response Summary
The only written comments received by the Commissionrelate to removing protection from chipmunks, red squir-rels and porcupines. As a result, the Commission hasdecided to defer the action.
6. Cost and Paperwork Requirements
The new seasons and bag limits would not result inadditional cost either to the Commission or to huntersand furtakers.
7. Effective Dates
The amendments are effective July 1, 1997 to June 30,1998.
Amendments to Chapter 143, Subchapter C (relating toantlerless deer licenses)
To clarify procedures and more fairly provide antlerlessdeer hunting opportunities, the Commission at its Janu-ary 14, 1997, meeting proposed, and at its April 15, 1997,meeting finally adopted, changes to Chapter 143,Subchapter C to clarify procedures for issuing antlerlessdeer licenses and to give muzzleloader license holdersadditional opportunity to obtain bonus antlerless licenses.These changes are being adopted under the authority
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
contained in section 2722(g) of the code (relating toauthorized license issuing agents).
2. Purpose and Authority
Section 143.48 generally refers to § 143.45 (relating tocompleting and submitting applications) in establishingprocedures for the issuance of antlerless licenses. Countytreasurers have complained that this general referencehas created some confusion. The change to § 143.48would refer to specific subsections of § 143.45.
The change to § 143.51 would provide holders ofmuzzleloader licenses 3 additional days to apply for bonusantlerless licenses before those licenses are made avail-able to the general public. Muzzleloader license holdersare required to give up their regular antlerless licenseapplication to get the muzzleloader license. The changehelps to compensate for this sacrifice by providing moreopportunity for bonus tags.
Section 2722(g) of the code authorizes the Commissionto adopt regulations controlling license issuance. Both ofthe changes are being adopted under this authority.
3. Regulatory Requirements
The change to § 143.48 merely clarifies current re-quirements. The change relaxes restrictions onmuzzleloader hunters seeking bonus antlerless deer li-censes.
4. Persons Affected
County treasurers and their employes and those seek-ing bonus antlerless deer licenses would be affected bythese changes.
5. Comment and Response Summary
No written comments were received on the proposedchanges.
6. Cost and Paperwork Requirements
The changes will not result in additional cost andpaperwork.
7. Effective Date
These changes are effective on publication in thePennsylvania Bulletin and remain in effect until changedby the Commission.
1. Amendments to Chapter 143, Subchapter D (relating tobear licenses)
To more efficiently issue bear licenses, the Commissionat its January 14, 1997, meeting proposed, and at itsApril 15, 1997, meeting finally adopted, §§ 143.66—143.70 which allow the issuance of bear licenses byauthorized license issuing agents and dispense with therequirement to display the bear license while hunting.These changes are adopted under sections 2102 and2722(g) of the code.
2. Purpose and Authority
Bear license applications are currently processed, andbear licenses are currently issued, directly by the Com-mission. When there was a limit on the number of theselicenses available, that procedure was necessary. Nowthat there is no limitation on the number of bear licenses,it would be more efficient and convenient to the licensepurchaser to have authorized license issuing agents per-form that function. In addition, given the limited natureof the bear hunting season, it was decided that it wouldbe more convenient to dispense with requiring display ofthe license.
Section 2102 of the code authorizes the Commission to‘‘ . . . promulgate such regulations as it deems necessaryand appropriate concerning . . . hunting or furtaking inthis Commonwealth, . . . ’’ section 2722(g) of the code au-thorizes the Commission to adopt regulations relating toadministration and control of license issuance activities.3. Regulatory Requirements
The changes allow authorized license issuing agents toissue bear licenses and require that the bear license besigned and carried but not displayed.4. Persons Affected
Authorized license issuing agents would have addi-tional workload but would also receive additional fees. Itis anticipated that the proposed system would be moreconvenient for most bear license purchasers.5. Comment and Response Summary
No written comments were received on the proposedchanges.6. Cost and Paperwork Requirements
Authorized license issuing agents might have someadditional cost and paperwork which would be offset byadditional fees. The burden on the Commission would belightened.7. Effective Date
This change is effective on publication in the Pennsyl-vania Bulletin and would remain in effect until changedby the Commission.Contact Person
For further information on the changes or to comment,the contact person is James R. Fagan, Director, Bureau ofLaw Enforcement (717) 783-6526, 2001 Elmerton Avenue,Harrisburg, PA 17110-9797.Findings
The Commission finds that:(1) Public notice of intention to adopt the administra-
tive amendments adopted by this order has been givenunder sections 201 and 202 of the act of July 31, 1968(P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and theregulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the amendments of the Commissionin the manner provided in this order is necessary andappropriate for the administration and enforcement of theauthorizing statute.Order
The Commission, acting under authorizing statute,orders that:
(a) The regulations of the Commission, 58 Pa. CodeChapters 139 and 143, are amended by amending§§ 143.48 and 143.51 and by adding §§ 143.66—143.70 toread as set forth at 26 Pa.B. 928 (February 22, 1997) andby amending § 139.4 to read as set forth in Annex A.
(b) The Executive Director of the Commission shallsubmit this order, 27 Pa.B. 928 and Annex A and depositthem with the Legislative Reference Bureau as requiredby law.
(c) This order is effective upon final publication in thePennsylvania Bulletin.
DONALD C. MADL,Executive Director
Fiscal Note: Fiscal Note 48-96 remains valid for thefinal adoption of the subject regulations.
2418 RULES AND REGULATIONS
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 139. SEASONS AND BAG LIMITS
§ 139.4. Seasons and bag limits for the license year.
1997-1998 OPEN HUNTING AND FURTAKING SEASONS, DAILY LIMIT,FIELD POSSESSION LIMIT AND SEASON LIMIT
OPEN SEASON INCLUDES FIRST AND LAST DATES LISTEDField
PossessionDaily Limit After
Species First Day Last Day Limit First DaySquirrels—Gray, Black and Fox(Combined)—Eligible Junior Hunters only,with or without the required license, whenproperly accompanied as required by law
Oct. 11 Oct. 13 6 12
Squirrels—Gray, Black and Fox (Combined) Oct. 18
Dec. 26and
Nov. 29
Jan. 24, 1998
6 12
Ruffed Grouse—Statewide Oct. 18
Dec. 26and
Nov. 29
Jan. 24, 1998
2 4
Ruffed Grouse—There is no open season fortaking ruffed grouse in that portion of StateGame Lands No. 176 in Centre County whichis posted ‘‘RESEARCH AREA—NO GROUSEHUNTING’’Rabbits, Cottontail Nov. 1
Dec. 26and
Nov. 29
Feb. 7, 1998
4 8
Ringneck Pheasant—Male only Nov. 1 Nov. 29 2 4Ringneck Pheasant—Male or female combinedwhen hunting in designated hen shooting areaonly
Nov. 1
Dec. 26and
Nov. 29
Jan. 24, 1998
2 4
Pheasant—Male only in that portion of MercerCounty west of Interstate 79 and north ofInterstate 80
Nov. 1 Nov. 29 2 4
Pheasant—There is no open season for thetaking of pheasants in those areas designatedand defined as PHEASANT RESTORATIONAREAS A, B, C, D, E and FBobwhite Quail—The hunting and taking ofbobwhite quail is permitted in all countiesexcept Adams, Chester, Cumberland, Dauphin,Delaware, Franklin, Fulton, Juniata,Lancaster, Lebanon, Perry, Snyder and Yorkwhere the season is closed.
Nov. 1 Nov. 29 4 8
Hares (Snowshoe Rabbits) or Varying Hares Dec. 26 Jan. 1, 1998 2 4Woodchucks (Groundhog) No closed season except during the
antlered and antlerless deer seasonand until 12 noon daily during thespring gobbler turkey season
Unlimited
Daily SeasonSpecies First Day Last Day Limit LimitTurkey—Male or Female
Management Areas # 1-A, 1-B & 7-B Nov. 1 Nov. 8 1 1Management Areas # 2, 6, 7-A & 8 Nov. 1 Nov. 15 1 1Management Areas # 3, 4 & 5 Nov. 1 Nov. 22 1 1Management Area # 9-A Closed to fall turkey hunting
RULES AND REGULATIONS 2419
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Daily SeasonSpecies First Day Last Day Limit Limit
Management Area # 9-B Nov. 3 Nov. 7 1 1Turkey (Spring Gobbler) StatewideBearded Bird only
May 2, 1998 May 30, 1998 1 1
MIGRATORY GAME BIRDS
Except as further restricted by this chapter, the seasons, bag limits, hunting hours and hunting regulations formigratory game birds shall conform to regulations adopted by the United States Secretary of the Interior under authorityof the Migratory Bird Treaty Act (16 U.S.C.A. § 703 et seq.) as published in the Federal Register on or about August 27and September 28 of each year. Exceptions:
(a) Hunting hours in § 141.4 (relating to hunting hours).
(b) Nontoxic shot as approved by the Director of the United States Fish and Wildlife Service is required for useStatewide in hunting and taking of migratory waterfowl.
(c) Subject to approval by the United States Fish and Wildlife Service, an early and late season for Canada geese willbe held as defined in § 141.25.
(d) There is no open season for taking Woodcock within the boundaries of State Game Land No. 69, located inRandolph, Richmond and Troy Townships in Crawford County, Pennsylvania.
FieldPossession
Daily Limit AfterSpecies First Day Last Day Limit First DayCrows(Hunting permitted on Friday, Saturday andSunday only)
July 4
Dec. 26and
Nov. 30
Mar. 29, 1998
Unlimited
Starlings and English Sparrows No closed season except during theantlered and antlerless deer seasonsand until 12 noon daily during thespring gobbler turkey season
Unlimited
FALCONRY
Squirrels—Gray, Black and Fox (Combined) Sep. 1 Mar. 28, 1998 6 12Quail Sep. 1 Mar. 28, 1998 4 8Ruffed Grouse Sep. 1 Mar. 28, 1998 2 4Cottontail Rabbits Sep. 1 Mar. 28, 1998 4 8Snowshoe or Varying Hare Sep. 1 Mar. 28, 1998 2 4Ringneck Pheasant—Male and Female(Combined)
Sep. 1 Mar. 28, 1998 2 4
Migratory Game Birds—Seasons and bag limits shall be in accordance with Federal regulations.
DEERDaily Season
Species First Day Last Day Limit LimitDeer (Archery), Antlered or Antlerless with theappropriate license
Oct. 4
Dec. 26and
Nov. 15
Jan. 10, 1998
1 Per Day One antlered.**One antlerlessdeer withrequiredantlerlesslicense
Deer (Buck), Statewide, Antlered with 2 ormore points to an antler or a spike 3 or moreinches long
Dec. 1 Dec. 13 1 Per Day One antlered.**
Deer (Doe) Antlerless (Statewide) Dec. 15 Dec. 17 1 Per Day One antlerlessdeer withrequiredantlerlesslicense
2420 RULES AND REGULATIONS
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Daily SeasonSpecies First Day Last Day Limit Limit
Deer (Doe) Antlerless(Presque Isle State Park, Erie County)
Dec. 10 Dec. 12 One antlereddeer.**One antlerlessdeer withrequiredantlerlesslicense.
Deer (Muzzleloading Firearms),(Flintlock only) Antlered or Antlerless
Dec. 26 Jan. 10, 1998 1 Per Day One antlered**or oneantlerless—plusone additionalantlerless deerwith requiredantlerlesslicense
Deer (Doe) AntlerlessOnly on those lands designated by theExecutive Director as ‘‘Deer Damage Areas’’and posted with approved signs
Dec. 1 Dec. 13 One antlerlessdeer withrequiredantlerlesslicense.
Deer (Letterkenny Army Depot,Franklin County and New Cumberland ArmyDepot, York County and Fort Ritchie, RavenRock Site, Adams County) Antlerless
Hunting is permitted on daysestablished by the United StatesDepartment of the Army
One antlerlessdeer withrequiredantlerlesslicense.
SPECIAL REGULATIONS AREASSOUTHEASTERN PENNSYLVANIA AND ALLEGHENY COUNTY
Deer (Buck), Antlered Dec. 1 Dec. 13 One antlered deer.**
Deer (Doe), Antlerless Dec. 1
Dec. 26and
Dec. 17
Jan. 10, 1998
One antlerless deer with eachrequired antlerless license.
BONUS TAGS58 Pa. Code §§ 143.51 and 143.52 (relating to bonus tags) apply only in Special Regulations Areas and to holders of acurrent Muzzleloader License Stamp.
BEARDaily Season
Species First Day Last Day Limit LimitBear, any age Nov. 24 Nov. 26 1 1
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Daily SeasonSpecies First Day Last Day Limit Limit
FURTAKING—HUNTING
Coyotes—Statewide No closed season. Coyotes may betaken during the regular antlered andantlerless deer seasons or extensionsonly by hunters who have a valid deertag or during the spring gobblerturkey season by hunters who have avalid spring turkey tag and meetfluorescent orange and shot sizerequirements.
Unlimited
Opossums, Skunks, Weasels—Statewide No closed season. These species maynot be hunted prior to 12 noon duringthe spring gobbler turkey season.
Raccoons and Foxes—Statewide Oct. 18 Feb. 14, 1998 Unlimited
No open seasons on other wild birds or wild mammals.**Only one antlered deer (buck) may be taken during all seasons of the hunting license year.
[Pa.B. Doc. No. 97-761. Filed for public inspection May 16, 1997, 9:00 a.m.]
2422 RULES AND REGULATIONS
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
PROPOSED RULEMAKINGDEPARTMENT OF
EDUCATION[22 PA. CODE CH. 342]
Special Education Services and Programs
The Department of Education (Department) proposes toamend Chapter 342 (relating to special education servicesand programs) to read as set forth in Annex A, under theauthority of section 13-1372 of the Public School Code of1949 (24 P. S. § 13-1372) and § 14.3 (relating to stan-dards).
Chapter 342 governs the Commonwealth’s operation ofspecial education services and programs for eligible stu-dents. The proposed amendment to § 342.34 (relating toextended school year services) establishes definitions,criteria and procedures for considering and documentingthe need for extended school year (ESY) services foreligible students under Chapter 14 (relating to specialeducation services and programs).
Purpose
The purpose of amending § 342.34 is to ensure thatCommonwealth standards are consistant with Chapter14, Federal law and judicial decisions affecting ESYservices for eligible students, and to provide guidance tolocal educational agencies when determining whether ornot eligible students under Chapter 14 are entitled toESY services. Definitions and criteria previously onlyalluded to in § 14.34 (relating to extended school yearservices) are specified in proposed § 342.34.
The proposed amendment complements amendmentsbeing proposed by the State Board of Education under§§ 14.1 and 14.34 (relating to definitions; and extendedschool year services).
ESY services address the needs of eligible students wholose behavioral patterns or skills (regression) during aninterruption in educational programming and who do notrecover those behavior patterns or skills (recoupment),making it unlikely that the student will attain or main-tain the goals as reflected in the Individualized EducationProgram (IEP) or make reasonable progress from year toyear.
Respecting that not all students receiving special edu-cation services and programs need extended servicesbecause of regression and failure to recoup, the Depart-ment is proposing an amendment to § 342.34 intended tofacilitate a local education agency’s (LEA) determinationas to whom among the students eligible for specialeducation services and programs are also eligible for ESYservices and to provide procedures that will ensure thatthese decisions are reached within the regulatory provi-sions of the Individuals with Disabilities Education Act,the regulatory provisions under 34 CFR Part 300 andArmstrong v. Kline, 476 F. Supp. 583 (E. D. Pa. 1979).
Failure to promulgate these standards could meandenial of a free appropriate public education to eligiblestudents, loss of student progress, provision of services byLEAs when not required, unnecessary due process hear-ings and significant loss of funding for noncompliancewith Federal regulations.
Affected PartiesThe proposed standard will benefit Commonwealth
students who are eligible for special education servicesand programs and who need ESY services to enable themto receive a free appropriate public education. The pro-posed standard also affects the parents and guardians ofthese students, as well as all school districts and interme-diate units by providing clear policy for implementationand dispute resolution.Cost and Paperwork Estimates
Costs imposed on State government will be for provid-ing training and technical assistance to school districtsand intermediate units in interpreting and implementingthe new standards. These efforts are ongoing for varioussections of the standards, so the proposed change instandards will not materially affect the Commonwealth’scosts.
The number of students entitled to ESY services shouldnot increase significantly as a result of the proposedstandard, since each district must consider all eligiblestudents for ESY services if regression and limitedrecoupment capacity warrant this consideration. Costsmay increase slightly because of the demand expectationscreated by bringing attention to the issue. The ESYservices are already being provided to approximately3,000 students in this Commonwealth. The Department isnot aware of students in this Commonwealth who areentitled to ESY services but are not receiving them. As aresult of the Department’s analysis of fiscal impact, themaximum increase in the number of students servedwould be less than 10%. Given an average cost of servicesof $1,968, a 10% increase would result in a total addedcost across this Commonwealth of approximately$590,000. These costs are expected to be offset by FederalIDEA Part B funds within the budgets of intermediateunits. The fiscal impact on school districts should beminimal.
The proposed amendment to § 342.34 will not substan-tially alter paperwork, accounting or reporting require-ments already in place.Effective Date
The proposed standard will become effective upon finalpublication in the Pennsylvania Bulletin.Sunset Date
The effectiveness of Chapter 342 (including § 342.34)will be reviewed by the Department and State Board ofEducation every 4 years, in accordance with the Board’spolicy and practice respecting all regulations and stan-dards promulgated by the Department and Board. Thus,no sunset date is necessary.Regulatory Review
Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a)), on May 7, 1997, the Department submit-ted a copy of this proposed amendment to the Indepen-dent Regulatory Review Commission (IRRC) and to theChairpersons of the House and Senate Committees onEducation. In addition to submitting the proposed amend-ment, the Department has provided IRRC and the Com-mittees with a copy of a detailed Regulatory AnalysisForm prepared by the Department in compliance withExecutive Order 1996-1, ‘‘Regulatory Review and Promul-gation.’’ A copy of this material is available to the publicupon request.
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
If the Committees have objections to any portion of theproposed amendment, they will notify the Departmentwithin 20 days of the close of the public comment period.If IRRC has objections to any portion of the proposedamendment, it will notify the Department within 30 daysof the close of the public comment period. The notificationshall specify the regulatory review criteria which havenot been met by that portion. The Regulatory Review Actspecifies detailed procedures for review, prior to finalpublication of the standards, by the Board, the GeneralAssembly and the Governor of objections raised.
Public Comments and Contact Person
Interested persons are invited to submit written com-ments, suggestions or objections regarding this proposalto Peter H. Garland, Executive Director, State Board ofEducation, 333 Market Street, Harrisburg, PA 17126-0333within 30 days following publication in the PennsylvaniaBulletin. Persons needing additional information regard-ing this proposal may contact William Penn, Director,Bureau of Special Education, 333 Market Street, Harris-burg, PA 17126-0333 (717) 783-6913.
Persons with disabilities needing an alternative meansof providing public comment may make arrangements bycalling Dr. Garland at (717) 787-3787 or TDD (717)787-7367.
Alternative formats of the proposed amendment (suchas braille, large print, cassette tape) can be made avail-able to members of the public upon request to Dr.Garland at the telephone and TDD numbers listed in thisPreamble.
EUGENE W. HICKOK,Secretary
Fiscal Note: 6-259. (1) General Fund; (2) Year1997-98 is $ 590,000; (3) 1st Succeeding Year 1998-99 is$ 720,000; 2nd Succeeding Year 1999-00 is $ 720,000; 3rdSucceeding Year 2000-01 is $ 720,000; 4th SucceedingYear 2001-02 is $ 720,000; 5th Succeeding Year 2002-03 is$ 720,000; (4) Fiscal Year 1996-97 $6.08 million; FiscalYear 1995-96 $6.07 million; Fiscal Year 1994-95 $5.19million; (7) special education; (8) recommends adoption.The costs are expected to be offset by Federal IDEA PartB funds within the budget of the intermediate units.
Annex A
TITLE 22. EDUCATION
PART XVI. STANDARDS
CHAPTER 342. SPECIAL EDUCATION SERVICESAND PROGRAMS
§ 342.34. Extended school year services.
[ See § 14.34 (relating to extended school yearservices. ]
(a) The following words and terms, when used inthis section, have the following meanings, unlessthe context clearly indicates otherwise:
Regression—Reversion to a lower level of func-tioning evidenced by a measurable decrease in thelevel of skills or behaviors which occurs as theresult of an interruption in educational program-ming.
Recoupment—Recovery of skills or behavioralpatterns, or both, specified on the IEP to a leveldemonstrated prior to the interruption of educa-tional programming.
(b) Factors such as those listed in this sectionshall be considered by IEP teams whenever rel-evant, but no single factor listed in this section isdeterminative of need for extended school year(ESY) services.
(c) When considering the need for ESY services,the team shall pay particular attention to studentswith disabilities that are thought of as severe andto IEP goals that are associated with self-sufficiency and independence from caretakers.School districts may not limit their consideration ofthe need for ESY services to students with particu-lar types or degrees of disability, particular studentgoals, particular methods of programming providedduring the regular school term or the availability ofretrospective data on regression and recoupment.
(d) ESY services shall be designed to attain ormaintain skills and behaviors relevant to estab-lished IEP goals and objectives.
(e) Reliable sources of information regarding astudent’s educational needs, propensity to progress,recoupment potential and year-to-year progressmay include the following:
(1) Progress of goals on consecutive IEPs.
(2) Progress reports maintained by educators,therapists and others having direct contact withthe student before and after interruptions in theeducation program.
(3) Reports by parents of negative changes inadaptive behaviors or in other skill areas.
(4) Medical or other agency reports indicatingdegenerative-type difficulties which become exacer-bated during breaks in educational services.
(5) Observations and opinions by educators, par-ents and others.
(6) Results of tests including criterion-referencedtests, curriculum-based assessments, ecological likeskills assessments and other appropriate measures.
(f) Documentation that ESY has been consideredshall be made on each eligible student’s IEP. Whendetermined to be necessary by the IEP team, ESYservices shall be reflected on a student’s IEP.
[Pa.B. Doc. No. 97-762. Filed for public inspection May 16, 1997, 9:00 a.m.]
DEPARTMENT OFPUBLIC WELFARE
[55 PA. CODE CH. 141]Volunteer Community Service; General Eligibility
Requirements
The Department of Public Welfare (Department), underthe authority of section 403(b) of the Public Welfare Code(code) (62 P. S. § 403(b)) proposes to amend § 141.81(relating to MA eligibility policy) to read as set forth inAnnex A. The proposed amendment affects State-fundedGeneral Assistance (GA) category of Medically NeedyOnly Medical Assistance (MNO-MA).
2424 PROPOSED RULEMAKING
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
PurposeThe purpose of this proposed amendment is to add a
provision to recognize volunteer community service asmeeting the work requirement required under the act ofMay 16, 1996 (P. L. 175, No. 35) (Act 35) for MNO-MA.The Department is proposing this amendment in responseto requests from interested parties. This proposed amend-ment would extend MNO-MA coverage to persons whoattempt but are unable to find employment and insteadparticipate in volunteer community service. An individualwill be required to participate in volunteer communityservice for at least 100 hours per month. Persons who areemployed for less than 100 hours per month may use acombination of hours worked in paid employment andvolunteer community service to qualify for MNO-MA.Background
Act 35 amended section 442.1 of the code (62 P. S.§ 442.1) relating to the determination of eligibility forMNO-MA. Section 442.1(a)(3)(ii) of the code provideseligibility for MNO-MA to individuals who are not eligiblefor cash assistance but who meet certain other conditions,including a person who verifies employment of at least100 hours per month earning at least the minimum wage.In addition, section 442.1(a)(2) of the code provideseligibility for MNO-MA to individuals who meet stan-dards of financial and nonfinancial eligibility establishedby the Department with approval of the Governor.
The Department received requests from interested par-ties advocating that persons who are actively engaged involunteer community service for 100 hours per month beconsidered as meeting the work requirement under Act35. Accordingly, the Department proposes to adopt theamendment to permit these individuals to qualify forMNO-MA.Need for the Amendment
This amendment is needed to recognize the perfor-mance of volunteer community service to establish eligi-bility for MNO-MA. The Department proposes to coverindividuals who have made a good faith effort to findemployment for at least 100 hours each month for at leastminimum wage but are unable to find paid work and thusparticipate in volunteer community service. An individualwill be required to participate in community service for atleast 100 hours each month of eligibility. To be counted,community service shall be performed through a munici-pality or a nonprofit organization that qualifies as tax-exempt under section 501(c)(3) or (4) or (d) of the InternalRevenue Code (26 U.S.C.A. § 501(c)(3) or (4) or (d)). Thenumber of hours that an individual participates in com-munity service must be verified.Summary of the Proposed Amendment
The Department proposes to add new § 141.81(i), Com-munity Service for General Category (TD). The newsubsection extends eligibility for MNO-MA to individualsin the TD category who meet the financial requirementsbut are not otherwise eligible unless they verify either100 hours per month of volunteer community service or acombination of volunteer community service and paidemployment at the minimum wage that totals at least100 hours per month. The proposed amendment describescommunity service; requires that community service beperformed through a municipality or a nonprofit organiza-tion that qualifies as tax-exempt under section 501(c)(3)or (4) or (d) of the Internal Revenue Code and providesservice in a nondiscriminatory manner consistent withFederal, State and local law; clarifies that the communityservice must be comparable to work for which an em-
ployer would normally pay at least minimum wage anddoes not promote religion or involve political, electoral orpartisan activities; and outlines the responsibilities ofclients participating in community service.Affected Individuals and Organizations
The proposed amendment will affect applicants for andrecipients of MNO-MA who do not qualify for a Federally-funded category of MA or for State-funded MA on any otherbasis. These individuals are categorized as GA-related. Itwill also affect municipalities and nonprofit organizationswhere individuals perform community service.Fiscal Impact
The estimated costs to the State associated with per-mitting a person to qualify for MNO-MA on the basis ofperforming community service are $15.505 million basedon the assumption that 10 percent of the affected popula-tion would be able to verify 100 hours of volunteercommunity service.
We are unable to quantify the actual costs to theprivate sector. However, the benefits of having a welfarerecipient participate in volunteer community serviceshould outweigh the costs associated with supervisingand documenting the participant’s activity. Documenta-tion would include maintaining attendance records, pro-viding monthly verification of the actual number of hoursof participation, and providing assurances to and writingjob descriptions for participants.Paperwork Requirement
No new forms are anticipated. Persons who apply forMNO-MA will be required to obtain and provide monthlyverification of the actual number of hours that theyparticipate in community service. Additionally, a personhas to obtain and provide to the Department a volunteerresponsibilities description and specific assurances.Effective Date
This proposed amendment will be effective upon publi-cation as final rulemaking.
Sunset Date
No sunset date is applicable.
Public Comment Period
Interested persons are invited to submit written com-ments, suggestions or objections regarding the proposedamendment to the Department of Public Welfare, PatriciaH. O’Neal, Director, Bureau of Policy, Room 431, Healthand Welfare Building, Harrisburg, PA 17120 (717) 787-4081, within 30-calendar days of the date of publicationin the Pennsylvania Bulletin. Comments received within30-calendar days will be reviewed and considered in thepreparation of the final-form regulation. Comments re-ceived after the 30-day comment period will be consideredfor any subsequent revisions of this regulation.
Persons with a disability may use the AT&T RelayService by calling (800) 654-5984 (TDD users) or (800)654-5988 (voice users).
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a)), on April 23, 1997, the Departmentsubmitted a copy of this proposed amendment to theIndependent Regulatory Review Commission (IRRC) andto the Chairpersons of the House Committee on Healthand Human Services and the Senate Committee on PublicHealth and Welfare. In addition to submitting the pro-posed amendment, the Department has provided IRRC
PROPOSED RULEMAKING 2425
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
and the Committees with a copy of a detailed RegulatoryAnalysis Form prepared by the Department in compliancewith Executive Order 1996-1. A copy of this material isavailable to the public upon request.
If IRRC has objections to any portion of the proposedamendment, it will notify the Department within 30 daysof the close of the public comment period. The notificationshall specify the regulatory review criteria which havenot been met by that portion. The Regulatory Review Actspecifies detailed procedures for the Department, theGovernor and the General Assembly of these objectionsbefore final publication of the regulation.
FEATHER O. HOUSTOUN,Secretary
Fiscal Note: 14-436. (1) General Fund;MA—Inpatient Outpatient Capitation
(2) 1997-98 is $7,819,000 $3,022,000 $ 9,092,000(3) 1998-99 is 8,132,000 3,143,000 9,455,000
1999-00 is 8,458,000 3,269,000 9,834,0002000-01 is 8,796,000 3,399,000 10,227,0002001-02 is 9,148,000 3,535,000 10,636,0002002-03 is 9,514,000 3,677,000 11,061,000
(7) Medical Assistance—Inpatient, Outpatient andCapitation Appropriations; (8) recommends adoption. Thecosts above assume that 10% of the MA recipients will beable to verify 100 hours of voluntary community service.The costs for 1997-98 are included in the 1997-98 Execu-tive Budget.
Annex ATITLE 55. PUBLIC WELFARE
PART II. PUBLIC ASSISTANCE MANUALSubpart C. ELIGIBILITY REQUIREMENTS
CHAPTER 141. GENERAL ELIGIBILITYPROVISIONS
ELIGIBILITY PROVISIONS FOR MA FORMEDICALLY NEEDY
§ 141.81. MA eligibility policy.* * * * *
(i) Community Service for General Category (TD).An individual who meets the financial require-ments for GA-MNO but is not otherwise eligiblemay qualify if the individual demonstrates a goodfaith effort to seek employment, accept any offer ofemployment and maintain employment, includingverifying registration at the job center, and verifieseither 100 hours per month of approved volunteercommunity service or a combination of approvedvolunteer community service and paid employmentfor at least the minimum wage that totals at least100 hours per month in each of the 6 months duringwhich eligibility for GA-MNO is being determined.
(1) To be counted under this subsection, commu-nity service shall be performed through a munici-pality or a nonprofit organization that qualifies astax-exempt under sections 501(c)(3) or (4) or (d) ofthe Internal Revenue Code (Community ServiceAgency) (26 U.S.C.A. § 501(c)(3) or (4) or (d)). Thisorganization shall be representative of a commu-nity or a significant segment of the community thatis engaged in meeting human, educational or envi-ronmental community needs.
(2) Eligible volunteer community service shallconsist of tasks that would usually be performed bypaid employes of a municipality or organization ifthere were sufficient resources to pay for the work.As used in this chapter, the term ‘‘community ser-vice’’ means performance of tasks designated toaccomplish any of the following:
(i) Preservation, enhancement and remediationof the environment.
(ii) Promotion of the well-being of children, theelderly, persons with physical or developmentaldisabilities, and persons with low incomes.
(iii) Educational development, including literacytraining, adult basic education courses and instruc-tion in job search skills and job application skills.
(iv) Improvement activities on public land orfacilities.
(v) Projects or activities calculated to improvepublic health, safety and welfare.
(3) An individual’s participation in communityservice shall be counted if the value of the servicethe individual performs is comparable to work forwhich an employer would normally pay at leastminimum wage. The final determination of compa-rability will rest with the Department.
(4) An individual’s participation in communityservice will not be considered for purposes ofeligibility if the activities promote religion or are ofa political, electoral or partisan nature, nor for anyroutine unpaid civic activities such as attendingparent-teacher association and neighborhood groupmeetings, or participating in the neighborhoodwatch program.
(5) Responsibilities of clients participating incommunity service activities are:
(i) Obtaining a volunteer responsibilities descrip-tion from the community service agency and pro-viding it to the Department.
(ii) Identifying to the Department the appropri-ate official or staff member responsible for super-vising the person participating in community ser-vice.
(iii) Providing to the Department, on a monthlybasis, a copy of the contemporaneous time recordsof the community service agency which show theactual number of hours of participation eachmonth. These time records shall be attested to bythe community service agency.
(iv) Obtaining and providing to the Departmentcertification from the community service agencythat the client shall continue to participate in eachof the 6 months during which eligibility for GA-MNO is being determined.
(v) Obtaining and providing to the Departmentassurance that the community service agency meetshealth and safety standards prescribed by Federal,State and local law.
(vi) Obtaining and providing to the Departmentassurance that the community service agency willprovide equipment, special protective clothing oruniforms as required by the nature of the work.
(vii) Obtaining and providing to the Departmentassurance that the volunteer service provided bythe individual will not result in the displacement of
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any currently-employed worker or position, includ-ing partial displacement, such as the reduction inhours of nonovertime work, wages or employmentbenefits.
(viii) Obtaining and providing to the Departmentassurance that the volunteer service provided bythe individual will not impair existing contracts forservices or collective bargaining agreements.
(ix) Obtaining and providing to the Departmentassurance that the volunteer service provided bythe individual will not be a substitute for the fillingof a position when any other person is on layofffrom the same or a substantially-equivalent jobwithin the same organizational unit, or when anemployer has terminated any regular employe.
(x) Obtaining and providing to the Departmentassurance that the volunteer service provided bythe individual will not infringe in any way uponpromotional opportunities of any currently-employed individual.
(xi) Obtaining and providing to the Departmentassurance that the volunteer service provided bythe individual will not be a substitute for the fillingof any established unfilled vacancy.
(xii) Obtaining and providing to the Departmentassurance that the community service agency willcooperate with and respond to requests for infor-mation needed to complete an audit, includingretaining work and attendance records for 4 years.
(xiii) Verifying to the Department monthly thatthe individual has completed either 100 hours permonth of approved volunteer community service ora combination of approved volunteer communityservice and paid employment for at least the mini-mum wage that totals at least 100 hours per month.
(xiv) Verifying to the Department monthly thatthe individual has made a good faith effort to seekemployment, accept any offer of employment andmaintain employment, including verifying registra-tion at the job center.
(6) Failure to comply with the verification, sub-mission and other requirements of this subsectionwill result in ineligibility. A person who makes awillfully false statement or misrepresentation orwithholds information or by other fraudulentmeans secures, attempts to secure or aids or abetsanother in securing MA under this subsection shallbe subject to prosecution under Chapter 255 (relat-ing to restitution).
[Pa.B. Doc. No. 97-763. Filed for public inspection May 16, 1997, 9:00 a.m.]
ENVIRONMENTAL QUALITYBOARD
[25 PA. CODE CH. 93]Browns Run—Warren County; Notice of Public
Hearing and Extension of Public Comment Period
The Environmental Quality Board (Board) announces itwill hold a public hearing to accept comments on the
Board’s proposal to redesignate Browns Run in WarrenCounty as Exceptional Value Waters.
The Board’s proposal to redesignate Browns Run waspublished at 27 Pa.B. 1449 (March 22, 1997) for publiccomment. During the public comment period, the Boardreceived requests to conduct a public hearing regardingBrowns Run. Therefore, a public hearing has been sched-uled for July 1, 1997. In addition, the deadline forcomments on Browns Run has been extended to July 2,1997.
The hearing will be held at 7 p.m. as follows:July 1, 1997 Warren County Courthouse
204 Fourth Avenue(Market and Fourth Sts.)Warren, PA
Anyone interested in presenting testimony at the hear-ing should contact Nancy Roush at the EnvironmentalQuality Board, P. O. Box 8477, Harrisburg, PA 17105-2063 (717) 787-4526, at least 1 week in advance of thehearing to reserve a time to present testimony. Oraltestimony will be limited to 10 minutes for each witness,and three written copies of the oral testimony must besubmitted at the hearing. Each organization is requestedto designate one witness to present testimony on itsbehalf.
Persons with a disability who wish to attend thehearing and require an auxiliary aid, service or otheraccommodation in order to participate should contactNancy Roush at (717) 787-4526, or through the Pennsyl-vania AT&T Relay Service at (800) 654-5984 (TDD), todiscuss how their needs may be accommodated.
Written comments, suggestions or objections regardingthe proposal may also be submitted to the EnvironmentalQuality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: 15th Floor, Rachel Carson StateOffice Building, 400 Market Street, Harrisburg, PA17101-2301). Comments must be received by July 2, 1997.Comments received by facsimile will not be accepted.Electronic comments may be submitted [email protected]. In addition to writtenor electronic comments, interested persons may submit asummary of their comments to the Board. The summarymay not exceed one page in length and must also bereceived by July 2, 1997. The one-page summary will beprovided to each member of the Board in the agendapacket distributed prior to the meeting at which the final-form regulation will be considered.
Copies of this regulatory proposal may be obtained fromEdward Brezina, Chief, Division of Water Quality Assess-ment and Standards, Bureau of Watershed Conservation,Department of Environmental Protection. P. O. Box 8555,Harrisburg, PA 17105-8555, (717) 787-9637, or E-mail [email protected].
JAMES M. SEIF,Chairperson
[Pa.B. Doc. No. 97-764. Filed for public inspection May 16, 1997, 9:00 a.m.]
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[25 PA. CODE CH. 93]Trout Run—Hellam Township, York County; Notice
of Public Hearing and Extension of Public Com-ment Period
The Environmental Quality Board (Board) announces itwill hold a public hearing to accept comments on theBoard’s proposal to redesignate Trout Run in HellamTownship, York County as Exceptional Value Waters.
The Board’s proposal to redesignate Trout Run waspublished at 27 Pa.B. 1449 (March 22, 1997) for publiccomment. During the public comment period, the Boardreceived requests to conduct a public hearing regardingTrout Run. Therefore a public hearing has been scheduledfor July 2, 1997. In addition, the deadline for commentson Trout Run has been extended to July 2, 1997.
The hearing will be held at 7 p.m. as follows:July 2, 1997 Friendship Fire Company
163 E. Market StreetHellam, PA
Anyone interested in presenting testimony at the hear-ing should contact Nancy Roush at the EnvironmentalQuality Board, P. O. Box 8477, Harrisburg, PA 17105-2063 (717) 787-4526, at least 1 week in advance of thehearing to reserve a time to present testimony. Oraltestimony will be limited to 10 minutes for each witness,and three written copies of the oral testimony must besubmitted at the hearing. Each organization is requestedto designate one witness to present testimony on itsbehalf.
Persons with a disability who wish to attend thehearing and require an auxiliary aid, service or otheraccommodation in order to participate should contactNancy Roush at (717) 787-4526, or through the Pennsyl-vania AT&T Relay Service at (800) 654-5984 (TDD), todiscuss how their needs may be accommodated.
Written comments, suggestions or objections regardingthe proposal may also be submitted to the EnvironmentalQuality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: 15th Floor, Rachel Carson StateOffice Building, 400 Market Street, Harrisburg, PA17101-2301). Comments must be received by July 2, 1997.Comments received by facsimile will not be accepted.Electronic comments may be submitted to [email protected]. In addition to written orelectronic comments, interested persons may submit asummary of their comments to the Board. The summarymay not exceed one page in length and must also bereceived by July 2, 1997. The one-page summary will beprovided to each member of the Board in the agendapacket distributed prior to the meeting at which thefinal-form regulation will be considered.
Copies of this regulatory proposal may be obtained fromEdward Brezina, Chief, Division of Water Quality Assess-ment and Standards, Bureau of Watershed Conservation,Department of Environmental Protection, P.O. Box 8555,Harrisburg, PA 17105-8555, (717) 787-9637, or E-mail atBrezina [email protected].
JAMES M. SEIF,Chairperson
[Pa.B. Doc. No. 97-765. Filed for public inspection May 16, 1997, 9:00 a.m.]
STATE BOARD OFEDUCATION[22 Pa. CODE CH. 14]
Special Education Services and Programs
The State Board of Education (Board) proposes toamend Chapter 14 (relating to special education servicesand programs), which relates to special education servicesand programs, to read as set forth in Annex A, under theauthority of sections 1372, 2603-B and 2604-B of thePublic School Code of 1949 (24 P. S. §§ 13-1372, 26-2603-B and 26-2604-B).
Chapter 14 governs the Commonwealth’s operation ofspecial education services and programs for eligible stu-dents. Proposed amendments to §§ 14.1 and 14.34 (relat-ing to definitions; and extended school year services)define extended school year (ESY) services for eligiblestudents and clarify requirements for the identification ofstudents in need of ESY and the program itself.
Extended school year services address the needs ofeligible students who lose behavioral patterns or skills(regression) during an interruption in educational pro-gramming and who do not recover those behavior pat-terns or skills (recoupment), making it unlikely that thestudent will attain or maintain the goals reflected in theIndividualized Education Program (IEP) or make reason-able progress from year to year.Purpose
The purpose of amending §§ 14.1 and 14.34 is toensure that Commonwealth regulations are consistantwith the Individuals with Disabilities Education Act, theregulatory provisions under 34 CFR Part 300 andArmstrong v. Kline, 476 F. Supp. 583 (E. D. Pa. 1979).
The proposed amendment to § 14.1 establishes a defini-tion of “extended school year services.”
As currently written, § 14.34 requires IEP Teams toconsider only eligible students with severe disabilities forESY services. In part, the proposed changes to § 14.34are intended to bring the regulations up to date withpractices in the field. Basic Education Circular 3-94alerted school districts that the Department of Education(Department) views the regulatory language as too re-strictive and advised districts to consider any student forESY services if regression and limited recoupment capac-ity warrant this consideration. Accordingly, the word‘‘severe’’ is proposed to be deleted from § 14.34. Addi-tional proposed language in § 14.34 sets forth responsibil-ity with regard to the identification of ESY eligiblestudents and overall scope of the program.
The proposed amendments complement amendmentsbeing proposed by the Department of Education under§ 342.34 (relating to extended school year services).
Failure to promulgate these amendments could meandenial of a free appropriate public education to eligiblestudents, loss of student progress, provision of services byLEAs when not required, unnecessary due process hear-ings and significant loss of funding for noncompliancewith Federal regulations.Affected Parties
The proposed amendments will benefit Commonwealthstudents who are eligible for special education servicesand programs and who need ESY services to enable themto receive a free appropriate public education. The pro-
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posed amendments also affect the parents and guardiansof these students, as well as all school districts andintermediate units by providing clear policy for ESYservices.
Cost and Paperwork Estimates
Costs imposed on State government will be for provid-ing training and technical assistance to school districtsand intermediate units in interpreting and implementingthe new regulations and accompanying standards pro-posed under Chapter 342 (relating to standards forspecial education services and programs). The efforts areongoing for various sections of the regulations, so theproposed changes in regulations will not materially affectthe State’s costs.
The number of students entitled to ESY services shouldnot increase significantly as a result of these proposedamendments, since each district must consider all eligiblestudents for ESY services if regression and limited recoup-ment capacity warrant this consideration. Costs may in-crease slightly because of the demand expectations createdby bringing attention to the issue. ESY services arealready being provided to approximately 3,000 students inthis Commonwealth. The Board is not aware of students inthis Commonwealth who are entitled to ESY services butare not receiving them. As a result of the Department ofEducation’s analysis of fiscal impact, the maximum in-crease in the number of students served would be less than10%. Given an average cost of services of $1,968, a 10%increase would result in a total added cost across thisCommonwealth of approximately $590,000. These costs areexpected to be offset by Federal IDEA Part B funds withinthe budgets of intermediate units. The fiscal impact onschool districts should be minimal.
Proposed amendments to §§ 14.1 and 14.34 will notsubstantially alter paperwork, accounting or reportingrequirements already in place.
Effective Date
These proposed amendments will become effective uponfinal publication in the Pennsylvania Bulletin.
Sunset Date
The effectiveness of Chapter 14 (including §§ 14.1 and14.34) will be reviewed by the Board every 4 years, inaccordance with the Board’s policy and practice respectingall regulations and standards promulgated by the Depart-ment and Board. Thus, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71P. S. § 745.5(a)), on May 7, 1997, the Board submitted acopy of these proposed amendments to Independent Regu-latory Review Commission (IRRC) and to the Chairper-sons of the House and Senate Committees on Education.In addition to submitting the proposed amendments, theBoard has provided IRRC and the Committees with acopy of a detailed Regulatory Analysis Form prepared bythe Department in compliance with Executive Order1996-1, ‘‘Regulatory Review and Promulgation.’’ A copy ofthis material is available to the public upon request.
If the Committees have objections to any portion of theproposed amendments, they will notify the Board within20 days of the close of the public comment period. If IRRChas objections to any portion of the proposed amend-ments, it will notify the Board within 30 days of the closeof the public comment period. The notification shallspecify the regulatory review criteria which have not beenmet by that portion. The Regulatory Review Act specifies
detailed procedures for review, prior to final publication ofthe standards, by the Board, the General Assembly andthe Governor of objections raised.Public Comments and Contact Person
Interested persons are invited to submit written com-ments, suggestions or objections regarding this proposalto Peter H. Garland, Executive Director, State Board ofEducation, 333 Market Street, Harrisburg, PA 17126-0333within 30 days following publication in the PennsylvaniaBulletin. Persons needing additional information regard-ing this proposal may contact William Penn, Director,Bureau of Special Education, 333 Market Street, Harris-burg, PA 17126-0333 (717) 783-6913.
Persons with disabilities needing an alternative meansof providing public comment may make arrangements bycalling Dr. Garland at (717) 787-3787 or TDD (717)787-7367.
Alternative formats of the proposed amendments (suchas, braille, large print, cassette tape) can be madeavailable to members of the public upon request to Dr.Garland at the telephone and TDD numbers listed above.
PETER H. GARLAND,Executive Director
Fiscal Note: 6-260. (1) General Fund; (2) Year1997-98 is $ 590,000; (3) 1st Succeeding Year 1998-99 is$ 720,000; 2nd Succeeding Year 1999-00 is $ 720,000; 3rdSucceeding Year 2000-01 is $ 720,000; 4th SucceedingYear 2001-02 is $ 720,000; 5th Succeeding Year 2002-03 is$720,000; (4) Fiscal Year 1996-97 $6.08 million; FiscalYear 1995-96 $6.07 million; Fiscal Year 1994-95 $5.19million; (7) Special Education; (8) recommends adoption.The costs are expected to be offset by Federal IDEA PartB funds within the budget of the intermediate units.
Annex ATITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATIONCHAPTER 14. SPECIAL EDUCATION SERVICES
AND PROGRAMS§ 14.1. Definitions.
The following words and terms, when used in this part,have the following meanings, unless the context clearlyindicates otherwise:
* * * * *Extended school year services—Special education
or related services provided outside of a standardschedule of school days within a school term, forthe purpose of ensuring the provision of a freeappropriate public education to an eligible student.
* * * * *§ 14.34. Extended school year services.
(a) An eligible student [ with severe disabilities ] isentitled to [ an appropriate educational program inexcess of 180 days per year ] extended school year(ESY) services if regression caused by interruption ineducational programming and limited recoupment capac-ity [ renders ], or other factors, makes it unlikely thatthe student will attain [ a level of self-sufficiency andindependence from caretakers that would be ex-pected in view of the student’s disability ] or main-tain skills and behavior relevant to established IEPgoals and objectives. School districts are respon-sible for considering the need for ESY services foreach eligible student, including each student placed
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
by the district in an approved private school orother placement site not operated by the schooldistrict.
(b) [ To provide an appropriate program, the IEPteam shall consider annually the needs of eligiblestudents with severe disabilities for extendedschool year programming. In making this determi-nation ] Consideration of the need for ESY servicesshall occur at the IEP team meeting to be convenedat least annually, or more frequently if conditionswarrant consistent with § 14.32(h)(3) (relating toIEP). Consideration means that ESY services areraised and discussed at the IEP team meeting.When consideration requires the IEP team to makea formal determination of need for ESY services,the IEP team shall rely on criteria in Chapter 342(relating to special education services and programs) andapplicable judicial decisions.
(c) Need for ESY services is not based on any ofthe following:
(1) The desire or need for day care or respitecare service.
(2) The desire or need for a summer recreationprogram.
(3) The desire or need for other programs orservices which, while they may provide educationalbenefit, are not required to ensure the provision ofa free appropriate public education.
(d) This section does not require more than re-quired by Federal law and regulations.
[Pa.B. Doc. No. 97-766. Filed for public inspection May 16, 1997, 9:00 a.m.]
2430 PROPOSED RULEMAKING
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
STATEMENTS OF POLICYTitle 4—ADMINISTRATION
PART II. EXECUTIVE BOARD[4 PA. CODE CH. 9]
[Correction]
Reorganization of the Department of General Ser-vices
The reorganization of the Department of General Ser-vices which appeared at 27 Pa.B. 2143 (May 10, 1997)was submitted to the Legislative Reference Bureau withan incorrect effective date. The correct effective date isApril 18, 1997.
[Pa.B. Doc. No. 97-767. Filed for public inspection May 16, 1997, 9:00 a.m.]
PART II. EXECUTIVE BOARD[4 PA. CODE CH. 4]
Reorganization of the Department of Labor andIndustry
The Executive Board approved a reorganization of theDepartment of Labor and Industry effective April 29,1997.
The following organization chart at 27 Pa.B. 2432 is
published at the request of the Joint Committee onDocuments under 1 Pa. Code § 3.1(a)(9) (relating to con-tents of Code).
(Editor’s Note: The Joint Committee on Documents hasfound organization charts to be general and permanent innature. The document meets the criteria of 45 Pa.C.S.§ 702(7) as a document general and permanent in naturewhich shall be codified in the Pennsylvania Code.)
[Pa.B. Doc. No. 97-768. Filed for public inspection May 16, 1997, 9:00 a.m.]
PART II. EXECUTIVE BOARD[4 PA. CODE CH. 9]
[Correction]
Reorganization of the Department of Public Wel-fare
The reorganization of the Department of Public Welfarewhich appeared at 27 Pa.B. 2143 (May 10, 1997) wassubmitted to the Legislative Reference Bureau with anincorrect effective date. The correct effective date is April18, 1997.
[Pa.B. Doc. No. 97-769. Filed for public inspection May 16, 1997, 9:00 a.m.]
2431
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
2432 STATEMENTS OF POLICY
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
NOTICESDEPARTMENT OF
AGRICULTUREPennsylvania Apple Marketing Program; Referen-
dum
Under the applicable provisions of the PennsylvaniaAgricultural Commodities Marketing Act of 1968, a refer-endum was held from April 11 to April 25, 1997, todetermine if the producers affected by the PennsylvaniaApple Marketing Program desired to have the Programcontinue for another 5 years. In order to pass, a majorityof eligible producers voting had to vote in favor of theProgram continuing. An impartial Teller Committee meton April 30, 1997, to count the ballots. The following
results were submitted to me by the Teller Committee: atotal of 141 eligible votes were cast, with 78 producersvoting in favor of and 63 producers voting againstcontinuing the Program. The eligible votes favoring con-tinuation of the Program represented 55.3% of the eligiblevotes and those against continuation of the Programrepresented 44.7% of the eligible votes. There were fivespoiled or ineligible ballots. Because a majority of thevotes were cast in favor of the Program, the PennsylvaniaApple Marketing Program shall continue for another 5years.
CHARLES C. BROSIUS,Secretary
[Pa.B. Doc. No. 97-770. Filed for public inspection May 16, 1997, 9:00 a.m.]
DEPARTMENT OF BANKINGAction on Applications
The Department of Banking of the Commonwealth of Pennsylvania, under the authority contained in the act ofNovember 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 theDepartment 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 May 6, 1997.
BANKING INSTITUTIONS
New Charter ApplicationsDate Name of Bank Location Action4-30-97 Harris Interim Savings Bank I
HarrisburgDauphin County
Harrisburg Approved
Interim savings bank being formed in connection with the ‘‘two-tier’’ reorganization of Harris Financial,MHC, Harrisburg.
5-1-97 Sentry Trust CompanyChambersburgFranklin County
1930 Scotland Ave.ChambersburgFranklin County
CommencedOperations
Consolidations, Mergers and AbsorptionsDate Name of Bank Location Action4-29-97 Founders’ Bank, Bryn Mawr,
and Susquehanna Interim Bank,Bryn MawrSurviving Institution—Founders’ Bank, Bryn Mawr
Bryn Mawr Filed
Subject merger is being effected solely to facilitate the acquisition of Founders’ Bank, Bryn Mawr, bySusquehanna Bancshares, Inc., Lititz, a bank holding company.
5-2-97 S & T Bank, Indiana, andPeoples Bank of Unity,PittsburghSurviving Institution—S & T Bank, Indiana
Indiana Effective
All branches of Peoples Bank of Unity, Pittsburgh, will become branches of S & S Bank, including theformer main office of Peoples Bank located at:7660 Saltsburg RoadPittsburghAllegheny County
2433
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Branch ApplicationsDate Name of Bank Location Action12-23-96 Old Forge Bank
Old ForgeLackawanna County
304 Main StreetDuryeaLuzerne County
Opened
4-30-97 Jersey Shore State BankJersey ShoreLycoming County
WalMart SuperCenterHogan Boulevard and
Country Club LaneBald Eagle TownshipClinton County
Approved
4-30-97 Fulton BankLancasterLancaster County
Route 30 andRoosevelt Avenue
YorkWest Manchester Twp.York County
Approved
5-1-97 East Penn BankEmmausLehigh
Route 100 andWest End Trail
MacungieLehigh County
Approved
5-1-97 Jersey Shore State BankJersey ShoreLycoming County
Route 64ZionWalker TownshipCentre County
Approved
5-5-97 The Glenmede Trust CompanyPhiladelphiaPhiladelphia County
25825 Science ParkDrive, Suite 385
BeachwoodCuyahoga CountyOhio
Filed
5-5-97 Pittsburgh Home SavingsBank
PittsburghAllegheny County
Shop N Save5001 Library RoadBethel ParkAllegheny County
Filed
Branch DiscontinuancesDate Name of Bank Location Action5-5-97 Financial Trust Company
CarlisleCumberland County
805 West Lisburn Rd.MechanicsburgCumberland County
Filed
Articles of AmendmentDate Name of Bank Purpose Action4-30-97 Patriot Interim Bank
(In Organization)PottstownMontgomery County
To provide for the additionof an initial Director toArticle 8 of the Articlesof Incorporation.
Approvedand
Effective
SAVINGS ASSOCIATIONS
No activity.
CREDIT UNIONS
ConversionsDate Name of Credit Union Location Action5-1-97 White Rose Postal Employees
Federal Credit UnionYorkYork County
To:White Rose Credit UnionYorkYork County
York Filed
Application represents conversion from a Federally-chartered credit union to a State-chartered creditunion.
2434 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Branch ApplicationsDate Name of Credit Union Location Action5-5-97 Philadelphia Telco
Credit UnionTrevoseBucks County
291 E. Swedesford Rd.Tredyfrin TownshipWayneChester County
Filed
Articles of AmendmentDate Name of Credit Union Purpose Action4-30-97 Erie Postal Credit Union
ErieErie County
To provide for a change inthe language of Article 8of the Articles ofIncorporation.
Approvedand
Effective
RICHARD C. RISHEL,Secretary
[Pa.B. Doc. No. 97-771. Filed for public inspection May 16, 1997, 9:00 a.m.]
Maximum Lawful Rate of Interest for ResidentialMortgages for the Month of June 1997
The Department of Banking of the Commonwealth ofPennsylvania, under the authority contained in section301 of the act of January 30, 1974 (P. L. 13, No. 6) (41P. S. § 301), hereby determines that the maximum lawfulrate of interest for residential mortgages for the month ofJune is 9¾%.
The interest rate limitations under the State’s usurystatute were preempted to a great extent by Federal law,the Depository Institutions Deregulation and MonetaryControl Act of 1980 (Pub. L. 96-221). Further preemptionwas instituted with the signing of Pub. L. 96-399, whichoverrode State interest rate limitations on any individualwho finances the sale or exchange of residential realproperty which such individual owns and which suchindividual occupies or has occupied as his principalresidence.
Each month the Department of Banking is required byState law to compute and announce the ceiling rate onresidential mortgages in Pennsylvania. This maximumrate is determined by adding 2.50 percentage points tothe yield rate on long-term government bonds as pub-lished by the Federal Reserve Board and/or the U. S.Treasury. The latest yield rate on long-term governmentsecurities is 7.18 to which was added 2.50 percentagepoints for a total of 9.68 that by law is rounded off to thenearest quarter at 9 ¾%.
RICHARD C. RISHEL,Secretary
[Pa.B. Doc. No. 97-772. Filed for public inspection May 16, 1997, 9:00 a.m.]
DEPARTMENT OFEDUCATION
Availability of 1997-98 Competitive Funds underthe Carl D. Perkins Vocational and Applied Tech-nology Education Act Amendments of 1990
Applications for FY 1997-98 Perkins Vocational andApplied Technology Education competitive funds are in-vited for the following category:
To invite competitive applications from school districtsand Area Vocational-Technical schools not previously par-ticipating in Statewide Tech Prep activities to initiate aTech Prep program in conjunction with existing regionalTech Prep consortia. Programs must be carried out underwritten agreement to consort and meet the requirementof the State Tech Prep Assurances.2. Application Requirements
Applications are due June 11, 1997 by 4:30 p.m.3. Application Forms and Guidelines
Completion of applications requires the use of tworeferences: the general and categorical guidelines. Docu-ments are available from Emmanuel Constantine, Divi-sion of Advisory and Approval Services, Bureau ofVocational-Technical Education, 333 Market Street, 6thFloor, Harrisburg, PA 17126-0333, telephone: (717) 787-5293.4. Completed Applications
All completed applications are to be mailed or delivered(not faxed) to the Division of Advisory and ApprovalServices on or before the designated due date.
EUGENE W. HICKOK,Secretary
[Pa.B. Doc. No. 97-773. Filed for public inspection May 16, 1997, 9:00 a.m.]
NOTICES 2435
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
DEPARTMENT OF ENVIRONMENTAL PROTECTIONApplications, Actions and Special Notices
APPLICATIONSAPPLICATIONS 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 ofthis Commonwealth. Unless otherwise indicated, on the basis of preliminary review and application of lawful standardsand regulations, the Department of Environmental Protection proposes to issue a permit to discharge, subject to certaineffluent limitations and special conditions. These proposed determinations are tentative.
Where indicated, the EPA, Region III, Regional Administrator has waived the right to review or object to this proposedpermit 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 theapplication within 30 days from the date of this public notice. Comments received within this 30-day period will beconsidered 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 acomment and the relevant facts upon which it is based. A public hearing may be held if the responsible office considersthe public response significant.
Following the 30-day comment period, the Water Program Manager will make a final determination regarding theproposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time thisdetermination may be appealed to the Environmental Hearing Board.
The application and related documents, proposed effluent limitations and special conditions, comments received, andother information are on file and may be inspected and arrangements made for copying at the office indicated above theapplication.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodationto participate in the proceedings should contact Richard Adams at (717) 327-3666. TDD users may contact theDepartment through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Applications for National Pollutant Discharge Elimination Systems (NPDES) permit to discharge to Statewaters.
Northcentral Region: Environmental Program Manager, Water Management, 200 Pine Street, Williamsport, PA17701-6510, telephone (717) 327-3666.
PA 0035688. Sewerage, SIC: 4952, Potter Township, R. D. 1, Box 159AA, Spring Mills, PA 16875.
This proposed action is for issuance of an NPDES permit for an existing discharge of treated sewage to Cedar Run inPotter Township, Centre County.
The receiving stream is classified for the following uses: cold water fishery and aquatic life, water supply andrecreation.
For the purpose of evaluating requirements for TDS, NO2-NO3, fluoride and phenolics, the downstream potable watersupply (PWS) considered during the evaluation is PA American Water Company located at Milton on the West BranchSusquehanna River.
Outfall 001: The proposed effluent limits, based on a design flow of 0.035 mgd, are:Average Average Instantaneous
(5-1 to 9-30) 200/100 ml as a geometric average(10-1 to 4-30) 200/100 ml as a geometric average
pH 6.0—9.0 at all times
Other Conditions: none.
The EPA waiver is in effect.
2436 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Northwest Regional Office: Regional Manager, Water Management, 230 Chestnut Street, Meadville, PA 16335, telephone(814) 332-6942.
PA 0101389. Sewage. Penncrest School District (Maplewood Elementary School), R. D. 1, Box 808, Saegertown,PA 16433.
This application is for a renewal of an NPDES permit to discharge treated sewage to Muddy Creek in TownvilleBorough, Crawford County. This is an existing discharge.
The receiving water is classified for the following uses: high quality fishes, aquatic life, water supply and recreation.For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposeddownstream potable water supply considered during the evaluation is the Borough of Cambridge Springs on FrenchCreek located at Cambridge Springs, approximately 15 miles below point of discharge.
The proposed effluent limits, based on a design flow of 0.046 mgd, are:
Outfall No. 001Average Instantaneous
Parameter Monthly (mg/l) Maximum (mg/l)CBOD5 25 50TSS 30 60Ammonia-Nitrogen
(5-1 to 10-31) 3 9(11-1 to 4-30) 9 18
Fecal Coliform(5-1 to 9-30) 200/100 ml as a geometric average(10-1 to 4-30) 4,100/100 ml as a geometric average
Total Residual Chlorine 0.5 1.2pH 6.0—9.0 at all times
The EPA waiver is in effect.
Southwest Regional Office: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745,telephone (412) 442-4000.
PA 0000647. Industrial waste, SIC: 3399, Crucible Research, Division of Crucible Materials Corporation, 6003Campbells Run Road, Pittsburgh, PA 15205-1022.
This application is for renewal of an NPDES permit to discharge treated process water and untreated cooling waterand stormwater from the Crucible Research facility in Robinson Township, Allegheny County.
The following effluent limitations are proposed for discharge to the receiving waters, Campbells Run, classified as awarm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The firstexisting/proposed downstream potable water supply (PWS) is West View Water Company, located on the Ohio River over15 miles below the discharge point.
Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) monitor and reportOil and Grease 15 30Temperature (°F) 110Aluminum monitor and reportMercury monitor and reportpH not less than 6.0 nor greater than 9.0
Other Conditions: No net addition of pollutants to cooling water, thermal conditions for cooling water, priority pollutantanalysis, chemical additives, solids disposal, control floating solids, stormwater conditions, Part II limits superseded,control of dilution and specific waste streams and biannual sampling or training.
Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) monitor and reportTotal Suspended Solids 20 50Copper 1.0 2.5Cyanide 0.12 0.30Lead 0.20 0.50Total Chromium 0.5 1.25Total Iron 4.0 10.0
NOTICES 2437
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Mass (lb/day) Concentration (mg/l)Average Maximum Average Maximum Instantaneous
Parameter Monthly Daily Monthly Daily MaximumOil and Grease 12 30pH not less than 7.5 nor greater than 10.0
Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) monitor and reportTotal Suspended Solids 20 50Copper 1.0 2.5Cyanide 0.12 0.30Lead 0.20 0.50Total Chromium 0.5 1.25Total Iron 4.0 10.0Oil and Grease 12 30Aluminum monitor and reportpH not less than 7.5 nor greater than 10.0
The EPA waiver is in effect.
PA 0003719. Industrial waste, SIC: 4011, LTV Steel Company, 4650 Second Avenue, Pittsburgh, PA 15207.
This application is for renewal of an NPDES permit to discharge treated process water and untreated cooling waterand stormwater from the Monongahela Connecting Railroad Company in the City of Pittsburgh, Allegheny County.
The following effluent limitations are proposed for discharge to the receiving waters, Monongahela River, classified as awarm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The firstexisting/proposed downstream potable water supply (PWS) is West View Water, located over 8 miles below the dischargepoint.
Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) monitor and reportOil and Grease 15 30Temperature (°F) 110Total Suspended Solids 30 60pH not less than 6.0 nor greater than 9.0 standard units
Other Conditions: Residual waste, control floating solids, cooling water conditions, stormwater runoff, storage tankconditions, chemical additives, submission of information.
The EPA waiver is in effect.
PA 0034819. Industrial waste, SIC: 3399 and 3499, Ametek, Inc., Route 519, Eighty Four, PA 15330.
This application is for renewal of an NPDES permit to discharge treated process water, sewage and stormwater anduntreated stormwater from the Ametek Specialty Metals Products Division Plant in North Strabane Township,Washington County.
The following effluent limitations are proposed for discharge to the receiving waters, Little Chartiers Creek andunnamed tributary to Little Chartiers Creek, classified as a high quality warm water fishery with existing and/orpotential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply(PWS) is Western Pennsylvania Water Company—Canonsburg District, located on Little Chartiers Creek, 8 miles belowthe discharge point.
2438 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) monitor and reportpH not less than 6.0 nor greater than 9.0
Other Conditions: Three-year compliance period for and minimization of Total Residual Chlorine (OF201), disinfectionconditions, percent removal, priority pollutant analysis, water quality-based effluent limit conditions, sewage sludgereporting, solids disposal, control floating solids, mass limit conditions, receiving stream temperature increase control,stormwater, chemical additives and submission of information.
Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) monitor and reportChromium 0.084 0.21 0.26 0.65Nickel 0.25 0.5Fluoride 4.9 9.8Copper 0.44 0.85 1.37 2.64Cyanide 0.045 0.11 0.14 0.34Lead 0.10 0.17 0.31 0.53Oil and Grease 4.8 9.6 15 30Total Suspended Solids 9.4 19.8 30 60pH not less than 6.0 nor greater than 9.0
Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow (mgd) 0.0023CBOD5
(5-1 to 10-31) 10 20(11-1 to 4-30) 10 20
Suspended Solids 25 50Ammonia Nitrogen
(5-1 to 10-31) 5 10(11-1 to 4-30) 15 30
Fecal Coliform(5-1 to 9-30) 200/100 ml as a geometric mean(10-1 to 4-30) 10,000/100 ml as a geometric mean
Total Residual Chlorine1st month—36th month monitor and report37th month—expiration 1.4 3.3
pH not less than 6.0 nor greater than 9.0
Outfalls 301, 002 and 003: existing discharge of stormwater.Mass (lb/day) Concentration (mg/l)
Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily Maximum
Outfalls to consist solely of uncontaminated stormwater.
The EPA waiver is in effect.
PA 0042102. Industrial waste, SIC: 2851 and 2821, Ranbar Electrical Materials, Inc., Route 993, Box 607, Manor,PA 15665-0607.
This application is for renewal of an NPDES permit to discharge treated groundwater, noncontact cooling water andstormwater from the Ranbar facility in Manor Borough, Westmoreland County.
The following effluent limitations are proposed for discharge to the receiving waters, Bushy Run, classified as a troutstocked (TSF) fishery with existing and/or potential uses for aquatic life, water supply and recreation. The firstexisting/proposed downstream potable water supply (PWS) is the Western Pennsylvania Water Company, located atPittsburgh on the Monongahela River, >15 miles below the discharge point.
NOTICES 2439
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow monitor and reportTSS 30 100Oil and Grease 15 30Temperature 74°FpH not less than 6.0 nor greater than 9.0
Outfall 101: new discharge to Outfall 001 (0.001 mgd).Mass (lb/day) Concentration (mg/l)
Average Maximum Average Maximum InstantaneousParameter Monthly Daily Monthly Daily MaximumFlow monitor and reportTSS 30 100Oil and Grease 15 30Iron 7.0Benzene 0.001 0.0025Ethylbenzene monitor and reportToluene monitor and reportXylenes (Total) monitor and reportBTEX* 0.10 0.25Styrene 0.008 0.02Phenols (Total) 0.068 0.170O-Cresol 0.5 1.25P-Cresol 2.3 5.75pH not less than 6.0 nor greater than 9.0
*BTEX is the sum of analytical results for Benzene, Toluene, Ethylbenzene and Xylenes.Outfall 003: existing discharge, design flow of 0.001 mgd.
Mass (lb/day) Concentration (mg/l)Average Maximum Average Maximum Instantaneous
Parameter Monthly Daily Monthly Daily MaximumFlow monitor and reportTSS 30 100Oil and Grease 15 30Temperature 74°FpH not less than 6.0 nor greater than 9.0
Outfalls (new) 004, 005, 006 and 007.Discharge consists solely of uncontaminated stormwater runoff.Other Conditions: N/A.The EPA waiver is in effect.
PA 0038172. Sewage, The Hempfield Township Municipal Authority, R. D. 6, Box 501, Greensburg, PA 15601.
This application is for renewal of an NPDES permit to discharge treated sewage from the Rolling Hills SewageTreatment Plant in Hempfield Township, Westmoreland County.
The following effluent limitations are proposed for discharge to the receiving waters, known as Andrews Run, which areclassified as a trout stocked fishery with existing and/or potential uses for aquatic life, water supply and recreation. Thefirst downstream potable water supply intake from this facility is the McKeesport Municipal Water Authority.
Outfall 001: existing discharge, design flow of .071 mgd.Concentration (mg/l)
Average Average Maximum InstantaneousParameter Monthly Weekly Daily MaximumCBOD5 25 38 50Suspended Solids 30 45 60Ammonia Nitrogen
(5-1 to 10-31) 1.5 2.2 3.0(11-1 to 4-30) 3.0 4.5 6.0
Fecal Coliforms(5-1 to 9-30) 200/100 ml as a geometric mean(10-1 to 4-30) 2,000/100 ml as a geometric mean
2440 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Concentration (mg/l)Average Average Maximum Instantaneous
1st month—36th month monitor and report37th month—expiration 0.5 1.2
Dissolved Oxygen not less than 6.0 mg/lpH not less than 6.0 nor greater than 9.0
The EPA waiver is in effect.
PA 0096342. Sewage, Fairchance-Georges Joint Municipal Sewage Authority, 125 West Church Street,Fairchance, PA 15436.
This application is for renewal of an NPDES permit to discharge treated sewage from Fairchance-Georges STP inGeorges Township, Fayette County.
The following effluent limitations are proposed for discharge to the receiving waters, known as Georges Creek, whichare classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation.The first downstream potable water supply intake from this facility is the Dunkard Valley Joint Municipal Authority onthe Monongahela River.
Outfall 001: Existing average design flow of 0.35 mgd, effective until the treatment plant expansion is completed andoperational. Proposed average design flow of 0.45 mgd, effective after the treatment plant expansion is completed andoperational.
Concentration (mg/l)Average Average Maximum Instantaneous
Parameter Monthly Weekly Daily MaximumCBOD5
(5-1 to 10-31) 15 23 30(11-1 to 4-30) 25 38 50
Suspended Solids 25 38 50Ammonia Nitrogen
(5-1 to 10-31) 2.0 3.0 4.0(11-1 to 4-30) 5.0 7.5 10.0
Total Residual ChlorineAt existing 0.35 mgd flow monitor and reportAt proposed 0.45 mgd flow1 0.07 0.23
Fecal Coliforms(5-1 to 9-30) 200/100 ml as a geometric mean(10-1 to 4-30) 2,000/100 ml as a geometric mean
Dissolved Oxygen not less than 5.0 mg/lpH not less than 6.0 nor greater than 9.0
1This limitation is effective if chlorination is used for disinfection for the expanded plant.The EPA waiver is in effect.
PA 0097195. Sewage, Kiski Area School District, Administration Office, 200 Poplar Street, Vandergrift, PA 15690.This application is for issuance of an NPDES permit to discharge treated sewage from the Bell Elementary School
Sewage Treatment Plant in Bell Township, Westmoreland County.The following effluent limitations are proposed for discharge to the receiving waters, known as Wolford Creek, which
are classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation.The first downstream potable water supply intake from this facility is the Buffalo Township Municipal Authority.
Outfall 001: existing discharge, design flow of 0.01 mgd.Concentration (mg/l)
Average Average Maximum InstantaneousParameter Monthly Weekly Daily MaximumCBOD5 25 50Suspended Solids 30 60Fecal Coliform
(5-1 to 9-30) 200/100 ml as a geometric mean(10-1 to 4-30) 2,000/100 ml as a geometric mean
Total Residual Chlorine1st month—36th month monitor and report37th month—expiration 1.4 3.3
pH not less than 6.0 nor greater than 9.0
The EPA waiver is in effect.
NOTICES 2441
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
PA 0204854. Sewage, Knob Vue Estates, Inc., 40 Metz Hill Road, Freedom, PA 15042.
This application is for renewal of an NPDES permit to discharge treated sewage from Knob Vue Estates SewageTreatment Plant in New Sewickley Township, Beaver County.
The following effluent limitations are proposed for discharge to the receiving waters, known as unnamed tributary ofPine Run, which are classified as a warm water fishery with existing and/or potential uses for aquatic life, water supplyand recreation. The first downstream potable water supply intake from this facility is the ARCO Chemical Company, BVPlant on the Ohio River.
Outfall 001: existing discharge, design flow of .0145 mgd.Concentration (mg/l)
Average Average Maximum InstantaneousParameter Monthly Weekly Daily MaximumCBOD5 25 50Suspended Solids 30 60Ammonia Nitrogen
(5-1 to 10-31) 2.0 4.0(11-1 to 4-30) 6.0 12.0
Fecal Coliform(5-1 to 9-30) 200/100 ml as a geometric mean(10-1 to 4-30) 2,000/100 ml as a geometric mean
Total Residual Chlorine1st month—36th month monitor and report37th month—expiration 0.15 0.35
Dissolved Oxygen not less than 5.0 mg/lpH not less than 6.0 nor greater than 9.0
The EPA waiver is in effect.
PA 0217620. Sewage, Consol Pennsylvania Coal Company, 1800 Washington Road, Pittsburgh, PA 15241.
This application is for issuance of an NPDES permit to discharge treated sewage from the Crabapple Portal SewageTreatment Plant in Richhill Township, Greene County.
The following effluent limitations are proposed for discharge to the receiving waters, known as Crabapple Creek, whichare classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation.The first downstream potable water supply intake from this facility is the City of Sisterville Water Company on the OhioRiver.
Outfall 001: new discharge, design flow of 0.025 mgd.Concentration (mg/l)
Average Average Maximum InstantaneousParameter Monthly Weekly Daily MaximumCBOD5 25 50Suspended Solids 30 60Ammonia Nitrogen
(5-1 to 10-31) 3 6(11-1 to 4-30) 9 18
Fecal Coliform(5-1 to 9-30) 200/100 ml as a geometric mean(10-1 to 4-30) 2,000/100 ml as a geometric mean
Total Residual Chlorine1st month—36th month monitor and report37th month—expiration 0.45 1.05
Dissolved Oxygen not less than 4.0 mg/lpH not less than 6.0 nor greater than 9.0
The EPA waiver is in effect.
Northeast Regional Office: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790,telephone (717) 826-2511.NPDES Facility County and Tributary New PermitNo. Name and Address Municipality Stream RequirementsPA 0060372 Factoryville Borough
P. O. Box 277Factoryville, PA 18419
WyomingClinton Twp.
South BranchTunkhannock Creek
TRC
2442 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
NPDES Facility County and Tributary New PermitNo. Name and Address Municipality Stream RequirementsPA 0062944 Robert Barker/Charles Rice
618 Quaker Plain RoadBangor, PA 18013
NorthamptonMt. Bethel Twp.
Chimney Creek TRC
PA 0063703. Sewerage. Thomas E. Little, R. R. 4, Box 89A, Dalton, PA 18414.
This proposed action is for renewal of an NPDES permit to discharge treated sewage into an unnamed tributary of theSouth Branch of the Tunkhannock Creek, Benton Township, Lackawanna County.
The receiving stream is classified for the following uses: cold water, fishery, aquatic life, water supply and recreation.
Outfall 001
The proposed effluent limits based on a design flow of 0.0004 mgd are:Monthly Instantaneous
Parameter Average (mg/l) Maximum (mg/l)CBOD5 10 20Total Suspended Solids 20 40Fecal Coliform 200/100 ml as a geometric meanpH 6.0—9.0 standard units at all timesTotal Residual Chlorine monitor and report
The EPA waiver is in effect.
PA 0062090. Industrial waste, SIC: 3580, Anemostat Products Division, Dynamics Corporation of America, 888 N.Keyser Avenue, Scranton, PA 18508.
This proposed action is for renewal of an NPDES permit to discharge noncontact cooling water into an unnamedtributary to Keyser Creek in the City of Scranton, Lackawanna County.
The receiving stream is classified for the following uses: cold water fishery, aquatic life, water supply and recreation.
For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposeddownstream potable water supply (PWS) considered during the evaluation is Danville Borough Water Supply on N.Branch of Susquehanna River.
Outfall 001
The proposed effluent limits based on a design flow of .0083 mgd are:Monthly Daily Instantaneous
Parameter Average (mg/l) Maximum (mg/l) Maximum (mg/l)Oil and Grease 15.0 30.0pH 6—9 standard units at all timesTotal Chromium monitor and reportTotal Lead monitor and reportTotal Iron monitor and report
The EPA waiver is in effect.
PA 0062715. Industrial waste, SIC: 5171, Sun Company, Inc., c/o David A. Justin, 1801 Market Street, Philadelphia,PA 19103.
This proposed action is for renewal of an NPDES permit to discharge treated stormwater into an unnamed tributary ofToby Creek in Edwardsville Borough, Luzerne County.
The receiving stream is classified for the following uses: warm water fishery, aquatic life, water supply and recreation.
For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existingdownstream potable water supply (PWS) considered during the evaluation is Danville Borough Water Authority locatedon the North Branch Susquehanna River.
The proposed effluent limits for Outfall 001 are:ParameterTotal Recoverable
Petroleum Hydrocarbonsmonitor only
This permit also contains special conditions pertaining to control of product contaminated stormwater run-off frompetroleum marketing terminals.
The EPA waiver is in effect.
PA 0063614. Sewerage, Borough of Penn Lake Park Council, Box 133, White Haven (Penn Lake), PA 18661.
NOTICES 2443
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
This proposed action is for issuance of an NPDES permit to discharge treated sewage into Wright Creek in Penn LakeBorough, Luzerne County.
The receiving stream is classified for the following uses: high quality cold water fishery, aquatic life, water supply andrecreation.
Effluent requirements were evaluated at the point of discharge.Outfall 001
The proposed effluent limits based on a design flow of .050 mgd are:Monthly Instantaneous
Parameter Average (mg/l) Maximum (mg/l)CBOD5 25 40 50Total Suspended Solids 30 45 60NH3-N
(5-1 to 10-31) 3.0 6.0(11-1 to 4-30) 9.0 18.0
Dissolved Oxygen a minimum of 5 mg/l at all timesFecal Coliform
(5-1 to 9-30) 200/100 ml as a geometric mean(10-1 to 4-30) 2,000/100 ml as a geometric mean
pH 6.0—9.0 standard units at all timesTotal Residual Chlorine 1.2 2.8
The EPA waiver is in effect.
PA 0032131. Sewerage, Commonwealth of Pennsylvania, Bureau of State Parks (Locust Lake State Park) P. O. Box1467, Harrisburg, PA 17120.
This proposed action is for renewal of an NPDES permit to discharge treated sewage into Locust Creek in RyanTownship, Schuylkill County.
The receiving stream is classified for the following uses: cold water fishery, aquatic life, water supply and recreation.
For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposeddownstream potable water supply (PWS) considered during the evaluation is the Borough of Pottstown Water Authorityintake located on the Schuylkill River.
Outfall 001
The proposed effluent limits based on a design flow of .047 mgd are:Monthly Instantaneous
Parameter Average (mg/l) Maximum (mg/l)CBOD5 14 28Total Suspended Solids 30 60Dissolved Oxygen a minimum of 6.0 mg/l at all timesFecal Coliform 200/100 ml as a geometric meanpH 6.0—9.0 standard units at all timesTotal Residual Chlorine
First month through 36th month monitor and report monitor and report37th month through expiration date .7 1.7
The EPA waiver is in effect.
PA 0060623. Sewerage, Silver Lake Township Municipal Authority, P. O. Box 1975, Brackney, PA 18812.
This proposed action is for renewal of an NPDES permit to discharge treated sewage into Little Rhiney Creek in SilverLake Township, Susquehanna County.
The receiving stream is classified for the following uses: cold water, aquatic life, water supply and recreation.
For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposeddownstream potable water supply (PWS) considered during the evaluation is at the PA/NY State border.
Outfall 001
The proposed effluent limits based on a design flow of .042 mgd are:Monthly Weekly Instantaneous
Parameter Average (mg/l) Average (mg/l) Maximum (mg/l)CBOD5 25 40 50Total Suspended Solids 30 45 60NH3-N
(5-1 to 10-31) 2.5 5(11-1 to 4-30) 7.5 15
2444 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Monthly Weekly InstantaneousParameter Average (mg/l) Average (mg/l) Maximum (mg/l)Dissolved Oxygen a minimum of 6 mg/l at all timesFecal Coliform
(5-1 to 9-30) 200/100 ml as a geometric mean(10-1 to 4-30) 2,000/100 ml as a geometric mean
pH 6.0—9.0 standard units at all timesTotal Residual Chlorine 1.2 2.8
The EPA waiver is in effect.
PA 0061379. Industrial waste, SIC: 4941, Nicholson Borough Authority, R. R. 2, Box 11, Nicholson, PA.
This proposed action is for renewal of an NPDES permit to discharge treated filtration backwash water into HortonCreek in Nicholson Borough, Wyoming County.
The receiving stream is classified for the following uses: cold water fishery, aquatic life, water supply and recreation.
For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposeddownstream potable water supply (PWS) considered during the evaluation is Danville Borough Water Company on WestBranch of Susquehanna River.
Outfall 001
The proposed effluent limits based on a design flow of .013 mgd are:Monthly Daily Instantaneous
Parameter Average (mg/l) Maximum (mg/l) Maximum (mg/l)Total Dissolved Solids 30 60Total Iron 2.0 4.0Total Aluminum 4.0 8.0Total Manganese 1.0 2.0pH within limits of 6.0—9.0 standard units at all times
The EPA waiver is in effect.
Southcentral Regional Office: Water Management Program, One Ararat Boulevard, Harrisburg, PA 17110, telephone(717) 657-4590.NPDES Facility County and Tributary New PermitNo. Name and Address Municipality Stream RequirementsPA 0082864 Jesus Ministries, Inc.
R. R. 1, Box 58BShirleysburg, PA17260
HuntingdonCromwell Twp.
Augwick Creek TRC
PA 0020818 Glen Rock Sewer Auth.P. O. Box 116Glen Rock, PA 17327
YorkShrewsbury Twp.
S. BranchCodorus Creek
TRC
PA 0084085 Country View Estates MHPP. O. Box 175Newville, PA 17241
CumberlandU. FrankfordTownship
Bloser Run TRC
PA 0037737 Elizabethville Area Auth.P. O. Box 271Elizabethville, PA17023
DauphinWashingtonTownship
Wiconisco Creek TRC
PA 0111350 Boro of PetersburgP. O. Box 6Petersburg, PA16669-0006
HuntingdonLogan Twp.
Shaver Creek TRC
PA 0081795. SIC: 6515, Sewage, Williams Grove Mobile Homes, 1550 Williams Grove Road, Mechanicsburg, PA17055-5349.
This application is for renewal of an NPDES permit for an existing discharge of treated sewage to Yellow BreechesCreek, in Monroe Township, Cumberland County.
The receiving stream is classified for cold water fishes, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was United Water Company located in Fairview Township, York County.The discharge is not expected to impact any potable water supply.
NOTICES 2445
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
The proposed effluent limits for Outfall 001 for a design flow of .030 mgd are:Average Instantaneous
Parameter Monthly (mg/l) Maximum (mg/l)CBOD5 25 50Total Suspended Solids 30 60Total Phosphorus 2.0 4.0Total Residual Chlorine 0.50 1.63Dissolved Oxygen minimum of 5.0 at all timespH from 6.0—9.0 inclusiveFecal Coliforms
(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
The EPA waiver is in effect.
PA 0086878. SIC: 4941, Industrial waste, Hamburg Municipal Authority, 61 North Third Street, Hamburg, PA19526.
This application is for renewal of an NPDES permit for an existing discharge of treated industrial waste to FurnaceCreek, in Hamburg Borough, Berks County.
The receiving stream is classified for trout stocking recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was the City of Reading located on Maiden Creek. The discharge is notexpected to impact any potable water supply.
The proposed effluent limits for Outfall 001 for a design flow of 0.03 mgd are:Average Maximum Instantaneous
Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)Total Suspended Solids 30 60 75pH (s.u.) from 6.0 to 9.0 at all timesTotal Residual Chlorine 0.8 2.6Total Copper 0.1 0.2 0.25Total Mercury 0.00012 0.00024 0.0003Total Aluminum 4 8 10Total Manganese 1 2 2.5Total Iron 2 4 5
The EPA waiver is in effect.
PA 0009253. SIC: 3795, Industrial waste, United Defense, L. P., P. O. Box 15512, Wolf’s Church Road, York, PA17405-1512.
This application is for renewal of an NPDES permit for existing discharges of treated industrial waste to CodorusCreek and unnamed tributaries, in West Manchester Township, York County.
The receiving stream is classified for warm water fishes, recreation, water supply and aquatic life. For the purpose ofevaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable watersupply intake considered during the evaluation was Wrightsville Water Company located on the west side of theSusquehanna River, just north of Wrightsville Borough, York County. The discharge is not expected to impact any potablewater supply.
The proposed effluent limits for Outfall 101 for a design flow of 0.072 mgd are:Average Maximum Instantaneous
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
The proposed effluent limits for Outfall 102 for a design flow of 0.071 mgd are:Average Maximum Instantaneous
Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)Flow (mgd) monitor and reportpH (s.u.) from 6.0—9.0 inclusiveDissolved Oxygen 5.0Total Suspended Solids 30.0 60.0CBOD5 25.0 50.0Total Phosphorus 2.0 4.0Fecal Coliform
(5-1 to 9-30) 200(10-1 to 4-30) 2,000
The proposed effluent limits for Outfall 002 for a design flow of 0.0288 mgd are:Average Maximum Instantaneous
Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)Flow (mgd) monitor and reportpH (s.u.) from 6.0—9.0 inclusiveTetrachloroethylene 0.0007 0.0014 0.0018
The proposed effluent limits for Outfall 003 for a design flow of 0.144 mgd are:Average Maximum Instantaneous
Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)Flow (mgd) monitor and reportpH (s.u.) from 6.0—9.0 inclusiveTetrachloroethylene 0.0007 0.0014 0.0018Chloroform 0.006 0.0012 0.00151,1-Dichloroethylene 0.00013 0.00026 0.00031,1,1-Trichloroethane 0.2 0.4 0.5Trichloroethylene 0.003 0.006 0.0075
The proposed effluent limits for Outfall 004 for a design flow of 0.0036 mgd are:Composite Grab
Parameter Sample (mg/l) Sample (mg/l)CBOD5 monitor and report monitor and reportChemical Oxygen Demand monitor and report monitor and reportTotal Suspended Solids monitor and report monitor and reportTotal Phosphorus monitor and report monitor and reportTotal Kjeldahl Nitrogen monitor and report monitor and reportDissolved Iron monitor and report monitor and reportOil and Grease monitor and reportpH (s.u.) monitor and reportTotal Aluminum monitor and report monitor and reportTotal Cadmium monitor and report monitor and reportTotal Chromium monitor and report monitor and reportHexavalent Chromium monitor and report monitor and reportTotal Copper monitor and report monitor and reportTotal Lead monitor and report monitor and reportTotal Nickel monitor and report monitor and reportTotal Silver monitor and report monitor and reportTotal Zinc monitor and report monitor and reportTotal Cyanide monitor and report monitor and report
The EPA waiver is not in effect.
DISCHARGE OF CONTROLLED INDUSTRIALWASTE AND SEWERAGE WASTEWATER
Applications under the Pennsylvania CleanStreams Law
(Part II Permits)
Industrial waste and sewerage applications underThe Clean Streams Law (35 P. S. §§ 691.1—691.1001).
WQM Permit No. 2597409. Sewage, Jeffrey Durfee,SRSTP, 3435 West 40th St., Erie, PA 16506. This projectis for the construction of a Single Residence SewageTreatment Plant in Waterford Township, Erie County.
WQM Permit No. 6197402. Sewage, Ray Kotewicz,SRSTP, 2854 Bellavista Dr., Allison Park, PA 15101. Thisproject is for the construction of a Single ResidenceSewage Treatment Plant in Victory Township, VenangoCounty.
Northwest Regional Office: Water Management ProgramManager, 2 Public Square, Wilkes-Barre, PA 18711-0790,telephone (717) 826-2511.
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A. 3997405. Sewerage. Parkland School District,1210 Springhouse Road, Allentown, PA 18104-2119. Appli-cation to construct and operate a Sewage TreatmentPlant with sewers and appurtenances to serve the newParkland High School, located in South Whitehall Town-ship, Lehigh County. Application received in the Re-gional Office April 28, 1997.
Applications received for industrial waste and sew-age applications under The Clean Streams Law(35 P. S. §§ 691.1—691.1001).
Southcentral Regional Office: Water Management Pro-gram Manager, One Ararat Boulevard, Harrisburg, PA17110, telephone (717) 657-4590.
A. 0697201. Industrial waste. Submitted by WesternBerks Water Authority, 91 Water Road, Sinking Spring,PA 19608-9633 in Lower Heidelberg Township, BerksCounty to construct and operate a new process wastewa-ter management facility was received in the SouthcentralRegion on April 10, 1997.
A. 2297402. Sewage. Submitted by Robert andShirley Rissinger, c/o Allen Shaffer & Assoc., P. O. Box335, Millersburg, PA 17061 in Halifax Township, Dau-phin County to construct a single-family residence sew-age treatment plant was received in the SouthcentralRegion on April 17, 1997.
A. 0697405. Sewage. Submitted by Bern TownshipMunicipal Authority, 1609 Old Bernville Road, Read-ing, PA 19605-9632 in Bern Township, Berks County toconstruct an interceptor to serve the West Ridge Berndevelopment was received in the Southcentral Region onApril 17, 1997.
A. 0694405. Sewage. Submitted by William G.Kazmierczak, R. D. 2, Box 351A, Birdsboro, PA 19508 inExeter Township, Berks County to construct communitysewage system was received in the Southcentral Regionon April 24, 1997.
A. 2197404. Sewage. Submitted by East PennsboroTownship, 98 S. Enola Drive, Enola, PA 17025 in EastPennsboro Township, Cumberland County to replacethe Enola Creek Trunk Sewer was received in theSouthcentral Region on April 24, 1997.
A. 6797405. Sewage. Submitted by Dover TownshipSewer Authority, 2480 W. Canal Road, Dover, PA 17315in Dover Township, York County to construct and re-place existing Ashcombe Interceptor Sanitary Sewer Linewas received in the Southcentral Region on April 30,1997.
INDIVIDUAL PERMITS(PAS)
The following parties have applied for an NPDESpermit to discharge stormwater from a proposed construc-tion activity into the surface waters of the Common-wealth. Unless otherwise indicated on the basis of pre-liminary review and application of lawful standards andregulations, the Department of Environmental Protectionproposes to issue a permit to discharge, subject to certainlimitations set forth in the permit and special conditions.These proposed determinations are tentative. Limitationsare provided in the permit as erosion and sedimentationcontrol measures and facilities which restrict the rate andquantity of sediment discharged.
Where indicated, the EPA, Region III, Regional Admin-istrator has waived the right to review or object to thisproposed permit action under the waiver provision 40CFR 123.24(d).
Persons wishing to comment on the proposed permitare invited to submit a statement to the Regional Officeor County Conservation District Office indicated as theresponsible office, within 30 days from the date of thispublic notice. A copy of the written comments should besent to the County Conservation District Office. Com-ments reviewed within this 30-day period will be consid-ered in the formulation of the final determinations re-garding this application. Responses should include thename, address and telephone number of the writer and aconcise statement to inform the Regional Office of theexact basis of a comment and the relevant facts uponwhich it is based. A public hearing may be held if theRegional Office considers the public response significant.
Following the 30-day comment period, the Water Pro-gram Manager will make a final determination regardingthe proposed permit. Notice of this determination will bepublished in the Pennsylvania Bulletin at which time thisdetermination may be appealable to the EnvironmentalHearing Board.
The application and related documents, including theerosion and sedimentation control plan for the construc-tion activity, are on file and may be inspected at theCounty Conservation District Office or the DepartmentRegional Office noted above the application.
Persons with a disability who wish to attend thehearing and require an auxiliary aid, service or otheraccommodation to participate in the proceedings shouldcontact the specified program. TDD users may contact theDepartment through the Pennsylvania AT&T Relay Ser-vice at (800) 654-5984.
Southeast Regional Office: Regional Water ManagementProgram Manager, 555 North Lane, Lee Park,Conshohocken, PA 19428, telephone (610) 832-6131.
Southcentral Regional Office: Regional Water Manage-ment Program Manager, 1 Ararat Boulevard, Harrisburg,PA 17110, telephone (717) 657-4590.
Northcentral Regional Office: Regional Water Manage-ment Program Manager, 208 W. Third Street, Williams-port, PA 17701, telephone (717) 327-3669.
Northeast Regional Office: Regional Water ManagementProgram Manager, 2 Public Square, Wilkes-Barre, PA18701, telephone (717) 826-2553.
Berks County Conservation District, District Manager,Agricultural Center, Leesport, PA 19533, telephone (610)372-4657.
NPDES Permit PAS10C032. Stormwater. EnricoFilippini, Exeter Public Golf Course, R. D. 3, Reading,PA 19606 has applied to discharge stormwater from aconstruction activity located in Exeter Township, BerksCounty, to Antietam Creek.
Lycoming County Conservation District, District Man-ager, Ste. 6, 2130 County Farm Road, Montoursville, PA17754, telephone (717) 433-3003.
NPDES Permit PAS103913. Stormwater. Transcon-tinental Gas Pipeline Corporation, 2800 Post OakBoulevard, P. O. Box 1396, Houston, TX 77251 has ap-plied to discharge stormwater from a construction activitylocated in Loyalsock and Old Lycoming Townships,Lycoming County, to Lycoming and Loyalsock Creeks.
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NPDES Permit PAS10T084. Stormwater. PerkiomenValley School District, 3 Iron Bridge Drive, Col-legeville, PA 19426 has applied to discharge stormwaterfrom a construction activity located in Skippack Town-ship, Montgomery County, to UNT to PerkiomenCreek.
NPDES Permit PAS10T085. Stormwater. Pa. De-partment of Transportation, 200 Radnor-ChesterRoad, Saint Davids, PA 19087 has applied to dischargestormwater from a construction activity located in UpperMerion Township, Montgomery County, to the Schuyl-kill River.
Northampton County Conservation District, DistrictManager, R. R. 4, Greystone Building, Nazareth, PA18064, telephone (610) 746-1971.
NPDES Permit PAS10U070. Stormwater. Muhlen-berg Realty Corporation, 2545 Schoenersville Road,Bethlehem, PA 18017 has applied to dischargestormwater from a construction activity located in Han-over Township, Northampton County, to MonocacyCreek.
Perry County Conservation District, District Manager,31 W. Main Street, New Bloomfield, PA 17068, telephone(717) 582-8988.
NPDES Permit PAS105102. Stormwater. DonaldFailor, 5534 Spring Road, Shermansdale, PA 17090 hasapplied to discharge stormwater from a constructionactivity located in Spring Township, Perry County, toMontour Creek.
Washington County Conservation District, District Man-ager, 100 Beau Street, Washington, PA 15301, telephone(412) 228-6774.
NPDES Permit PAS10W062. Stormwater. Pennsyl-vania Turnpike Commission, P. O. Box 67676, Harris-burg, PA 17106-7676 has applied to discharge stormwaterfrom a construction activity located in Carroll Township,Washington County, to Pigeon Creek.
Public Hearing
The Department of Environmental Protection (DEP)Water Management Program will be holding a fact-finding hearing on the following Stormwater NPDESpermit applications:
PAS10-G258 - Malvern Hills II Partners - MalvernHills II
PAS10-G260 - Liberty Property Trust - Cedar HollowRoad Site
PAS10-G261 - DHR Limited - Valley Forge TrailsPAS10-G264 - Liberty Property Trust - Great Valley
Corporate Center Technology Park - Parcels 38A, 30 and 3
The hearing is scheduled for June 23, 1997 at 7 p.m. atChester County Conservation District Office, GovernmentServices Center, Conference Room 380, 601 WesttownRoad, West Chester, PA 19382-4519, Chester County. Thehearing is being held to solicit pertinent comments onthese applications. The applications are for stormwaterconstruction activities, with a discharge to the ValleyCreek Watershed. A copy of these applications are avail-able for review in the Southeast Regional Office’s RecordManagement Section, telephone (610) 832-6268. Thoseinterested in reviewing these applications should call toschedule a date to review the files. The project sponsorsare:
Malvern Hills II Partners, P. O. Box 3085, WestChester, PA 19381
Liberty Property Trust, 65 Valley Stream Parkway,Great Valley Corporate Center, Malvern, PA 19355
DHR Limited Partnership, 600 Fletcher Road,Wayne, PA 19087
Comments received will be considered by DEP incompleting its review and prior to taking final actionconcerning these applications. The hearing will not be aquestion and answer session.
Anyone intending to make a presentation at the hear-ing should submit written notice to the Regional Man-ager, Water Management Program at the above address.The notice should include the person’s name, address andphone number, whether opposed or in favor of the projectand a brief statement about the presentation. Commentsshould be kept brief and, depending on the number ofspeakers, may be limited to 10 minutes per speaker.Where groups are represented, a spokesperson is re-quested to present the group’s concerns. Anyone wishingto present written material directly to DEP may do sowithin 30 days following the hearing.
Persons with a disability who wish to attend thehearing and require an auxiliary aid, service or otheraccommodations to participate in the proceedings, shouldcontact Sharon Moore, at (610) 832-6073. TDD users maycontact the Department through the Pennsylvania AT&TRelay Service at (800) 654-5984.
Public Hearing
The Department of Environmental Protection (DEP)Water Management Program will be holding a fact-finding hearing on the following Stormwater NPDESpermit application:
PAS10-G259, Tattersall Golf Community, Phase II
The hearing is scheduled for June 30, 1997 at 7 p.m. atWest Bradford Township Building, Meeting Room, 1385Campus Drive, Downingtown, PA 19335, Chester County.The hearing is being held to solicit pertinent commentson this application. The application is for stormwaterconstruction activities, with a discharge to Broad Run. Acopy of this application is available for review in theSoutheast Regional Office’s Record Management Section,telephone (610) 832-6268. Those interested in reviewingthe application should call to schedule a date to reviewthe file. The project sponsor is:
Tattersall Development Group, P. O. Box 217, ChesterSprings, PA 19425
Comments received will be considered by DEP incompleting its review and prior to taking final actionconcerning the application. The hearing will not be aquestion and answer session.
Anyone intending to make a presentation at the hear-ing should submit written notice to the Regional Man-ager, Water Management Program at the above address.The notice should include the person’s name, address andphone number, whether opposed or in favor of the projectand a brief statement about the presentation. Commentsshould be kept brief and, depending on the number ofspeakers, may be limited to 10 minutes per speaker.Where groups are represented, a spokesperson is re-quested to present the group’s concerns. Anyone wishingto present written material directly to DEP may do sowithin 30 days following the hearing.
Persons with a disability who wish to attend thehearing and require an auxiliary aid, service or other
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accommodations to participate in the proceedings, shouldcontact Sharon Moore, at (610) 832-6073. TDD users maycontact the Department through the Pennsylvania AT&TRelay Service at (800) 654-5984.
SAFE DRINKING WATER
Applications received under the Pennsylvania SafeDrinking Water Act (35 P. S. §§ 721.1—721.17)
Northcentral Field Operations, Environmental ProgramManager, 208 West Third Street, Suite 101, Williamsport,PA 17701.
A. 1497501. Lemont Water Company, P. O. Box 26,Lemont, PA 16851, College Township, Centre County.Installation of a liquid polyphosphate feed system tosequester calcium at the Puddingtown Pump Station.
A. 4197501. Limestone Township Municipal WaterAuthority, R. R. 2, Box 823, Jersey Shore, PA 17740,Limestone Township, Lycoming County. Construction ofa pressure sand filtration plant to treat Nigart Run andtwo new wells, construction of a new storage tank, andconstruction of corrosion control treatment facilities.
Northeast Regional Office: Sanitarian Regional Man-ager, 2 Public Square, Wilkes-Barre, PA 18711-0790, tele-phone (717) 826-2511.
4597501. Public water supply. Pocono Plateau, c/oLarry Moyer, 32 Chipperfield Drive, Effort, PA 18330.This proposal involves permitting of an existing system toallow for construction of a well house with disinfectionfacilities for treatment of raw water from one of the twocurrently used wells. It is located in Tunkhannock Town-ship, Monroe County.
Engineer: James P. Palumbo, PE, 37 North WashingtonStreet, Wilkes-Barre, PA 18701.
Southcentral Regional Office: Sanitarian Regional Man-ager, One Ararat Boulevard, Harrisburg, PA 17110, tele-phone (717) 657-4692.
A. 0697501. Public water supply. United MobileHomes, Greenwich Township, Berks County (Samuel L.Landy, President, United Mobile Homes, Inc., 125 WyckoffRoad, Eatontown, NJ 07724), expansion of existing mobilehome park public water system, two wells, elevatedstorage tank, distribution system expansion, (Gregory S.Blash and Associates, Gregory Blash, P. E., 113 SquirrelTree Lane, Mount Laurel, NJ 08054).
A. 0197502. Public water supply. Appler LimitedPartnership, Littlestown Borough, Adams County, (Ed-ward Smariga, President, 178 Thomas Johnson Drive,Suite 202L, Frederick, MD 21702), the Appler well at arate of 125 gallons per minute. Treatment will be limitedto chlorine gas disinfection. The well is to be incorporatedinto the Littlestown Borough Community Water System,(Steven M. Metzler, P. E., R. E. Wright Environmental,Inc., Gateway West, 125 Airport Drive, Suite 36,Westminster, MD 21157).
A. 02297503. Public water supply. Pennsylvania-American Water Company, Derry Township, DauphinCounty, (David V. Modeer, Vice-President-Operations, PAAmerican Water Company-Westford System, 800 WestHershey Park Drive, Hershey, PA 17033), installation ofcorrosion control treatment at Westford Water System toachieve compliance with lead and copper rule. Causticsoda and corrosion inhibitor to be added at well no. 5.Corrosion inhibitor to be added at well no. 2, (Jay R.Lucas, P. E., PA, American Water Company, 800 WestHershey Park Drive, Hershey, PA 17033).
HAZARDOUS SITES CLEAN-UPUnder the Act of October 18, 1988
Prompt Interim Response
National Granulating Company, Inc.(A.K.A. Washington Tire Fire)
City of Washington, Washington County
The Department of Environmental Protection (Depart-ment), under the authority of the Hazardous SitesCleanup Act (35 P. S. §§ 6020.101—6020.1304) (HSCA),initiated an Interim Response at the National Granulat-ing Company, Inc. site. This response was taken undersection 506(b) of HSCA.
The National Granulating Company, Inc. site is locatedat 41 Detroit Street, Washington, Washington County, PA.The site, approximately 11 acres in size, contained fourbuildings, and approximately 1.8 million whole andchipped tires. The site is located in a mixed residentialand light industrial area. The nearest residence is lessthan 200 feet from the site.
A fire, which started on February 27, 1997, consumednearly all of the whole and chipped tires, two buildingsand involved approximately 3 acres of the site. Hazardousmaterials released to the environment, as a result of thefire, adversely impacted onsite and offsite air quality,on-and offsite water quality, including an unnamed tribu-tary to Catfish Run, Catfish Run and Chartiers Creekand both onsite and offsite soils.
The release of hazardous materials posed a healththreat to those individuals exposed to the smoke plumeand those in contact with the contaminated soils andwaters. The release also posed a threat to persons usingsurface waters for recreational and agricultural purposesand resulted in a fish kill in Catfish Run.
The Department began its response to the fire onFebruary 27. Its major objective was to protect humanhealth while providing protection to the environment.
The Department monitored air quality around the siteand within the contaminant plume migrating offsite. Inconjunction with fire fighting activities, the Departmentinstituted measures to protect the receiving waters byusing check dams, booms and oil/water separators.
Between March 2 and March 7, 1997, the Departmentworked to control offsite air contamination by assistingthe fire departments in extinguishing the fire. Throughits interim response contractor the Department processedthe materials by clenching the burning rubber to lowerthe temperatures below its flashpoint, and moving thematerials offsite for disposal. This process reduced airemissions, provided control over the material to insure noauto re-ignition, and made room for fire fighters to fightthe fire. Concurrently, run-off water from the fire wasrecirculated back to the fire or treated prior to discharge.
From March 5 until March 14 processed material wassent for disposal and contaminated surface water run-offwas collected and treated. From March 14 through March20, contaminated soils were removed and disposed of at apermitted disposal facility.
Between April 1 and April 3, 726 drums of Latexmaterial were removed from the site for disposal. Be-tween April 3 and April 28 the remaining 500 drums wereoverpacked and readied for disposal at a permitted site.
The Department and other involved emergency man-agement leaders considered the following options during
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the emergency response: 1) allow the fire to burn itselfout, 2) allow the fire to burn itself out and collect thesurface water run-off, and 3) work to extinguish the fire,collect and treat surface water and dispose of contami-nated soils and materials.
This notice is being provided under section 506(b) ofHSCA. The Administrative Record which contains thebasis and documents the selection of this response actionis available for public review and comment. The Adminis-trative Record is located at the Department’s SouthwestRegional Office, 400 Waterfront Drive, Pittsburgh, PA15222-4745 and is available for review Monday throughFriday from 8 a.m. to 4 p.m. The Administrative Recordwill be open for comment from May 17 until August 18.Persons may submit written comment into the recordduring this time only by sending them to Terry Goodwaldat 400 Waterfront Drive, Pittsburgh, PA 15222-4745 or bydelivering them to this office in person.
In addition, persons may present oral comments forinclusion into the Administrative Record during a publichearing on Wednesday, June 18. The hearing will be heldat 7 p.m. in the City of Washington Council Chambers,City Hall, Washington, PA. Persons wishing to presentcomments must register with Betsy Mallison at (412)442-4182 or in writing to Pennsylvania DEP, 400 Water-front Drive, Pittsburgh, PA 15222-4745.
Persons with a disability who wish to comment andrequire an auxiliary aide, service or other accommoda-tions to do so, should contact Betsy Mallison or thePennsylvania AT&T Relay Service at (800) 654-5984(TDD) to discuss how the Department may accommodatetheir needs.
LAND RECYCLING AND ENVIRONMENTALREMEDIATION
Under Act 2, 1995
Preamble 1
Acknowledgment of Notices of Intent to Remediatesubmitted to the Department of Environmental Protectionunder the Land Recycling and Environmental Remedia-tion Standards Act (35 P. S. §§ 6026.101—6026.908).
Sections 302 and 303 of the Land Recycling andEnvironmental Remediation Standards Act (act) requirethe Department of Environmental Protection to publish inthe Pennsylvania Bulletin an acknowledgment notingreceipt of any Notices of Intent to Remediate. An ac-knowledgment of the receipt of a Notice of Intent toRemediate identifies a site where a person proposes to, orhas been required to, respond to a release of a regulatedsubstance at a site. Persons intending to use the back-ground or Statewide health standard to remediate a sitemust file a Notice of Intent to Remediate with theDepartment. A Notice of Intent to Remediate filed withthe Department must provide a brief description of thelocation of the site, a list of known contaminants at thesite, the proposed remediation measures for the site, anda description of the intended future use of the site. Aperson who demonstrates attainment of one or a combina-tion of the cleanup standards identified under the act willbe relieved of further liability for the remediation of thesite for any contamination identified in reports submittedto and approved by the Department and shall not besubject to citizen suits or other contribution actionsbrought by responsible persons not participating in theremediation.
For further information concerning the content of aNotice of Intent to Remediate, contact the Department of
Environmental Protection Regional Office under whichthe notice appears. If information concerning this ac-knowledgment is required in an alternative form, contactthe community relations coordinator at the appropriateRegional Office listed. TDD users may telephone theDepartment through the AT&T Relay Service at (800)654-5984.
The Department of Environmental Protection has re-ceived the following Notices of Intent to Remediate:
Northeast Regional Field Office: Joseph Brogna, Re-gional Environmental Cleanup Program Manager, 2 Pub-lic Square, Wilkes-Barre, PA 18711-0790, telephone (717)826-2511.
Brensinger Residence, Moore Township, North-ampton County. All Phase Environmental Services, Inc.,131 Technology Drive, Bethlehem, PA has submitted aNotice of Intent to Remediate (on behalf of its client, JohnBrensinger, 469 Monacacy, Bath, PA) concerning theremediation of site soils which became contaminated withBTEX (benzene, toluene, ethylbenzene and xylene) com-pounds and polyaromatic hydrocarbons. The report isintended to document remediation of the site to meet theStatewide health standard. A Final Report was simulta-neously submitted. See additional Pennsylvania Bulletinnotice.
Northwest Regional Office: John Fruehstorfer, Environ-mental Cleanup Program Manager, 230 Chestnut Street,Meadville, PA 16335, telephone (814) 332-6648.
Fostermation, Inc., 200 Valley View Drive, Meadville,PA, Crawford County, has submitted a Notice of Intentto Remediate soil. The site has been found to be contami-nated with PHC’s. The applicant proposes to remediatethe site to meet the Statewide Health Standard. Asummary of the Notice of Intent to Remediate will bepublished in the Meadville Tribune on May 8, 1997.
SOLID AND HAZARDOUS WASTE
BENEFICIAL USE DETERMINATIONSApplications received under the Solid Waste Man-
agement Act (35 P. S. §§ 6018.101—6018.1003); theMunicipal Waste Planning, Recycling and WasteReduction Act (53 P. S. §§ 4000.101—4000.1904);and municipal waste regulations for a generalpermit to operate municipal waste processingfacilities and the beneficial use of municipalwaste.
Central Office: Division of Municipal and ResidualWaste, 14th Floor, Rachel Carson State Office Building,400 Market St., Harrisburg, PA 17101-2301.
General Permit A. WMGM001. Allegheny EnergyResources, Inc., 20 Stanwix Street, Suite 600, Pitts-burgh, PA 15222. An application for processing andbeneficial use of municipal waste landfill gas (LFG). Thefacility will produce for beneficial use, as an alternativeenergy source, a medium to high BTU rated pipelinequality gas generated by the decomposition of municipalwaste.
General Permit A. WMGM002. Allegheny EnergyResources, Inc., 20 Stanwix Street, Suite 600, Pitts-burgh, PA 15222. An application for processing andbeneficial use of municipal waste landfill gas (LFG). Thefacility will produce for beneficial use, as an alternativeenergy source, a medium BTU rated pipeline quality gasgenerated by the decomposition of municipal waste.
Comments on the general permit application may besubmitted to Ronald C. Hassinger, Chief, General Permits
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and Beneficial Use Section, Division of Municipal andResidual Waste, P. O. Box 8472, Harrisburg, PA 17105-8472. Persons interested in examining the applicationmay make arrangements by calling the Division of Mu-nicipal and Residual Waste at (717) 787-7381. TDD usersmay contact the Department through the PennsylvaniaRelay Service, (800) 654-5984. Arrangements can also bemade for persons with disabilities who wish to inspect theapplication. Public comments must be submitted to theDepartment within 60 days of the date of this notice andmay recommend revisions to, and approval or denial ofthe application.
Applications received under the Solid Waste Man-agement Act (35 P. S. §§ 6018.101—6018.1003) andregulations to operate a hazardous waste treat-ment, storage or disposal facility.
A. I. D. No. PAD000736942. Calgon Carbon Corpo-ration, P. O. Box 717, Pittsburgh, PA 15230. CalgonCarbon Corporation, 200 Neville Road, Pittsburgh, PA15225. A RCRA Part B major permit modification for theincorporation of a Thermal Treatment Operation, inNeville Township, Allegheny County, was received inthe Regional Office on April 23, 1997.
OPERATE WASTE PROCESSING OR DISPOSALAREA OR SITE
Applications submitted under the Solid Waste Man-agement Act (35 P. S. §§ 6018.101—6018.1003) andregulations to operate a solid waste processing ordisposal area or site.
A. I. D. No. 301302. Duquesne Light Co., 411 Sev-enth Avenue, Pittsburgh, PA 15230-1930. Cheswick PowerStation Emergency Ash Pond, Porter Street, Springdale,PA 15114. Application for a closure plan for a residualwaste disposal impoundment in Springdale Township,Allegheny County. Received in the Regional Office onOctober 15, 1996.
Southcentral Regional Office: Regional Solid WasteManager, One Ararat Boulevard, Harrisburg, PA 17110.
A. 301309. Brunner Island Steam Electric Station,Pennsylvania Power & Light Company (Two NorthNinth Street, Allentown, PA 18101). Application for Brun-ner Island Steam Electric Station Mill rejects disposalarea for a site in East Manchester Township, YorkCounty. Application determined to be administrativelycomplete in the Regional Office April 23, 1997.
A. 300877. Reading City Landfill, Reading Area Wa-ter Authority, Reading City Hall, 815 Washington Street,Reading, PA 19601. Application for repermitting of awater filtration plant sludge landfill site in Maiden CreekTownship, Berks County. Application determined to beadministratively complete in the Regional Office April 23,1997.
AIR POLLUTIONOPERATING PERMITS
Construct, modify or activate air contaminantsources
25 Pa. Code § 129.1
Operating Permits transferred under the Air Pollu-tion Control Act (35 P. S. §§ 4001—4015) and regu-lations to construct, modify, reactivate and oper-ate air contamination sources or air cleaningdevices.
Regional Office: Northcentral Regional Office, Bureau ofAir Quality, 208 West Third Street, Suite 101, Williams-port, PA 17701-6448.
OP-41-0001A. The Department intends to issue anoperating permit to Stroehmann Bakeries, L. C. (3373Lycoming Creek Road, Williamsport, PA 17701) for theoperation of bread dough processing and related opera-tions previously owned and operated by StroehmannBakeries, Inc. in Old Lycoming Township, LycomingCounty.
Applications received for operating permits issuedunder the Air Pollution Control Act (35 P. S.§§ 4001—4015).
Regional Office: Southcentral Regional Office, Air Qual-ity Program, One Ararat Boulevard, Harrisburg, PA17110.
06-323-017. The Department intends to issue an AirQuality Operating Permit to Lindberg Heat TreatingCompany (17 Dennis Drive, Reading, PA 19606) for ametal heating treating operation in Exeter Township,Berks County.
21-2026. The Department intends to issue an Air Qual-ity Operating Permit incorporating a 50-ton VOC emis-sions limit to Carlisle Syntec, Inc. (P. O. Box 7000,Carlisle, PA 17013) for its rubber roofing manufacturingfacility in Carlisle, Cumberland County.
34-303-002A. The Department intends to issue an AirQuality Operating Permit to Jay Fulkroad & Sons, Inc.(R. D. 2, Box 125, McAllisterville, PA 17049) for a batchasphalt plant in Fayette Township, Juniata County.
34-310-001D. The Department intends to issue an AirQuality Operating Permit to Jay Fulkroad & Sons, Inc.(R. D. 2, Box 125, McAllisterville, PA 17049) for a lime-stone crushing plant in Fayette Township, JuniataCounty. The source is subject to 40 CFR 60, SubpartOOO, Standards of Performance for New StationarySources.
06-318-042D. The Department intends to issue an AirQuality Operating Permit to Reynolds Metals Com-pany (County Line Road, R. D. 1, Boyertown, PA 19512)for eight flexographic presses and three laminators con-trolled by two oxidizers in Colebrookdale Township,Berks County.
06-323-019. The Department intends to issue an AirQuality Operating Permit to Troutman Industries, Inc.(2201 Reading Avenue, West Lawn, PA 19609) for a hardchrome plating operation controlled by a mist eliminatorin Spring Township, Berks County. The source is subjectto 40 CFR 63, Subpart N, National Emission Standardsfor Hazardous Air Pollutants.
31-323-003. The Department intends to issue an AirQuality Operating Permit to Berg Electronics Group,
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Inc. (Emig and Busser Roads, Emigsville, PA 17318) fortheir no. 2 R & C electroplating line controlled by a fumescrubber in Shirley Township, Huntingdon County.
67-2021. The Department intends to issue a SyntheticMinor RACT Air Quality Operating Permit to EisenhartWallcoverings Company (P. O. Box 464, 400 PineStreet, Hanover, PA 17331-0464) for a wallcovering opera-tion in Hanover Borough, York County.
Applications received for Minor Source OperatingPermits issued under the Air Pollution ControlAct (35 P. S. §§ 4001—4015).
Regional Office: Southwest Regional Office, Bureau ofAir Quality, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
OP-04-00265. The Department received an Air QualityOperating Permit application from Roberts Oil Com-pany, Inc. (P. O. Box 70, Beaver, PA 15009) for a gasolinestorage facility located in Bridgewater Borough, BeaverCounty.
OP-65-00549. The Department received an Air QualityOperating Permit application from Comptec, Inc. (P. O.Box 250, Irwin, PA 15642) for Glass Insulating Compo-nents at its facility located in North Huntingdon Town-ship, Westmoreland County.
OP-65-00885. The Department received an Air QualityOperating Permit application from Powerex, Inc. (200Hillis Street, Youngwood, PA 15697) for a SemiconductorManufacturing operation at its Youngwood Plant locatedin Hempfield Township, Westmoreland County.
OP-63-00886. The Department received an Air QualityOperating Permit application from Clad Metals, Inc.(R. R. 2, Canonsburg, PA 15317) for a metal productionoperation at its facility located in Canonsburg Borough,Washington County.
OP-30-00106. The Department received an Air QualityOperating Permit application from Carnegie NaturalGas Company (P. O. Box 267, Waynesburg, PA 15370)for an Extraction Plant at its Waynesburg Station locatedin Franklin Township, Greene County.
OP-04-00478. The Department received an Air QualityOperating Permit application from Emess Lighting, Inc.(1 Early Street, Elwood City, PA 16117) for a LightingFixture Manufacturing process at its Cycle II Facilitylocated in Franklin Township, Beaver County.
OP-65-00219. The Department received an Air QualityOperating Permit application from Jeannette CitySchool District (P. O. Box 418, Park Street, Jeannette,PA 15644) for a CNG Tri-fuel Boiler at its high schoollocated in Jeannette, Westmoreland County.
OP-56-00102. The Department received an Air QualityOperating Permit application from Penn Carbose, Inc.(100 Burgess Street, Somerset, PA 15501) for their facilitylocated in Somerset Borough, Somerset County.
Applications received for operating permits issuedunder the Air Pollution Control Act (35 P. S.§§ 4001—4015) and regulations to construct,modify or reactivate air contaminant sources.
Regional Office: Southeast Regional Office, Bureau ofAir Quality, Lee Park, Suite 6010, 555 North Lane,Conshohocken, PA 19428.
There is a 30-day comment period from this date ofpublication.
The Department intends to issue an air quality operat-ing permit for the air contaminant sources and associatedair cleaning devices described below for the specifiedcompanies.
Permit: 46-399-112Source: No-Bake Pump Mold and CastingCompany: Hale Products, Inc.Location: ConshohockenCounty: Montgomery
Notice of Intent to Issue Title V Operating Permit
Title V Operating Permit No. 39-00014Under 25 Pa. Code § 127.521, the Department of
Environmental Protection (DEP) intends to issue a TitleV Operating Permit to DPW/Commonwealth of Pennsyl-vania Allentown State Hospital. The facility contains fourcombustion boilers located in Allentown, Lehigh County.The Allentown State hospital contact regarding this appli-cation is Gerald Christein, FMM2 at 1600 Hanover Ave.,Allentown, PA 18103.
Allentown State Hospital consists of four combustionboilers. As a result of the levels of Nitrogen Oxideemissions from the combustion boilers, the facility isconsidered a major stationary source subject to Title VOperating Permit requirements adopted in 25 Pa. Code127, Subchapter G. The proposed Title V OperatingPermit will incorporate all applicable air quality require-ments for each significant source at the facility and doesnot reflect any change in air emissions from the facility.
Copies of the application, DEP’s analysis and otherdocuments used in evaluation of the application areavailable for public inspection during normal businesshours at the Department of Environmental Protection, 2Public Square, Wilkes-Barre, PA 18711-0790.
Any person wishing to provide the Department ofEnvironmental Protection with additional informationwhich they believe should be considered prior to theissuance of this permit may submit the information to theDepartment of Environmental Protection at the addressshown above. A 30-day comment period, from the date ofthis publication, will exist for the submission of com-ments. Each written comment must contain the following:
• Name, address and telephone number of the personsubmitting the comment.
• Identification of the proposed permit (specify permit #39-00014)
• Concise statements regarding the relevancy of theinformation or objections to issuance of the permit.
A public hearing may be held, if the Department ofEnvironmental Protection, in its discretion, decides thatsuch a hearing is warranted based on the informationreceived. Persons submitting comment or requesting ahearing will be notified of the decision to hold a hearingby Publication in the newspaper or the PennsylvaniaBulletin, or by telephone, where the Department ofEnvironmental Protection determines such notification bytelephone is sufficient. Written comments or requests fora public hearing should be directed to Michael Safko,Chief, Title V Section, Department of EnvironmentalProtection, Northeast Regional Office, 2 Public Square,Wilkes-Barre, PA 18711-0790, telephone (717) 826-2511.
Title V Operating Permit #62-00012
Under 25 Pa. Code § 127.521, the Department ofEnvironmental Protection (Department) intends to issue aTitle V Operating Permit to Pennsylvania Electric Com-
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pany (Penelec) for its Warren Generating Station.Penelec’s facility is located in Conewango Township,Warren County. Penelec’s representative to contact con-cerning this application is Timothy E. McKenzie, Environ-mental Air Manager, Pennsylvania Electric Company,1001 Broad Street, Johnstown, PA 15907, telephone (814)533-8670.
Penelec’s Warren Generating Station is primarily usedfor the generation of electricity. The facility’s air emissionsources include four utility boilers, a combustion turbineand various fugitive dust emission locations. The facilityis a major stationary source as defined in Title I, Part Dof the Clean Air Act Amendments due to the facility’spotential to emit of sulfur oxides, nitrogen oxides, andparticulate matter less than 10 microns in diameter. Thefacility is therefore subject to the Title V OperatingPermit requirements adopted in 25 Pa. Code Chapter 127,Subchapter G. This Title V Operating Permit will alsoinclude applicable requirements concerning the Phase IIAcid Rain Program under Title IV of the Clean Air Act.
Copies of the application, the Department’s analysisand other documents used in the evaluation of theapplication are available for public inspection duringnormal business hours at the Department of Environmen-tal Protection, 230 Chestnut Street, Meadville, PA 16335.
Any person wishing to provide the Department ofEnvironmental Protection with additional informationwhich they believe should be considered prior to theissuance of this permit may submit the information to theDepartment at the address shown above. A 30-day com-ment period, from the date of this publication, will existfor the submission of comments. Each written commentmust contain the following information:
• Name, address and telephone number of the personsubmitting the comments.
• Identification of the proposed permit (specify Permit# TV-62-00012).
• Concise statements regarding the relevancy of theinformation in the proposed permit or objections toissuance of the permit.
A public hearing may be held, if the Department, in itsdiscretion, decides that such a hearing is warrantedbased on the information received. Persons submittingcomments or requesting a hearing will be notified of thedecision to hold a hearing by publication in the newspa-per or by the Pennsylvania Bulletin, or by telephone,where the Department determines such notification bytelephone is sufficient. Written comments or requests fora public hearing should be directed to Larry W. Wonders,Regional Air Quality Program Manager, Department ofEnvironmental Protection, Northwest Region, 230 Chest-nut Street, Meadville, PA 16335. For additional informa-tion concerning the permit or the issuance procedure,contact Eric A. Gustafson, Facilities Section Chief, AirQuality Program, at the same address or phone at (814)332-6940.
Title V Operating PermitPermit No. TV-31-05003
The Department of Environmental Protection intendsto issue a Title V Operating Permit to the Texas EasternTransmission Corporation for the Entriken Compressorstation located in Todd Township, Huntingdon County.The Title V Operating Permit is required under 25 Pa.Code Chapter 127, Subchapter G for major stationarysources.
An appointment to review the application and otherpertinent documents at the Southcentral Regional Officemay be scheduled by contacting Mary DiSanto at (717)540-5018 between 8 a.m. and 3:30 p.m., Monday throughFriday, except holidays.
Those wishing to comment on the proposed action maycontact Kanubhai Patel, Chief, Title V Facilities Section,One Ararat Boulevard, Harrisburg, PA 17110.
Comments may be submitted during the 30-day periodimmediately following the publication of this notice. Eachcomment must include the name, address and telephonenumber of the person submitting the comments alongwith the reference number of the permit (TV-31-05003).
The Department reserves the right to hold a publichearing on the proposed action based upon the informa-tion received during the comment period. The Depart-ment will give notice of any scheduled public hearing atleast 30 days in advance of the hearing as per 25 Pa.Code § 127.521.
Title V Operating PermitPermit No. TV-22-05010
The Department of Environmental Protection intendsto issue a Title V Operating Permit to the Texas EasternTransmission Corporation for the Grantville CompressorStation located in East Hanover Township, DauphinCounty. The Title V Operating Permit is required under25 Pa. Code Chapter 127, Subchapter G for majorstationary sources.
An appointment to review the application and otherpertinent documents at the Southcentral Regional Officemay be scheduled by contacting Mary DiSanto at (717)540-5018 between 8 a.m. and 3:30 p.m., Monday throughFriday, except holidays.
Those wishing to comment on the proposed action maycontact Kanubhai Patel, Chief, Title V Facilities Section,One Ararat Boulevard, Harrisburg, PA 17110.
Comments may be submitted during the 30-day periodimmediately following the publication of this notice. Eachcomment must include the name, address and telephonenumber of the person submitting the comments alongwith the reference number of the permit (TV-22-05010).
The Department reserves the right to hold a publichearing on the proposed action based upon the informa-tion received during the comment period. The Depart-ment will give notice of any scheduled public hearing atleast 30 days in advance of the hearing as per 25 Pa.Code § 127.521.
Title V Operating Permit #40-00020
Under 25 Pa. Code § 127.521 Department of Environ-mental Protection (DEP) intends to issue a Title VOperating Permit to the Department of Public Welfare,White Haven Center at White Haven located in WhiteHaven Borough, Luzerne County. The Department ofPublic Welfare, White Haven Center representative tocontact regarding this application is Peter J.Yestrumskas, Assistant Superintendent (Administration),White Haven Center, White Haven, PA 18661-9602.
Copies of the application, DEP’s analysis and otherdocuments used in evaluation of the application areavailable for public review during normal business hoursat the Department of Environmental Protection, 2 PublicSquare, Wilkes-Barre, PA 18711.
Persons wishing to provide the Department of Environ-mental Protection with additional information which they
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believe should be considered prior to the issuance of thispermit may submit the information to the Department ofEnvironmental Protection at the address shown above. A30-day comment period, from the date of this publication,will exist for the submission of comments. Each writtencomment must contain the following:
• Name, address and telephone number of the personsubmitting the comment.
• Identification of the proposed permit (specify permit #40-00020)
• Concise statements regarding the relevancy of theinformation or objections to issuance of the permit.
A public hearing may be held, if the Department ofEnvironmental Protection, in its discretion, decides thatsuch a hearing is warranted based on the informationreceived. Persons submitting comments or requesting ahearing will be notified of the decision to hold a hearingby publication in this newspaper or by the PennsylvaniaBulletin, or by telephone, where the Department ofEnvironmental Protection determines such notification bytelephone is sufficient. Written comments or requests fora public hearing should be directed to Thomas DiLazaro,Regional Air Quality Program Manager, Department ofEnvironmental Protection, Northeast Region, Field Op-erations, 2 Public Square, Wilkes-Barre, PA 18711-0790,(717) 826-2511 or Chinu Patel, Air Pollution ControlEngineer, at the same address.
Title V Operating Permit No. 40-0025
Under 25 Pa. Code § 127.521, the Department ofEnvironmental Protection (DEP) intends to issue a TitleV Operating Permit to Sun Company, Inc. (Refining andMarketing) for the Kingston Bulk Gasoline Terminal,located in Edwardsville Borough, Luzerne County. TheSun Company, Inc. contact regarding this application isJeffrey McGill, Environmental Engineer, Ten Penn Cen-ter, 1801 Market Street, Philadelphia, PA 19103-1699.
The Kingston Terminal contains several PetroleumStorage Tanks and two tanker truck loading racks. As aresult of the level of volatile organic compounds emittedfrom the storage tanks and loading racks, the KingstonTerminal is considered a major stationary source subjectto the Title V Operating Permit requirements adopted in25 Pa. Code 127, Subchapter G. The proposed Title VOperating Permit will incorporate all applicable air qual-ity requirements for each significant source at the facility,and does not reflect any change in air emissions from thefacility.
Copies of the application, DEP’s analysis and otherdocuments used in evaluation of the application areavailable for public review during normal business hoursat the Department of Environmental Protection, 2 PublicSquare, Wilkes-Barre, PA 18711-0790.
Persons wishing to provide the Department of Environ-mental Protection with additional information which theybelieve should be considered prior to the issuance of thispermit may submit the information to the Department ofEnvironmental Protection at the address shown above. A30-day comment period, from the date of this publication,will exist for the submission of comments. Each writtencomment must contain the following:
• Name, address and telephone number of the personsubmitting the comments.
• Identification of the proposed permit (specify permit #40-0025).
• Concise statements regarding the relevancy of theinformation or objections to issuance of the permit.
A public hearing may be held, if the Department ofEnvironmental Protection, in its discretion, decides thatsuch a hearing is warranted based on the informationreceived. Persons submitting comments or requesting ahearing will be notified of the decision to hold a hearingby publication in this newspaper or the PennsylvaniaBulletin, or by telephone, where the Department ofEnvironmental Protection determines such notification bytelephone is sufficient. Written comments or requests fora public hearing should be directed to Michael Safko,Chief, Title V Section, Department of EnvironmentalProtection, Northeast Regional Office, 2 Public Square,Wilkes-Barre, PA 18711-0790, (717) 826-2511. For addi-tional information contact James Garner, Air PollutionControl Engineer II, Air Quality Program at the sameaddress and phone number.
Title V Operating Permit No. 40-0005Under 25 Pa. Code § 127.521, the Department of
Environmental Protection (DEP) intends to issue a TitleV Operating Permit to UGI Utilities Inc., Electric Divi-sion for the Hunlock Power Station, located in HunlockTownship, Luzerne County. The UGI Utilities Inc. contactregarding this application is David Stettler, Manager,Power Production, U. S. Route 11, Hunlock Creek, PA18621.
The Hunlock Power Station contains three boilers. As aresult of the levels of sulfur oxides and nitrogen oxidesemitted from the boilers, the Hunlock Power Station isconsidered a major stationary source subject to the TitleV Operating Permit requirements adopted in 25 Pa. Code127, Subchapter G. The proposed Title V OperatingPermit will incorporate all applicable air quality require-ments for each significant source at the facility, and doesnot reflect any change in air emissions from the facility.
Copies of the application, DEP’s analysis and otherdocuments used in the evaluation of the application areavailable for public review during normal business hoursat the Department of Environmental Protection, 2 PublicSquare, Wilkes-Barre, PA 18711-0790.
Persons wishing to provide the Department of Environ-mental Protection with additional information which theybelieve should be considered prior to the issuance of thispermit may submit the information to the Department ofEnvironmental Protection at the address shown above. A30-day comment period, from the date of this publication,will exist for the submission of comments. Each writtencomment must contain the following:
• Name, address and telephone number of the personsubmitting the comments.
• Identification of the proposed permit (specify permit #40-0005).
• Concise statements regarding the relevancy of theinformation or objections to issuance of the permit.
A public hearing may be held, if the Department ofEnvironmental Protection, in its discretion, decides thatsuch a hearing is warranted based on the informationreceived. Persons submitting comments or requesting ahearing will be notified of the decision to hold a hearingby publication in this newspaper or the PennsylvaniaBulletin, or by telephone, where the Department ofEnvironmental Protection determines such notification bytelephone is sufficient. Written comments or requests fora public hearing should be directed to Michael Safko,Chief, Title V Section, Department of Environmental
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Protection, Northeast Regional Office, 2 Public Square,Wilkes-Barre, PA 18711-0790, (717) 826-2511. For addi-tional information contact James Garner, Air PollutionControl Engineer II, Air Quality Program at the sameaddress and phone number.
Title V Operating Permit No. 64-0001
Under 25 Pa. Code § 127.521, the Department ofEnvironmental Protection (DEP) intends to issue a TitleV Operating Permit to the Pennsylvania Department ofCorrections for the Waymart State Correctional Institute,located in Canaan Township, Wayne County. The Pennsyl-vania Department of Corrections contact regarding thisapplication is Robert Calik, Chief Engineer, P. O. Box 598,Camp Hill, PA 17001-0598.
The Waymart State Correctional Institute containsthree boilers. As a result of the levels of sulfur oxides andparticulate matter emitted from the boilers, the WaymartState Correctional Institute is considered a major station-ary source subject to the Title V Operating Permitrequirements adopted in 25 Pa. Code 127, Subchapter G.The proposed Title V Operating Permit will incorporateall applicable air quality requirements for each significantsource at the facility, and does not reflect any change inair emissions from the facility.
Copies of the application, DEP’s analysis and otherdocuments used in evaluation of the application areavailable for public inspection during normal businesshours at the Department of Environmental Protection, 2Public Square, Wilkes-Barre, PA 18711-0790.
Persons wishing to provide the Department of Environ-mental Protection with additional information which theybelieve should be considered prior to the issuance of thispermit may submit the information to the Department ofEnvironmental Protection at the address shown above. A30-day comment period, from the date of this publication,will exist for the submission of comments. Each writtencomment must contain the following:
• Name, address and telephone number of the personsubmitting the comments.
• Identification of the proposed permit (specify permit #64-0001).
• Concise statements regarding the relevancy of theinformation or objections to issuance of the permit.
A public hearing may be held, if the Department ofEnvironmental Protection, in its discretion, decides thatsuch a hearing is warranted based on the informationreceived. Persons submitting comments or requesting ahearing will be notified of the decision to hold a hearingby publication in this newspaper or the PennsylvaniaBulletin, or by telephone, where the Department ofEnvironmental Protection determines such notification bytelephone is sufficient. Written comments or requests fora public hearing should be directed to Michael Safko,Chief, Title V Section, Department of EnvironmentalProtection, Northeast Regional Office, 2 Public Square,Wilkes-Barre, PA 18711-0790, (717) 826-2511. For addi-tional information contact James Garner, Air PollutionControl Engineer II, Air Quality Program at the sameaddress and phone number.
Title V Operating Permit No. 39-00022
Under 25 Pa. Code § 127.521, the Department ofEnvironmental Protection (DEP) intends to issue a TitleV Operating Permit to Sun Company, Inc. for the Fuller-ton site, located in Whitehall Township, Lehigh County.The Sun Company contact regarding this application is
Jeffrey McGill, Environmental Engineer, 1801 MarketStreet, Philadelphia, PA 19103-1699.
The Fullerton site contains storage tanks and loadingracks. As a result of the levels of Volatile OrganicCompounds (VOC’s) from the storage tanks and loadingracks, the Fullerton Site is considered a major stationarysource subject to the Title V Operating Permit require-ments adopted in 25 Pa. Code Chapter 127, SubchapterG. The proposed Title V Operating Permit will incorpo-rate all applicable air quality requirements for eachsignificant source at the facility and does not reflect anychange in air emissions from the facility.
Copies of the application, DEP’s analysis and otherdocuments used in evaluation of the application areavailable for public inspection during normal businesshours at the Department of Environmental Protection, 2Public Square, Wilkes-Barre, PA 18711-0790.
Persons wishing to provide the Department of Environ-mental Protection with additional information which theybelieve should be considered prior to the issuance of thispermit may submit the information to the Department ofEnvironmental Protection at the address shown above. A30-day comment period, from the date of this publication,will exist for the submission of comments. Each writtencomment must contain the following:
• Name, address and telephone number of the personsubmitting the comments.
• Identification of the proposed permit (specify permit #39-00022)
• Concise statements regarding the relevancy of theinformation or objections to issuance of the permit.
A public hearing may be held, if the Department ofEnvironmental Protection, in its discretion, decides thatsuch a hearing is warranted based on the informationreceived. Persons submitting comments or requesting ahearing will be notified of the decision to hold a hearingby publication in the newspaper or the PennsylvaniaBulletin, or by telephone, where the Department ofEnvironmental Protection determines such notification bytelephone is sufficient. Written comments or requests fora public hearing should be directed to Michael Safko,Chief, Title V Section, Department of EnvironmentalProtection, Northeast Regional Office, 2 Public Square,Wilkes-Barre, PA 18711-0790, (717) 826-2511. For addi-tional information contact Mark Wejkszner, Air PollutionControl Engineer III, Air Quality Program at the sameaddress and phone number.
Title V Operating Permit No. 40-00011
Under 25 Pa. Code § 127.521, the Department ofEnvironmental Protection (DEP) intends to issue a TitleV Operating Permit to the Pennsylvania Department ofCorrections for the Dallas site, located in Jackson Town-ship, Luzerne County. The Pennsylvania Department ofCorrections contact regarding this application is RobertCalik, Chief Engineer, P. O. Box 598, Camp Hill, PA17001-0598.
The Dallas facility contains three Keeler boilers. As aresult of the levels of Nitrogen Oxides (NOx) from theboilers, the Dallas facility is considered a major station-ary source subject to the Title V Operating Permitrequirements adopted in 25 Pa. Code Chapter 127,Subchapter G. The proposed Title V Operating Permitwill incorporate all applicable air quality requirements foreach significant source at the facility and does not reflectany change in air emissions from the facility.
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Copies of the application, DEP’s analysis and otherdocuments used in evaluation of the application areavailable for public inspection during normal businesshours at the Department of Environmental Protection, 2Public Square, Wilkes-Barre, PA 18711-0790.
Persons wishing to provide the Department of Environ-mental Protection with additional information which theybelieve should be considered prior to the issuance of thispermit may submit the information to the Department ofEnvironmental Protection at the address shown above. A30-day comment period, from the date of this publication,will exist for the submission of comments. Each writtencomment must contain the following:
• Name, address and telephone number of the personsubmitting the comments.
• Identification of the proposed permit (specify permit #40-00011)
• Concise statements regarding the relevancy of theinformation or objections to issuance of the permit.
A public hearing may be held, if the Department ofEnvironmental Protection, in its discretion, decides thatsuch a hearing is warranted based on the informationreceived. Persons submitting comments or requesting ahearing will be notified of the decision to hold a hearingby publication in this newspaper or the PennsylvaniaBulletin, or by telephone, where the Department ofEnvironmental Protection determines such notification bytelephone is sufficient. Written comments or requests fora public hearing should be directed to Michael Safko,Chief, Title V Section, Department of EnvironmentalProtection, Northeast Regional Office, 2 Public Square,Wilkes-Barre, PA 18711-0790, (717) 826-2511. For addi-tional information contact Mark Wejkszner, Air PollutionControl Engineer III, Air Quality Program at the sameaddress and phone number.
PLAN APPROVALS
Applications received under the Air Pollution Con-trol Act (35 P. S. §§ 4001—4015) and regulations toconstruct, modify or reactivate air contaminantsources.
Regional Office: Northcentral Regional Office, Bureau ofAir Quality, 208 West Third Street, Suite 101, Williams-port, PA 17701-6448.
60-303-001B. Installation of an air cleaning device (areplacement fabric collector) on a batch asphalt concreteplant by Eastern Industries, Inc. (P. O. Box 177,Winfield, PA 17889) in Union Township, Union County.This plant is subject to Subpart I of the Federal Stan-dards of Performance for New Stationary Sources, 40CFR 60.90—60.93.
53-301-001. Installation of an air cleaning device (asecondary combustion chamber) on an incinerator byCharles Cole Memorial Hospital (R. R. 1, Box 205,Coudersport, PA 16915-9762) in Eulalia Township, PotterCounty.
PA-65-857A. Norton Pakco Industrial Ceramics (55Hillview Avenue, Latrobe, PA 15650) for a fabric filter onthe Plasma Arc Cutter at its Derry Plant located in DerryTownship, Westmoreland County.
Regional Office: Southcentral Regional Office, Air Qual-ity Program, One Ararat Boulevard, Harrisburg, PA17110.
07-308-003D. Modification of the existing dross treat-ment and refining operation by Fry Metals (4100 SixthAvenue, Altoona, PA 16602) in the City of Altoona, BlairCounty.
07-310-022A. Modification of the existing wet mortarmanufacturing operation controlled by a fabric collectorby A. P. Green Refractories, Inc. (R. D. 1, Box 588-D,Claysburg, PA 16625) in Greenfield Township, BlairCounty.
29-318-003B. Construction of a rotoblast unit con-trolled by a fabric collector; a surface coating operationcontrolled by a combined zeolite rotary concentrator witha thermal oxidizer; and a post-assembly touch-up boothcontrolled by dry filter pads by JLG Industries, Inc. (1JLG Drive, McConnellsburg, PA 17233) in Ayr Township,Fulton County.
67-329-001A. Construction of a landfill gas extractionsystem by Modern Trash Removal of York, Inc. (R. D.9, Mt. Pisgah Road, York, PA 17402) at Modern Landfilllocated in Lower Windsor and Windsor Townships, YorkCounty. The source is subject to 40 CFR 60, SubpartWWW, Standards of Performance for New StationarySources.
06-1035B. Construction of a latex paint filling opera-tion by The Glidden Company (301 Bern Street, Read-ing, PA 19601-1252) in Reading, Berks County.
06-1069A. Construction of a wastewater treatmentplant by East Penn Manufacturing Company, Inc.(P. O. Box 147, Lyon Station, PA 19536-0147) controlledby three fabric collectors in Richmond Township, BerksCounty. The source is subject to 40 CFR 61, Subpart E,National Emission Standards for Hazardous Air Pollu-tants.
06-310-026A. Modification of a non-metallic crushingplant by Pottstown Trap Rock Quarries, Inc. (P. O.Box 196, Skippack, PA 19474) controlled by wet suppres-sion in Douglass Township, Berks County. The source issubject to 40 CFR 60, Subpart OOO, Standards ofPerformance for New Stationary Sources.
REASONABLY AVAILABLE CONTROLTECHNOLOGY
(RACT)
Applications received for operating permits underthe Air Pollution Control Act (35 P. S. §§ 4001—4015) and regulations for an operating permit tocomply with 25 Pa. Code § 129.91 for ReasonableAvailable Control Technology.
Regional Office: Southeast Regional Office, Bureau ofAir Quality, Lee Park, Suite 6010, 555 North Lane,Conshohocken, PA 19428.
There is a 30-day comment period from this date ofpublication.
The Department intends to issue an air quality operat-ing permit for the air contaminant sources and associatedair cleaning devices described for:
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
MININGCONDUCT COAL AND NONCOAL ACTIVITIES
MINING ACTIVITY APPLICATIONSApplications under the Surface Mining Conservation
and Reclamation Act (52 P. S. §§ 1396.1—1396.31); theNoncoal Surface Mining Conservation and ReclamationAct (52 P. S. §§ 3301—3326); The Clean Streams Law (35P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Con-trol Act (52 P. S. §§ 30.51—30.66); The Bituminous MineSubsidence and Land Conservation Act (52 P. S.§§ 1406.1—1406.21). Mining activity permits issued inresponse to such applications will also address the appli-cable permitting requirements of the following statutes:the Air Pollution Control Act (35 P. S. §§ 4001—4015);the Dam Safety and Encroachments Act (32 P. S.§§ 693.1—693.27); and the Solid Waste Management Act(35 P. S. §§ 6018.101—6018.1003).
The following permit applications to conduct miningactivities have been received by the Department of Envi-ronmental Protection. A copy of the application is avail-able for inspection at the District mining office indicatedabove each application. Where a 401 water quality certifi-cation is needed for any aspect of a particular proposedmining activity, the submittal of the permit applicationwill serve as the request for such certification.
Written comments or objections, or requests for infor-mal conferences on applications, may be submitted by anyperson or any officer or head of any Federal, State orlocal government agency or authority to the Departmentat the same address within 30 days of this publication, orwithin 30 days after the last publication of the applicant’snewspaper advertisement, as provided by 25 Pa. Code§§ 77.121—77.123 and 86.31—86.34 (relating to publicnotices of filing of permit applications, opportunity forcomment, and informal conferences).
Where any of the mining activities listed below willhave discharges of wastewater to streams, the Depart-ment will incorporate NPDES permits into the miningactivity permits issued in response to these applications.Such NPDES permits will contain, at a minimum,technology-based effluent limitations (as described in theDepartment’s regulations—25 Pa. Code §§ 77.522, 87.102,88.92, 88.187, 88.242, 89.52 and 90.102) for iron, manga-nese, suspended solids, settleable solids, alkalinity andpH. In addition to the above, more restrictive effluentlimitations, restrictions on discharge volume or restric-tions on the extent of mining which may occur will beincorporated into a mining activity permit when neces-sary for compliance with water quality standards (inaccordance with 25 Pa. Code Chs. 93 and 95). Persons oragencies which have requested review of the NPDESpermit requirements for a particular mining activitywithin the above-mentioned public comment period willbe provided with a 30-day period to review and submitcomments on those requirements.
Written comments or objections should contain thename, address and telephone number of persons submit-ting comments or objections; application number; and astatement of sufficient detail to inform the Departmenton the basis of comment or objection and relevant factsupon which it is based. Requests for an informal confer-ence must contain the name, address and telephonenumber of requestor; application number; a brief sum-mary of the issues to be raised by the requestor at theconference; and a statement whether the requestor de-sires to have the conference conducted in the locality ofthe proposed mining activities.
Ebensburg District Office, 437 South Center Street, P. O.Box 625, Ebensburg, PA 15931-0625.
Coal Applications Received:
11970103. T. J. Mining, Inc. (P. O. Box 370, Car-rolltown, PA 15722), commencement, operation and resto-ration of bituminous strip mine in Cresson Township,Cambria County, affecting 35.5 acres, receiving streamBurgoon Run and an unnamed tributary to Burgoon Run(topographic drainage only), application received April 23,1997.
56920104. Permit renewal, Commercial Coal Sales,Inc. (Box 148, Friedens, PA 15541), commencement,operation and restoration of bituminous strip mine inMilford Township, Somerset County, affecting 71.0acres, receiving stream discharge to unnamed tributariesto/and Middle Creek; and unnamed tributaries to/and theCasselman River, application received April 30, 1997.
56920101. Permit renewal, Future Industries, Inc.(P. O. Box 157, Meyersdale, PA 15552), commencement,operation and restoration of bituminous strip mine inSummit Township, Somerset County, affecting 49.0acres, receiving stream discharge to unnamed tributaryto/and Casselman River, and Shaffer Run, applicationreceived April 30, 1997.
56803093. Stream encroachment, Croner, Inc. (R. D.4, Box 83C, Berlin, PA 15530), the proposed streamcrossing modification is located on an unnamed tributaryto Buffalo Creek in Brothersvalley Township, SomersetCounty, PA. The crossing is located approximately 570feet upstream and southeast of the unnamed tributary’sintersection with another unnamed tributary which flowsinto Buffalo Creek. The proposed activities will take placeat an existing haul road crossing of the unnamed tribu-tary located approximately 1,450 feet southeast of Salco,PA on the eastern side of S. R. 2023. Approximately 0.01acres will be disturbed along a 20 foot length of theunnamed tributary. Application received April 30, 1997.
Hawk Run District Office, P. O. Box 209, Hawk Run, PA16840.
17920109. Thomas Coal Co., Inc. (Star Route, Box53, Curwensville, PA 16833), renewal of an existingbituminous surface mine permit in Bloom Township,Clearfield County affecting 30.5 acres, receivingstreams unnamed tributaries of Bell Run and Bilger Run,application received April 18, 1997.
17970105. E. P. Bender Coal Co., Inc. (P. O. Box 594,Main and Lehmier Streets, Carrolltown, PA 15722), com-mencement, operation and restoration of a bituminoussurface mine permit in Beccaria Township, ClearfieldCounty affecting 132 acres, receiving streams ClearfieldCreek, Snyder Run and unnamed tributaries to ClearfieldCreek, application received April 21, 1997.
McMurray District Office, 3913 Washington Rd.,McMurray, PA 15317.
30841307. Cyprus Emerald Resources Corporation(P. O. Box 1020, 145 Elm Drive, Waynesburg, PA 15370),to revise the permit for the Emerald No. 1 bituminousdeep mine in Franklin Township, Greene County forsurface permit for No. 7 shaft site with access roads,portal facility, parking area, sewage treatment plant,water tank substation and boreholes, receiving streamunnamed tributary to Laurel Run. Application receivedApril 14, 1997.
30831303. Cyprus Cumberland Resources Corpo-ration (145 Elm Drive, Waynesburg, PA 15370), to revise
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
the permit for the Cumberland bituminous deep mine inWayne Township, Greene County for No. 3 dewateringborehole site, no additional discharge. Application re-ceived April 22, 1997.
56841306. Lion Mining Company (P. O. Box 209,Jennerstown, PA 15547), to renew the permit for theGrove No. 1/E-Seam bituminous deep mine in JennerTownship, Somerset County, no additional discharge.Application received March 26, 1997.
Pottsville District Office, 5 West Laurel Boulevard,Pottsville, PA 17901-2454.
49860102C. Mid-Valley Coal Sales, Inc. (5 WoodlandDrive, Mt. Carmel Estates, Mt. Carmel, PA 17851),correction to existing anthracite stripping operation inCoal Township, Northumberland County, affecting1215.1 acres, receiving stream Shamokin Creek. Applica-tion received April 17, 1997.
54861601R2. Schuylkill Coal Processing, Inc. (P. O.Box 134, Ashland, PA 17921-0134) renewal of an existinganthracite preparation plant in Butler Township, Schuyl-kill County, receiving stream Mahanoy Creek. Applica-tion received April 18, 1997.
Hawk Run District Office, P. O. Box 209, Hawk Run, PA16840.Large Industrial Mineral Applications Received:
4977SM4. Daggett Sand & Gravel, Inc. (R. R. 1, Box13A, Millerton, PA 16936), transfer of an existing LargeIndustrial Mineral (gravel, silt and sand) permit inJackson Township, Tioga County affecting 10.3 acres,receiving streams Seeley Creek, application received April25, 1997.
Pottsville District Office, 5 West Laurel Boulevard,Pottsville, PA 17901-2454.
Noncoal Permits Received:
5276SM1A1C. West End Mining & Processing Co.,Inc. (P. O. Box 160, Shawnee-on-Delaware, PA 18356),renewal of NPDES Permit #PA0594482 in ChestnuthillTownship, Monroe County receiving stream McMichael’sCreek. Application received April 22, 1997.
38870301C2. Tarmac America (P. O. Box 468, Han-over, PA 17331), correction to an existing quarry opera-tion in Annville, North Annville and North LondonderryTownships, Lebanon County affecting 1,035.9 acres,receiving stream Killinger Creek. Application receivedApril 22, 1997.
45900303C. C. H. Van Why, Inc. (5050 Milford Road,East Stroudsburg, PA 18301), renewal of NPDES Permit#PA0595276 in Middle Smithfield Township, MonroeCounty, receiving stream Suise Creek. Application re-ceived April 21, 1997.
8275SM3C. Narvon Mineral Products, Inc. (R. R. 1,Box 237A, Huntingdon, PA 16652), renewal of NPDESPermit #PA0117986 in Caenarvon and East Earl Town-ships, Lancaster County, receiving straem unnamedtributary to Conestoga River. Application received April25, 1997.
ABANDONED MINE RECLAMATION
Under Act 181 of 1984, the Department of Environmen-tal Protection solicits letters of interest from the landown-ers and/or licensed mine operators for the reclamation ofthe following abandoned strip mine projects:
Letters of interest must be received by Ernest F.Giovannitti, Director, Bureau of Abandoned Mine Recla-mation, Department of Environmental Protection, P. O.Box 8476, Harrisburg, PA 17105-8476, no later than 4p.m., June 20, 1997, to be considered.
Telephone inquiries shall be directed to B. P. Rao, Chief,Division of Acid Mine Drainage Abatement at (717)783-1311.
APPLICATIONS RECEIVED UNDERSECTION 401: FEDERAL WATER
POLLUTION CONTROL ACTENCROACHMENTS
The following Dam Safety and Encroachment permitapplications, requests for Environmental Assessment ap-proval and requests for water quality certification havebeen received by the Department of Environmental Pro-
tection. Section 401(a) of the Federal Water PollutionControl Act (33 U.S.C.A. § 1341(a)) requires the State tocertify that the involved projects will not violate theapplicable provisions of 33 U.S.C.A. §§ 1311—1313, 1316and 1317, as well as relevant State requirements. Initialrequests for 401 certification will be published concur-rently with the permit application. Persons objecting toapproval of a request for certification under section 401 orto the issuance of a Dam Safety or Encroachment Permitor the approval of Environmental Assessments mustsubmit any comments, suggestions or objections within 30days of the date of this notice as well as any questions tothe office noted above the application.
Persons with a disability who wish to attend thehearing and require an auxiliary aid, service or otheraccommodation to participate in the proceedings, shouldcontact the specified program. TDD users may contact theDepartment through the Pennsylvania AT&T Relay Ser-vice at (800) 654-5984.
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Applications received under the Dam Safety andEncroachments Act (32 P. S. §§ 693.1—693.27) andsection 302 of the Flood Plain Management Act(32 P. S. § 679.302) and requests for certificationunder section 401 of the Federal Water PollutionControl Act.
Northeast Regional Office: Regional Soils and Water-ways Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, telephone (717) 826-5485.
Permit No. E39-337. Encroachment. Bruce C.Bodien, 5490 Golden Key Road, Kempton, PA 19529. Toremove the existing structure and to construct and main-tain a single span bridge having a span of 14 feet with anunderclearance of 5 feet across a tributary to KistlerCreek (CWF) for a private residential driveway. Theproject is located immediately south of the intersection ofS. R. 4040 and S. R. 0863 (New Tripoli, PA Quadrangle N:2.4 inches; W: 6.9 inches) in Lynn Township, LehighCounty (Philadelphia District, Army Corps of Engineers).
Permit No. E40-466. Encroachment. PennsylvaniaDepartment of Transportation, Engineering District4-0, P. O. Box 111, Scranton, PA 18501. To modify andmaintain an existing reinforced concrete slab bridgeacross Toby Creek (TSF), with work consisting of widen-ing the downstream end of the structure by approxi-mately 20 feet. The existing structure has a waterwayopening of approximately 12.0 feet × 7.5 feet at thedownstream end, and located on S. R. 0415, Section 301,Segment 0010, Offset 2069, approximately 0.5 mile north-west of the intersection of S. R. 0145 and S. R. 0309(Kingston, PA Quadrangle N: 15.7 inches; W: 12.1 inches)in Dallas Borough, Luzerne County.
Permit No. E64-181. Encroachment. Wayne CountyCourthouse Annex, Honesdale, PA 18431. To remove theexisting super structure and to construct and maintain asingle span steel I-beam bridge, having a span of 31.3 feetand an underclearance of approximately 8 feet acrossWilcox Creek (HQ, CWF). This project is located alongTownship Route T-325 (Old Stephens Road), approxi-mately 300 feet west of N. R. 3004 (Sterling, PA Quad-rangle N: 21.5 inches; W: 8.5 inches) in Salem andSterling Townships, Wayne County Philadelphia Dis-trict, Army Corps of Engineers.
Permit No. E66-114. Encroachment. Exeter Town-ship, P. O. Box 88, Falls, PA 18615-9801. To maintain asingle span bridge, having a span of approximately 31feet and average underclearance of 7.3 feet across WhiteLock Creek (CWF). The project is located along TownshipRoad T336 (Coolbaugh Mountain Road), approximately0.2 mile south of its intersection with S. R. 0292 (Ransom,PA Quadrangle N: 10.5 inches; W: 15.4 inches) in FallsTownship, Wyoming County (Baltimore District, ArmyCorps of Engineers).
EA40-002NE. Encroachment. Pennsylvania Depart-ment of Environmental Protection, Bureau of Aban-doned Mine Reclamation, Public Square Commons, 2Public Square, Wilkes-Barre, PA 18711-0790. To place fillin a 4-acre water body in association with an abandonedmine reclamation project (OSM 40(3218)101.1,Pardeesville) under the category 2 blanket waiver guide-lines published on December 14, 1996. The purpose of theproject is to eliminate dangerous highwalls and hazard-ous water bodies. The project does not meet the criteriafor the category 1 blanket waiver guidelines as publishedin the Pennsylvania Bulletin on December 14, 1996,(Freeland, PA Quadrangle N: 1.0 inches; W: 10.0 inches)
in Butler Township, Luzerne County (Baltimore Dis-trict, Army Corps of Engineers).
Northcentral Region: Water Management, Soils andWaterways Section, F. Alan Sever, Chief, 208 West ThirdSt., Suite 101, Williamsport, PA 17701.
E41-404. Encroachment. Muncy Borough, 14 N.Washington St., Muncy, PA 17756. To remove the depositsof gravel for a distance of approximately 5,000-feet andmaximum depth of 2.5 feet for a total removal of approxi-mately 9,000-cubic yards from Glade Run from 1,000-feetdownstream of the Main St. bridge to 200-feet upstreamof Penn Street bridge for the purpose of flood control overa period of 5 years and repair existing, or install newriprap and maintain both as necessary for streambankprotection (Muncy, PA Quadrangle N: 14.9 inches; W: 4.8inches) in Muncy Borough and Muncy Creek Township,Lycoming County. Estimated stream disturbance ismore than 250 feet; stream classification is WWF.
E49-206. Encroachment. Northumberland CountyCommissioners, 50 S. Second St., Sunbury, PA 17801. Toremove the existing structure and to construct and main-tain a single span precast concrete beam bridge with aspan of 46 feet and average underclearance of 7.85 feetover Limestone Run located on Ridge Ave., 80 feet northof Race Street (Milton, PA Quadrangle N: 3.0 inches; W:13.8 inches) in Milton Borough, NorthumberlandCounty. Estimated stream disturbance is less than 250feet, stream classification is WWF.
E57-077. Encroachment. Kay M. Wienecke, P. O. Box85, Hillsgrove, PA 18619. To remove a 300 footunvegetated gravel bar and to restore, protect withriprap, and maintain the opposite streambank along ElkCreek located next to Elk Creek Road about 1.25 milesnorth of Route 87 (Hillsgrove, PA Quadrangle N: 17.6inches; W: 8.9 inches) in Hillsgrove Township, SullivanCounty. This stream is designated HQ-CWF and thisproject will impact 300 feet of stream with no wetlandimpacts.
E59-340. Encroachment. Rex and Ester Willard,R. R. 5, Box 4B, Wellsboro, PA 16901. To remove theexisting structure and to construct and maintain a pri-vate single span bridge, 20 feet long with an underclear-ance of 8 feet across Stony Fork Creek located off SR3007 about 0.8 mile south of SR 3010 (Antrim, PAQuadrangle N: 12.6 inches; W: 14.7 inches) in DelmarTownship, Tioga County. Estimated stream disturbanceis 30 feet with no wetland impacts, stream classificationis CWF.
Southwest Regional Office: Soils and Waterways Sec-tion, 400 Waterfront Drive, Pittsburgh, PA 15222-4745,telephone (412) 442-4000.
E02-1190. Encroachment. Evolutionary Manage-ment, 6738 Reynolds Street, Pittsburgh, PA 15206. Toconstruct and maintain a two-level deck on the northbank of the Allegheny River (WWF) located at an existingdocking facility just downstream of the 31st Street Bridgeon Herr’s Island (Washington’s Landing) (PittsburghEast, PA Quadrangle N: 16.0 inches; W: 14.1 inches) inthe City of Pittsburgh, Allegheny County.
E63-422. Encroachment. Craig and Cindy Fox, 645Duncan Avenue, Washington, PA 15301. To remove exist-ing structure and to construct and maintain a 12-footspan arch culvert with 6-foot underclearance in an un-named tributary to Georges Run (WWF) located on thesouth side of Lynn Portal Road approximately 800 feetwest of intersection of Lynn Portal Road and S. R. 18
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(Washington West, PA Quadrangle N: 16.4 inches; W: 5.3inches) in Canton Township, Washington County.
E65-667. Encroachment. Camp Storage, R. R. 1,Jeannette, PA 15644. To relocate and maintain a channelrelocation of an unnamed tributary to Byers Run (TSF)for the purpose of installing an access road and self-storage units located north of intersection of PleasantValley Road and Chicken Street (Murrysville, PA Quad-rangle N: 1.0 inch; W: 6.8 inches) in Penn Township,Westmoreland County.
Southeast Regional Office, Program Manager, WaterManagement Program, Lee Park, Suite 6010, 555 NorthLane, Conshohocken, PA 19428.
E15-543. Encroachment. Whitford Corporation, P. O.Box 2347, West Chester, PA 19380. To construct andmaintain a 6-inch PVC sanitary sewer line crossing ademinimus amount of wetlands (PFO) and 10 L. F. of anunnamed tributary to Valley Creek (EV) located approxi-mately 2,600 feet southeast of the intersection of U. S.Route 30 and S. R. 352 (Malvern, PA Quadrangle N: 6.5inches; W: 7.9 inches) in East Whiteland Township,Chester County.
E46-771. Encroachment. Franconia Township, Box128, 671 Allentown Road, Franconia, PA 18924. To con-struct and maintain a 45-foot long by 6-foot widepedestrian/bike path bridge which spans the SkippackCreek (TSF). Also, to install a 130 L. F. boardwalk acrossthe adjacent 100 year floodplain to provide an access tothe south side of the bridge. The site is located approxi-mately 2,900 feet west of the intersection of CowpathRoad and Beck Road (Telford, PA Quadrangle N: 7.5inches; W: 11.5 inches) in Franconia Township, Mont-gomery County.
Southcentral Regional Office, Water Management Pro-gram, Soils and Waterways Section, One Ararat Boule-vard, Room 126, Harrisburg, PA 17110, telephone (717)657-4590.
E05-243. Encroachment. Peter Bancroft, 600Somerset Rd., Baltimore, MD 21210. To maintain anexisting bridge across Flintstone Creek along the westside of T-304 about 2.4 miles south of the Beans CoveVillage (Beans Cove, PA Quadrangle N: 1.53 inches; W:11.75 inches) in Southampton Township, BedfordCounty.
E06-491. Encroachment. Donald Peters and RobertNocentino, 425 Mennonite Road, Collegeville, PA 19426.To construct and maintain a 30-inch storm sewer outfallto the Schuylkill River at a point approximately 500 feetupstream of the Reading Railroad (Temple, PA Quad-rangle N: 6.0 inches; W: 10.5 inches) in MuhlenbergTownship, Berks County.
E22-366. Encroachment. Susquehanna Township,Stanley Lawson, 1900 Linglestown Road, Harrisburg, PA17110. To widen an existing bridge and to construct abridge having a span of 36 feet and an underclearance of12.4 feet across the channel of Paxton Creek at points atProgress Avenue and Interstate Drive, (Harrisburg East,PA Quadrangle N: 10.63 inches; W: 14.0 inches) inSusquehanna Township, Dauphin County.
E36-631. Encroachment. Southridge Farm Partner-ship, David Charles, 26 Millersville Road, Lancaster, PA17603. To locate 250 l. f. of an intermittent tributary toMill Creek to facilitate stormwater management. Toconstruct and maintain an 8-inch sanitary sewer line, a4-inch sewer force main and an 8-inch water line across awatercourse. A 42-inch pipe culvert will be constructed in
a tributary of Mill Creek under Southrun Drive for accesswithin Southridge Farm development, located alongMillport Road (T-541) (Lancaster, PA Quadrangle N: 5.0inches; W: 1.5 inches) in East and West LampeterTownships, Lancaster County.
E67-592. Encroachment. TDC Galleria West LLC,John Donohue, 513 Central Avenue, Highland Park, IL60035. To place fill in a deminimus area of wetlands lessthan or equal to 0.05 acre for the purpose of constructingthe Galleria West retail shopping center at a locationimmediately west of the existing York Galleria Mall (York,PA Quadrangle N: 20.5 inches; W: 7.8 inches) inSpringettsbury Township, York County.
DAM SAFETY
Applications received under the Dam Safety andEncroachments Act (32 P. S. §§ 693.1—693.27) andsection 302 of the Flood Plain Management Act(32 P. S. § 679.302) and requests for certificationunder section 401 of the Federal Water PollutionControl Act.
Central Office: Bureau of Waterways Engineering, 400Market Street, 6th Floor, P. O. Box 8554, Harrisburg, PA17105-8554, telephone (717) 787-8568.
D09-235. Dam. Buckingham Township (4613Hughesian Drive, P. O. Box 413, Buckingham, PA 18912).To operate and maintain a stormwater detention damacross a tributary to Pine Run (TSF,MF) impactingapproximately 0.25 acres of wetlands (PFO) inBuckingham Township, Bucks County. This structurealso serves as a roadway crossing in the BuckinghamEstates Subdivision.
ENVIRONMENTAL ASSESSMENT
The following Environmental Assessment and re-quest for Water Quality Certification is beingprocessed under sections 105.12(a)(16) and105.15(b), restoration activities undertaken andconducted under a restoration plan approved bythe Department.
Central Office: Bureau of Waterways Engineering, 400Market Street, 6th Floor, P. O. Box 8554, Harrisburg, PA17105-8554, telephone (717) 787-8568.
D67-035EA. Environmental assessment. PECO En-ergy Company (2301 Market Street, S16-1, P. O. Box8699, Philadelphia, PA 19101-8699). To breach and re-move the Castle Fin Dam for the purpose of restoringMuddy Creek (TSF) to a free flowing condition. The damis located approximately 500 feet downstream of the S. R.74 Bridge over Muddy Creek at Castle Fin (Holtwood, PAQuadrangle N: 3.00 inches; W: 10.85 inches) in LowerChanceford and Peach Bottom Township, York County.
Requests for Environmental Assessment approvalunder § 105.15 and requests for certification un-der section 401 of the Federal Water PollutionControl Act.
Central Office: Bureau of Waterways Engineering, 400Market Street, 6th Floor, P. O. Box 8554, Harrisburg, PA17105-8554, telephone (717) 787-8568.
EA08-001C0. Environmental assessment. RichardGulyas (R. R. 2, Box 273-B, Ulster, PA 18850). To con-struct and maintain a non-jurisdictional dam across atributary to Browns Creek (WWF) for the purpose ofrecreation located approximately 400 feet west of theintersection of Ulster Road and S. R. 4003 (Ulster, PA
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EA59-005C0. Environmental assessment. AlvinStoltzfus (120 East Avenue, Wellsboro, PA 16901). Toconstruct and maintain a non-jurisdictional dam across atributary to Mutton Lane Creek (WWF) for the purpose ofrecreation located approximately 3,400 feet southeast ofthe intersection of T772 and S. R. 1024 (Jackson Summit,PA-NY Quadrangle N: 8.50 inches; W: 5.65 inches) inJackson Township, Tioga County.
ACTIONS
FINAL ACTIONS TAKEN UNDER THEPENNSYLVANIA CLEAN STREAMS LAW AND THE
DISCHARGE OF CONTROLLED INDUSTRIALWASTE AND SEWERAGE WASTEWATER
(Part I Permits)
ACTIONS
The Department of Environmental Protection has takenthe following actions on previously received permit appli-cations and requests for plan approval and has issued thefollowing significant orders.
Any person aggrieved by this action may appeal, undersection 4 of the Environmental Hearing Board Act (35P. S. § 7514) and 2 Pa.C.S. §§ 501—504 and 701—704(relating to the Administrative Agency Law), to theEnvironmental Hearing Board, Second Floor, RachelCarson State Office Building, 400 Market Street, P. O.Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483.TDD users may contact the Board through the Pennsylva-nia Relay Service, (800) 654-5984. Appeals must be filedwith the Environmental Hearing Board within 30 days ofreceipt of written notice of this action unless the appro-priate statute provides a different time period. Copies ofthe appeal form and the Board’s rules of practice andprocedure may be obtained from the Board. The appealform and the Board’s rules of practice and procedure arealso available in braille or on audiotape from the Secre-tary to the Board at (717) 787-3483. This paragraph doesnot, in and of itself, create any right of appeal beyondthat permitted by applicable statutes and decisional law.
Actions under The Clean Streams Law (35 P. S.§§ 691.1—691.1001).
Permits Issued
Southwest Regional Office: Water Management ProgramManager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, telephone (412) 442-4000.
NPDES Permit No. PA0004821. Sewage, Ken-nametal, Inc., P. O. Box 231, Latrobe, PA 15650-0231 isauthorized to discharge from a facility located at Chest-nut Ridge Sewage Treatment Plant, Derry Township,Westmoreland County to unnamed tributary of MillerRun.
NPDES Permit No. PA0027430, Amendment No.1. Sewage, City of Jeannette Municipal Authority,P. O. Box 168, Jeannette, PA 15644 is authorized todischarge from a facility located at Jeannette WastewaterTreatment Plant, City of Jeannette, WestmorelandCounty.
NPDES Permit No. PA0217549. Sewage, Grey’s Co-lonial Acres, R. D. 1, Box 137, Kittanning, PA 16201 isauthorized to discharge from a facility located in Grey’sColonial Acres Sewage Treatment Plant, Colonial Road,Plumcreek Township, Armstrong County to an un-named tributary of Cherry Run.
Industrial waste and sewerage actions under TheClean Streams Law (35 P. S. §§ 691.1—691.1001).
Permits Issued
Southwest Regional Office: Water Management ProgramManager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, telephone (412) 442-4000.
Permit No. 0296201. Industrial waste, Koppers In-dustries, Inc., 300 North State Street, Clairton, PA15025. Construction of Chemical Manufacturing locatedin the City of Clairton, Allegheny County to serve theClairton Tar Plant.
Permit No. 0297402. Sewerage, McCandless Town-ship Sanitary Authority, 9600 Perry Highway, Pitts-burgh, PA 15237. Construction of truck sewer and forcemain located in the Township of McCandless, AlleghenyCounty to serve the Longvue No 1—Busch WatershedSystem Improvements Project.
Permit No. 5697401. Sewerage, Charles Thomas,Jr., R. D. 1, Box 31, Garrett, PA 15542. Construction of asingle residence sewage treatment plant located in theTownship of Brothersvalley, Somerset County to servethe Thomas residence.
Actions under The Clean Streams Law (35 P. S.§§ 691.1—691.1001).
NPDES Permit No. PA 0035513. Sewage. PA Dept.of Transportation, Welcome Center E, 7th Floor ForumPlace, 555 Walnut Street, Harrisburg, PA 17101 is autho-rized to discharge from a facility located in ShenangoTownship, Mercer County to an unnamed tributary tothe Shenango River.
NPDES Permit No. PA 0104035, Amendment No.2. Sewage. Daily Bread Cafe and Bakery, R. D. 1, Box628, Port Allegany, PA 16743 is authorized to dischargefrom a facility located in Liberty Township, McKeanCounty to an unnamed tributary to Allegheny River.
NPDES Permit No. PA 0222194. Industrial waste.James Austin Company, P. O. Box 827, Mars, PA 16046is authorized to discharge from a facility located inAdams Township, Butler County to receiving watersnamed Breakneck Creek.
NPDES Permit No. PA 0091189. Sewage. SlipperyRock Campground Association Inc., 1150 West ParkRoad, Slippery Rock, PA 16057 is authorized to dischargefrom a facility located in Worth Township, ButlerCounty to receiving waters named Slippery Rock Creek.
NPDES Permit No. PA 0210528. Sewage. RobertBailey Construction, US Route 219, R. D. 2, Brockway,PA 15824 is authorized to discharge from a facility locatedin Washington Township, Jefferson County to an un-named tributary to Wolf Run.
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Industrial waste and sewerage actions under TheClean Streams Law (35 P. S. §§ 691.1—691.1001).
WQM Permit No. 2097402. Sewage. Meadville AreaSewer Authority, 984 Water Street, Meadville, PA16335. This project is for the construction of a wastewaterpump station adjacent to Oakview Drive in West MeadTownship, Crawford County.
WQM Permit No. 2597403. Sewage. Fairview Town-ship Sewer Authority, P. O. Box U, Fairview, PA 16415.This project is for the construction of gravity sewerswithin the Walnut Heights Subdivision in Fairview Town-ship, Erie County.
WQM Permit No. 2597408. Sewage. Frank FiamellaSubdivision, 10247 West Main Street, North East, PA16428. This project involves the proposed construction ofa small flow sewage treatment facility in Greene Town-ship, Erie County.
INDIVIDUAL PERMITS(PAS)
The following approvals for coverage under NPDESIndividual Permit for Discharge of Stormwaterfrom Construction Activities have been issued.
These actions of the Department of Environmental Pro-tection (Department) may be appealed to the Environmen-tal Hearing Board (Board), Second Floor, Rachel CarsonState Office Building, 400 Market Street, P. O. Box 8457,Harrisburg, PA 17105-8457, (717) 787-3483, by any ag-grieved person under The Environmental Hearing BoardAct (35 P. S. § 7514); 2 Pa.C.S. §§ 501—508 and 701—704(relating to the Administrative Agency Law). Appeals mustbe filed with the Environmental Hearing Board within 30days from the date of this issue of the PennsylvaniaBulletin unless the appropriate statute provides a differenttime period. Copies of the appeal form and the Depart-ment’s regulations governing practice and procedure beforethe Board may be obtained from the Board.
PAS10X074 Lakefront Properties Inc.772 Pine Valley DrivePittsburgh, PA 15239
Salem Twp.Westmoreland County
Beaver Run
Southeast Regional Office: Regional Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane,Conshohocken, PA 19428-2233, telephone (610) 832-6130.
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
NPDES Applicant Name County and ReceivingPermit No. and Address Municipality StreamPAS10-D059 Toll Brothers, Inc.
3103 Philmont AvenueHuntingdon Valley, PA 19006
Warwick TownshipBucks County
Neshaminy CreekWatershed
PAS10-G251 Wilmer L. and Joyce Hostetter481 Limestone RoadOxford, PA 19363
East Nottingham TownshipChester County
McDonald Run
Southcentral Regional Office Water Management Pro-gram, Soils and Waterways Section, One Ararat Boule-vard, Room 126, Harrisburg, PA 17110, telephone (717)657-4590.
PAS-10-0615. Individual NPDES. Holliday Hills Lim-ited Partnership, P. O. Box 419, Hollidaysburg, PA16648. To implement an Erosion and SedimentationControl Plan for the construction of roadways and utili-ties in conjunction with the development of Sweet Cherryand Delicious Apple Sections of the Holliday Hills Devel-opment residential subdivision on 130.97 acres in BlairTownship and Hollidaysburg Borough, Blair County.The project is located along Newry Lane (SR2012) about0.4 mile south of its intersection with SR0022 (Hol-lidaysburg, PA Quadrangle N: 8.8 inches; W: 4.8 inches).Drainage will be to unnamed tributary of the BeaverdamBranch of the Juniata River.
PAS-10-0618. Individual NPDES. Greg Dempsie, 310Orchard Avenue, Altoona, PA 16602. To implement anErosion and Sedimentation Control Plan for the construc-tion of a 56 residential lot subdivision to be namedCountry Side Estates on 57.6 acres in Scotch ValleyFrankstown Township, Blair County. The project islocated along the east side of Scotch Valley Road (T424)about 3.4 miles north of its intersection with SR 1009(Frankstown, PA Quadrangle N: 19.6 inches; W: 8.4inches). Drainage will be to an unnamed tributary to NewCreek.
PAS-10-3005. Individual NPDES. Bureau of Aban-doned Mine Reclamation, P. O. Box 149, Ebensburg,PA 15931. To implement an Erosion and SedimentationControl Plan for the regrading and revegetation of anabandoned strip mine on 27.2 acres in Todd Township,Huntingdon County. The project is located along bothnorth and south sides of SR 0944 at the Village of Joller(Saltillo, PA Quadrangle N: 14.9 inches; W: 9.2 inches).Drainage will be to Roaring Run.
PAS-10-C028. Individual NPDES. Daniel Boone AreaSchool District, 1445 E. Main Street, Douglassville, PA
19518-0186. To implement an Erosion and SedimentationControl Plan for the construction of an addition to anexisting school on 65.4 acres in Union Township, BerksCounty. The project is located between Garey Road andChestnut Street (Birdsboro, PA Quadrangle N: 1.0 inch;W: 8.4 inches). Drainage will be to a tributary to theSchuylkill River.
PAS-10-O063. Individual NPDES. QVC Network In-corporated, 1200 Wilson Drive, West Chester, PA 19380.To implement an Erosion and Sedimentation Control Planfor a QVC warehouse building expansion on 36.16 acresin West Hempfield Township, Lancaster County. Theproject is located off Stoney Battery Road on to Ivy Drive(Columbia East, PA Quadrangle N: 12.7 inches; W: 7inches). Drainage will be to a tributary of Swarr Run.
INDIVIDUAL PERMITS
(PAR)
APPROVALS TO USE NPDES GENERAL PERMITS
The following parties have submitted Notices of Intent(NOI) for Coverage under General NPDES Permits todischarge wastewater into the surface waters of theCommonwealth of Pennsylvania. The Department of En-vironmental Protection approves the following coveragesunder the specified General Permit. This approval issubject to applicable effluent limitations, monitoring andreporting requirements and other conditions set forth inthe respective General Permit.
The EPA Region III Regional Administrator has waivedthe right to review or object to this permit action underthe waiver provision: 40 CFR 123.24.
The application and related documents, effluent limita-tions and special conditions, and other information are onfile and may be inspected and arrangements made forcopying at the contact office noted.
List of NPDES General Permits issued by Departmentof Environmental Protection:
NPDES General Permit TypePAG-1 General Permit For Discharges From Stripper Oil Well FacilitiesPAG-2 General Permit For Discharges of Stormwater From Construction ActivitiesPAG-3 General Permit For Discharges of Stormwater From Industrial ActivitiesPAG-4 General Permit For Discharges From Single Residence Sewage Treatment PlantPAG-5 General Permit For Discharges From Gasoline Contaminated Ground Water Remedia-
tion SystemsPAG-6 General Permit For Wet Weather Overflow Discharges From Combined Sewer Sys-
tems
2464 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Facility LocationCounty and Applicant Name Receiving Stream Contact Office andMunicipality Permit No. and Address or Body of Water Telephone No.
Adams CountyCumberland Twp.
PAR100046 Jobo Holstein Farm200 Tall Oaks Rd.Gettysburg, PA 17325
UNT to Swift Run Adams CD(717) 334-0636
Allegheny CountySewickley HeightsBoro.
PAR10A204 Dr. and Mrs. Takanori FukushimaR. D. 4, Barberry Road WestSewickley, PA 15143
Ltl. Sewickley Allegheny CD(412) 921-1999
Bradford CountySpringfield Twp.
PAR100811 Ronald KlineR. R. 2, Box 341Troy, PA 16947
Leonard Creek Bradford CD(717) 265-5530
Centre CountyFerguson Twp.
PAR10F045-1 Tom Kostosky4121 Okemos Rd.Okemos, MI 48864
UNT to Big Holl.Run
Centre CD(814) 355-6817
Clinton CountyWayne Twp.
PAR101912 First Quality ProductsNorth Rd.McElhattan, PA 17748
West BranchSusquehanna
Clinton CD(717) 726-3798
Clinton CountyBald Eagle Twp.
PAR101913 Keystone Central School District95 W. 4th St.Lock Haven, PA
PAR806176 Cambria County Transit AuthorityRural Divisionc/o Douglas Greenwood
Chest Creek Southwest RegionalOfficeWater ManagementProgram Manager400 WaterfrontDrivePittsburgh, PA15222-4745(412) 442-4000
Cambria CountyCity of Johnstown
PAR806177 Cambria County Transit AuthorityRural Divisionc/o Douglas Greenwood
Stoney Creek River Southwest RegionalOfficeWater ManagementProgram Manager400 WaterfrontDrivePittsburgh, PA15222-4745(412) 442-4000
Washington Twp.Erie County
PAR608304 Charles J. BauerJay’s Auto Wrecking, Inc.22460 Hodges LaneCambridge Springs, PA 16403
Conneautee Creek DEPNorthwest RegionWater Management230 Water StreetMeadville, PA 16335(814) 332-6942
2466 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Facility LocationCounty and Applicant Name Receiving Stream Contact Office andMunicipality Permit No. and Address or Body of Water Telephone No.Millcreek Twp.Erie County
PAR808362 Overnite Transportation Co.P. O. Box 1216Richmond, VA 23209
Roadside Ditch toUnnamed TributaryLake Erie
DEPNorthwest RegionWater Management230 Water StreetMeadville, PA 16335(814) 332-6942
Columbia BoroughLancaster County
PAR203584 Colonial Metals CompanyP. O. Box 311Columbia, PA 17512
Shawnee RunWatershed
SCRO(717) 657-4590
Somerset CountyBrothersvalley Twp.
PAG046121 Charles Thomas, Jr.R. D. 1, Box 31Garrett, PA 15542
Actions taken under the Pennsylvania Safe Drink-ing Water Act (35 P. S. §§ 721.1—721.17).
Northeast Regional Office: Sanitarian Regional Man-ager, 2 Public Square, Wilkes-Barre, PA 18711-0790, tele-phone (717) 826-2511.
6489510. Public water supply. Orchard HeightsTrailer Court, c/o Fred Haase, R. D. 1, Box 80, BeachLake, PA 18405. This proposal involves an application forpermit for an existing mobile home park. It is located inDamacus Township, Wayne County. Permit issued April10, 1997.
6696502. Public water supply. Copper Kettle TrailerPark, R. R. 5, Box 370, Tunkhannock, PA 18657. Thisproposal involves the modification and permitting of anexisting public water system serving Copper KettleTrailer Park, in Monroe Township, Wyoming County.Permit issued April 22, 1997.
3597501. Public water supply. Meadow Heights De-velopment, Fred Samala, 130 Eastview Drive, ClarksSummit, PA 18411. This proposal involves the modifica-tion and permitting of an existing public water supplysystem serving Meadow Heights Development. It is lo-cated in Clarks Summit, Lackawanna County. Permitissued April 15, 1997.
LAND RECYCLING ANDENVIRONMENTAL REMEDIATION
Under Act 2, 1995
Preamble 3
The following final reports were submitted to theDepartment of Environmental Protection under the LandRecycling and Environmental Remediation Standards Act(35 P. S. §§ 6026.101—6026.908).
Provisions of Chapter 3 of the Land Recycling andEnvironmental Remediation Standards Act (act) require theDepartment of Environmental Protection to publish in thePennsylvania Bulletin a notice of submission of any finalreports. A final report is submitted to document cleanup ofa release of a regulated substance at a site to one of the
act’s remediation standards. A final report provides adescription of the site investigation to characterize thenature and extent of contaminants in environmental media,the basis for selecting the environmental media of concern,documentation supporting the selection of residential ornonresidential exposure factors, a description of theremediation performed, and summaries of sampling meth-odology and analytical results which demonstrate that theremediation has attained the cleanup standard selected.
For further information concerning the final report,please contact the Environmental Cleanup Program inthe Department of Environmental Protection RegionalOffice under which the notice of receipt of a final reportappears. If information concerning a final report is re-quired in an alternative form, contact the communityrelations coordinator at the appropriate Regional Officelisted. TDD users may telephone the Department throughthe AT&T Relay Service at 1 (800) 654-5984.
The Department has received the following final re-ports.
Distribution Pole 23743S32420. Fairview Township,York County. Pennsylvania Power & Light Com-pany, Two North Ninth Street, Allentown, PA 18101, hassubmitted a Final Report concerning remediation of sitesoils contaminated with PCBs. The report is intended todocument remediation of the site to meet the Statewidehealth standard.
Northeast Regional Field Office, Joseph Brogna, Re-gional Environmental Cleanup Program Manager, 2 Pub-lic Square, Wilkes-Barre, PA 18711-0790, telephone (717)826-2511.
Pennsylvania Power & Light Company (PP&L)—distribution pole #59960S447145 (Applewood Drive),South Whitehall Township, Lehigh County. PP&L, 2North Ninth Street, Allentown, PA has submitted a FinalReport concerning the remediation of site soils found tohave been contaminated with PCBs (polychlorinatedbiphenyls). The report was submitted in order to docu-ment remediation of the site to meet the Statewide healthstandard.
NOTICES 2467
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Brensinger Residence, Moore Township, North-ampton County. All Phase Environmental Services, Inc.,131 Technology Drive, Bethlehem, PA has submitted aFinal Report (on behalf of its client, John Brensinger, 469Monacacy, Bath, PA) concerning the remediation of sitesoils which were found to be contaminated with BTEX(benzene, toluene, ethylbenzene and xylene) compoundsand polyaromatic hydrocarbons. The report is intended todocument remediation of the site to meet the Statewidehealth standard. A Notice of Intent to Remediate wassimultaneously submitted. See additional PennsylvaniaBulletin notice.
SOLID AND HAZARDOUS WASTELICENSE TO TRANSPORT HAZARDOUS WASTE
License issued under the Solid Waste ManagementAct (35 P. S. §§ 6018.101—6018.1003) and regula-tions for license to transport hazardous waste.
Bureau of Land Recycling and Waste Management,Division of Hazardous Waste Management, P. O. Box8471, Harrisburg, PA 17105-8471.
Enviro-Trans, Inc., P. O. Box 409, Americus, GA31709; License No. PA-AH 0562; license issued April 30,1997.
Sturgeon and Son, Inc., 3511 Gilmore Avenue,Bakersfield, CA 93309; License No. PA-AH 0563; licenseissued April 30, 1997.
Renewal licenses issued under the Solid WasteManagement Act (35 P. S. §§ 6018.101—6018.1003)and regulations for license to transport hazard-ous waste.
Bureau of Land Recycling and Waste Management,Division of Hazardous Waste Management, P. O. Box8471, Harrisburg, PA 17105-8471.
Bulova Technologies L.L.C., 101 North Queen Street,Lancaster, PA 17604; License No. PA-AH 0493; renewallicense issued April 30, 1997.
Cambridge Chemical Cleaning Inc., 11 West 21stStreet, Linden, NJ 07036; License No. PA-AH 0356;renewal license issued April 30, 1997.
ETSS, Inc., P. O. Box 874, Ellwood City, PA 16117-0874; License No. PA-AH 0318; renewal license issuedMay 5, 1997.
Progressive Disposal Group, Inc., 510 East BarnardStreet, Box A-6, West Chester, PA 19382; License No.PA-AH 0445; renewal license issued May 5, 1997.
Safeway Chemical Transportation Inc., P. O. Box8781, Wilmington, DE 19899; License No. PA-AH 0495;renewal license issued April 25, 1997.
Sani Mobile Environment Inc., 2225 Boul Industrial,Laval Quebec, Canada H7S1P8; License No. PA-AH0335; renewal license issued April 21, 1997.
Vanguard Research Industries, Inc., 239 St. Nicho-las Avenue, South Plainfield, NJ 07080; License No.PA-AH S130; renewal license issued April 30, 1997.
License expired under the Solid Waste ManagementAct (35 P. S. §§ 6018.1001—6018.1003) and regula-tions for license to transport hazardous waste.
Bureau of Land Recycling and Waste Management,Division of Hazardous Waste Management, P. O. Box8471, Harrisburg, PA 17105-8471.
Gulf South Systems, Inc., 14461 Frenchtown Road,Greenwell Springs, LA 70739; License No. PA-AH 0482;license expired on April 30, 1997.
Industrial Oil Tank Service Corp., P. O. Box 167,Verona, NY 13478; License No. PA-AH 0308; licenseexpired on April 30, 1997.
BENEFICIAL USE DETERMINATIONS
Determination of applicability for General Permitissued under the Solid Waste Management Act (35P. S. §§ 6018.101—6018.1003) and regulations formunicipal and residual waste
Northcentral Regional Office, Regional Solid WasteManager, 208 West Third Street, Suite 101, Williamsport,PA 17701, telephone (717) 327-3653.
General Permit No. WMGR038NC001. Grace’s Fu-ture Block, Inc., (R. R. 1, Box 325, Millville, PA 17846).Determination of Applicability for General Permit for theprocessing and beneficial use of waste tires on a State-wide basis, issued in the regional office on April 25, 1997.Facility is located in Madison Township, ColumbiaCounty.
RESIDUAL WASTE PROCESSING FACILITIES
Approval granted for the Solid Waste ManagementPlant under the 25 Pa. Code Chapter 272 § 244(d)of the Municipal Waste Regulations.
Cumberland County Solid Waste Authority, (Cum-berland County Courthouse, One Courthouse Square,Carlisle, PA 17013). Under Act 101, Chapter 9, Section901, the Department has approved the CumberlandCounty Municipal Waste Management Plan Revision,dated February 1997. The plan approval date is April 23,1997.
OPERATE WASTE PROCESSING OR DISPOSALAREA OR SITE
Permits issued under the Solid Waste ManagementAct (35 P. S. §§ 6018.101—6018.1003) and regula-tions to operate a solid waste processing or dis-posal area or site.
Northcentral Regional Office, Regional Solid WasteManager, 208 West Third Street, Suite 101, Williamsport,PA 17701, telephone (717) 327-3653.
Permit No. 101315, Modification. Theodore Heaps,Sr. and Theodore Heaps, Jr. (P. O. Box 208, Millville,PA 17846). Permit modification for construction of a newdumping area and change in operating hours at anexisting transfer facility located in Madison Township,Columbia County, issued in the regional office on May5, 1997.
PREVIOUSLY UNPERMITTED CLASS OF SPECIALHANDLING WASTE
INFECTIOUS OR CHEMOTHERAPEUTIC WASTE
Licenses issued under the Solid Waste ManagementAct (35 P. S. §§ 6018.101—6018.1003) and the Infec-tious and Chemotherapeutic Waste Law (35 P. S.§§ 6019.1—6019.6) and regulations for license totransport infectious and chemotherapeutic waste.
2468 NOTICES
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Bureau of Land Recycling and Waste Management,Division of Hazardous Waste Management, P. O. Box8471, Harrisburg, PA 17105-8471.
Stericycle, Inc., 1419 Lake Cook Road, Suite 410,Deerfield, IL 60015; License No. PA-HC 0196; licenseissued April 18, 1997.
AIR POLLUTIONOPERATING PERMITS
Construct, modify or activate air contaminantsources
25 Pa. Code § 129.1
Minor Source Operating Permits issued under theAir Pollution Control Act (35 P. S. §§ 4001—4015).
Regional Office: Southwest Regional Office, Bureau ofAir Quality, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
OP-04-006: The Department issued an Air QualityOperating Permit on April 24, 1997 to Brighton ElectricSteel Company (P. O. Box 206, Beaver Falls, PA 15010)for a Steel Foundry at its Division of J & L Structurallocated in Beaver Falls, Beaver County.
Administrative Amendment for Operating Permitissued under the Air Pollution Control Act (35P. S. §§ 4001—4015) and regulations to construct,modify, reactivate or operate air contaminationsources and associated air cleaning devices.
Regional Office: Southeast Regional Office, Bureau ofAir Quality, Lee Park, Suite 6010, 555 North Lane,Conshohocken, PA 19428.
The Department issued an administrative amendmentto the following air quality operating permit for theoperation of the air contamination sources and associatedair cleaning devices described below for the specifiedcompanies.
Permit: 23-312-187Source: Barge Loading Dock No. 3Administrative Amendment: March 26, 1997Company: Sun (R&M), Inc.Location: Marcus HookCounty: Delaware
PLAN APPROVALS
Plan Approvals issued under the Air Pollution Con-trol Act (35 P. S. §§ 4001—4005) and regulations toconstruct, modify or reactivate air contaminationsources or air cleaning devices.
Regional Office: Southcentral Regional Office, Air Qual-ity Program, One Ararat Boulevard, Harrisburg, PA17110.
22-323-015A: On April 22, 1997, the Department is-sued a Plan Approval to RAM Industries, Inc. (3501North 6th Street, Harrisburg, PA 17110) for the installa-tion of three burn-off ovens in Susquehanna Township,Dauphin County.
ER 67-2008: On April 22, 1997, the Department issuedan Emission Reduction Credit Approval to York Interna-tional Corporation (P. O. Box 1592-091M, York, PA17405-1592) for the shutdown of two vapor degreasingunits at their plant at 631 South Richland Avenue inSpring Garden Township, York County.
67-304-035A: On April 22, 1997, the Department is-sued a Plan Approval to American Colloid Company(HCR 69, Box 135, Belle Fourche, SD 57717) for themodification of a sand mixing facility in the City of York,York County.
67-309-015E: On April 22, 1997, the Department is-sued a Plan Approval to The J. E. Baker Company(P. O. Box 1189, York, PA 17405) for the installation of anHPS Plant Distribution System controlled by a fabricfilter in West Manchester Township, York County.
67-315-010: On April 24, 1997, the Department issueda Plan Approval to P H. Glatfelter Company (228 SouthMain Street, Spring Grove, PA 17362-0500) for the con-struction of G-coater in Spring Grove Borough, YorkCounty.
06-319-017E: On April 28, 1997, the Department is-sued a Plan Approval to Yuasa-Exide, Inc. (2901Montrose Avenue, Laureldale, PA 19605) for the construc-tion of a grid caster at their Yuasa Plant in LaureldaleBorough, Berks County. The source is subject to 40 CFR60, Subpart KK, Standards of Performance for NewStationary Sources.
21-320-010A: On April 30, 1997, the Department is-sued a Plan Approval to Fry Communications, Inc.(800 West Church Road, Mechanicsburg, PA 17055) forthe construction of a nine-unit double web offset presswith two heatset dryers controlled by a catalytic incinera-tor in Mechanicsburg Borough, Cumberland County.
36-313-030E: On April 30, 1997, the Department is-sued a Plan Approval to Warner-Lambert Company(400 West Lincoln Avenue, Lititz, PA 17543) for themodification of a pharmaceutical manufacturing facilityin Lititz Borough, Lancaster County.
Plan Approvals issued under the Air Pollution Con-trol Act (35 P. S. §§ 4001—4015) and regulations toconstruct, modify, reactivate and operate air con-taminant sources or air cleaning devices.
Regional Office: Southwest Regional Office, Bureau ofAir Quality, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
PA-04-218A: On April 24, 1997 a Plan Approval wasissued to NF & M International, Inc. (1729 Pennsylva-nia Avenue, Monaca, PA 15061) for a fume scrubber onthe pickling operation at its Manufacturing Divisionfacility located in Monaca Borough, Beaver County.
PA-65-788B: On April 24, 1997, a Plan Approval wasissued to Sony Electronics, Inc. (1001 TechnologyDrive, Mt. Pleasant, PA 15666) for two Wave SolderMachines at its Pittsburgh Manufacturing Center locatedin Mt. Pleasant Township, Westmoreland County.
Plan Approval extensions issued under the AirPollution Control Act (35 P. S. §§ 4001—4015) andregulations to construct, modify, reactivate andoperate air contaminant sources or air cleaningdevices.
Regional Office: Southwest Regional Office, Bureau ofAir Quality, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
NOTICES 2469
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
PA-03-198A: On April 24, 1997, a Plan Approval expi-ration date was extended to September 1, 1997 forAmerikohl Mining, Inc. (202 Sunset Drive, Butler, PA16001) for a portable coal crusher at its Huskins RunCrusher facility located in Cowanshannock Township,Armstrong County.
11-305-028: On April 24, 1997, a Plan Approval expira-tion date was extended to July 1, 1998 for Senate CoalMines Inc. (One Energy Place, Suite 5100, Latrobe, PA15650) for a water truck at the Wet Coal Refuse ReclaimPlant at its Mine #42 facility located in Adams Township,Cambria County.
11-305-032: On April 24, 1997, a Plan Approval expira-tion date was extended to October 1, 1998 for SenateCoal Mines, Inc. (One Energy Place, Suite 5100,Latrobe, PA 15650) for a crushing and screening processon the Coal Refuse Reprocessing operation at its St.Michael Pile facility located in Adams Township,Cambria County.
04-313-065A: On April 24, 1997, a Plan Approval expi-ration date was extended to September 1, 1997 for NovaChemicals, Inc. (400 Frankfort Road, Monaca, PA15061) for a Pentane Emission Reduction System andbaghouse on the Dylite Unit at its Beaver Valley Plantlocated in Potter Township, Beaver County.
56-305-049: On April 24, 1997, a Plan Approval expira-tion date was extended to September 1, 1997 for PBSCoals, Inc. (P. O. Box 260, Friedens, PA 15541) for alimestone crushing/screening process at its Paxton Striplocated in Brothersvalley Township, Somerset County.
56-305-050: On April 24, 1997, a Plan Approval expira-tion date was extended to September 1, 1997 forDunamis Resourcs, Inc. (P. O. Box 846, Latrobe, PA15650) for a coal processing facility at its Miller Mine/Quecreek No. 1 Mine located in Jenner Township,Somerset County.
56-305-043: On February 10, 1997, a Plan Approvalexpiration date was extended to October 1, 1997 forSenate Coal Mines, Inc. (One Energy Place, Suite 5100,Latrobe, PA 15650) for a water truck at the Coal RefuseReclaiming/Screen at its Mine 36 facility located inWinber Borough, Somerset County.
32-305-053: On April 24, 1997, a Plan Approval expira-tion date was extended to August 15, 1998 for SenateCoal Mines, Inc. (One Energy Place, Suite 5100,Latrobe, PA 15650) for a bituminous coal processingoperation at its Coral Tipple facility located in BurrellTownship, Indiana County.
Administrative Amendment of Plan Approval issuedunder the Air Pollution Control Act (35 P. S.§§ 4001—4015) and regulations to construct,modify, reactivate or operate air contaminationsources and associated air cleaning devices.
Regional Office: Southeast Regional Office, Bureau ofAir Quality, Lee Park, Suite 6010, 555 North Lane,Conshohocken, PA 19428.
The Department issued an administrative amendmentto the following air quality plan approvals, for theconstruction of the air contamination sources and associ-ated air cleaning devices described below for the specifiedcompanies.
Permit: 46-399-104Source: Five I. C. Diesel EnginesAdministrative Amendment: March 28, 1997Company: MM Biogas Power, LLCLocation: Upper MerionCounty: MontgomeryPermit: 46-320-028ASource: Flexographic PressAdministrative Amendment: March 28, 1997Company: Global Packaging, Inc.Location: Upper ProvidenceCounty: Montgomery
REASONABLY AVAILABLE CONTROLTECHNOLOGY
(RACT)
Administrative Amendments of Operating Permitsissued under the Air Pollution Control Act (35P. S. §§ 4001—4015) and regulations for an operat-ing permit to comply with 25 Pa. Code § 127.450for Reasonable Available Control Technology.
Regional Office: Southeast Regional Office, Bureau ofAir Quality, Lee Park, Suite 6010, 555 North Lane,Conshohocken, PA 19428.
The Department issued an administrative amendmentto the following air quality operating permits for theoperation of the air contamination sources and associatedair cleaning devices described below for the specifiedcompanies:
Permit: CP-46-0005Source: Facility VOC and NOxAdministrative Amendment: March 6, 1997Company: Merck & Co., Inc.Location: Upper GwyneddCounty: Montgomery
Permit: CP-09-0005Source: NOx and VOC SourcesAdministrative Amendment: March 14, 1997Location: BristolCounty: Bucks
Proposed Revision to the State ImplementationPlan for Oxides of Nitrogen (NOx) and volatileorganic compounds (VOC) and public hearing
Approval of Reasonably Available Control Technology(RACT) Plans for: LNP Engineering Plastics, Inc. (CalnTownship, Chester County) SPS Technologies, Inc.(Abington Township, Montgomery County) Boeing Heli-copters (Ridley Township, Delaware County)
DEP has made a preliminary determination to approveRACT plans as amendments to the State ImplementationPlan (SIP) for the above facilities. The proposed SIPrevisions do not adopt any new regulations. They incorpo-rate the provisions and requirements contained in RACTapprovals for these facilities to comply with currentregulations.
These preliminary determinations, if finally approved,will be incorporated into Plan Approvals and/or Operating
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Permits for the facilities and will be submitted to theU. S. Environmental Protection Agency (EPA) as revisionsto Pennsylvania’s SIP.
The following is a summary of the preliminary RACTdeterminations for these facilities:
LNP Engineering Plastics, Inc. (Operating PermitOP-15-0035)
Control ImplementationSource Technique ScheduleProductionProcess Lines
ManufacturersSpecifications
Upon Issuance ofPermit
(12 Thermocompand 1 Verton)
and Good ControlPractices
3 Pyrolysis Ovens InternalAfterburners
Upon Issuance ofPermit
This facility is a minor NOx emitter.
SPS Technologies, Inc. (Operating Permit OP-46-0032)
Control ImplementationSource Technique Schedule4 Boilers Presumptive Implemented18 CombustionSources
Presumptive Implemented
87 Misc. VOCSources
CurrentOperations
Implemented
Boeing Helicopters (Compliance Permit CP-23-0009)
Control ImplementationSource Technique ScheduleCompositeManufacturing
There are 16 de-minimis VOC sources associated withthis facility.
One public hearing will be held for the purpose ofreceiving comments on the proposed SIP revisions. Thehearing will be held at 2 p.m. on June 19, 1997 at the
Department of Environmental Protection, Southeast Re-gional Office, Lee Park, 555 North Lane, Suite 6010,Conshohocken, PA. The hearing will represent the oppor-tunity for oral comment to DEP on the proposed SIPrevisions and will not be a question and answer session.Persons wishing to present testimony at the hearing areencouraged to contact Clarke Rupert, DEP CommunityRelations Coordinator, at (610) 832-6020 to register priorto the hearing, but may also register at the hearing.Those unable to attend the hearing but who wish tocomment should send their written comments to FrancineCarlini, Air Quality Program Manager, Department ofEnvironmental Protection, Southeast Regional Office, LeePark, 555 North Lane, Suite 6010, Conshohocken, PA19428 on or before June 19, 1997.
Persons with a disability who wish to attend thehearing and require an auxiliary aid, service or otheraccommodation to participate should contact ClarkeRupert at (610) 832-6020 or through the PennsylvaniaAT&T Relay Service at 1 (800) 654-5984 (TDD) to discusshow the Department may accommodate their needs.
Copies of the pertinent documents are available forreviewing at the DEP Southeast Regional Office. Appoint-ments for scheduling a review may be made by calling(610) 832-6003.
MININGCONDUCT COAL AND NONCOAL ACTIVITIES
MINING ACTIVITY ACTIONS
Actions on applications under the Surface Mining Con-servation and Reclamation Act (52 P. S. §§ 1396.1—1396.31); the Noncoal Surface Mining Conservation andReclamation Act (52 P. S. §§ 3301—3326); The CleanStreams Law (35 P. S. §§ 691.1—691.1001); the CoalRefuse Disposal Control Act (52 P. S. §§ 30.51—30.66);The Bituminous Mine Subsidence and Land ConservationAct (52 P. S. §§ 1406.1—1406.21). The final action oneach application also constitutes action on the request for401 water quality certification. Mining activity permitsissued in response to such applications will also addressthe applicable permitting requirements of the followingstatutes: the Air Quality Control Act (35 P. S. §§ 4001—4015); the Dam Safety and Encroachments Act (32 P. S.§§ 693.1—693.27); and the Solid Waste Management Act(35 P. S. §§ 6018.101—6018.1003).
Ebensburg District Office, 437 South Center Street, P. O.Box 625, Ebensburg, PA 15931-0625.Coal Applications Issued:
56960107. Godin Brothers, Inc. (R. D. 3, Box 61R,Boswell, PA 15530), application for a stream encroach-ment permit for topsoil storage and a stream crossing ofan unnamed tributary to Quemahoning Creek for receiv-ing streams—Quemahoning Creek, application receivedMarch 21, 1997, application issued April 28, 1997.
32960103. Kraynak Coal Company (R. D. 1, Box 158,Mahaffey, PA 15757), commencement, operation and res-toration of a bituminous strip-auger mine in Grant andGreen Townships, Indiana County, affecting 329.7acres, receiving stream unnamed tributary to East Runand Little Mahoning Creek to Mahoning Creek andunnamed tributaries of North Branch to Two Lick Creek,application received February 14, 1996, permit issuedApril 28, 1997.
11960109. Paul F. Becker Coal Company (1593 OldRoute 22, Duncansville, PA 16635), commencement, op-eration, and restoration of a bituminous strip mine in
NOTICES 2471
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Elder Township, Cambria County, affecting 26.0 acres,receiving stream unnamed tributary to Brubaker Run,application received October 24, 1996, permit issued April30, 1997.
32960105. M. B. Energy, Inc. (P. O. Box 1319, Indiana,PA 15701-1319), commencement, operation and restora-tion of a bituminous strip mine in Pine Township, Indi-ana County, affecting 12.8 acres, receiving stream un-named tributary to Yellow Creek and Yellow Creek to TwoLick Creek to Conemaugh River, application receivedSeptember 23, 1996, permit issued April 30, 1997.
56880109. Permit Renewal, PBS Coals, Inc. (P. O. Box260, Friedens, PA 15541), commencement, operation andrestoration of a bituminous strip mine in BrothersvalleyTownship, Somerset County, affecting 154.2 acres, re-ceiving stream unnamed tributaries of Bluelick Creek andBluelick Creek, application received March 4, 1997, per-mit issued April 30, 1997.
Hawk Run District Office, P. O. Box 209, Hawk Run, PA16840.
17880123. E. P. Bender Coal Company, Inc. (Mainand Lehmier Streets, Carrolltown, PA 15722), renewal ofan existing bituminous surface mine permit in BiglerTownship, Clearfield County affecting 166 acres, receiv-ing streams: unnamed tributary to Muddy Run andMuddy Run to Muddy Run and Muddy Run; Muddy Runto Clearfield Creek, Clearfield Creek to West BranchSusquehanna River; West Branch Susquehanna River toSusquehanna River, application received January 22,1997, permit issued April 18, 1997.
17910124. Al Hamilton Contracting Company(R. D. 1, Box 87, Woodland, PA 16881), renewal of anexisting bituminous surface mine permit in Brady andPenn Townships, Clearfield County affecting 393 acres,receiving streams: an unnamed tributary to LaurelBranch Run to Laurel Branch Run; unnamed tributariesto Beech Run, and Beech Run, Beech Run and LaurelBranch Run to East Branch Mahoning Creek; EastBranch Mahoning Creek to Mahoning Creek; MahoningCreek to the Allegheny River, application received March3, 1997, permit issued April 23, 1997.
17840117. K & J Coal Co., Inc. (P. O. Box 189,Westover, PA 16692), permit revision for a Change InLand Use from forestland to pastureland or land occa-sionally cut for hay, Jordan Township, ClearfieldCounty, application received March 6, 1997, permitissued April 29, 1997.
17900111. Falls Creek Energy, Inc. (R. D. 6, Box 231,Kittanning, PA 16201), transfer of an existing bituminoussurface mine-auger permit from Maud Mining Company,Brady Township, Clearfield County affecting 579.6acres, receiving streams: Limestone Run, two unnamedtributaries of Stump Creek, and Stump Creek, applicationreceived January 29, 1997, permit issued April 18, 1997.
17960110. E. P. Bender Coal Co., Inc. (P. O. Box 594,Carrolltown, PA 15722), commencement, operation andrestoration of a bituminous surface mine permit in BiglerTownship, Clearfield County affecting 67 acres, receiv-ing streams: unnamed tributaries to Banian Run toClearfield Creek to the West Branch of the SusquehannaRiver, application received June 12, 1996, permit issuedApril 16, 1997.
17960115. Waroquier Coal Company (P. O. Box 129,Clearfield, PA 16830), commencement, operation and res-toration of a bituminous surface mine permit in GirardTownship, Clearfield County affecting 37.1 acres, re-
ceiving streams: unnamed tributaries of Bald Hill Run,and Bald Hill Run, Bald Hill Run to West BranchSusquehanna River, application received September 4,1996, permit issued April 18, 1997.
McMurray District Office, 3913 Washington Road,McMurray, PA 15317.
63841302. Maple Creek Mining, Inc., (P. O. Box 517,Bentleyville, PA 15314), to revise the permit for theMaple Creek bituminous deep mine in New Eagle Bor-ough, Washington County to add two portals at theNew Eagle Portal Facility, no additional discharge. Per-mit issued April 25, 1997.
56961302. Dunamis Resources, Inc., (R. D. 4, Box1542, Homer City, PA 15748) to operate the Millerbituminous deep mine in Jenner and Lincoln Townships,Somerset County, new mine, receiving streamQuemahoning Creek. Permit issued April 28, 1997.
33961302. Doverspike Brothers Coal Company,(R. D. 4, Box 271, Punxsutawney, PA 15767), to operatethe Sandy Lands bituminous deep mine in McCalmontTownship, Jefferson County, receiving stream unnamedtributary to Little Sandy Creek. Permit issued April 29,1997.
56951301. RoxCoal, Inc., (P. O. Box 149, Friedens, PA15541), to operate the Agustus bituminous deep mine inShade Township, Somerset County, new mine, receivingstreams unnamed tributary to Coal Run, Coal Run, andDark Shade Creek. Permit issued April 29, 1997.
17841608. Lady Jane Collieries, Inc., (P. O. Box 306,Penfield, PA 15849), to renew the permit for the LadyJane Collieries, Inc. Preparation Plant in Huston Town-ship, Clearfield County, no additional discharge. Permitissued April 30, 1997.
32901603. Tipple Four J Inc., (P. O. Box 194,Shelocta, PA 15774), to operate the Tipple Four J inArmstrong Township, Indiana County, receiving streamCrooked Creek. Permit issued April 29, 1997.
Pottsville District Office, 5 West Laurel Boulevard,Pottsville, PA 17901-2454.
54860207R2. South Tamaqua Coal Pockets, Inc.(R. R. 3, Box 14, Tamaqua, PA 18252), renewal of anexisting coal refuse reprocessing/disposal operation inWest Penn Township, Schuylkill County affecting 65.0acres, receiving stream—none. Renewal issued April 30,1997.
22851601R & R2. Underkoffler Coal Services, Inc.(6833 Route 209 West, Lykens, PA 17048), renewal of anexisting coal preparation plant operation in WiconiscoTownship, Dauphin County affecting 13.0 acres, receiv-ing stream—none. Renewals issued April 30, 1997.
22851304R2. S & M Coal Co. (189 North Street,Lykens, PA 17048), renewal of an existing deep mineoperation in Wiconisco Township, Dauphin County af-fecting 4.2 acres, receiving stream—none. Renewal issuedApril 30, 1997.
Pottsville District Office, 5 West Laurel Boulevard,Pottsville, PA 17901-2454Noncoal Permits Issued
6277SM1A1C. Compass Quarries, Inc. (47 McIlvaineRoad, Box 130, Paradise, PA 17562), renewal of NPDESPermit #PA0595080 and correstion in Paradise Township,Lancaster County affecting 161.0 acres, receivingstream—Londanland Run. Renewal/correction issuedApril 28, 1997.
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40870301C3. Small Mountain Quarry, Inc. (125North Warren Street, West Hazleton, PA 18201), renewalof NPDES Permit #PA0593818 in Dorrance Township,Luzerne County receiving stream—Balliet Run andWapwallopen Creeks. Renewal issued May 2, 1997.
Hawk Run District Office, P. O. Box 209, Hawk Run, PA16840.Large Industrial Mineral Permits Issued:
08960805. Tom Simonds & Son Excavating (R. R. 1,Box 50B, Sayre, PA 18840), commencement, operationand restoration of a large Industrial Mineral (SurfaceExcavation, Sand and Gravel) permit in Athens Township,Clearfield County affecting 14.2 acres, application re-ceived October 7, 1996, permit issued April 24, 1997.
Hawk Run District Office, P. O. Box 209, Hawk Run, PA16840.Small Industrial Mineral Authorizations Granted:
08960805. John Heeman (R. R. 2, Box 273, Wyalus-ing, PA 18853), commencement, operation and restorationof a Small Noncoal (Bluestone) Permit in TuscaroraTownship, Bradford County affecting 1 acre, applicationreceived December 13, 1996, authorization granted April23, 1997.
Pottsville District Office, 5 West Laurel Boulevard,Pottsville, PA 17901-2454.General Small Noncoal Authorizations Granted:
58970808. Joseph Bowen (R. R. 4, Box 263, Montrose,PA 18801), commencement, operation and restoration of asmall bluestone quarry operation in Rush Township,Susquehanna County affecting 1.0 acres, receivingstream—none. Authorization granted April 28, 1997.
28970802. King Excavating (3483 Keller Road, St.Thomas, PA 17252), commencement, operation and resto-ration of a small quarry operation in St. Thomas Town-ship, Franklin County affecting 5.0 acres, receivingstream—none. Authorization granted April 28, 1997.
58970803. Ed Kozlowski (R. R. 2, Box 66, Kingsley,PA 18826), commencement, operation and restoration of asmall bluestone quarry operation in Dimock Township,Susquehanna County affecting 1.0 acres, receivingstream—none. Authorization granted May 1, 1997.
ACTIONS TAKEN UNDER SECTION401: FEDERAL WATER POLLUTION
CONTROL ACTENCROACHMENTS
Dams, Encroachments and Environmental Assess-ments
The Department of Environmental Protection has takenthe following actions on previously received Dam Safetyand Encroachment permit applications, requests for Envi-ronmental Assessment approval, and requests for WaterQuality Certification under section 401 of the FederalWater Pollution Control Act (33 U.S.C.A. § 1341(a)).
Any person aggrieved by this action may appeal, undersection 4 of the Environmental Hearing Board Act (35P. S. § 7514), and 2 Pa.C.S. §§ 501—504 and 701—704(relating to the Administrative Agency Law) to the Envi-ronmental Hearing Board, 400 Market Street Floor 2,P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through thePennsylvania Relay Service, (800) 654-5984. Appeals
must be filed with the Environmental Hearing Boardwithin 30 days of receipt of written notice of this actionunless the appropriate statute provides a different timeperiod. Copies of the appeal form and the Board’s rules ofpractice and procedure may be obtained from the Boardat (717) 787-3483. This paragraph does not, in and ofitself, create any right of appeal beyond that permitted byapplicable statutes and decisional law.
Actions on applications filed under the Dam Safetyand Encroachments Act (32 P. S. §§ 693.1—693.27)and section 302 of the Flood Plain ManagementAct (32 P. S. § 679.302) and sections 5 and 402 ofThe Clean Streams Law (35 P. S. §§ 691.5 and691.402) and notice of final action for certificationunder section 401 of the Federal Water PollutionControl Act (33 U.S.C.A. § 1341(a)). (Note: Permitsissued for Small Project do not include 401 Certi-fication, unless specifically stated in the descrip-tion).
PERMITS ISSUED AND ACTIONS ON 401CERTIFICATIONS
Northcentral Region, Water Management—Soils andWaterways, F. Alan Sever, Chief, 208 West Third St.,Williamsport, PA 17701.
Permit No. E41-394. Encroachment. Transcontinen-tal Gas Pipe Line Corp., P. O. Box 1396, Houston, TX77251-1396. To maintain concrete grout bag jacket aroundthree exposed natural gas transmission pipelines (LabeledA, B, & C), the placement of approximately 3,000 tons ofR-8 riprap over the grouting and then backfilling of theriprap with onsite sand and gravel in the streambed ofthe Loyalsock Creek (Montoursville North, PA Quad-rangle N: 5.5 inches; W: 5.6 inches) in Fairfield Town-ship, Lycoming County. This permit was issued undersection 105.13(e) ‘‘Small Projects.’’ This permit also in-cludes 401 Water Quality Certification.
Permit No. E59-337. Encroachment. Pa. Dept. ofTransportation, 715 Jordan Ave., Montoursville, PA17754. To remove the existing structure and to constructand maintain a 73 foot single span steel I-beam bridgewith a reinforced concrete deck on a 90 degree skew withan underclearance of approximately 6.7 feet across CedarRun on SR 3001 approximately 2.4 miles north of thevillage of Cedar Run (Cedar Run, PA Quadrangle N: 10.0inches; W: 11.5 inches) in Morris Township, TiogaCounty. This permit was issued under section 105.13(e)‘‘Small Projects.’’ This permit also includes 401 WaterQuality Certification.
Southwest Regional Office, Soils and Waterways Sec-tion, 400 Waterfront Drive, Pittsburgh, Pa 15222-4745.Permits Issued
Permit No. E02-1160. Encroachment. Karrington Ac-quisitions Inc., 919 Old Henderson Road, Columbus, OH43220. To place and maintain fill in approximately 0.15acre of wetlands adjacent to an unnamed tributary toTurtle Creek for the purpose of constructing the Kar-rington of Monroeville Care Facility. The project is locatedjust southwest of the intersection of King Lear Drive andMosside Boulevard (Braddock, PA Quadrangle N: 9.9inches; W: 0.4 inch) in Borough of Monroeville, Alle-gheny County.
Permit No. E02-1166. Encroachment. U. S. SteelClairton Works, Division of USX Corporation, 400 StateStreet, Clairton, Pa 15025. To operate and maintain theexisting barge loading facility and to construct andmaintain a light oil/tar barge loading facility and a
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29-foot diameter ice breaker along the left bank of theMonongahela River near river mile 19.6 (Glassport, PAQuadrangle N: 10.8 inches; W: 1.0 inch) in the City ofClairton, Allegheny County.
Permit No. E03-361. Encroachment. PA Fish & BoatCommission, 450 Robinson Ln, Bellefonte, PA 16823-9620. To remove the existing concrete launching rampand to construct and maintain a 24-foot × 74-foot concreteboat launching ramp, a paved 23 car/trailer and a 16 caronly parking lot, a 6-foot × 32-foot wooden boarding dockand necessary signs, drainage and beautifying landscap-ing in and along the Allegheny River for the purpose ofdeveloping a public fishing and boating area. The projectis located at approximately River Mile 54.7 (Templeton,PA Quadrangle N: 8.25 inches; W: 12.25 inches) in PineTownship, Armstrong County. This permit was issuedunder section 105.13(e) ‘‘small projects.’’ This permit alsoincludes 401 Water Quality Certification.
Permit No. E11-247. Encroachment. Edward J. andTina M. Shedlock, 815 West Knox Avenue, Portage, PA15946-2174. To remove the existing structure and toconstruct and maintain a 100-foot long 5-foot × 4-foot boxenclosure in an unnamed tributary to Kane Run for thepurpose of preventing flooding and improving a privateresidential property located on West Knox Avenue(Ebensburg, PA Quadrangle N: 0.4 inch; W: 6.5 inches)in Portage Township, Cambria County. This permit wasissued under section 105.13(e) ‘‘small projects.’’ This per-mit also includes 401 Water Quality Certification.
Permit No. E56-273. Encroachment. SomersetCounty Commissioners, 111 East Union Street, Ste.100, Somerset, PA 15501. To rehabilitate and maintainthe existing Pack Saddle Covered Bridge (County BridgeNo. 26) across Brush Creek (HQ-CWF). The rehabilitationconsists of constructing new abutments, adding steelI-beams and replacing the timber decking. The bridge hasa clear span of 43.3 feet and an underclearance of 8.5feet, located on T-407 at a point approximately 600 feetwest of intersection of T-407 and T-772 (Fairhope, PAQuadrangle N: 21.4 inches; W: 9.5 inches) in FairhopeTownship, Somerset County. This permit was issuedunder section 105.13(e) ‘‘small projects.’’ This permit alsoincludes 401 Water Quality Certification.
Permit No. E56-275. Encroachment. PA Departmentof Transportation, 1620 North Juniata Street, Hol-lidaysburg, PA 16648. To remove the existing structureand to construct and maintain a 16.3-foot × 8.8-foot lowprofile metal box culvert with its invert depressed 1.0 footbelow the streambed in Clear Run on SR 4001, SectionFLD, Segment 0090, Offset 1426. This permit also autho-rizes the construction and maintained of a temporaryroadway crossing consisting of two 42-inch C. M. pipes inClear Run downstream from the proposed structure. Theproject is located approximately 3 miles northeast of theVillage of Bakersville (Bakersville, PA QuadrangleN: 13.5 inches; W:7.3 inches) in Jefferson Township,Somerset County. This permit was issued under section105.13(e) ‘‘small projects.’’ This permit also includes 401Water Quality Certification.
Northeast Regional Office: Regional Soils and Water-ways Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, telephone (717) 826-5485.
E45-304. Encroachment. West End Fire Company,Inc., HCR 1, Box 20, Brodheadsville, PA 18322. Toconstruct and maintain a 6-inch PVC water intake struc-ture in an offstream pond (known as Robinwood Lake)along McMichael Creek to be used as a dry hydrant for
fire protection. The project is located on the east side ofS. R. 0715, approximately 800 feet south of its intersec-tion with S. R. 3026 (Brodheadsville, PA QuadrangleN: 18.8 inches; W: 3.4 inches) in Chestnuthill Township,Monroe County.
E48-241. Encroachment. Sawmill Golf Course, 5630Sullivan Trail, Easton, PA 18040. To place approximately6,000 cubic feet of fill in the floodway and adjacentwetlands of Little Bushkill Creek for the purpose ofconstructing a golf green, and to construct and maintainthree wetland crossings in accordance with General Per-mit BDWM-GP-7 (Minor Road Crossings). The totalwetland impact is approximately 0.10 acre. The project islocated at the Sawmill Golf Course, approximately 0.2mile southeast of the intersection of S. R. 0191 and S. R.1005 (Wind Gap, PA Quadrangle N: 2.6 inches; W: 2.8inches) in Plainfield Township, Northampton County.The permittee is required to provide 0.10 acre of replace-ment wetlands.
Southeast Regional Office: Program Manager, WaterManagement Program, Lee Park, Suite 6010, 555 NorthLane, Conshohocken, PA 19428.
E15-525. Encroachment Permit. Rouse/Chamberlin,Inc., 500 Exton Commons, Exton, PA 19341. To relocateapproximately 1,250 linear feet of an unnamed tributaryto Pickering Creek (WWF) through a portion of thestormwater management system associated within theproposed Moorehall at Valley Forge residential subdivi-sion. A 1,410-foot long reinforced concrete stream enclo-sure, consisting of pipes varying in diameter between 42inches and 60 inches, will be used to convey the streamflow to a proposed non-scope dam/storm water detentionbasin situated at the enclosure terminus. The project siteis located along the right side of the Nutt Road (S. R.0023) in the vicinity of the intersection with the WhiteHorse Road (T-552) (Valley Forge, PA Quadrangle N: 22.1inches; W: 17.0 inches) in Schuylkill Township, ChesterCounty.
Southcentral Regional Office: Water Management Pro-gram, Soils and Waterways Section, One Ararat Boule-vard, Room 126, Harrisburg, PA 17110, telephone (717)657-4590.
E06-477. Encroachment. Delaware County SolidWaste Authority, 1521 North Providence Road, Media,PA 19063. To place and maintain fill in approximately0.15 acre of wetlands at the Colebrookdale Landfill(Boyertown, PA Quadrangle N: 20.5 inches; W: 12.9inches) in Earl Township, Berks County. The permitteewill provide 0.15 acre of replacement wetlands.
E06-487. Encroachment. Adeline Grassi, P. O. Box 39,Bernville, PA 19506. To relocate approximately 200 feet ofchannel of a tributary to North Creek at a point down-stream of Route 183 (Strausstown, PA QuadrangleN: 13.4 inches; W: 1.9 inches) in Jefferson Township,Berks County. This permit also includes 401 WaterQuality Certification.
E21-260. Encroachment. PA Dept. of Transportation,Engineering District 8-0, John Rautzahn, 2140 HerrStreet, Harrisburg, PA 17103. To remove the existingstructure and to construct and maintain a prestressedconcrete spread box beam bridge having a centerline spanof 35 feet on an 80 degrees skew with a minimumunderclearance of 3 feet, 9.5 inches across Mt. RockSpring Creek on SR 0641, Section 003, Segment 0360,Offset 0000 located about 0.8 mile west of PlainfieldVillage (Plainfield, PA Quadrangle N: 14.36 inches;W: 8.0 inches) in West Pennsboro Township, (Cumber-
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land County. This permit was issued under section105.13(e) ‘‘small projects.’’ This permit also includes 401Water Quality Certification.
E22-358. Encroachment. Robert Dido, 202 OakleighAvenue, Harrisburg, PA 17111. To construct a 16 foot × 18foot addition to an existing residence in the floodway ofSpring Creek at a point at the intersection of OakleighAvenue and Rutherford Street (Harrisburg East, PAQuadrangle N: 1.7 inches; W: 9.6 inches) in SwataraTownship, Dauphin County. This permit was issuedunder section 105.13(e) ‘‘small projects.’’ This permit alsoincludes 401 Water Quality Certification.
E22-361. Encroachment. Harrisburg Enterprise De-velopment Corporation, Mayor’s Office of EconomicDevelopment, 10 North Second Street, Harrisburg, PA17101. To remove an existing building and construct andmaintain a building in the floodway of Paxton Creek at apoint downstream of Sycamore Street (Harrisburgh East,PA Quadrangle N: 0.0 inches; W: 16.2 inches) in the Cityof Harrisburg, Dauphin County. This permit was issuedunder section 105.13(e) ‘‘small projects.’’ This permit alsoincludes 401 Water Quality Certification.
E36-624. Encroachment. MJT Associates, Inc., DanielC. Gohn, P. O. Box 128, Mount Joy, PA 17552. To regradeand fill a deminimus area of wetlands less than or equalto 0.05 acre for development of a retirement village to belocated along the east side of Sheaffer Road (T-855) atintersection with Ridge Road (T-855) (Elizabethtown, PAQuadrangle N: 5.4 inches; W: 10.1 inches) in Mount JoyTownship, Lancaster County.
E36-626. Encroachment. Parkway Development Cor-poration, Joseph Nadu, Lancaster County, 1730 Colum-bia Avenue, Lancaster, PA 17603. To fill a deminimus areaof wetlands less than or equal to .05 acre and to removean open water pond for grading and construction of astormwater detention basin within the Willow Run subdi-vision. The development is located south of Willow Streetand along the east side of Willow Street Pike (SR 272)(Conestoga, PA Quadrangle N: 16.8 inches; W: 3 inches)in Pequea and West Lampeter Townships, LancasterCounty. This permit also includes 401 Water QualityCertification.
ENVIRONMENTAL ASSESSMENT
ENVIRONMENTAL ASSESSMENT APPROVALSAND ACTIONS ON 401 CERTIFICATION
Central Office: Bureau of Waterways Engineering, 400Market Street, 6th Floor, P. O. Box 8554, Harrisburg, PA17105-8554, telephone (717) 787-8568
EA09-011CO. Environmental Assessment. BucksCounty Technical School (610 Wistar Road, FairlessHills, PA 19030). To construct and maintain anonjurisdictional dam in the watershed of a Tributary tothe Delaware Estuary (WWF) impacting approximately0.16 acre of wetlands (PEM) for the purpose ofstormwater management at the proposed Bucks CountyTechnical School expansion located approximately 1,000feet southwest of the intersection of New Falls Road(S. R. 2006) and Wistar Road (T-331) (Trenton West,NJ-PA Quadrangle N: 6.1 inches; W: 14.0 inches) inBristol Township, Bucks County. The applicant made acontribution to the Pennsylvania Wetland ReplacementProject as compensatory mitigation for wetland impacts.
SPECIAL NOTICES
CERTIFICATION TO PERFORM RADON-RELATEDACTIVITIES IN PENNSYLVANIA
In the month of April 1997 the Department of Environ-mental Protection of the Commonwealth of Pennsylvania,under the authority contained in the Radon CertificationAct (63 P. S. §§ 2001—2014) and regulations promulgatedthereunder at 25 Pa. Code Chapter 240, has certified thepersons listed below to perform radon-related activities inPennsylvania. The period of certification is 2 years. For acomplete list of persons currently certified to performradon-related activities in Pennsylvania and for informa-tion as to the specific testing devices that persons certi-fied for testing or laboratory are certified to use, contactthe Bureau of Radiation Protection, Radon Division, P. O.Box 8469, Harrisburg, PA 17105-8469, (1-800)-23RADON).
Name AddressType ofCertification
Jay F. Bauder 585B MountainTrail RoadNewmanstown, PA17073
Mitigation
Brian BacchusSunn RadonCompany
10475 PerryHighway, Suite 305Wexford, PA 15090
TestingMitigation(firm only)
Chuck Berthoud 47 BrooksideAvenueHershey, PA 17033
Testing
G. Frank Burditt, Jr. 387 Winfred ManorDriveBethel Park, PA15102
Testing
Jimmie L. Camp 6028 Forest DriveMonaca, PA 15061
Testing
Thomas Clarke 29 Lake ValhallaEast Stroudsburg,PA 18301
Testing
Richard D. Cuthbert 351 West 10thStreetErie, PA 16502
Leonard D.HornbergerLDH Waterproofing& Radon Control
218D West MainStreetLeola, PA 17540
Mitigation
Peter MuehlbronnerAllState HomeInspections, Inc.
704 Roslyn AvenueGlenside, PA 19038
Testing
Ira NerenbergAmeriSpec ofNortheast PA
55 Indian DriveGreentown, PA18426
Testing
Brian ReussHousemaster HomeInspections
200 RavencroftCourtCranberry Twp., PA16066
Testing
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Name AddressType ofCertification
Jules Samitz P. O. Box 471Lafayette Hill, PA19444
Testing
Ronald Segada 425 3rd StreetCresson, PA 16630
Testing
Allan G. Valunas 510 Charl DriveShavertown, PA18708
Testing
Suspension of Certification to Perform Radon-Related Activities in Pennsylvania
In the month of April 1997, the Department of Environ-mental Protection of the Commonwealth of Pennsylvania,under the authority contained in the Radon CertificationAct (63 P. S. §§ 2001—2014) and regulations promulgatedthereunder at 25 Pa. Code § 240.203(b), suspended thecertification of the person or persons listed below toperform radon-related activities in Pennsylvania.
Name AddressType ofCertification
Joseph Baicker P. O. Box 900Rocky Hill, NJ08553
Laboratory
[Pa.B. Doc. No. 97-774. Filed for public inspection May 16, 1997, 9:00 a.m.]
Areas Unsuitable for Mining; Muddy Run Water-shed, Cambria and Clearfield Counties
The Department of Environmental Protection (Depart-ment), Bureau of Mining and Reclamation, has acceptedfor technical study a petition to designate the Muddy Runwatershed in Reade Township, Cambria County, and theupper portion of the Muddy Run watershed in Beccariaand Gulich Townships, Clearfield County, as an areaunsuitable for surface mining operations. The petitionstudy area includes approximately 5,127 acres (2,075hectares) located south of Township Road T534. Thisstudy is in response to Petition No. 11969901 submittedby James Thompson on behalf of the Reade TownshipMunicipal Authority for the protection of public watersupply wells. The petitioner alleges that mining couldresult in the degradation and loss of surface and ground-water resources, including aquifers and aquifer rechargeareas used for the public water supply.
The Department will review the factual allegations inthe petition, conduct a technical study, and hold a publichearing to determine whether a recommendation to desig-nate the area as unsuitable for surface mining operationsshould be submitted to the Environmental Quality Board.The public hearing will be held within 10 months ofacceptance of the petition.
Any person with an interest within the petition areawhich may be affected by a designation may become anintervenor, for or against these proceedings, by filingallegations of fact, supporting evidence, a short statementidentifying the petition to which the allegations pertain,their interests which could be affected, and a request forintervenor status including name, address and phonenumber. Requests for intervenor status will be accepted
until 3 days before the public hearing on the petition.
The public record on this petition is open for publicreview during regulation business hours at the EbensburgDistrict Mining Office, 437 South Center Street, P. O. Box625, Ebensburg, PA 15931, and at the Bureau of Miningand Reclamation, Room 213 Executive House, P. O. Box8461, Harrisburg, PA 17105-8461. For further informationcall (717) 787-4761. Persons with a disability may use thePennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) andrequest that the call be relayed to Mr. McCommons at(717) 787-4761.
This notice is given under the Surface Mining Conser-vation and Reclamation Act (52 P. S. §§ 1396.1—1396.19a), The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Coal Refuse Disposal Act (52 P. S.§§ 30.51—30.66) and the regulations promulgated there-under.
JAMES M. SEIF,Secretary
[Pa.B. Doc. No. 97-775. Filed for public inspection May 16, 1997, 9:00 a.m.]
Availability of Technical Guidance
Governor’s Office List
Once a year on the first Saturday in August, theGovernor’s Office publishes a list of the nonregulatoryguidance documents of all State agencies in the Pennsyl-vania Bulletin. The first publication of this list was in theAugust 3, 1996, edition of the Pennsylvania Bulletin. Thenext publication of this list will be in the August 2, 1997,Pennsylvania Bulletin.
DEP’s Technical Guidance Document Inventory
DEP publishes a list of its technical guidance docu-ments in its Technical Guidance Document Inventorytwice a year. The most recent edition of the Inventory isthe December 1996 edition. This edition is now availableon DEP’s World Wide Web site. DEP’s Web address ishttp://www.dep.state.pa.us. To go to the location of theInventory once on the DEP home page, persons shouldchoose the Public Participation Center/Technical Guid-ance Document/Basic Inventory.
Bound paper copies of the Inventory are available nowfor those who do not have access to the Web site. DEPautomatically mails a paper copy of the December 1996Inventory to persons who received a bound paper copy ofthe June 1996 Inventory. Persons who wish to add theiraddress to the mailing list should call Nina Huizinga at(717) 783-8727.
DEP’s Technical Guidance Documents on the World WideWeb
DEP’s Web address is http://www.dep.state.pa.us. To goto the location of DEP’s Technical Guidance Documentsonce on the DEP home page, persons should choose thePublic Participation Center. The Center contains severallinks to DEP’s Technical Guidance Documents. Personsshould look under the heading ‘‘Proposals Open to Com-ment’’ for the link to ‘‘Draft Technical Guidance.’’ Personsshould look under the heading ‘‘Proposals Recently Final-ized’’ for the link to ‘‘Technical Guidance.’’ Persons shouldlook under the heading ‘‘Technical Guidance’’ for one linkto the ‘‘Basic Inventory’’ and a second link to ‘‘Final
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Guidance.’’ The final documents menu will list DEP’sbureaus. Persons should click on the name of the bureauto get to the list of the documents from that bureau thatare currently on the Web. Then, to get to see a document,persons should click on the ID number of the document.DEP will be adding its revised documents to the Webthroughout 1997.
Help Protect the Environment: Use the Web and SaveTrees
DEP encourages members of the public who read theseannouncements in the Pennsylvania Bulletin and DEP’sUPDATE and who have access to the World Wide Web toavoid the needless duplication of paper copies of DEP’stechnical guidance documents. Persons can downloadthose DEP documents which are posted on DEP’s Website onto their computers and read them electronically.This method saves both paper and money.
Ordering Paper Copies of DEP Technical Guidance
Although DEP promotes the use of electronic copies ofits technical guidance rather than paper copies, there arestill reasons for DEP to continue to provide members ofthe public with paper copies: 1) It may be more conve-nient to use some documents in a paper form, 2) Noteveryone has access to the World Wide Web and 3) Notall DEP documents are on DEP’s Web site yet.
Persons can order an unbound paper copy of the latestInventory or an unbound paper copy of any of the finaldocuments listed on the Inventory by calling DEP at (717)783-8727. [ Note: This is a change. DEP is now filingthese orders in-house. Persons who placed an order withElwyn, Inc. (the previous printer) on or after April 15,1997 will have their order forwarded to DEP. ]
In addition, bound copies of some of DEP’s documentsare available as DEP publications. Persons should checkwith the appropriate bureau for more information aboutthe availability of a particular document as a publication.
Changes to Technical Guidance Documents
Between publication of its Inventory, DEP announceschanges to its technical guidance documents in its weeklynewsletter, the UPDATE and the Pennsylvania Bulletin.Here is the current list of recently finalized documents,draft documents and notices of intended changes totechnical guidance.
Persons who have any questions or comments about aparticular document should call the contact person whosename and phone number is listed with each document.Persons who have questions or comments about theInventory, the documents on the World Wide Web, theavailability of paper copies from the printer or thetechnical guidance document process in general shouldcall Nina Huizinga at (717) 783-8727.
Final Technical Guidance—New Guidance
DEP ID: 012-0830-002 Title: Data Standards forPennsylvania Municipality Codes and NamesDescription: Municipality Codes and Names data for allincorporated Pennsylvania municipalities will originateand be incorporated into all DEP electronic databasesystems that utilize municipality data, based upon Man-agement Directive M315.1, Municipal Tax Rate Sched-ules, published and updated by the Office of the Budget.Related Guidance Documents: Management DirectiveM315.1 and Extract of Management Directive M315.1Please note that the Extract of the Management DirectiveM315.1 is published and distributed with this technical
guidance to aid in the use of the municipality codes andnames. Effective Date: April 18, 1997 Page Length: 3pages (The Extract of Management Directive M315.1 is28 pages long.) Location: Volume 01, Tab 11Contact: Kimberly Nelson at (717) 787-3534.
Final Technical Guidance—Revisions to Existing Guid-ance
DEP ID: 361-2000-011 Title: Technical ReferenceGuide for the Pennsylvania Single Discharge ToxicsModel (when inquiring refer to PENTOXSD TRG)Description: The Department uses PENTOXSD to deter-mine recommended NPDES effluent limitations for toxicsand other substances based on water quality criteria andother instructions published in Chapters 93, 95 and 16(Statement of Policy). Effective Date: January 9, 1995Page Length: 65 pages (including all appendices and anattachment titled ‘‘Important Technical Issues and Proce-dures’’ Location: Volume 31, Tab 8 Contact: Ed Brezinaat (717) 787-9637.
DEP ID: 257-2212-501 Title: County Option to Retainto Eliminate Municipal Waste Flow ControlDescription: This policy revision gives counties the optionto retain or eliminate municipal waste flow control aspart of the county municipal waste management plan.Effective Date: April 11, 1997 Page Length: 2 pagesLocation: Volume 6, Tab 30 Contact: Josephine Valenciaat (717) 787-9870.
Draft Technical Guidance
DEP ID: 562-3000-105 BMR PGM: I:01:05 Title: FieldEvaluations of Pit Size Variances Background: This docu-ment is being revised to improve clarity and combineimportant portions of another PGM: Pit Variance/Equipment Removal (Section I, Part I, Subpart 6). Thiswill result in one less PGM and put all importantinformation in one place. Deadline for Submittal ofComments: June 19, 1997 Contact: John Meehan at(717) 783-9388.
Notice of Intent to Revise Technical Guidance
DEP ID: 562-4180-306 BMR PGM I:3:6 Title: CivilPenalty Assessments Background: This guidance is nec-essary to establish procedures for the calculation andassessment of civil penalties. The regulations are in theprocess of being changed. This revision is necessary tobring the existing document in line with the proposedregulations. Anticipated Effective Date: October 31, 1997or upon approval of the revised regulations if afterOctober 31, 1997 Anticipated Draft DevelopmentDate: June 16, 1997 Proposed Development and ReviewProcess: This document will be reviewed by the Pennsyl-vania Coal Association, Mine Operators, the Public, FieldOperations and the Bureau of Mining and Reclamation.Contact: Michael Terretti at (717) 787-7846.
DEP ID: 254-2212-504 Title: Approval of Act 101 Mu-nicipal Waste Management Plan RevisionsBackground: The Division of Waste Minimization andPlanning reviewed two existing technical guidancedocuments: DEP ID: 257-2212-501 (Approval of Act 101Municipal Waste Management Plans) and DEP ID: 254-2212-504 (Approval of Municipal Waste ManagementPlan Revisions). The Division concluded that the guid-ances are outdated or voided by recent court decisions,need to be updated to deal with the pending rewriting ofthe 10-year plans and need to be revised to implementrecommendations of the Municipal Waste Stakeholders intheir report to the Secretary. Moreover, to promote consis-tency and clarity, all of the information in both guidances
NOTICES 2477
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
will be incorporated into DEP ID 254-2212-504. DEP ID257-2212-501 now contains other information and istitled‘‘County Option to Retain or Eliminate MunicipalWaste Flow Control.’’ (See above.)
JAMES M. SEIF,Secretary
[Pa.B. Doc. No. 97-776. Filed for public inspection May 16, 1997, 9:00 a.m.]
Bureau of Deep Mine Safety; Schedule of Cus-tomer Roundtable Meetings
The Bureau of Deep Mine Safety has completed ananalysis of responses to its customer needs survey thatwas distributed to its clients during November 1996. TheBureau is seeking additional input from its customers.Several public roundtable meetings will be conducted toclarify the survey responses and define possible programimprovements in the Bureau of Deep Mine Safety.
The roundtable meetings are scheduled as follows:June 18— Bituminous Region
Four Points HotelRoute 30E, 100 Sheraton DriveGreensburg, PA 15601Keystone RoomsTime: 1 p.m. to 4 p.m.
June 19— Industrial Minerals (Metal/Non-Metal)Region
Ramada InnExit 10, PA TurnpikeSomerset, PA 15501Somerset BallroomTime: 1 p.m to 4 p.m.
June 25— Anthracite RegionPA Dept of Environmental ProtectionConference Room5 West Laurel Blvd.Pottsville, PA 17901Time: 1 p.m. to 4 p.m.
Interested persons may attend one or more of theseroundtable discussions. The Department views publicinput as very important to the development of ourbusiness plan.
Questions concerning this schedule can be directed toMatthew Bertovich at (412) 439-7469 or E-mail [email protected]. This schedule will be avail-able through the Public Participation Center on DEP’sWorld Wide Web site at http://www.dep.state.pa.us.
Persons in need of accommodations as provided for inthe Americans With Disabilities Act of 1990 shouldcontact Matthew Bertovich directly at (412) 439-7469 todiscuss how the Department may accommodate theirneeds.
JAMES M. SEIF,Secretary
[Pa.B. Doc. No. 97-777. Filed for public inspection May 16, 1997, 9:00 a.m.]
Proposed General Plan Approval and General Op-erating Permit; Petroleum Dry Cleaning; BAQ-GPA/GP-6
The Department of Environmental Protection (Depart-ment) proposes to issue general plan approvals andoperating permits for petroleum dry cleaning plants(hereinafter referred to as ‘‘Petroleum Dry Cleaning Gen-eral Permit’’). This general plan approval and operatingpermit, authorized under section 6.1(f) of the Air Pollu-tion Control Act, is limited to plants that are not majorvolatile organic compound (VOC) or major hazardous airpollutant (HAP) emitting facilities as defined in 25Pa. Code § 121.1. That is, those facilities whose potentialyearly emissions are less than:
a. 25 tons of VOC in the counties of Bucks, Chester,Delaware, Montgomery and Philadelphia.
b. 50 tons of VOC in all remaining counties.c. 10 tons of any one HAP or 25 tons of any combina-
tion of HAP’s throughout the state.The proposed general plan approval and operating
permit contains conditions which prescribe applicableperformance standards, emission limits, monitoring,recordkeeping and reporting requirements.
Prior to operating under the Petroleum Dry CleaningGeneral Permit, the owner or operator of the source mustnotify the Department and receive prior written approvalfrom the Department before commencing to operate theaffected facility. Notification of the facility’s intent to usethe general permit and plan approval must be submittedon a form provided by the Department. Petroleum drycleaning plants operating under this general permit shallcomply with the terms and conditions of the general planapproval and general operating permit.
Authorization to operate under the Petroleum DryCleaning General Permit will be valid for a term of 5years. The Department proposes to establish application,permit renewal and annual general operating permitadministrative fees as follows:
a. Two hundred fifty dollars during the 1995—1999calendar years.
b. Three hundred dollars during the 2000—2004 calen-dar years.
c. Three hundred seventy-five dollars beginning in the2005 calendar year.
Within 30 days of the expiration date of the authoriza-tion to operate under the general plan approval andgeneral operating permit, the permittee must renew theauthorization if the facility intends to continue to operateunder the Petroleum Dry Cleaning General Permit.
A complete copy of the Petroleum Dry Cleaning GeneralPermit may be obtained by contacting Kimberly Maneval,Division of Permits, Bureau of Air Quality, 12th FloorRachel Carson State Office Building, P. O. Box 8468,Harrisburg, PA 17105-8468, telephone (717) 787-4325.TDD users may telephone the Department throughthe AT&T Relay Service, (800) 654-5984. Internetusers can access a copy of the general permit athttp:\\www.dep.state.pa.us.
The Department requests written comments on theproposed general plan approval and operating permit.Notice and opportunity for comment will also be providedto the United States Environmental Protection Agencyand the States of Delaware, Maryland, New Jersey, NewYork, Ohio, Virginia and West Virginia. Interested per-
2478 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
sons may submit written comments, suggestions or objec-tions to Douglas L. Lesher, Chief, Title V/NSR Section,Division of Permits, Bureau of Air Quality, 12th FloorRachel Carson State Office Building, P. O. Box 8468,Harrisburg, PA 17105-8468, (717) 787-4325. The Depart-ment will also consider written requests that a publichearing be held concerning this proposed general planapproval and operating permit. Public comments must besubmitted to the Department within 45 days of the dateof this notice in the Pennsylvania Bulletin. Commentsreceived by facsimile will not be accepted.
JAMES M. SEIF,Chairperson
[Pa.B. Doc. No. 97-778. Filed for public inspection May 16, 1997, 9:00 a.m.]
Proposed General Plan Approval and General Op-erating Permit; Portable Nonmetallic MineralProcessing Plants; BAQ-GPA/GP-3
The Department of Environmental Protection (Depart-ment) proposes to issue general plan approvals andoperating permits for nonmetallic mineral processingplants (hereinafter referred to as ‘‘Portable NonmetallicMineral Processing Plant General Permit’’). This generalplan approval and operating permit, authorized undersection 6.1(g) of the Air Pollution Control Act, will applyto the erection, operation and modification of portablenonmetallic mineral processing plants: a) temporarily (nolonger than 24 months) located at construction sites;and/or, b) for periods less than 5 years at sites previouslygranted air quality or mining permits. Nonmetallic min-eral processing plants, as defined in 40 CFR §§ 60.670and 60.671, are designed to process nonmetallic minerals,and consist of affected units like crushers, grinders,screening operations, belt conveyors, bucket elevators,storage bins, bagging operations, and enclosed truck andrail car loading stations.
The proposed general plan approval and operatingpermit contains conditions which prescribe applicableperformance standards, emission limits, monitoring,recordkeeping and reporting requirements.
Prior to operating under the Portable NonmetallicMineral Processing Plant General Permit, the owner oroperator of the source must notify the Department andreceive prior written approval from the Department be-fore commencing to construct or operate the affectedfacility. Notification of the facility’s intent to use thegeneral permit and plan approval must be submitted on aform provided by the Department. Nonmetallic mineralprocessing plants operating under this general permitshall comply with the terms and conditions of the generalplan approval and general operating permit.
The Portable Nonmetallic Mineral Processing PlantGeneral Permit may not be used by any source that issubject to the requirements of 25 Pa. Code Chapter 127,Subchapter D (relating to prevention of significant dete-rioration), 25 Pa. Code Chapter 127, Subchapter E (relat-ing to new source review) and 25 Pa. Code Chapter 127,Subchapter G (relating to Title V operating permits).
The Portable Nonmetallic Mineral Processing PlantGeneral Permit will be issued for a term of 5 years. TheDepartment proposes to establish application, permitrenewal and annual general operating permit administra-tive fees as follows:
a. Seven hundred fifty dollars during the 1997—1999calendar years.
b. Eight hundred fifty dollars during the 2000—2004calendar years.
c. One thousand seventy-five dollars beginning in thecalendar year 2005.
Within 30 days of the expiration date of the generalplan approval and general operating permit, the permit-tee must renew the general permit if the facility intendsto continue to operate under the Portable NonmetallicMineral Processing Plant General Permit.
A complete copy of the Portable Nonmetallic MineralProcessing Plant General Permit may be obtained bycontacting Kimberly Maneval, Division of Permits, Bu-reau of Air Quality, 12th Floor Rachel Carson State OfficeBuilding, P. O. Box 8468, Harrisburg, PA 17105-8468,telephone (717) 787-4325. TDD users may telephone theDepartment through the AT&T Relay Service (800) 654-5984. Internet users can access a copy of the generalpermit at http:\\www.dep.state.pa.us.
The Department requests written comments on theproposed general plan approval and operating permit.Notice and opportunity for comment will also be providedto the U. S. Environmental Protection Agency and theStates of Delaware, Maryland, New Jersey, New York,Ohio, Virginia and West Virginia. Interested persons maysubmit written comments, suggestions or objections toDouglas L. Lesher, Chief, Title V/NSR Section, Division ofPermits, Bureau of Air Quality, 12th Floor Rachel CarsonState Office Building, P. O. Box 8468, Harrisburg, PA17105-8468, (717) 787-4325. The Department will alsoconsider written requests that a public hearing be heldconcerning this proposed general plan approval and oper-ating permit. Public comments must be submitted to theDepartment within 45 days of the date of this notice inthe Pennsylvania Bulletin. Comments received by fac-simile will not be accepted.
JAMES M. SEIF,Chairperson
[Pa.B. Doc. No. 97-779. Filed for public inspection May 16, 1997, 9:00 a.m.]
Proposed Industrial Mineral General Permit; Noticeof Public Meetings
The Department of Environmental Protection will holdpublic meetings to take comments on proposed proceduralguidelines for a new industrial mineral surface mininggeneral permit.
The proposed changes to the Nocoal Regulations (25 Pa.Code Chapter 77) include the authorization to developgeneral permits. The Department is currently developinga general permit, which can be implemented once theproposed regulations are adopted and the official publicnotice requirements of the general permit are satisfied.
The general permit will be for the surface miningactivities associated with the removal of minerals to beused on a specific construction project. The duration ofthe mineral extraction will be less than 1 year and thepotential environmental impact from the mining is mini-mal.
The Department will introduce the proposed generalpermit and receive comments on how to improve thegeneral permit at seven public meetings scheduled for
NOTICES 2479
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
late May and early June. The meetings will be held from1 p.m. to 4 p.m. Evening meetings will be held at severalof the locations to maximize the opportunity for the publicto attend. The evening meetings will be from 6 p.m. to 9p.m.
A list of the meeting locations and dates follows:
• Erie County—Monday, May 19, 1 p.m. and 6 p.m.,Holiday Inn, I-90, Exit 7, Erie
• Luzerne County—Tuesday, May 20, 1 p.m. and 6p.m., at the Genetti’s Best Western Hotel, 77 E. MarketSt. in The Castle Room, Wilkes-Barre
• Dauphin County—Wednesday, May 21, 1 p.m., at theRachel Carson State Office Building, 400 Market St.,Harrisburg
• Clinton County—Tuesday, May 27, 1 p.m. and 6 p.m.,Lamar Comfort Inn, Route 64, Lamar
Copies of the proposed general permits are availablefrom Chris Yeakle, DEP District Mining Operations, P. O.Box 669, Knox, PA 16123 or by e-mail [email protected] or on the DEP website, PublicParticipation Center. Written comments may be submit-ted by June 23 to Chris Yeakle. For more information orfor persons in need of accommodations as provided for inthe Americans With Disabilities Act of 1990 shouldcontact Chris Yeakle at (814) 797-1191 or through thePennsylvania AT&T Relay Service at (800) 654-5984(TDD) to discuss how the Department may accommodatetheir needs.
JAMES M. SEIF,Secretary
[Pa.B. Doc. No. 97-780. Filed for public inspection May 16, 1997, 9:00 a.m.]
Retention of a Mechanical and Electrical Engineering Firm; Request for Proposals
Project Reference No. DEP-BWE-97:1The Department of Environmental Protection hereby issues this Request for Proposals to retain a mechanical and
electrical engineering firm to conduct annual inspections of pumping stations located throughout the Commonwealth andprovide consulting services, design services and construction services regarding mechanical and electrical issues asneeded. The Director, Bureau of Waterways Engineering, will identify and assign the work at each of the following floodprotection pumping stations, as required.
Pump SizeColumn—
Station Driver No. of CapacityPriority Community County Type Type Pumps Inches—GPM
1. Cheltenham Township Montgomery stormwater motor 3 20—9,0002. Stroudsburg Borough Monroe stormwater motor 2 6—8003. Everett Borough Bedford flood control engine 3 24—15,0004. Sayre Borough Bradford stormwater motor 1 10—1,5005. Danville Borough Montour flood control engine 3 60—100,0006. Smithfield Township
Pennsylvania AvenueHuntingdon stormwater motor 3 14—4,200
7. Smithfield TownshipMount VernonAvenue
Huntingdon stormwater motor 3 16—5,000
The Department has limited funds for these servicesand, as a result, may change the pumping station priorityor may not require that all pumping stations be includedin these services. All pumping stations will require an-nual inspections. Consulting services, design services andconstruction services may not be required every year. Thework will be reviewed by the engineering staff of theBureau for acceptability and approval.
The firm will be required to perform many of thefollowing duties:Annual Inspections and ReportsNondestructive and nonevasive testing including vibra-tion and shock pulse testingEquipment and systems operational statusReview of operation and maintenance proceduresConsulting ServicesSite visits and minutesField surveys
Problem solving and evaluating alternativesEmergency responseInvestigations and reports
Design Services
Equipment selection or modificationPreparation of contract documents for bidding includingdrawings, specifications, costsPreparation of operation and maintenance manuals
Construction Services
Installing, testing, start-up and operation of equipmentand systemsReview of shop drawings and catalog cutsAttendance at job conferences
Key personnel must be registered professional mechani-cal or electrical engineers in Pennsylvania with consider-able experience. Upon assignment of a specific project,personnel must be capable of completing all work on time.
2480 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
The contract will be a multiple-year contract for aperiod of 3 years with an anticipated effective date of July1, 1997 and termination date of June 30, 2000. Theextent of the work for the second and third year will bedependent upon the availability of funds and work assign-ments. The contract period may be renewed for up to twoadditional consecutive terms, with a final terminationdate of June 30, 2002, upon the same terms and condi-tions set forth in the contract, dependent upon theavailability of funds and work assignments.
The contract will be based on the hours of service andqualifying expenses not exceeding the contract amount.
Contract services shall include, but not be limited to, apreliminary meeting in the office of the Director, Bureauof Waterways Engineering, Suite 116, Executive House,101 S. Second Street, Harrisburg, PA 17101-2513.
Preproposal Site Visits
The preproposal site visits will be conducted at each ofthe stations from 10 a.m. until 12 noon based on thefollowing schedule:
Cheltenham Township May 27, 1997Stroudsburg Borough May 28, 1997Sayre Borough May 29, 1997Danville Borough June 3, 1997Smithfield Township
Pennsylvania Ave.10 a.m.—June 4, 1997
Smithfield TownshipMount Vernon Ave.
11 a.m.—June 4, 1997
Everett Borough June 5, 1997
The Department recently completed a mechanical andelectrical evaluation and assessment report of the condi-tion of each of the pumping stations. Onsite investigationand nondestructive, nonevasive testing of the mechanicaland electrical equipment was conducted. This same typeof tests will be required for the annual inspections. Thereport indicates that there are equipment or fixtures inthe station that need to be added or that require repair orreplacement. A copy of the report will be made availablefor review at each of the stations during the preproposalsite visits.
General Requirements and Information
The Commonwealth of Pennsylvania is an ‘‘Equal Op-portunity Employer’’ and requires conformance with allState and Federal laws prohibiting discrimination inhiring or employment opportunities.
Firms shall maintain the highest standards of integrityin the performance of this service and shall take no actionin violation of State or Federal laws, regulations or otherrequirements that govern contracting with the Common-wealth.
Firms with out-of-state headquarters or corporationsnot incorporated in Pennsylvania must include with eachLetter of Interest a copy of their registration to dobusiness in the Commonwealth as provided by the De-partment of State.
Firms interested in performing the required services forthis project are invited to submit proposals to Michael D.Conway, Director, Bureau of Waterways Engineering,P. O. Box 8460, Harrisburg, PA 17105-8460.
The Bureau of Waterways Engineering is located inRoom 116, Executive House, 101 S. Second Street, Harris-burg, PA 17101-2513.
A complete proposal shall consist of the followinginformation:
1. Letter of Interest
Each Letter of Interest must include the firm’s FederalIdentification Number and the Project Reference Number.The Letter of Interest shall also include three examplesand brief descriptions of the most recently completedprojects similar to the services being requested. Descrip-tions shall include the client with contact persons andphone numbers, the cost of the work performed by thefirm, the project manager, and names and positions of allpersonnel who made major contributions to the project.
2. Standard DGS Forms 150 and 150-S
Standard DGS forms must accompany the Letter ofInterest and shall indicate the individual in charge.
3. SERB Information
Commitment to enhance Socially/Economically Re-stricted Businesses (SERB).
The Commonwealth of Pennsylvania strongly encour-ages the submission of proposals by SERBs. To achievethe objective of enhancing SERB participation, the Com-monwealth has established SERB utilization as a selec-tion criteria in the evaluation process.
The Bureau of Contract Administration and BusinessDevelopment (BCABD) will evaluate the criteria and willassign a point value to be considered within the overalltotal point tabulation.
Proposals submitted by individuals claiming SERBstatus or proposals submitted by individuals reflectingjoint venture and subcontracting opportunities withSERBs must submit documentation verifying their claim.
SERBs are businesses whose economic growth anddevelopment has been restricted based on social andeconomic bias. Such businesses are BCABD certifiedminority and women-owned businesses and certain re-stricted businesses whose development has been impededbecause their primary or headquarter facility is physicallylocated in an area designated by the Commonwealth asbeing in an enterprise zone. Businesses will not beconsidered socially/economically restricted if one of theconditions listed below exists:
The business has gross revenues exceeding $4,000,000annually.
The concentration of an industry is such that morethan 50% of the market is controlled by the same type ofSERB (Minority Business Enterprise (MBE)/Women Busi-ness Enterprise (WBE)) or businesses within designatedenterprise zones.
Proposers not considered to be socially/economicallyrestricted businesses seeking to identify such businessesfor joint ventures and subcontracting opportunities areencouraged to contact the Department of General Ser-vices, Bureau of Contract Administration and BusinessDevelopment, Room 502, North Office Building, Harris-burg, PA 17125, phone (717) 787-7380, FAX (717) 787-7052.
SERBs are encouraged to participate as prime propos-ers. SERBs qualifying as an MBE/WBE must providetheir BCABD certification number. SERBs qualifying as aresult of being located in a designated enterprise zonemust provide proof of this status.
Proposers not considered to be SERBs must describe, ina narrative form, their company’s approach to enhanceSERB utilization on a professional level in the implemen-tation of this proposal.
NOTICES 2481
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
The following options will be considered as part of thefinal criteria for selection:Priority Rank 1. Proposals submitted by SERBs.Priority Rank 2. Proposals submitted from a joint ven-
ture with a Commonwealth approvedSERB as a joint venture partner.
Priority Rank 3. Proposals submitted with subcon-tracting commitments to SERBs.
Each proposal will be rated for its approach to enhanc-ing the utilization of SERB. The optional approach usedwill be evaluated with Option Number 1 receiving thegreatest value and the succeeding options receiving avalue in accordance with the above-listed priority rank-ing.
The dollar value designated for SERB commitmentshould be placed in a separate sealed envelope andstapled to the SERB section of the proposal. Contractorproposals should also include the SERB value in the Costand Price Analysis section of the proposal. The applicableitems shown in the Cost and Price Analysis sectionshould also be used to prepare and detail the proposedSERB commitment value including, if applicable, fiscalyear breakdown. The selected contractor’s SERB commit-ment amount will be included as a contractual obligationwhen a contract is entered into.
4. Cost and Price Analysis
In addition to the Letters of Interest, the DGS Forms150 and 150-S, and SERB information, a single copy ofthe hourly rates of the persons who will be working onthe projects shall be submitted. The copy shall be in asealed envelope clearly identified as to its contents. Thecontents of this envelope will be opened after the evalua-tion committee submits its report to the Director on otheraspects of the proposal.
The contract document is the Agreement for Profes-sional Services which includes the Department of Envi-ronmental Protection General Conditions of ProfessionalServices Agreements. A copy of these General Conditionscan be provided upon request.
The contract with the firm will be based solely on thehours of service, total billable hourly rates and qualifyingdirect expenses. The total billable hourly rates shall beshown. In addition, the total billable hourly rates shall becompletely itemized to show the basic rates plus fringebenefits, profits and administrative costs for these per-sons. Rates shall be provided for the firm principal,project manager and site team leader, mechanical engi-neer, electrical engineer, staff engineer, engineering tech-nician, CAD specialist, draftsperson and secretary. TheSERB shall be clearly identified as falling in one or moreof the above job categories with the appropriate hourlyrate. Specialists required for engine, pump, motor orother equipment testing or evaluation shall be identifiedas equipment specialist and included in the above listwith the appropriate hourly rate. A complete list of theemployes who will be working under this contract shall beprovided showing the hourly rate for each employe.
Miscellaneous direct expenses shall include: travel,telephone, printing and mailing. Travel and subsistenceexpenses shall be based on the current Commonwealth’sTravel and Subsistence Reimbursement Rules and Regu-lations, as amended. Telephone, printing and mailingshall be reimbursed at cost upon approval by the Director.
The firm shall provide a tool and equipment list withthe proposal. The list shall identify tools and equipmentowned and rented that will be required to perform the
work. Tools and/or equipment required to perform thework that are owned or rented will not be considered asqualifying direct expenses.
5. Criteria for Selection
The factors listed below will be considered during theevaluation of the firm’s proposal. A maximum point valuehas been established for each of the major factors andestablished prior to release of this notice. The maximumpoint value will be awarded to the best proposal for eachof the major factors. The cost factor is rated by giving theproposal with the lowest cost the maximum point value.
A. Understanding the problem
This refers to the firm’s understanding of providing aproposal written specifically by this work, presented in aclear format that is easy to read and understand, withprompt responses to the needs of the schedule, theDepartment’s desire to work across the State, and theimportance of satisfactorily providing the service.
B. Qualifications of the firm
This refers to the ability of the firm to perform, theexperience of the firm, the previous record with theCommonwealth, has the firm been recognized for work inthis area, the length of time the firm has been inbusiness, the experience record on pumping stations orsimilar projects, the education and experience record ofkey personnel including the content of resumes, thecommitment by management to continue a high level ofinterest, the responsibility for quality work and thesuccessful accomplishment of the work.
C. Capability to perform
This refers to the firm meeting agency objectives andthe ability to provide a prompt response to the Depart-ment’s needs in a professional manner.
D. SERB Participation
Emphasis here is placed on proposals submitted byBCABD approved SERBs, commitments by proposers notconsidered to be SERBs which significantly utilize ap-proved SERBs in joint ventures, commitments by propos-ers not considered to be SERBs which aggressively pur-sue the utilization of approved SERBs in subcontractingopportunities.
E. Cost
The cost factor will be rated independently aftercompletion of the rating of the first four factors.
Five copies of the Letter of Interest, the required DGSforms, and the SERB information in a separate sealedenvelope, and a single separately sealed copy of thehourly rates must be received no later than 4 p.m. onJune 23, 1997. The envelope containing the proposalshould be clearly marked Proposal-DEP Project No. DEP-BWE-97:1.
The five copies shall be spiral bound. Contract awardfor this project will be made, if at all, to one of the firmsresponding to this notice. The Department reserves theright to reject all proposals submitted, cancel the solicita-tion requested under this notice, and/or readvertise solici-tation for this service.
JAMES M. SEIF,Secretary
[Pa.B. Doc. No. 97-781. Filed for public inspection May 16, 1997, 9:00 a.m.]
2482 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
DEPARTMENT OF HEALTHHuman Immunodeficiency Virus (HIV) Community
Prevention Planning Committee Meeting
The Statewide HIV Community Prevention PlanningCommittee (Committee), established by the Departmentof Health under sections 301 and 317 of the Public HealthService Act (42 U.S.C.A. §§ 241(a), 247(b)), will hold apublic meeting on Wednesday, May 21, 1997.
The meeting will be held at the Sheraton Inn Harris-burg, 800 East Park Drive, Harrisburg, PA, from 10 a.m.to 4 p.m.
For additional information, or for persons with a dis-ability who desire to attend the meeting and require anauxiliary aid, service or other accommodation to do so,please contact Tom DeMelfi, Department of Health, Bu-reau of HIV/AIDS, P. O. Box 90, Room 912, Harrisburg,PA 17108 at (717) 783-0574. TDD: (717) 783-6514 orNetwork/TDD: (8) (717) 433-6514.
DANIEL F. HOFFMANN,Secretary
[Pa.B. Doc. No. 97-782. Filed for public inspection May 16, 1997, 9:00 a.m.]
Human Immunodeficiency Virus (HIV) CoordinatedStatement of Need Meeting
The Department of Health will convene a meeting tobegin developing a Statewide coordinated statement ofneed on care related HIV issues as required by theFederal Health Resources and Services Administration.
The meeting is scheduled for May 29, 1997, and willbegin at 9 a.m. The meeting will be held at the HolidayInn Harrisburg/Hershey, 604 Station Road, Grantville,PA. Please RSVP to Michele Keefer at (717) 783-0479 byMay 22, 1997.
For additional information, or for persons with a dis-ability who desire to attend the meeting and require anauxiliary aid service or other accommodation to do so,please contact Michele Keefer, Department of Health,Bureau of HIV/AIDS, at (717) 783-0479. TDD: (717)783-6514 or Network/TDD: (8) (717) 433-6514.
DANIEL F. HOFFMANN,Secretary
[Pa.B. Doc. No. 97-783. Filed for public inspection May 16, 1997, 9:00 a.m.]
Pennsylvania Cancer Control Prevention and Re-search Advisory Board
The Pennsylvania Cancer Control, Prevention and Re-search Advisory Board is scheduled to hold a meeting onJune 18, 1997, from 10 a.m. to 1 p.m. at the NortheastRegional Cancer Institute, University of Scranton, TheEstate, Room 1942, Scranton, PA. Anyone wishing toattend the meeting or who has questions regarding themeeting should contact Susan F. George, Program Man-ager, Department of Health, Cancer Control Program at(717) 787-5251.
Persons with a disability who desire to attend themeeting and require an auxiliary aid, service or other
accommodation to do so should contact Susan F. Georgeat (717) 787-5251. TDD: (717) 783-6514/Network TDD: 8-433-6514.
DANIEL F. HOFFMANN,Secretary
[Pa.B. Doc. No. 97-784. Filed for public inspection May 16, 1997, 9:00 a.m.]
Renal Disease Advisory Committee Public Meeting
The Renal Disease Advisory Committee, established bysection 4 of the act of June 23, 1970 (P. L. 419, No. 140)(35 P. S. § 6204), will hold a public meeting on Friday,May 23, 1997.
The meeting will be held in Room 812, Health andWelfare Building, Harrisburg, PA, from 10 a.m. to 3 p.m.
For additional information, contact Jane E. Renaut,Director of the Chronic Renal Disease Program, Divisionof Special Health Care Needs at (717) 787-9772.
Persons with a disability who desire to attend themeeting and require an auxiliary aid, service or otheraccommodation to do so, should contact the Chronic RenalDisease Program at (717) 787-9772. TDD: (717) 783-6514/Network TDD: 8-433-6514.
DANIEL F. HOFFMANN,Secretary
[Pa.B. Doc. No. 97-785. Filed for public inspection May 16, 1997, 9:00 a.m.]
Under the provisions of the State Lottery Law (72 P. S.§§ 3761-1—3761-15), and the provisions of 61 Pa. Code§ 819.203 (relating to notice of instant game rules), theSecretary of Revenue hereby provides public notice of therules for the following instant lottery game:
1. Name: The name of the game is PennsylvaniaDouble Dollars ’97.
2. Price: The price of a Pennsylvania Double Dollars’97 instant lottery game ticket is $1.00.
3. Play Symbols: Each Pennsylvania Double Dollars’97 instant lottery game ticket will contain one ‘‘PlayArea.’’ The play symbols and their captions located in the‘‘Play Area’’ are: $100 (ONE), $200 (TWO), $500 (FIVE),$10$ (TEN), $25$ (TWEN-FIV), $50$ (FIFTY), $100 (ONEHUN), $500 (FIV HUN), $1000 (ONE THO), $3000 (THRTHO) and $$ (DOUBLE).
4. Prizes: The prizes that can be won in this game are$1, $2, $4, $5, $10, $20, $25, $50, $100, $200, $500,$1,000 and $3,000.
5. Approximate Number of Tickets Printed For theGame: Approximately 11,942,400 tickets will be printedfor the Pennsylvania Double Dollars ’97 instant lotterygame.
6. Determination of Prize Winners:
NOTICES 2483
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
(a) Holders of tickets with three matching play symbolsof $3000 (THR THO) in the ‘‘Play Area’’ on a single ticket,shall be entitled to a prize of $3,000.
(b) Holders of tickets with three matching play symbolsof $1000 (ONE THO) in the ‘‘Play Area’’ on a single ticket,shall be entitled to a prize of $1,000.
(c) Holders of tickets with three matching play symbolsof $500 (FIV HUN) in the ‘‘Play Area’’ on a single ticket,shall be entitled to a prize of $500.
(d) Holders of tickets with two matching play symbolsof $100 (ONE HUN), and a $$ (DOUBLE) play symbol inthe ‘‘Play Area’’ on a single ticket, shall be entitled to aprize of $200.
(e) Holders of tickets with three matching play symbolsof $100 (ONE HUN) in the ‘‘Play Area’’ on a single ticket,shall be entitled to a prize of $100.
(f) Holders of tickets with two matching play symbolsof $50$ (FIFTY), and a $$ (DOUBLE) play symbol in the‘‘Play Area’’ on a single ticket, shall be entitled to a prizeof $100.
(g) Holders of tickets with three matching play symbolsof $50$ (FIFTY) in the ‘‘Play Area’’ on a single ticket,shall be entitled to a prize of $50.
(h) Holders of tickets with two matching play symbolsof $25$ (TWEN-FIV), and a $$ (DOUBLE) play symbol inthe ‘‘Play Area’’ on a single ticket, shall be entitled to aprize of $50.
(i) Holders of tickets with three matching play symbolsof $25$ (TWEN-FIV) in the ‘‘Play Area’’ on a single ticket,shall be entitled to a prize of $25.
(j) Holders of tickets with two matching play symbolsof $10$ (TEN), and a $$ (DOUBLE) play symbol in the‘‘Play Area’’ on a single ticket, shall be entitled to a prizeof $20.
(k) Holders of tickets with three matching play symbolsof $10$ (TEN) in the ‘‘Play Area’’ on a single ticket, shallbe entitled to a prize of $10.
(l) Holders of tickets with two matching play symbolsof $500 (FIVE), and a $$ (DOUBLE) play symbol in the‘‘Play Area’’ on a single ticket, shall be entitled to a prizeof $10.
(m) Holders of tickets with three matching play sym-bols of $500 (FIVE) in the ‘‘Play Area’’ on a single ticket,shall be entitled to a prize of $5.
(n) Holders of tickets with two matching play symbolsof $200 (TWO), and a $$ (DOUBLE) play symbol in the‘‘Play Area’’ on a single ticket, shall be entitled to a prizeof $4.
(o) Holders of tickets with three matching play symbolsof $200 (TWO) in the ‘‘Play Area’’ on a single ticket, shallbe entitled to a prize of $2.
(p) Holders of tickets with two matching play symbolsof $100 (ONE), and a $$ (DOUBLE) play symbol in the‘‘Play Area’’ on a single ticket, shall be entitled to a prizeof $2.
(q) Holders of tickets with three matching play symbolsof $100 (ONE) in the ‘‘Play Area’’ on a single ticket, shallbe entitled to a prize of $1.
(r) A prize will be paid only for the highest Pennsylva-nia Double Dollars ’97 instant lottery game prize won onthe ticket if the ticket meets the criteria established in 61Pa. Code § 819.213 (relating to ticket validation andrequirements).
7. Number and Description of Prizes and ApproximateOdds: The following table sets forth the approximatenumber of winners, amounts of prizes, and approximateodds of winning:
Approximate No. ofApproximate Winners Per 11,942,400
8. Retailer Incentive Awards: The Lottery may conducta separate Retailer Incentive Game for retailers who sellPennsylvania Double Dollars ’97 instant lottery gametickets. The conduct of the game will be governed by 61Pa. Code § 819.222 (relating to retailer bonuses andincentives).
9. Unclaimed Prize Money: For a period of 1 year fromthe announced close of Pennsylvania Double Dollars ’97,
prize money on winning Pennsylvania Double Dollars ’97instant lottery game tickets will be retained by theSecretary for payment to the persons entitled thereto. Ifno claim is made within 1 year of the announced close ofthe Pennsylvania Double Dollars ’97 instant lottery game,the right of a ticket holder to claim the prize representedby the ticket, if any, will expire and the prize money willbe paid into the State Lottery Fund and used forpurposes provided for by statute.
2484 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
10. Governing Law: In purchasing a ticket, the cus-tomer agrees to comply with and abide by the StateLottery Law (72 P. S. §§ 3761-1—3761-15), the regula-tions contained in 61 Pa. Code Part V (relating to StateLotteries) and the provisions contained in this notice.
11. Termination of the Game: The Secretary may an-nounce a termination date, after which no further ticketsfrom this game may be sold. Such announcement will bedisseminated through media used to advertise or promotePennsylvania Double Dollars ’97 or through normal com-munications methods.
ROBERT A. JUDGE, Sr.Secretary
[Pa.B. Doc. No. 97-786. Filed for public inspection May 16, 1997, 9:00 a.m.]
DEPARTMENT OFTRANSPORTATION
Bureau of Motor Vehicles; International Registra-tion Plan
[CORRECTION]
Under the authority contained in sections 6142 and6145 of the Vehicle Code (75 Pa.C.S. §§ 6142 and 6145),the Department of Transportation published, at 27 Pa.B.1610 (March 29, 1997), a notice of the Commonwealth ofPennsylvania’s intention to continue to be a member ofthe International Registration Plan which provides forthe proportional registration of fleet vehicles in all mem-ber jurisdictions in which the vehicles are driven.
In publishing the list of participating states and prov-inces of Canada, the Department inadvertently deletedfrom the list the State of Colorado and the District ofColumbia. In addition, the Province of British Columbiawas listed incompletely as the Province of Columbia.Thus, this Commonwealth does have a proportional regis-tration agreement with the Province of British Columbia,the State of Colorado and the District of Columbia, aswell as the other participating states and provinces ofCanada delineated at 27 Pa.B. 1610 (March 29, 1997).
Because of the length and expense of publishing the fulltext of the International Registration Plan, a copy of thePlan has not been published with this notice. Interestedpersons, however, may obtain a copy of the InternationalRegistration Plan from Thomas Zamboni, Manager, Com-mercial Registration Section, Bureau of Motor Vehicles,P. O. Box 68285, Harrisburg, PA 17106, (717) 787-3864.The Department may impose a fee to cover its costs inforwarding the Plan. Questions, comments or suggestionsregarding the Plan may also be submitted to ThomasZamboni.
BRADLEY L. MALLORY,Secretary
[Pa.B. Doc. No. 97-787. Filed for public inspection May 16, 1997, 9:00 a.m.]
Contemplated Sale of Land No Longer Needed forTransportation Purposes
The Department of Transportation, under 71 P. S.§ 513(e)(7), intends to sell 5,598.67 square feet of land
owned by it located in Monroe Township, Snyder County,PA. It has been determined that the land is no longerneeded for present or future transportation purposes.
Interested public entities are invited to express theirinterest in purchasing the site within 30 calendar daysfrom the date of publication of this notice to Joel K. Hart,Department of Transportation, P. O. Box 218, Montours-ville, PA 17754.
BRADLEY L. MALLORY,Secretary
[Pa.B. Doc. No. 97-788. Filed for public inspection May 16, 1997, 9:00 a.m.]
New Address for Administrative Docket Clerk
The Department of Transportation, Office of ChiefCounsel, desires to give notice that all persons havingoccasion to appeal a decision, determination or ruling inmatters before the Department under 2 Pa.C.S. §§ 501—508 and 701—704 (relating to administrative agency law)and not otherwise vested in other bodies by law, may doso by filing a written request for a hearing with theadministrative docket clerk at the following addressSecretary of Transportation, Administrative Docket Clerk,c/o Office of Chief Counsel, 555 Walnut Street—9th Floor,Harrisburg, PA 17101-1900.
This notice is being published as a reminder that theOffice of Chief Counsel, and consequently the Administra-tive Docket Clerk, has been relocated from the Transpor-tation and Safety Building, Room 521, Harrisburg, PA17120 to the Forum Place Building situated at 555Walnut Street—9th Floor, Harrisburg, PA 17101-1900.
Upon approval of a written request for a hearing orupon receipt of a written request from the Department foran order to show cause, the administrative docket clerkwill continue to assign the matter a caption, including anadministrative docket number, and will enter the matteronto the administrative docket. All correspondence, plead-ings, briefs or other papers relating to the case shall befiled with the administrative docket clerk at the 555Walnut Street—9th Floor address.
Questions, suggestions or comments may be directed toHelen E. Topolski, Administrative Docket Clerk, 555Walnut Street—9th Floor, Harrisburg, PA 17101-1900,telephone (717) 772-8397.
BRADLEY L. MALLORY,Secretary
[Pa.B. Doc. No. 97-789. Filed for public inspection May 16, 1997, 9:00 a.m.]
Retention of Engineering Firms
Fayette, Greene, Washington andWestmoreland Counties
Project Reference No. 08430AG2067
The Department of Transportation will retain an engi-neering firm for an Open-end Contract to provide supple-mentary construction inspection staff under the Depart-ment’s Inspector-in-Charge to perform constructioninspection services on various projects in EngineeringDistrict 12-0, that is Fayette, Greene, Washington andWestmoreland Counties. The contract will include road-
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
way and bridge construction projects and material plantinspection. The contract will be for a period of 60 months,with a maximum cost of $1 million.
It is anticipated that a maximum supplementary con-struction inspection staff of 19 inspectors will be requiredfor this assignment.
The Department will establish an order of ranking of aminimum of three firms for the purpose of negotiating anEngineering Agreement based on the Department’s evalu-ation of the acceptable letters of interest received inresponse to this solicitation. The ranking will be estab-lished directly from the letters of interest. Technicalproposals will not be requested prior to the establishmentof the ranking.
The following factors, listed in order of importance, willbe considered by the Department during the evaluation ofthe firms submitting letters of interest:
a. Number of available inspectors in each payroll clas-sification.
b. Number of NICET certified inspectors in each pay-roll classification.
c. Understanding of the Department’s requirements,policies and specifications.
d. Past Performance.
e. Availability of inspectors.
The qualifications and experience required of the firm’sinspectors will be established by the Department, and thequalifications of the firm’s proposed employes will bereviewed and approved by the Department.
It is anticipated that the supplementary constructioninspection staff for this assignment will consist of thefollowing number of inspectors who meet the require-ments for the following inspection classifications:
No. ofClassification Inspectors
Transportation Construction Insp. Super.(TCIS) (NICET Highway ConstructionLevel 3 or equivalent)
2 (1)
Transportation Construction Inspector(TCI) (NICET Highway ConstructionLevel 2 or equivalent)
15 (9)
Technical Assistant (TA)(NICET Highway Construction Level 1 orequivalent)
2 (0)
The numbers in parenthesis above indicate the numberof inspectors in each Classification that must meet atleast one of the following requirements:
1. Be certified by the National Institute for Certifica-tion in Engineering Technologies (NICET) in the field ofTransportation Engineering Technology, subfield of High-way Construction, or subfield of Highway Materials, atthe Level required for the Inspection Classification.
2. Be registered as a Professional Engineer by theCommonwealth of Pennsylvania with the required high-way experience specified for the Inspection Classification.
3. Be certified as an Engineer-in-Training by the Com-monwealth of Pennsylvania with the required highwayexperience specified for the Inspection Classification.
4. Hold a Bachelor of Science Degree in Civil Engineer-ing or a Bachelor of Science Degree in Civil EngineeringTechnology with the required highway experience speci-fied for the Inspection Classification.
5. Hold an Associate Degree in Civil Engineering Tech-nology with the required highway experience specified forthe Inspection Classification.
The maximum reimbursement per hour of inspectionfor each Department Payroll Classification for calendaryear of 1997:
Payroll Classification Maximum Straight TimeReimbursement Per Hour
of Inspection(TCIS) $38.21(TCI) $33.44(TA) $22.98
The maximum reimbursement per hour of inspectionincludes all costs for providing construction inspectionservices at the project site during the normal work week.
Maximum reimbursement per hour of inspection forsubsequent calendar years, if applicable, will be estab-lished at the scope of work meeting.
The firm selected may be required to attend apreconstruction conference with the Department and theconstruction contractor for this project. Under the super-vision and direction of the Department, the selected firmwill be required to keep records and document theconstruction work; prepare current and final estimates forpayment to the construction contractor; assist the Depart-ment in obtaining compliance with the labor standards,safety and accident prevention, and equal opportunityprovisions of the contract item; and perform other dutiesas may be required. Firms applying must have qualifiedpersonnel capable of climbing structures during painting,rehabilitation or construction.
The firm selected will be required to supply the follow-ing equipment at no direct cost to the Department:
2 Nuclear Densometer Gauges/License1 Paint Test Kit2 Vehicles for the Transportation of Nuclear
Gauges2 Two-way Radios1 Cellular Phone
The maximum number of resumes to be included in theletter of interest shall be as follows:
Classification No. of ResumesTCIS 3TCI 18
No resumes are required for the TA Classification.The second copy of the letter of interest and required
forms, (see general requirements and information section)shall be sent to Michael H. Dufalla, P.E., District Engi-neer, District 12-0, P. O. Box 459, Uniontown, PA 15401.
Technical questions concerning the requirements forthis project should be directed to Anthony M. Dzurko,P.E., District 12-0, at (412) 439-7137.
Questions concerning the submittal of the letter ofinterest can be directed to the Consultant AgreementDivision at (717) 783-9309.
StatewideOpen-End Contract for Constructability Reviews
Reference No. 08430AG2068
The Department of Transportation will retain an engi-neering firm for an Open-End Contract for conductingconstructability reviews on various projects located inPennsylvania. The contract will be for a 60 month periodwith projects assigned on an as-needed basis. The re-
2486 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
quired services may encompass a wide range of highwayand bridge construction projects. The maximum amountof the Open-End Contract will be $1 million.
The selected firm will be required to provide guidanceand assistance to the Department by reviewing designdocuments of major transportation projects and coordinat-ing Department Workshops. The reviews are to assurethe project can be constructed efficiently, economicallyand expeditiously without delays, failures or major prob-lems and with minimal inconvenience to the travelingpublic.
The selected firm shall provide a team of qualifiedindividuals with experience in the construction and con-struction management of complex transportation projects.
The selected firm will not be allowed to release anyinformation to prospective bidders of the constructioncontract.
The selected firm team, or any commonly owned com-pany, will not be allowed to be involved or assist in thebidding process of the construction contract.
The firm will scrutinize each design from a contractor’spoint of view by conducting Constructability Reviews,Biddability Reviews and Estimate Reviews at the speci-fied design development intervals.
The Constructability Review may consist of, but not belimited to the following:
• Project Scope• Site logistics and constraints• Environmental impacts of proposed construction
methods• Clarity of documents• Technical constructability• Compatibility of contract plans, specifications and
applicable standards• Subsurface soil data• Scheduling requirements• Construction phasing• Erosion and Sedimentation control
• Maintenance and Protection of Traffic
• Construction site access for each phase of MPT includ-ing material delivery and specialized equipment needs
• Local event conflicts
• Material Acquisition
• Utility clearances for constructability and projectschedule
• Property/Business owner access and pedestrian safety/access
• Full-Scale structural analysis of bridge designs is notrequired
The Constructability Reviews will establish projectduration, milestone dates and applicable constructionrestrictions.
In conjunction with the Constructability Review, thefirm will be required to develop a CPM (Critical PathMethod) Schedule in the I-J Activity on Arrow format.The CPM Schedule will adhere to the Department’sSpecifications.
The Biddability Review may consist of, but not belimited to the following:
• Bid items; realistic means of evaluation and compari-son of bids
• Plans and specifications; accurate portrayal of theproject in detail for reasonable bidding
• Clarity of drawings and specifications
• Provisions for processing shop drawings; review andrealistic review periods
• Specifications and drawings consistent, accurate andpractical
• Proper utilization and adaptability of innovative con-tracting methods
• Criteria for acceptance or rejection of work defined
The Estimate Review may consist of, but not be limitedto the following:
• Bid unit prices, realistic and priced on scope of workdescribed
• Bid quantities realistic and representative of antici-pated work
• Scope of work for lump sum items clearly describedand prices are realistic
• Effect of construction schedule, and methodology oncost estimates
For each Work Order assignment, the firm will befurnished progress plans, specifications and estimates toreview and may be required to attend and/or facilitateConstructability Review meetings. Within 14 to 28 daysafter receipt of these documents, the firm will submit tothe Department their report with recommendations re-garding the Constructability and Estimate reviews. Majorissues will be communicated to the Department as theyare discovered.
The firm will also be furnished final plans, specifica-tions and estimates to review and may be required toattend and/or facilitate Constructability Review meetings.After receipt of these documents, the firm will submit tothe Department their report with recommendations andpresent an oral report regarding the Constructability,Biddability and Estimate reviews within the time framespecified by the Department. Major issues shall be com-municated to the Department as they are discovered.
The format and content of all documents, plans andspecifications will be consistent with applicable State andFederal regulations and guidelines.
The engineering services identified above are the gen-eral work activities that can be expected under thisOpen-End Contract. A more specific and project-relatedscope of work will be outlined for each individual WorkOrder developed under this Open-End Contract.
The Department will establish an order of ranking of aminimum of three firms for the purpose of negotiating anOpen-End Contract based on the Department’s evaluationof the acceptable letters of interest received in response tothis solicitation. The ranking will be established directlyfrom the letters of interest. Technical proposals will notbe requested prior to the establishment of the ranking.
The following factors, listed in order of importance, willbe considered by the Department during the evaluation ofthe firms submitting letters of interest:
a. Specialized experience, previous experience, techni-cal competence of firm and experience of individuals whoconstitute the firm.
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
b. Expertise as related to Plan, Specifications, Estimateand bid development.
c. Expertise as related to heavy and highway construc-tion.
d. Familiarity with Department Specifications, Manu-als and Standards.
e. Past record of performance.
f. Expertise as related to construction scheduling in-cluding Critical Path Method.
g. Expertise as related to environmental engineering.
h. Expertise as related to soil analysis.
i. Available staffing for this assignment.
j. Relative size and workload capacity of firm.
Technical questions concerning the requirements forthis project should be directed to V. C. Shah, P.E., Con-tract Management Division, Bureau of Design, at (717)787-5914.
Questions concerning the submittal of the letter ofinterest can be directed to the Consultant AgreementDivision, Kash Batra, P.E., at (717) 783-9457.
General Requirements and Information
Firms interested in providing the above work andservices are invited to submit two copies of a letter ofinterest and required information for each Project Refer-ence Number for which the applicant wishes to beconsidered.
The first copy of the letter of interest and requiredinformation must be submitted to Charles W. Allwein,P.E., Chief, Consultant Agreement Division, 7th Floor,Forum Place, 555 Walnut Street, Harrisburg, PA 17101-1900.
The letter of interest and required information must bereceived within 13 calendar days of this notice. Thedeadline for receipt of a letter of interest at the aboveaddress is 4:30 p.m. prevailing time of the thirteenth day.
The second copy of the letter of interest and requiredinformation must be submitted to the appropriate DistrictEngineer/Administrator or the Bureau Director as indi-cated in the individual advertisement. This copy must bepostmarked or delivered on or before the deadline indi-cated above.
If an individual, firm or corporation not authorized toengage in the practice of engineering desires to submit aletter of interest, said individual, firm or corporation maydo so as part of a Joint Venture with an individual, firmor corporation which is permitted under the State law toengage in the practice of engineering.
If a Joint Venture responds to a project advertisement,the Department of Transportation will not accept sepa-rate letters of interest from the Joint Venture constitu-ents. A firm will not be permitted to submit on more thanone Joint Venture for the same Project Reference Number.Also a firm that responds to a project as a prime may notbe included as a designated subcontractor to another firmthat responds as a prime to the project. Multiple re-sponses under any of the foregoing situations will causethe rejection of all responses of the firm or firms involved.The above does not preclude a firm from being set forthas a designated subcontractor to more than one primeresponding to the project advertisement.
If a goal for Disadvantaged Business Enterprise (DBE)participation is established for an advertised project,
firms expressing interest in the project must agree toensure that Disadvantaged Business Enterprise (DBE)firms as defined in the Intermodal Surface TransportationEfficiency Act of 1991 and currently certified by theDepartment of Transportation, shall have the maximumopportunity to participate in any subcontracting or fur-nishing supplies or services approved under Form 442,Section 1.10(a). The act requires that firms owned andcontrolled by women (WBEs) be included, as a presump-tive group, within the definition of Disadvantaged Busi-ness Enterprise (DBE). The goal for DBE participationshall be as stated in the individual project advertisement.Responding firms shall make good faith efforts to meetthe DBE goal using DBEs (as they were defined prior tothe act), WBEs or combinations thereof.
Proposing DBE firms must be certified at the time ofsubmission of the letter of interest. If the selected firmfails to meet the established DBE participation goal, itshall be required to demonstrate its good faith efforts toattain the goal.
Responses are encouraged by small firms, Disadvan-taged Business Enterprise (DBE) firms, and other firmswho have not previously performed work for the Depart-ment of Transportation.
Each letter of interest must include the followinginformation, and the information must be packaged andpresented in the following order:
1. Transmittal Letter (maximum of two typed pages,one side)
The subject heading of the transmittal letter mustinclude the project reference number for which the appli-cant wishes to be considered, the firm’s legal name,fictitious name (if applicable) and the firm’s Federalidentification number. If the project advertisement indi-cated the Department will retain an engineering firm forthe project, the applicant must indicate in the body oftheir transmittal letter the names and Professional Engi-neer License Number of individuals who are directingheads or employes of the firm who have responsiblecharge of the firm’s engineering activities, and whosenames and seals shall be stamped on all plans, specifica-tions, plats and reports issued by the firm.
2. Project Organization Chart (one page, one side)This chart should show key staff from the prime and
each subconsultant and their area of responsibility.3. Standard Form 255, ‘‘Architect-Engineer and Re-
lated Services Questionnaire for Specific Project’’ (oneForm 255 for the project team)
The Standard Form 255 must be signed, dated andfilled out in its entirety, including Item No. 6 listing theproposed subconsultants and the type of work or servicethey will perform on the project. Under Item 4 of thisform, Column A should include the number of subconsult-ant personnel and Column B should include the numberof prime consultant personnel to be assigned to work onthis project reference number.
If a Disadvantaged Business Enterprise (DBE) goal isspecified for the project, the DBE must be currentlycertified by the Department of Transportation, and thename of the DBE and the work to be performed must beindicated in Item No. 6. If a Woman Business Enterprise(WBE) firm is substituted for the DBE, the WBE firmmust also be presently certified by the Department ofTransportation and indicated in Item 6.
4. Standard Form 254, ‘‘Architect-Engineer for RelatedServices Questionnaire’’
2488 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
A Standard Form 254, not more than 1 year old as ofthe date of this advertisement, must accompany eachletter of interest for the firm, each party to a JointVenture, and for each subconsultant the firm or JointVenture is proposing to use for the performance ofprofessional services regardless of whether thesubconsultant is an individual, a college professor or acompany, unless an acceptable Standard Form 254 for theprime and each subconsultant/subcontractor is on file inboth the Bureau of Design and the Engineering DistrictOffice or Central Office Bureau identified in the indi-vidual project advertisement.
If the Standard Form 254 is not submitted with theletter of interest, the transmittal letter shall indicate thedates that the Standard Forms 254 were submitted to theBureau of Design and appropriate Engineering District/Central Office Bureau.
These forms shall be assembled with the prime’s first,followed by the subconsultant’s in the same order as theyappear in Item 6 of Form 255.
5. Workload Projection Graph (not required for Con-struction Inspection Services)
A Workload Projection Graph for the prime and eachsubconsultant should indicate the firm’s current andanticipated workload compared to the anticipated capac-ity available for the next 2-year time frame. TheWorkload Projection Graph should be submitted for theoffices where the work would be performed and shouldonly include the personnel classifications required forproviding the advertised services and work.
6. Authorization Letters (if required)If the advertisement requires a letter signed by indi-
viduals giving their approval to use their names in theletter of interest, the letters from proposed prime em-ployes should be first, followed by subconsultant em-ployes, in the same order as shown in Item 6 of Form255.
7. Registration To Do BusinessFirms with out-of-State headquarters or corporations
not incorporated in Pennsylvania must include, with eachletter of interest, a copy of their registration to dobusiness in the Commonwealth as provided by the De-partment of State. Firms who are not registered to dobusiness in Pennsylvania at the time of this advertise-ment must document that they have applied for registra-tion to the Department of State, Corporation Bureau. Thetelephone number for the Corporation Bureau is (717)787-1057 or (717) 787-2004.
8. Overhead Rates (one page)This page must show the latest audited overhead rate
developed in accordance with Federal Acquisition Regula-tions (FAR) for the prime consultant and each subconsult-ant. If a FAR rate is not available, the latest rateavailable from a Certified Public Account must be indi-cated. New firms should indicate how long the firm hasbeen in existence and when an audited overhead ratewould be available.
9. Additional InformationAdditional information, not to exceed ten one sided
pages or five double sided pages may be included at thediscretion of the submitting firm.
The assignment of the agreement/contract for the aboveadvertisements will be made to one of the firms whosubmitted an acceptable letter of interest in response tothe project advertisement. The assignment will be made
based on the Department’s evaluation of the firm’s quali-fication and capabilities. The Department reserves theright to reject all letters submitted, to cancel the solicita-tions requested under this notice and/or to readvertisesolicitation for the work and services.
BRADLEY L. MALLORY,Secretary
[Pa.B. Doc. No. 97-790. Filed for public inspection May 16, 1997, 9:00 a.m.]
ENVIRONMENTALHEARING BOARD
National Fuel Gas Supply Corporation v. DEP; EHBDoc. No. 95-173-C (Consolidated with 96-190-C)
The Department of Environmental Protection (Depart-ment) and National Fuel Gas Supply Corporation (NFG)have agreed to a settlement of the above matter. Theoperation of certain described sources of air contamina-tion at NFG’s East Fork Compressor Station located inWharton Township, Potter County is authorized under:Plan Approval No. PA-53-0007A which was issued on July17, 1995, and amended by letter of August 22, 1996; and,Operating Permit No. OP-53-0007 issued on July 17,1995, amended by letter of July 31, 1995, and modified byPlan Approval No. OP-53-0007B issued on August 22,1996. On or about August 15, 1995, NFG filed an appealof Plan Approval No. PA-53-0007A and Operating PermitNo. OP-53-0007. Said appeals were docketed with theEnvironmental Hearing Board at EHB Docket No. 95-173-C. On or about September 20, 1996, NFG filed anappeal of the amendments to Plan Approval No. PA-53-0007A and Plan Approval No. OP-53-0007B. Said appealswere docketed with the Environmental Hearing Board atEHB Docket No. 96-190-C.
The Department and NFG have agreed to a settlement,the major provisions of which include:
1. The Department shall issue a revised Plan ApprovalNo. PA-53-0007A and a revised Operating Permit No.OP-53-0007 which incorporates the changes more fullyaddressed in the Settlement Agreement.
2. The issuances of the revised Plan Approval No.PA-53-0007A and the revised Operating Permit No. OP-53-0007 shall supersede: the previously issued Plan Ap-proval No. PA-53-0007A, as amended by letter of August22, 1996; and, the previously issued Operating Permit No.OP-53-0007, as amended by letter of July 31, 1995, andas modified by Plan Approval No. OP-53-0007B issued onAugust 22, 1996.
3. NFG waives its right to appeal the revised PlanApproval No. PA-53-0007A issued by the Departmentunless the Department makes a material change to thedocument identified as Appendix A of the SettlementAgreement.
4. NFG waives its right to appeal the revised Operat-ing Permit No. OP-53-0007 issued by the Departmentunless the Department makes a material change to thedocument identified as Appendix B of the SettlementAgreement.
Copies of the full agreement are in the possession of:
Dawn M. Herb, Assistant Counsel, Department of Envi-ronmental Protection, Northcentral Region Office of Chief
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Counsel, 208 West Third Street, Suite 101, Williamsport,PA 17701-6448, (717) 321-6568;
Louis A. Naugle, Esquire, Reed, Smith, Shaw & Mc-Clay, 435 Sixth Avenue, Pittsburgh, PA 15219-1886, (412)288-3131;
and at the office of the Environmental Hearing Board,and may be reviewed by any interested party on requestduring normal business hours.
Persons who are aggrieved by the above settlementhave a right to appeal to the Environmental HearingBoard, Second Floor, Rachel Carson State Office Building,400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457. If information concerning this notice is required inan alternative form, please contact the Secretary to theBoard at (717) 787-3483. TDD users may contact theBoard through the Pennsylvania Relay Service at 1-800-654-5984.
Appeals must be filed within 20 days of this publica-tion.
The Environmental Hearing Board is empowered toapprove this settlement which becomes final if no objec-tion is timely made.
GEORGE J. MILLER,Chairperson
[Pa.B. Doc. No. 97-791. Filed for public inspection May 16, 1997, 9:00 a.m.]
National Fuel Gas Supply Corporation v. DEP; EHBDoc. No. 96-181-C
The Department of Environmental Protection (Depart-ment) and National Fuel Gas Supply Corporation (NFG)have agreed to a settlement of the above matter. OnAugust 5, 1996, the Department issued Plan Approval No.PA-53-0009A and Operating Permit No. OP-53-0009 toNFG for the operation of certain described sources of aircontamination at its Ellisburg Compressor Station locatedin Allegany Township, Potter County. On or about Sep-tember 5, 1996, NFG filed an appeal of Plan Approval No.PA-53-0009A and Operating Permit No. OP-53-0009 tothe Environmental Hearing Board.
The Department and NFG have agreed to a settlement,the major provisions of which include:
1. The Department shall issue a revised Plan ApprovalNo. PA-53-0009A which incorporates the changes morefully addressed in the Settlement Agreement.
2. The Department shall publish a notice of intent toissue a revised Operating Permit No. OP-53-0009. Follow-ing a public hearing and subsequent 15 day publiccomment period, the Department shall issue the revisedOperating Permit No. OP-53-0009.
3. The issuances of the revised Plan Approval No.PA-53-0009A and the revised Operating Permit No. OP-53-0009 shall supersede the previously issued plan ap-proval and operating permit bearing these numbers.
4. NFG waives its right to appeal the revised PlanApproval No. PA-53-0009A issued by the Departmentunless the Department makes a material change to thedocument identified as Appendix A of the SettlementAgreement.
5. NFG waives its right to appeal the revised Operat-ing Permit No. OP-53-0009 issued by the Department
unless the Department makes a material change to thedocument identified as Appendix B of the SettlementAgreement.
Copies of the full agreement are in the possession of:
Dawn M. Herb, Assistant Counsel, Department of Envi-ronmental Protection, Northcentral Region Office of ChiefCounsel, 208 West Third Street, Suite 101, Williamsport,PA 17701-6448, (717) 321-6568;
Louis A. Naugle, Esquire, Reed, Smith, Shaw & Mc-Clay, 435 Sixth Avenue, Pittsburgh, PA 15219-1886, (412)288-3131;
and at the office of the Environmental Hearing Board,and may be reviewed by any interested party on requestduring normal business hours.
Persons aggrieved by the above settlement have a rightto appeal to the Environmental Hearing Board, SecondFloor, Rachel Carson State Office Building, 400 MarketStreet, P. O. Box 8457, Harrisburg, PA 17105-8457. Ifinformation concerning this notice is required in analternative form, please contact the Secretary to theBoard at (717) 787-3483. TDD users may contact theBoard through the Pennsylvania Relay Service at 1-800-654-5984.
Appeals must be filed within 20 days of this publica-tion.
The Environmental Hearing Board is empowered toapprove this settlement which becomes final if no objec-tion is timely made.
GEORGE J. MILLER,Chairperson
[Pa.B. Doc. No. 97-792. Filed for public inspection May 16, 1997, 9:00 a.m.]
INDEPENDENTREGULATORY REVIEW
COMMISSIONActions Taken by the Commission
The Independent Regulatory Review Commission metpublicly at 1 p.m., Thursday, May 1, 1997, and took thefollowing actions:
#1744 Pennsylvania Public Utility Commission #57-167:Rescission of Obsolete Regulations Regarding Motor Car-riers; Amendment of Medallion Program (rescinds obso-lete provisions in 52 Pa. Code Chapters 29—31)
#1821 State Board of Chiropractic #16A-438: Examina-tion and Business Provisions (amends 49 Pa. Code § 5.6,5.12, 5.15, 5.16 and 5.32)
#1822 State Registration Board for Professional Engi-neers, Land Surveyors & Geologists #16A-474: Fees(amends 49 Pa. Code § 37.17)
#1823 State Board of Optometry #16A-524: Fees(amends 49 Pa. Code § 23.91)
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#1824 State Board of Pharmacy #16A-545: ExaminationFees (amends 49 Pa. Code Chapter 27)
#1825 State Board of Cosmetology #16A-453: Examina-tion Fees (amends 49 Pa. Code § 7.2)
#1826 State Board of Dentistry #16A-466: FictitiousNames (amends 49 Pa. Code §§ 33.3 and 33.302)
Commissioners Present: John R. McGinley, Jr., Chairper-son; Robert J. Harbison, III, Vice Chairperson; Alvin C.Bush; Arthur Coccodrilli; John F. Mizner
Public meeting heldMay 1, 1997
State Conservation Commission—Nutrient Management;Doc. No. 7-291
Order
On December 18, 1995, the Independent RegulatoryReview Commission (Commission) received this proposedregulation from the State Conservation Commission (Con-servation Commission). This rulemaking would create 25Pa. Code Chapter 83. The authority for this regulationsare contained in section 4 (1)of the Nutrient ManagementAct (act) (3 P. S. § 1704(1)). The proposed regulation waspublished in the December 30, 1995 edition of thePennsylvania Bulletin with an 89-day public commentperiod. The final-form regulation was submitted to theCommission on April 1, 1997.
The act was enacted in 1993 to help decrease nonpointsource pollution, especially nitrogen, into the waterwaysof this Commonwealth and the Chesapeake Bay. The actspecifically requires agriculture operations with at leasttwo animal equivalent units (AEUs) per acre to have anutrient management plan (plan). The act defines anAEU as one thousand pounds live weight of livestock orpoultry animals regardless of the actual number of indi-vidual animals comprising the unit. According to theConservation Commission, approximately 5%—10% of theagriculture operations in this Commonwealth meet thisstandard and will be required to submit a plan.
The act authorizes the Conservation Commission topromulgate regulations that establish the standards forthe development and review of plans. In developing therulemaking, the Conservation Commission worked closelywith the Nutrient Management Advisory Board whichconsists of commercial farmers, local governments, asso-ciations representing farming interests and citizens.
The regulation provides that all certified agricultureoperations (CAOs) must submit a plan within 1 year fromthe final adoption of the regulation. The plan must bedeveloped by a nutrient management specialist who hasbeen certified by the Department of Agriculture. The planmust address nutrient application rates, utilization ofexcess manure, proper manure management in the barn-yard and stormwater runoff control.
Once the plan has been developed, it must be reviewedby the Conservation Commission within 90 days of re-ceipt. If a farmer lives in a county that has a delegationagreement with the Conservation Commission, the localcounty conservation district will be responsible for review-ing and approving the nutrient management plan. Oncethe plan has been approved, the farmer will have 3 yearsto fully implement the provisions contained in the plan.
The regulation also includes the procedures for provid-ing financial assistance to farmers for the costs of devel-oping and implementing a plan. Financial assistance mayconsist either of grants, loans or loan guarantees.
The House Agricultural Committee approved the final-form regulation on April 15, 1997. We received a letterfrom the Chesapeake Bay Foundation (CBF) recommend-ing the final regulation be disapproved.
We, along with other commentators, submitted exten-sive comments on the proposed rulemaking. The Conser-vation Commission, in conjunction with the NutrientManagement Advisory Board, has adequately respondedto our Comments by either adopting our recommenda-tions or providing justification for their position. Some ofthe more significant issues with the proposed rulemaking,as well as the issues of concern of the CBF are discussedbelow.
The proposed regulation defined land suitable for ma-nure spreading to include, in part, only land that islocated within 10 miles of the point of manure generation.This limitation reduced the available land a farmer coulduse in spreading manure and increased the number offarming operations required to submit a plan. Manycommentators opposed this restriction because they didnot believe there was any basis for such a restriction andbelieved that all land owned by a farmer should beavailable for manure application. In response to thesecomments, the Conservation Commission deleted the 10-mile limit because it recognized some farmers currentlytransport manure greater distances as part of theircurrent operation and that this may become a morecommon practice in the future.
The CBF opposes the deletion of the 10 mile limit forthe determination of which farming operations will berequired to submit a plan. The CBF believes that somefarming operations may avoid submitting a plan byexpressing an intent to apply manure on land significantdistances from the point of generation, but in realitynever use the land for manure application. Therefore, theCBF supports re-inserting the 10 mile limitation todiscourage attempts of a farming operation to avoidsubmitting a plan.
Although the potential exists for a farming operation toprovide false information to avert the requirements of theregulation, we believe there are adequate controls todiscourage this practice. Specifically, the regulation re-quires that in determining whether an agricultural opera-tion is a CAO the land is or will be used in theapplication of manure. If a agricultural operation providesfalse statements about the land intended to be used formanure application, the agricultural operation would bein violation of the regulations and be subject to civilpenalties in accordance with section 1712 of the act.Therefore, we encourage the Conservation Commission, inconjunction with the Department of Agriculture, to moni-tor farming operations to ensure that an agriculturaloperation’s expressed intentions for manure applicationon distant land is actually followed by the operator.
The proposed regulation required the submittal of anerosion and sedimentation control plan (E&S plan) alongwith the nutrient management plan. The E&S plan is arequirement contained in the Department of Environmen-tal Protection’s regulations at 25 Pa. Code Chapter 102.Since the Nutrient Management Act does not require theE&S plan to be submitted with the nutrient managementplan, we and other commentators opposed the require-ment. Instead, we believed it is the responsibility of the
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DEP to assure that all farmer operations required tosubmit an E&S plan do so. In response to these com-ments, the Conservation Commission deleted the requiredsubmittal of an E&S plan as part of the nutrientmanagement plan. However, this deletion does not allevi-ate farming operations from submitting an E&S plan ifrequired to do so in accordance with 25 Pa. Code Chapter102.
The CBF supports the requirement of an E&S planbecause the uncontrolled, accelerated erosion from crop-land significantly undermines the effectiveness of thenutrient management plan. Furthermore, the CBF be-lieves the General Assembly intended to require specificsoil conservation practices as part of the plan.
We agree soil conservation is an important environmen-tal practice that should be employed by farming opera-tions. Although the regulation no longer requires thesubmittal of an E&S plan, it does require the identifica-tion of critical runoff problems areas where nutrientsdirectly discharge into surface water or ground water. Inaddition, the plan shall contain a list of specific runoffcontrol base management practices to address the criticalrunoff problem areas. Because the regulation does ad-dress runoff control problems, we believe the Conserva-tion Commission has met the intent of the GeneralAssembly to address this problem area. We do not believeit is in the public interest to require the E&S plan to besubmitted with the nutrient management plan simplybecause the required submittal of an E&S plan is notbeing followed under 25 Pa. Code Chapter 102. Instead,we believe the DEP should be making efforts to encouragethe submittal and implementation of the E&S plan.
The proposed regulation allowed the Conservation Com-mission to delegate the administration of the financialassistance program, including the authority to review andapprove applications, to one or more agents through awritten agreement. We opposed the provision that alloweda third party, by a contract with the ConservationCommission, to determine how State revenues are to bedistributed. We observed that such delegation was unlaw-ful and contrary to caselaw. Therefore, we recommendedthe regulation be amended to allow the ConservationCommission to contract with a third party for the initialreview of financial applications, but that the final deter-mination on awarding financial assistance must remainwith the Conservation Commission. The ConservationCommission agreed and amended the regulation accord-ingly.
We commented that the regulation should provide amore streamlined approach in describing the require-ments for those farming operations volunteering to de-velop and implement a nutrient management plan. Inresponse, the Conservation Commission has amended theregulation to list all applicable requirements for volun-teers in one section and to simplify the recordkeepingrequirements for these individuals.
Finally, we believed that proposed requirements formanure exporters to provide information packets to im-porters, including Conservation Commission fact sheets,the Manure Management Manual, and additional educa-tional and information items supplied by the Commission,placed an unnecessary burden on CAOs and volunteeragricultural operations. The Conservation Commissionhas amended the regulation to limit this requirement toCAOs. Further, it will require only the documents thathave been made available to the exporter by the Conser-
vation Commission or its delegated agent and only if thebroker or importer does not have a current copy of theinformational material.
We have reviewed this regulation and find it to be inthe public interest. The Conservation Commission is to becommended for its work on this significant rulemakingand its involvement of the farming community andenvironmental groups in the development of the regula-tion. The Conservation Commission has adequately re-sponded to concerns raised during the public commentperiod by either adopting recommendations made orproviding justification for its position. The implementa-tion of the regulation will help control the amount ofnon-point pollution from entering the waters of theCommonwealth.
Therefore, It Is Ordered That:
1. Regulation No. 7-291 from the State ConservationCommission, as submitted to the Commission on April 1,1997, is approved; and
2. The Commission will transmit a copy of this Orderto the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairper-son; Robert J. Harbison, III, Vice Chairperson; Alvin C.Bush; Arthur Coccodrilli; John F. Mizner
Public meeting heldMay 1, 1997
Pennsylvania Public Utility Commission—Rescission ofObsolete Regulations Regarding Motor Carriers; Amend-ment of Medallion Program; Doc. No. 57-167
Order
On May 30, 1996, the Independent Regulatory ReviewCommission (Commission) received this proposed regula-tion from the Pennsylvania Public Utility Commission(PUC). This rulemaking would rescind some obsoleteprovisions in 52 Pa. Code Chapters 29—31 relating tomotor carriers of passengers and property and makecertain other changes, as described below. The amend-ments are proposed under the authority of sections 501and 2412 of the Public Utility Code, 66 Pa.C.S. §§ 501and 2412, and section 201 of the Commonwealth Docu-ments Law (45 P. S. § 1201 et seq.). The proposedregulation was published in the June 15, 1996 edition ofthe Pennsylvania Bulletin, with a 30-day public commentperiod. The final-form regulation was submitted to theCommission on April 4, 1997.
This rulemaking, in general, would rescind some obso-lete provisions applicable to motor carriers of passengersand property. The amendments also provide cross refer-encing to other provisions of law. A new provision wouldrequire motor carriers of property that operate leasedequipment to either inspect the equipment or ensure thatthe equipment has a valid inspection decal. The final-form regulation also incorporates revised antidiscrimina-tion provisions in the PUC’s taxicab service regulation forthe City of Philadelphia. The following are the specificchanges made by this rulemaking.
In 52 Pa. Code Chapter 29 (motor carriers of passen-gers), § 29.71(b), relating to exceptions, includes a newsubparagraph (ii) which provides that the required mark-ing of vehicles (that is, with a PUC certificate of publicconvenience number) used as common carriers of passen-gers under § 29.71(a) does not apply to vehicles operatedin luxury limousine service as provided in § 29.333(c).
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This rulemaking also amends § 30.75, relating to taxi-cab driver standards under the 52 Pa. Code Chapter 30medallion program. The medallion program is in effect incities of the first class (that is Philadelphia). In theproposed version, § 30.75(f), which prohibits discrimina-tion, was amended to prohibit a taxicab driver fromdiscriminating against a person with a disability. ThePUC sought to add this to the existing prohibitionsagainst refusing taxicab service based on sex, race,religious preference, nationality, age and the person’spoint of origin or intended point of destination.
In the final-form regulation, the PUC further amended§ 30.75(f) to provide that, in a street hail of a taxicab inPhiladelphia, an available taxicab driver is required tostop and determine if the service requested by a personwith a disability can be reasonably accommodated by thatdriver’s vehicle. If not, the driver is excused from provid-ing the service but is required to call a dispatcher on thespot to arrange for service by the closest available vehicleequipped to handle the customer’s request, and to soadvise the person of the status before departing. Theseadditional procedures added to the final-form regulationwere recommended to the PUC in our Comments on theproposed version of § 30.75(f).
In the proposed version, the PUC proposed to delete 52Pa. Code § 31.13, relating to transportation of hazardousmaterials, as obsolete given the provisions of other exist-ing hazardous materials regulations. In our Comments,we noted that deleting this provision will mean that therewill be no PUC regulation which addresses or providesany guidance to anyone attempting to ascertain therequirements governing the transportation of explosives.
We recommended, accordingly, that the PUC retain§ 31.13 and amend it to include references to otherapplicable laws, including providing specific citationalreferences. We also recommended that the PUC revise itsnarrative description of this section accordingly. In thefinal-form regulation, the PUC adopted our recommenda-tion except that it did not include specific citationalreferences to the referenced laws in the text of § 31.13,although it did so in the general narrative (that is in thePUC’s order approving the final-form regulation).
The PUC has also deleted 52 Pa. Code § 31.14, relatingto transportation of unauthorized persons, as obsolete inlight of the PUC’s provisions in Chapter 37 pertaining to‘‘Safety Code for Transportation of Property and Passen-gers.’’ Chapter 37 incorporates by reference parts offederal law (from 49 CFR Parts 382 and 390—396,relating to transportation).
Section 31.32 of 52 Pa. Code, relating to equipment, isamended to permit a motor carrier to take possession ofequipment under lease after either: (1) performing aninspection or ensuring that the vehicle has a validinspection decal; or (2) complying with the periodicinspection requirements found at § 37.204(7). Section37.204(7) incorporates 49 CFR Part 396 by reference,which sets forth Federal requirements for motor vehicleinspection, repair and maintenance.
The Senate Consumer Protection and ProfessionalLicensure Committee voted unanimously to approve thisregulation on April 15, 1997. There were no publiccomments submitted on the proposed version of thisrulemaking.
In terms of the impact of these rulemaking changes,the revisions in inspection procedures will affect limou-sine carriers and motor carriers of property. The publicshould benefit from updated requirements which ensurethat vehicles and vehicle equipment have been inspected.
The new medallion program prohibition against taxicabdrivers in Philadelphia discriminating against a customerwith a disability will affect the owners and operators oftaxicabs in Philadelphia, taxicab patrons, local govern-ment enforcement officers, and the PUC staff. The ex-panded anti-discrimination requirement should benefitpersons with disabilities in street hail situations. Costsassociated with these amendments will be minimal andno increased costs for private entities are anticipated.
We have reviewed this regulation and find it to be inthe public interest. These amendments will update andimprove the clarity of the foregoing provisions of thePUC’s rules as a result of cross-referencing interrelatedregulatory provisions and eliminating obsolete require-ments. The amendments also benefit the safety of theriding public by requiring motor carriers to ensure thatequipment has been inspected. The provisions prohibitingtaxicab drivers in Philadelphia from discriminatingagainst prospective street-hail riders with disabilities isan appropriate expansion of the prohibitions againstdiscrimination by a regulated public carrier.
Therefore, It Is Ordered That:
Regulation No. 57-167 from the Pennsylvania PublicUtility Commission, as submitted to the Commission onApril 4, 1997, is approved; and
The Commission will transmit a copy of this Order tothe Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairper-son; Robert J. Harbison, III, Vice Chairperson; Alvin C.Bush; Arthur Coccodrilli; John F. Mizner
Public meeting heldMay 1, 1997
State Board of Chiropractic—Examination and BusinessProvisions; Doc. No. 16A-438
Order
On April 4, 1997, the Independent Regulatory ReviewCommission (Commission) received this regulation fromthe State Board of Chiropractic (Board). This rulemakingwould amend the Board’s examination and businessprovisions at 49 Pa. Code §§ 5.6, 5.12, 5.15, 5.16 and5.32. The authority for this regulation is found in section502 of the Chiropractic Practice Act (act) (63 P. S. §625.502). Notice of proposed rulemaking was omitted forthis regulation; it will become effective upon publicationin the Pennsylvania Bulletin.
The existing regulation provides that the Board willadminister an oral and practical examination inChiropractic Technic as part of its requirements to licensechiropractors. Section 502(b) of the act requires theBoard’s licensure examination to have oral, practical, andwritten components and include a practical demonstra-tion of chiropractic technique. Section 502(d) of the act(63 P. S. § 625.502(d)) requires all examinations to beprepared and administered by a qualified and approvedprofessional testing organization. Section 502(d) also re-quires the Board to use the testing organization’s oral/practical examination when it becomes available.
The National Board of Chiropractic Examiners (NBCE)administers Parts I, II and III of the National BoardExamination (NBE) and, as of January 1996, developedan oral and practical examination component of the NBEin Chiropractic Technic, known as Part IV. Accordingly,
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this rulemaking consists of the following changes whichhave been submitted to comply with the mandate ofsection 502(d) of the act.
In § 5.6 (relating to fees), the Board has deleted the$45 fee provision to take the oral/practical examination inchiropractic technic for the May 1996 examination (only)because it will no longer administer the oral/practicalexamination in chiropractic technic. Once these proposedchanges go into effect, candidates for licensure will paythe fee(s) to take the NBE directly to the NBCE.
In § 5.12 (relating to licensure by examination), theBoard amended subsection (a)(4) to provide that anapplicant for licensure by examination must achieve apassing score on Part IV of the NBE. Existing referencesto the Board or its designee administering the oral,practical, written exams for chiropractic technique andjurisprudence are deleted. In addition, some minor clari-fying changes in language have been made in two othersubsections.
The Board has amended § 5.15(a)(1) and (2) (relatingto licensure examinations), by adding Part IV of the NBE(to the requirements that an applicant must meet to belicensed by examination). Section 5.15(d) is amended tostate that a passing score on Part IV of the NBE obtainedat any time since Part IV has been offered by the NBCEwill satisfy the Part IV NBE requirement under§ 5.12(a)(4). This means that any candidate who confirmsthat they passed Part IV of the examination sinceJanuary 1996 (when it was first offered) will satisfy thePart IV requirement. Section 5.15(e) deletes the referenceto ‘‘oral/practical/written examinations’’ and replaces itwith ‘‘Pennsylvania Chiropractic Law Examination’’(PCLE).
In § 5.16(b) (relating to failure on examination; reex-aminations), the Board has deleted the reference tooral/practical/written examinations in chiropractic tech-nique or jurisprudence in favor of referencing that thePCLE may be retaken within 2 years.
In § 5.32 (relating to corporate and fictitious names;professional corporations), an existing restriction on thetypes of health care professionals that licensed chiroprac-tors may affiliate with is deleted. The regulation retains ageneral provision allowing chiropractors to form corpora-tions with other health care professionals.
The Senate Committee on Consumer Protection andProfessional Licensure met and voted unanimously toapprove this rulemaking on April 15, 1997, and the HouseCommittee on Professional Licensure did the same onApril 23, 1997.
These amendments will benefit graduates ofchiropractic schools who seek to be licensed in Pennsylva-nia. Under this revised regulation, students and recentgraduates will be able to take all parts of the examina-tion, including the oral/practical examination and thejurisprudence examination (Part IV), at their chiropracticcolleges in the spring and the fall of the academic year.The Board estimates that approximately 392 persons (thenumber of chiropractors newly licensed in Pennsylvaniain 1995) will be required to comply with these revisedrequirements.
The Board estimates the costs to the regulated commu-nity to comply with these revised regulatory requirementswill be $505. That figure represents the difference be-tween the $45 fee for the deleted Board-administeredoral/practical examination and the $550 fee charged bythe NBCE for an applicant to take Part IV of the NBE.However, the Board is mandated by section 502(b) of the
act to use Part IV now that it is available and candidatesfor licensure are required by law to pay all costs ofexamination.
Graduates who have passed Part IV of the NBE at anytime since Part IV was first offered in one of the 22 otherstates which require Part IV as a condition of licensurewill not need to retake the examination a second time(per amended section 5.15(d)). Also, Pennsylvania licens-ees who have passed Part IV of the NBE will getreciprocal credit towards licensure in the other 22 stateswhich require Part IV as a condition of licensure.
On April 25, 1997, the Board’s Counsel submitted tothe standing committees and the Commission some mi-nor, nonsubstantive, clarifying amendments to this rule-making. The changes consisted of amending § 5.12(a)(ii)(licensure by examination) to reference all four parts ofthe NBE, and deleting subsections (a)(3) and (4) assurplusage. These revisions make the language of § 5.12more parallel with the language in § 5.15 (licensureexaminations). Section 5.15(e), relating to the PCLE, wasamended by adding a cross reference to the fee provisionsof § 5.6.
These proposed amendments have no cost impact onstate or local government. No additional formal reporting,recordkeeping or paperwork will be required by theproposed amendments, nor will any legal, accounting orconsultant procedures be impacted.
We have reviewed this regulation and find it to be inthe public interest. These amendments will update theexamination and licensure requirements of the Board andbring them into compliance with section 502(b) of the act.We must also note, however, that these regulatory amend-ments were submitted to the standing committees andthis Commission well after the Board first voted (inAugust 1995) to recognize Part IV of the NBE and itsvote (in April, 1996) to require the use in Pennsylvania ofPart IV of the NBE, effective in November 1996. We urgethe Board to act more promptly to amend its regulationsafter it decides to implement changes in its licensurerequirements and policies.
Therefore, It Is Ordered That:
Regulation No. 16A-438 from the State Board ofChiropractic, as submitted to the Commission on April 4,1997, and amended on April 25, 1997, is approved; and
The Commission will transmit a copy of this Order tothe Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairper-son; Robert J. Harbison, III, Vice Chairperson; Alvin C.Bush; Arthur Coccodrilli; John F. Mizner
Public meeting dateMay 1, 1997
State Registration Board for Professional Engineers, LandSurveyors and Geologists—Fees; Doc. No. 16A-474
Order
On April 4, 1997, the Independent Regulatory ReviewCommission (Commission) received this regulation fromthe State Registration Board for Professional Engineers,Land Surveyors and Geologists (Board). This rulemakingwould amend 49 Pa. Code § 37.17 relating to schedule offees. The authority for this regulation is section 812.1 ofThe Administrative Code of 1929 (71 P. S. § 279.3a) andsections 4(d) and 9 of the Engineer, Land Surveyor andGeologist Registration Law (63 P. S. §§ 151(d) and 156).
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Notice of proposed rulemaking was omitted for thisregulation; it will become effective upon publication in thePennsylvania Bulletin.
This regulation reduces the fees for the Fundamentalsof Geology examination and the Principles and Practice ofGeology examination. The fee for each of these twolicensure examinations was $175. This regulation willreduce the fee to $150. Both examinations are preparedand administered by the National Association of StateBoards of Geology (NASBG). When the fees were origi-nally established in section 37.12, the contract price foreach examination was $175. This contract was re-negotiated to decrease the price for each of the twoexaminations by $25.
This regulation will have no additional fiscal impact onthe Commonwealth or local governments. The NASBGadministers the examinations to Pennsylvania applicantsin April and October. The regulation will be effective uponpublication in the Pennsylvania Bulletin. However, appli-cants for the April 1997 examinations were notified of thereduced fee and were charged $150 for each examination.According to the Board, 12 applicants took the examina-tions in April.
The Senate Consumer Protection and ProfessionalLicensure Committee met and approved this regulationon April 15, 1997. The House Professional LicensureCommittee met on April 23, 1997, and also voted toapprove this regulation.
We have reviewed this regulation and find it to be inthe public interest. This regulation stands in significantcontrast to most fee regulations promulgated by theprofessional licensure boards since it is a decrease. Sec-tion 812.1(b) of The Administrative Code of 1929 requiresthat the ‘‘applicants’ fees cover the entire cost of theexamination.’’ This regulation is necessary to meet thisstatutory requirement. We commend the State Board andBureau of Professional and Occupational Affairs for secur-ing lower fees for examinations administered by a Na-tional testing organization.
Therefore, It Is Ordered That:
Regulation No. 16A-474 from the State RegistrationBoard for Professional Engineers, Land Surveyors andGeologists, as submitted to the Commission on April 4,1997, is approved; and
The Commission will transmit a copy of this Order tothe Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairper-son; Robert J. Harbison, III, Vice Chairperson; Alvin C.Bush; Arthur Coccodrilli; John F. Mizner
Public meeting heldMay 1, 1997
State Board of Optometry—Fees; Doc. No. 16A-524
Order
On April 4, 1997, the Independent Regulatory ReviewCommission (Commission) received this regulation fromthe State Board of Optometry (Board). This rulemakingwould amend 49 Pa. Code § 23.91. The authority for thisregulation is found in sections 4.1 and 9(c) of theOptometric Practice and Licensure Act (act) (63 P. S. §§244.4a and 244.9(c)). Notice of proposed rulemaking wasomitted for this regulation; it will become effective uponpublication in the Pennsylvania Bulletin.
Act 130 of 1996, which added section 4.1 to the act,empowered the Board to certify qualified licensees toprescribe and administer pharmaceutical agents fortherapeutic purposes (TPAs). Section 9(c) of the actrequires the Board to fix fees by regulation to matchrevenues with expenditures. The proposed regulationestablishes a fee of $25 for optometrists seeking certifica-tion to prescribe and administer TPAs. Qualified appli-cants who are licensed optometrists in Pennsylvania andapply under either Category A or B will receive a licensewith a modified license number to indicate the additionalauthorization to prescribe and administer TPAs. Therequirements of Categories A and B are as follows:
Category A: Applicant has graduated from an accred-ited school of optometry and, as a condition ofgraduation, has successfully completed a minimum of100 hours in the prescription and administration ofpharmaceutical agents for therapeutic purposes andhas passed a licensure examination to practice op-tometry which examination included the prescriptionand administration of pharmaceutical agents fortherapeutic purposes.
Category B: Applicant has completed a board ap-proved course of a minimum of 100 hours in theprescription and administration of pharmaceuticalagents for therapeutic purposes and has passed anexamination on the prescription and administrationof pharmaceutical agents for therapeutic purposeswhich examination was prepared and administeredby a qualified and approved professional testingorganization.
In order for an optometrist to maintain the authority toprescribe and administer TPAs, the licensee must com-plete continuing education requirements relating to theprescription and administration of TPAs.
The Senate Consumer Protection and ProfessionalLicensure Committee approved the regulation on April 15,1997. The House Professional Licensure Committee ap-proved the regulation on April 23, 1997.
We have reviewed this regulation and find it to be inthe public interest. However, we note that this regulationis only the first step necessary for the Board to complywith the requirements of Act 130. Act 130 not onlyauthorizes the Board to certify qualified licensees toprescribe and administer TPAs, but also requires thelicensees to complete a total of 30 hours of continuingeducation every 2 years, 6 hours of which must relate toTPAs. The Board’s existing regulations on continuingeducation requirements at 49 Pa. Code §§ 23.81— 23.89only require 24 hours of continuing education and makeno specific reference to TPA requirements. It is ourunderstanding that the Board is developing a proposedregulation which will update the existing continuingeducation requirements and define a board-approvedcourse in TPAs. We encourage the Board to proceedexpeditiously with the promulgation of this proposedregulation to bring the Board’s existing regulations intocompliance with Act 130.
Therefore, It Is Ordered That:
Regulation No. 16A-524 from the State Board of Op-tometry, as submitted to the Commission on April 4, 1997,is approved; and
The Commission will transmit a copy of this Order tothe Legislative Reference Bureau.
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Commissioners Present: John R. McGinley, Jr., Chairper-son; Robert J. Harbison, III, Vice Chairperson; Alvin C.Bush; Arthur Coccodrilli; John F. Mizner
Public meeting heldMay 1, 1997
State Board of Pharmacy—Examination Fees; Doc. No.16A-545
OrderOn April 4, 1997, the Independent Regulatory Review
Commission (Commission) received this regulation fromthe State Board of Pharmacy (Board). This rulemakingwould amend 49 Pa. Code Chapter 27. The authority forthis regulation is contained in section 6(k) of the Phar-macy Act (63 P. S. § 390-6(k)) and section 812.1 of TheAdministrative Code of 1929 (71. P. S. § 279.3(a)). Noticeof proposed rulemaking was omitted for this regulation; itwill become effective upon publication in the Pennsylva-nia Bulletin.
The Board is amending its examination regulationsbecause the National testing organization, the NationalAssociation of Board of Pharmacy (NABP), is changing itsmethod of testing candidates from a ‘‘pencil and paper’’test to a computer based test. In March 1997, the NABPbegan to offer the North American Pharmacist LicensureExamination as the National uniform exam.
The specific amendments to the regulation includerequiring the applicant to file an examination application45 days prior to the exam. Part of the materials to besubmitted include proof of graduation with a B.S. or anadvanced degree in pharmacy granted by an ACPEaccredited school, as well as affidavits of all internships.
The regulation also changes the passing score for theNational American Pharmacist Licensure Examination(NAPLEX) and the Federal Drug Law Examination(FDLE) from an established score of 75 to a specific scoreto be determined by the NABP.
Finally, the regulation reduces the NAPLEX examina-tion fee from $295 to $250 and maintains the FDLEexamination fee at $75.
The Senate Consumer Affairs and ProfessionalLicensure Committee approved the regulation on April 15,1997. The House Professional Licensure Committee ap-proved the regulation on April 23, 1997.
When the regulation was originally submitted on April4, 1997, it contained an inconsistent standard for theminimum passing score for the NAPLEX and the FDLE.The Board agreed, and on April 11, 1997, the Boardamended the regulation to indicate that after March 1,1997, the minimum passing score for both exams will be
determined by the NABP. At our request, the Board alsoprovided further clarification on type of accredited schoolsthe Board recognizes and the forms that must be submit-ted with the examination application.
We have reviewed this regulation and find it to be inthe public interest. The regulation will allow the Board toinstitute the use of a computer based examination forlicensure, which should be a more efficient and conve-nient method to test candidates for licensure.Therefore, It Is Ordered That:
1. Regulation No. 16A-545 from the State Board ofPharmacy, as submitted to the Commission on April 4,1997, and amended on April 11, 1997 is approved; and
2. The Commission will transmit a copy of this Orderto the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairper-son; Robert J. Harbison, III, Vice Chairperson; Alvin C.Bush; Arthur Coccodrilli; John F. Mizner
Public meeting heldMay 1, 1997
State Board of Cosmetology—Examination Fees; Doc. No.16A-453
OrderOn April 4, 1997, the Independent Regulatory Review
Commission (Commission) received this regulation fromthe State Board of Cosmetology (Board). This rulemakingwould amend 49 Pa. Code § 7.2. The authority for thisregulation is section 812.1 of The Administrative Code of1929 (71 P. S. § 279.3a) and section 16(a) of the Cosme-tology Law (63 P. S. § 522(a)). Notice of proposed rule-making was omitted for this regulation; it will becomeeffective upon publication in the Pennsylvania Bulletin.
The Board has restructured § 7.2 by deleting obsoletefees in subsection (a) and the currently effective fees fromsubsection (b). All licensure examination fees are nowrelocated in subsection (a). The complete licensing exami-nation fees for a cosmetologist, cosmetician, manicurist orteacher examination is increased from $52.50 to $59. Thefee includes a theory examination at $31, also required ofmanagers, and a performance examination at $28. Thenew subsection (b) includes the various licensure, regis-tration, renewal and certification fees previously estab-lished in regulation.
The Board has eliminated the Pennsylvania Law Ex-amination, which tested knowledge of State law, rulesand regulations, from the examination requirements forall license categories. The new fee structure is as follows:
Licensure Current Fees Proposed FeesCategoriesCosmetologist, Manicurist, Cosmetician and Teacher $52.50 Complete $59.00
$27.00 Written (theory) $31.00$24.00 Practical (Performance) $28.00$18.50 Pennsylvania Law Deleted$69.50 Total (if taken separately) $59.00
Manager $28.50 Complete$27.00 Written (theory) $31.00$18.50 Pennsylvania Law Deleted$45.50 Total (if taken separately)
The proposed new fees will be effective for the term ofthe Board’s contract with the testing agency, which runs
from July 1, 1997 to June 30, 2002. The new fees arenecessary because the Board executed a new contract
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with a professional testing organization. Testing fees forcandidates will decrease overall because the Pennsylvanialaw examination is no longer required.
The Senate Consumer Affairs and ProfessionalLicensure Committee approved this regulation on April15, 1997. The House Professional Licensure Committeeapproved this regulation on April 23, 1997.
We have reviewed this regulation and find it to be inthe public interest. However, we are concerned that theBoard, through notification to schools of cosmetology onSeptember 16, 1996, announced that the State law por-tion of the examination would no longer be given effectiveJanuary 1997. We question why the Board did not elect tochange its testing requirements effective with the July1997 examination after approval of the final-omittedrulemaking by the standing committees and the Commis-sion. As it stands, the Board’s action conflicts with therequirements in § 7.2(b). Alternatively, the Board couldhave submitted this final-omitted regulation in a moretimely manner. In either case, we believe administrativeactions of the Board should be consistent with it isregulations.
Therefore, It Is Ordered That:
1. Regulation No. 16A-453 from the State Board ofCosmetology, as submitted to the Commission on April 4,1997, is approved; and
2. The Commission will transmit a copy of this Orderto the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairper-son; Robert J. Harbison, III, Vice Chairperson; Alvin C.Bush; Arthur Coccodrilli; John F. Mizner
Public meeting heldMay 1, 1997
State Board of Dentistry—Fictitious Names; Doc. No.16A-466
Order
On April 4, 1997, the Independent Regulatory ReviewCommission (Commission) received this regulation fromthe State Board of Dentistry (Board). On April 25, 1997,the Board submitted an amended regulation to incorpo-rate technical revisions suggested by the House Profes-sional Licensure Committee. This rulemaking wouldamend 49 Pa. Code §§ 33.3 and 33.302 to be consistentwith the amendments to Act 113 of 1996 (Act 113). Theauthority for this regulation is 63 P. S. § 122(g.1). Noticeof proposed rulemaking was omitted for this regulation; itwill become effective upon publication in the Pennsylva-nia Bulletin.
The existing regulation provides that the Board willcharge a fee to review a dental facility fictitious nameapplication and approve or disapprove the applicationbased upon the Board’s judgment on whether the namesare false, misleading or deceptive. Act 113 added section3(g.1) (63 P. S. § 122(g.1)) to the Dental Law whichprovides the Board with the power and duty ‘‘to receiveand record all filings of the names and fictitious names ofproviders of dental services but shall not make determi-nations or judgments as to the appropriateness of suchnames.’’ Accordingly, the Board is changing the name ofthe fee in § 33.3 from ‘‘Dental facility name application’’fee to ‘‘Fictitious name registration’’ fee. The fee of $35 isnot proposed to be amended. The Board is proposingamendments to § 33.202 to delete several provisions for
approval or disapproval of applications and to replace theword ‘‘application’’ with ‘‘registration.’’
The Board believes public comment is not necessarybecause the new provisions of Act 113 repeal the approvalprovisions in the Board’s regulations. The Board statedthat all persons affected by the proposed amendmentswere notified of the Board’s intention to modify theregulations before the final-omitted regulation was filed.
The Senate Consumer Protection and ProfessionalLicensure unanimously approved this proposed regulationon April 15, 1997. The House Professional LicensureCommittee approved this proposed regulation on April 23,1997, but recommended technical revisions to the Board.The Board responded to the House Professional LicensureCommittee’s recommendations by submitting a revisedfinal-omitted regulation on April 25, 1997, incorporatingthe technical revisions. The Pennsylvania Dental Associa-tion submitted a letter, dated April 20, 1997, stating noobjection to the proposed amendments to the regulation.
Approximately 100 dentists apply each year to usefictitious names. The Board does not believe this proposedregulation will adversely affect anyone. The Board be-lieves the proposed change is a benefit because dentistswill no longer have to wait for the Board’s approval to useor advertise under fictitious names.
We have reviewed this regulation and find it to be inthe public interest. While the Board has made thechanges necessary to reflect the registration requirementsof Act 113, it will continue to charge a $35 fee, eventhough the fee will be for registration of a fictitious namerather than the existing application and review process.This shift in duties should reduce the amount of workinvolved in processing fictitious name filings. The Boardhas requested a review of the fee through the Departmentof State’s Bureau of Professional and Occupational Af-fair’s revenue office to determine whether the fee can bereduced. Although we believe it would have been appro-priate for this rulemaking to include a change in the feealong with the other amendments, we strongly encouragethe Board to file a change in the fee as soon as possible tobetter reflect the cost of the reduced procedures associ-ated with registration of a fictitious name.Therefore, It Is Ordered That:
1. Regulation No. 16A-466 from the State Board ofDentistry, as submitted to the Commission on April 4,1997, and amended April 25, 1997, is approved; and
2. The Commission will transmit a copy of this Orderto the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairper-son; Robert J. Harbison, III, Vice-Chairperson; Alvin C.Bush; Arthur Coccodrilli—Dissenting; John F. Mizner
OrderOn July 24, 1996, the Independent Regulatory Review
Commission (Commission) received this proposed regula-tion from the Environmental Quality Board (EQB). Thisrulemaking would amend 25 Pa. Code Chapters 261, 262,264, 265 and 266. Under sections 105, 401—403 and 501of the Solid Waste Management Act, the EQB has thestatutory authority to adopt rules and regulations con-cerning the storage, treatment, disposal and transporta-
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tion of hazardous waste as are necessary to protect thepublic’s health, safety and welfare, as well as protect theenvironmental resources of the Commonwealth. The pro-posed regulation was published in the PennsylvaniaBulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission onApril 1, 1997.
The EQB proposes to amend the existing hazardouswaste regulations by adding a universal waste rule thatis essentially identical to the Environmental ProtectionAgency (EPA) universal waste rule. The EPA promulgatedits universal waste rule at 40 CFR Part 273 because itconcluded that the existing regulatory structure is notappropriate for certain widely generated wastes referredto as ‘‘universal wastes.’’ Universal wastes include nickelcadmium and other types of batteries, pesticides andmercury-containing thermostats. The universal waste ruleis a set of simplified management standards for thecollection and transportation of universal wastes.
Universal wastes share the following common charac-teristics:
• They may be generated in a variety of settings otherthan industrial settings;
• They may be generated by a large community whichimposes program implementation difficulties; and
• They may be present in significant volumes in non-hazardous waste management systems.
The universal waste rule is designed to accomplishthree general goals. The first goal is to encourage re-source conservation, while ensuring adequate protectionof human health and the environment. The second goal isto improve implementation of the current hazardouswaste regulatory program. The third goal is to provideincentives for individuals and organizations to collect theunregulated portions of these universal waste streamsand manage them using the same systems developed forthe regulated portion, thereby removing universal wastesfrom the municipal waste stream.
On the proposed rulemaking, the EQB received lettersfrom Bethlehem Apparatus Company, Inc. (Bethlehem),SmithKline Beecham and an association of companiescalled Specialty Steel Industry of Pennsylvania (SSIPA).Bethlehem and SmithKline Beecham did not commentdirectly on provisions in the regulation, but rather re-sponded to the EQB’s request for comments and support-ing documentation concerning the inclusion of fluorescenttubes, as well as other wastes or waste categories, underthe universal waste rule on final publication. SSIPAcommented that fluorescent tubes should be includedunder the universal waste rule and commented on aconcern with shipping papers and labeling of universalwastes.
The EQB believes the full hazardous waste regulationshave inhibited the creation of systems to collect andtransport universal wastes. The universal waste rule willmake management standards less complex and less costly.The EQB believes Pennsylvania will benefit from theuniversal waste rule because the rule will prevent pollu-tion by facilitating the proper disposal or recycling ofwastes under the program.
The EQB lacks the data to estimate costs related tothis regulation. However, since the EQB’s proposed regu-lation is essentially equivalent to the EPA’s universalwaste rule, the EQB expects cost reductions similar toEPA’s analysis that indicates management costs for gen-erators of universal wastes should be reduced by 50%
when compared to management under full Subtitle CRCRA standards. Comments on the proposed rulemakingadvocated adding wastes to the universal waste programwhich supports the theory that costs will be reduced.
The Department of Environmental Protection (DEP)intends to provide assistance with compliance with theuniversal waste rule. DEP plans to prepare fact sheets tohelp explain how the universal waste rule works. DEPalso intends to work with industry groups to developworkshops to explain how individuals can use the univer-sal waste rule to establish collection systems to recycle orproperly dispose of universal wastes.
SSIPA commented on the final-form rulemaking regard-ing their concern with shipping papers and labeling ofuniversal wastes. Bethlehem submitted comments con-cerning the process to add additional univeral wastes, butsubsequently withdrew their comments. SSIPA’s com-ments on the final-form rulemaking reiterated its concernthat the regulation remains unclear on the proper ship-ping name for a universal waste. We have reviewed theEQB’s position and SSIPA’s concern. Since the regulationrequires labeling as a univeral waste in addition to USDOT labeling, we believe the EQB is correct that contentsof a package will be labeled as a waste. Since we believethe regulation is clear, we consider this issue to beresolved.
We have reviewed this regulation and find it to be inthe public interest. The main issue in our Commentsconcerned the EQB’s proposed petition process to addadditional universal wastes. The EQB proposed a processwhich would have allowed DEP to amend the regulationby other than a regulation, thereby circumventing thelegislative and public scrutiny afforded by the regulatoryreview process. In our Comments, we strongly recom-mended that the EQB delete the proposed petition pro-cess in its entirely in the final-form regulation. Insteadwe recommended that the EQB use rulemakings to addadditional wastes to the universal waste rule.
In Subchapter P, the EQB’s final-form regulation indi-cates that parties may petition the DEP for a regulatoryamendment to add additional universal wastes. However,in order to understand the full obligation required topetition DEP to add an additional universal waste, thepetitioner will need to meet the specific requirements ofSubchapter P of Chapter 266 and Chapter 23 Environ-mental Quality Board Policy for Processing Petitions—Statement of Policy. One important difference betweenSubchapter P and Chapter 23, is that Subchapter P doesnot directly require the petitioner to provide proposedregulatory language, whereas Chapter 23 does. Therefore,we believe the final-form regulation would be clearer ifSubchapter P referenced Chapter 23. DEP stated at ourPublic Meeting that this was an oversight due to theirfamiliarity with the use of Chapter 23 and agreed that across reference would be helpful. DEP assured the Com-mission that successful petitions under Subchapter Pwould be processed as rulemakings under Chapter 23.With the public assurance from DEP that they willprocess successful petitions into rulemakings and thatDEP will make this point clear upon publication of thefinal-form rulemaking in the Pennsylvania Bulletin, weconsider this issue to be resolved.
Therefore, It Is Ordered That:
1. Regulation No. 7-297 from the Environmental Qual-ity Board, as submitted to the Commission on April 1,1997, is approved; and
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2. The Commission will transmit a copy of this Orderto the Legislative Reference Bureau.
JOHN R. MCGINLEY, Jr.,Chairperson
[Pa.B. Doc. No. 97-793. Filed for public inspection May 16, 1997, 9:00 a.m.]
Notice of Filing of Final-Form Rulemakings
The Independent Regulatory Review Commission re-ceived, on the dates indicated, the following final-formregulations for review. The regulations will be consideredwithin 30 days of their receipt at a public meeting of theCommission. To obtain the date and time of the meeting,interested parties may contact the office of the Commis-sion at (717) 783-5417. To obtain a copy of the regulation,interested parties should contact the agency promulgatingthe regulation.Reg. No. Agency/Title Received16A-377 State Board of Physical Therapy 5/2/97
Athletic Trainers; Class A & BCertification
16A-543 State Board of Pharmacy 5/2/97Facsimile Machines
57-155 Pennsylvania Public Utility Com-mission
5/5/97
Interexchange TelecommunicationCarriers
57-172 Pennsylvania Public Utility Com-mission
5/5/97
Meter Tests7-299 Environmental Quality Board 5/6/97
Corrections to Drainage Lists7-294 Environmental Quality Board 5/6/97
Administration of Sewage Facil-ities, Planning Program and Stan-dards for Sewage Disposal Facil-ities (Act 149)
JOHN MCGINLEY, Jr.,Chairperson
[Pa.B. Doc. No. 97-794. Filed for public inspection May 16, 1997, 9:00 a.m.]
INSURANCE DEPARTMENTApplication For An Insurance Premium Finance
Company License
Mountain Top Premium Finance, Inc. has applied for alicense to operate as an insurance premium financecompany in Pennsylvania. The filing was made under therequirements set forth under the Insurance PremiumFinance Company Act (40 P. S. §§ 3301—3314). Personswishing to comment on the grounds of public or privateinterest are invited to submit a written statement to theInsurance Department within 30 days from the date ofthis issue of the Pennsylvania Bulletin. Each writtenstatement must include name, address and telephonenumber of the interested party, identification of theapplication to which the comment is addressed, and aconcise statement with sufficient detail to inform theInsurance Department of the exact basis of the commentand the relevant facts upon which it is based. Writtenstatements should be directed to Robert Brackbill, Insur-
ance Company Licensing Specialist, Insurance Depart-ment, 1345 Strawberry Square, Harrisburg, PA 17120, orby fax to (717) 787-8557.
LINDA S. KAISER,Insurance Commissioner
[Pa.B. Doc. No. 97-795. Filed for public inspection May 16, 1997, 9:00 a.m.]
Application for Voluntary Dissolution
United Fidelity & Surety Company, a domestic stockcasualty insurance company, has submitted an applicationfor approval of the voluntarily dissolution of its charter.The filing was made under requirements set forth underthe Business Corporation Law of 1988, 15 Pa.C.S. § 1 etseq. Persons wishing to comment on the grounds of publicor private interest concerning the dissolution, are invitedto submit a written statement to the Insurance Depart-ment within 30 days from the date of this issue of thePennsylvania Bulletin. Each written statement must in-clude the name, address and telephone number of thewriter, identification of the application to which thecomment is addressed, and a concise statement withsufficient detail to inform the Insurance Department ofthe exact basis of the comment and the relevant factsupon which it is based. Written statements should bedirected to Robert Brackbill, Licensing Specialist, Com-pany Licensing Division, Room 1311 Strawberry Square,Harrisburg, PA 17120, or by fax to (717) 787-8557.
LINDA S. KAISER,Insurance Commissioner
[Pa.B. Doc. No. 97-796. Filed for public inspection May 16, 1997, 9:00 a.m.]
Old Guard Insurance Group; Rate Revision forHomeowners
On May 2, 1997, the Insurance Department receivedfrom Old Guard Insurance Group a filing of rates forHomeowners Insurance.
The company requests an overall 6.2% increaseamounting to $810,000 increase annually, to be effectiveJune 15, 1997.
Unless formal administrative action is taken prior toJuly 1, 1997, the subject filing may be deemed approvedby operation of law.
Copies of the filing will be available for public inspec-tion, by appointment, during normal working hours at theInsurance Department’s offices in Harrisburg, Philadel-phia, Pittsburgh and Erie.
Interested parties are invited to submit written com-ments, suggestions or objections to Rick Pawelski, Insur-ance Department, Bureau of Regulation of Rates andPolicies, Room 1311, Strawberry Square, Harrisburg, PA17120, within 30 days after publication of this notice inthe Pennsylvania Bulletin.
LINDA S. KAISER,Insurance Commissioner
[Pa.B. Doc. No. 97-797. Filed for public inspection May 16, 1997, 9:00 a.m.]
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Pennsylvania Professional Liability Joint Under-writing Association
On April 30, 1997, the Insurance Department receivedfrom the Pennsylvania Professional Liability Joint Under-writing Association (JUA) a filing requesting that itscurrently approved rules and rates remain in effect forhealth care providers.
Unless formal administrative action is taken prior toJune 29, 1997, the subject filing may be deemed approvedby operation of law.
Copies of the filing will be available for public inspec-tion, by appointment, during normal working hours at theInsurance Department’s offices in Harrisburg, Philadel-phia, Pittsburgh and Erie.
Interested parties are invited to submit written com-ments, suggestions or objection to Julie Cheung, Insur-ance Department, Bureau of Rate and Policy Regulation,Room 1311, Strawberry Square, Harrisburg, PA 17120,within 30 days after publication of this notice in thePennsylvania Bulletin.
LINDA S. KAISER,Insurance Commissioner
[Pa.B. Doc. No. 97-798. Filed for public inspection May 16, 1997, 9:00 a.m.]
Review Procedure Hearings; Cancellation or Re-fusal of Insurance
The following insureds have requested a hearing, asauthorized by section 9(a) of the act of June 5, 1968 (P. L.140, No. 78) (40 P. S. § 1008.9(a)) in connection with theircompany’s termination of the insured’s automobile poli-cies.
The hearings will be held in the Capitol AssociatesBuilding, 901 North Seventh Street, Second Floor Hear-ing Room, Harrisburg, PA 17102.
Appeal of Hanawalt, Susan; file no. 97-188-01659;Allstate Insurance Company; doc. no. P97-05-003; June17, 1997, at 4 p.m.;
Appeal of Weyant, David B.; file no. 97-308-70697;State Farm Mutual Automobile Insurance Co.; doc. no. PI97-05-004; June 23, 1997, at 1 p.m.
Parties may appear with or without counsel and offerrelevant testimony or evidence to support their respectivepositions. The representative of the company must bringrelevant claims files, documents, photographs, drawings,witnesses and the like necessary to substantiate the case.The insured must bring any evidence which the insuredmay want to offer at the hearing. The hearing will beheld in accordance with the requirements of sections 9and 10 of the act (40 P. S. §§ 1008.9 and 1008.10) and 1Pa. Code Part II (relating to the General Rules ofAdministrative Practice and Procedure).
After the hearing, the Insurance Commissioner willissue a written order resolving the factual issues pre-sented at the hearing and stating what remedial action, ifany, is required. The Commissioner’s Order will be sent tothose persons participating in the hearing or their desig-nated representatives. The order of the Commissioner issubject to judicial review by the Commonwealth Court.
Persons with a disability who wish to attend theabove-referenced administrative hearing and require an
auxiliary aid, service or other accommodation to partici-pate in the hearing should contact Tracey Pontius, AgencyCoordinator at (717) 787-4289.
LINDA S. KAISER,Insurance Commissioner
[Pa.B. Doc. No. 97-799. Filed for public inspection May 16, 1997, 9:00 a.m.]
Review Procedure Hearings under The Unfair In-surance Practices Act
The following insureds have requested a hearing asauthorized by section 8 of The Unfair Insurance PracticesAct (40 P. S. § 1171.8) in connection with their company’stermination of the insured’s policies.
The hearing will be held in the Capitol AssociatesBuilding, 901 North Seventh Street, Second Floor Hear-ing Room, Harrisburg, PA 17102.
Appeal of Guinan, Margot; file no. 97-124-01468; Pru-dential Property and Casualty Insurance; doc. no. P97-05-006; June 23, 1997, at 2 p.m.
Both parties may appear with or without counsel andoffer relevant testimony or evidence to support theirrespective positions. The representative of the companymust bring relevant claims files and other necessaryevidence. The insured must bring all documents, photo-graphs, drawings, witnesses and the like necessary tosubstantiate the case. The hearing will be held in accord-ance with the requirements of 2 Pa.C.S. §§ 501—508 and701—704 (relating to the Administrative Agency Law);section 8 of The Unfair Insurance Practices Act (40 P. S.§ 1171.8) and the regulations set forth at 31 Pa. Code§ 59.7(e) (relating to appeal procedures). Under 31 Pa.Code § 59.7(e)(5), procedural matters will be in conform-ance with 1 Pa. Code Part II (relating to General Rules ofAdministrative Practice and Procedure) unless specificexemption is given.
After the hearing, the Insurance Commissioner willissue a written order resolving the factual issues pre-sented at the hearing and stating what remedial action, ifany, is required. The Commissioner’s Order will be sent tothose persons participating in the hearing or their desig-nated representatives. The order of the Commissioner issubject to judicial review by the Commonwealth Court.
Persons with a disability who wish to attend theabove-referenced administrative hearing and require anauxiliary aid, service or other accommodation to partici-pate in the hearing should contact Tracey Pontius, AgencyCoordinator at (717) 787-4289.
LINDA S. KAISER,Insurance Commissioner
[Pa.B. Doc. No. 97-800. Filed for public inspection May 16, 1997, 9:00 a.m.]
On May 2, 1997, the Insurance Department receivedfrom Travelers Indemnity Company a filing of rates forHomeowners Insurance.
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The company requests an overall 4.1% increaseamounting to $2,705,000 increase annually, to be effectiveAugust 22, 1997, for new business and February 9, 1997,for renewals.
Unless formal administrative action is taken prior toJuly 1, 1997, the subject filing may be deemed approvedby operation of law.
Copies of the filing will be available for public inspec-tion, by appointment, during normal working hours at theInsurance Department’s office in Harrisburg, Philadel-phia, Pittsburgh and Erie.
Interested parties are invited to submit written com-ments, suggestions or objections to Rick Pawelski, Insur-ance Department, Bureau of Regulation of Rates andPolicies, Room 1311, Strawberry Square, Harrisburg, PA17120, within 30 days after publication of this notice inthe Pennsylvania Bulletin.
LINDA S. KAISER,Insurance Commissioner
[Pa.B. Doc. No. 97-801. Filed for public inspection May 16, 1997, 9:00 a.m.]
LEGISLATIVE REFERENCEBUREAU
Documents Filed But Not Published
The Legislative Reference Bureau accepted the follow-ing documents during the preceding calendar month forfiling without publication under 1 Pa. Code § 3.13(b)(relating to contents of Bulletin). The Bureau will con-tinue to publish on a monthly basis either a summarytable identifying the documents accepted during thepreceding calendar month under this subsection or astatement that no such documents have been received.For questions concerning or copies of documents filed, butnot published, call (717) 783-1530.
Executive Board
Resolution #CB-97-062, Dated March 26, 1997. TheCommonwealth of Pennsylvania entered into an interestarbitration award with the Fraternal Order of Police,Lodge #85, Capitol/Airport Police; the arbitration awardencompasses approximately 92 employes in thenonsupervisory unit.
Resolution #CB-97-065, Dated March 26, 1997. TheCommonwealth of Pennsylvania entered into an interestarbitration award with the American Federation of State,County, and Municipal Employees, AFL-CIO, Game Com-mission Act 111 bargaining unit; the arbitration awardencompasses approximately 195 employes in anonsupervisory unit certified by the Pennsylvania LaborRelations Board, PF-R-92-122-E.
Resolution #CB-97-092, Dated, March 26, 1997. TheCommonwealth of Pennsylvania entered into a CollectiveBargaining Agreement with the Pennsylvania State Edu-cation Association, National Education Association, LocalAssociation at Hiram G. Andrews Center; the CollectiveBargaining Agreement encompasses approximately 34employes in the nonsupervisory unit, certified by thePennsylvania Labor Relations Board, on August 2, 1991,more specifically referred to as PERA-R-91-196-C.
Governor’s Office
Manual M210.3—Index of Issuances—Revision No. 1,dated April 8, 1997.
Management Directive No. 315.28—Taxability of State-Provided Parking—Revision No. 1, dated March 24, 1997.
Management Directive No. 515.21—CommonwealthSchool to Work Program—dated April 21, 1997.
Management Directive No. 520.7—Development andValidation of Classification Standards, amended April 3,1997.
Management Directive No. 525.13—Maintenance ofWeighted Salaries, amended March 26, 1997.
Administrative Circular No. 97-12—Closing InstructionNo. 2, 1996-97 Fiscal Year; Preclosing at May 30, 1997,dated April 4, 1997.
Administrative Circular No. 97-13—Distribution of the1997 Governor’s Annual Work Force Report, dated April11, 1997.
Administrative Circular No. 97-14—Prohibition and Re-striction of Smoking in State Buildings, dated April 18,1997.
Administrative Circular No. 97-15—Availability of StateSurplus Real Property for Transfer to CommonwealthAgencies—Union County, dated April 21, 1997.
GARY R. HOFFMAN,Director
Pennsylvania Bulletin[Pa.B. Doc. No. 97-802. Filed for public inspection May 16, 1997, 9:00 a.m.]
LIQUOR CONTROL BOARDExpiration of Leases
The following Liquor Control Board leases will expire:
Allegheny County, Wine and Spirits Shoppe # 0223, 544North Avenue, Pittsburgh, PA 15209-2349.Lease Expiration Date: June 30, 1998Lease retail commercial space to the Commonwealth ofPennsylvania. Proposals are invited to provide the Penn-sylvania Liquor Control Board with approximately 1,800net useable square feet of new or existing retail commer-cial space serving the Millvale area. Good loading facil-ities and off-street parking required.Proposals due: June 6, 1997 at 12 noon
Department: Pennsylvania Liquor Control BoardLocation: Bureau of Real Estate, State Office
Building, Rm. 408, 300 Liberty Avenue,Pittsburgh, PA 15222
Contact: Tom Deal, (412) 565-5130
NOTICES 2501
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Washington County, Wine and Spirits Shoppe # 6303, 654McKean Avenue, Donora, PA 15033-1003.Lease Expiration Date: April 30, 1998Lease retail commercial space to the Commonwealth ofPennsylvania. Proposals are invited to provide the Penn-sylvania Liquor Control Board with approximately 1,500net useable square feet of new or existing retail commer-cial space serving the Donora area.Proposals due: June 6, 1997 at 12 noon
Department: Pennsylvania Liquor Control BoardLocation: Bureau of Real Estate, State Office
Building, Rm. 408, 300 Liberty Avenue,Pittsburgh, PA 15222
Contact: Tom Deal, (412) 565-5130JOHN E. JONES, III,
Chairperson[Pa.B. Doc. No. 97-803. Filed for public inspection May 16, 1997, 9:00 a.m.]
PENNSYLVANIA PUBLICUTILITY COMMISSION
RailroadWith Hearing
A-00112116. Department of Transportation andthe Bessemer and Lake Erie Railroad. An applicationhas been made to the Pennsylvania Public Utility Com-mission, under the provisions of Public Utility Code, forapproval of replacing the S. R. 4017 structure (AAR 051-982P) over a single track of the Bessemer and Lake ErieRailroad in Sugar Grove Township, Mercer County, andthe allocation of costs and expenses incident thereto.
A public hearing on this application will be heldThursday, June 26, 1997, at 10 a.m. in the 11th FloorHearing Room, Pittsburgh State Office Building, 300Liberty Avenue, Pittsburgh, PA, when and where allpersons in interests may appear and be heard if they sodesire.
JOHN G. ALFORD,Secretary
[Pa.B. Doc. No. 97-804. Filed for public inspection May 16, 1997, 9:00 a.m.]
Service of Notice of Motor Carrier Applications
The following temporary authority and/or permanentauthority applications for the right to render service as acommon carrier or contract carrier in this Commonwealthhave been filed with the Pennsylvania Public UtilityCommission. Publication of this notice shall be consideredas sufficient notice to all carriers holding authority fromthis Commission. Applications will be considered withouthearing in the absence of protests to the application.Protests to the applications published herein are due onor before June 9, 1997 as set forth at 52 Pa. Code § 3.381(relating to the applications for the transportation ofproperty and persons). The protests shall also indicatewhether it applies to the temporary authority applicationor the permanent application or both.
Applications of the following for approval amend-ment of the right and privilege of operating motorvehicles as common carriers for the transporta-tion of persons by transfer of rights as describedunder each application.
A-00097618, Folder 2, Am-A. H.E. Rohrer, Inc., t/d/b/a Rohrer Bus Service (P. O. Box 100, Duncannon,Perry County, PA 17020), a corporation of the Common-wealth of Pennsylvania—persons and their baggage onschedule between points in the township of Derry, Dau-phin County, over the following routes: inter alia, begin-ning in the township of Derry, Dauphin County, at theBest Western Motel, Sipe Avenue; thence over SipeAvenue to its intersection with U.S. Highway Route 422;thence over U.S. Highway Route 422 to its intersectionwith University Drive; thence over University Drive to itsintersection with U.S. Highway Route 322; thence overU.S. Highway Route 322 to its intersection with Pennsyl-vania Highway Route 39; thence over Pennsylvania High-way Route 39 and Airport Road to its intersection with anunnamed road designated as the entrance to The HotelHershey; thence over the unnamed road to its intersectionwith Hotel Road; thence over Hotel Road to The HotelHershey and return over the same route in the reversedirection: So as to permit the transportation of (1) personsand hand baggage, on a scheduled route betweenSelinsgrove, Snyder County and Sunbury, Northumber-land County via Hummels Wharf, Rolling Green Park,Shamokin Dam, Snyder County. Additional Rights: begin-ning at the intersection of Third and Market Streets inthe city of Sunbury, Northumberland County, thence easton Market Street to Hass Avenue, thence south on HassAvenue to East end of Susquehanna Silk Mills andreturning via same route to place of beginning; beginningat the intersection of Third and Market Streets in the cityof Sunbury, Northumberland County, thence east onMarket Street to Tenth Street, thence south on TenthStreet to Lenker Avenue, thence east on Lenker Avenue toWest end on Susquehanna Silk Mills. Additional Right: tooperate service as an extension of its present authorizedservice in the city of Sunbury, over the following route:beginning at the intersection of Third and Market Streetsin the city of Sunbury, thence over streets in the said cityto the H. D. Bob Shirt Factory, and return. (2) personsfrom points in the certificate holder’s presently certifi-cated route south of Penn Street in the city of Sunbury,Northumberland County, to the plant of the WestinghouseElectric and Manufacturing Company in the said city, andvice versa; beginning at Market Street, thence via FrontStreet, Julia Street and Susquehanna Avenue to the saidplant and returning via Front Street; provided that theright is granted to issue transfers with the S. & N.Transit Co. at the Public Square in the city of Sunburyfor transportation to and from said plant. (3) persons onschedule, over the following alternate route in the city ofSunbury, Northumberland County; beginning at the inter-section of Front and Bainbridge Streets, thence viaBainbridge Street to Second Street, thence via SecondStreet to Market Street; beginning at the intersection ofFront and Walnut Streets, thence via Walnut Street toLenker Avenue; beginning at the intersection of Front andChestnut Streets, thence via Chestnut Street toWoolverton Street, thence via Woolverton Street to TenthStreet, thence via Tenth Street to Penn Street, thence viaPenn Street to Lenker Avenue, thence via Lenker Avenueto Miller Street, thence via Miller Street to the plant ofthe Susquehanna Silk Mill Company; beginning at theintersection of Walnut Street and Fourth Street, thencevia Fourth Street to Market Street; beginning at theintersection of Market Street and Woolverton Street,
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
thence via Woolverton Street to Tenth Street; Right (3)subject to the following condition: that the rights, powersand privileges herein granted shall include the right torender through service between points on the above-described alternate routes and points on the certificateholder’s presently certificated routes without the changeof buses. (4) persons over an alternate route: beginning atthe intersection of Highway Route 11 and the westernend of the Bainbridge Street Bridge, thence continuing onHighway Route 11 as relocated, to its intersection withOld Highway Route 11 at the north end of the bridgecrossing Penn’s Creek, Right (4) subject to the followingcondition: that the right herein granted shall include theright to render through service between points on thealternate route and points on the applicant’s presentlycertificated route between the borough of Selinsgrove,Snyder County and the city of Sunbury, NorthumberlandCounty. (5) persons and hand baggage over the followingroutes: Alternate Route: beginning at the intersection ofMarket Street and Mill Street in the borough ofSelinsgrove, thence on Mill Street, Orange Street andPine Street to the terminal at Market Street, thencecontinuing on Market Street, Mill Street, Orange Streetand U.S. Highway Route 522 to its intersection with U.S.Highway Route 11 (15), thence returning on U.S. High-way Route 522 to Orange Street, thence on Orange Streetand Pine Street to the terminal at Market Street; SpurRoutes (in either direction): beginning at the intersectionof Market and Pine Streets, thence on Pine Street toSusquehanna University; beginning at the intersection ofPine and High Streets, thence on High Street and BoughStreet to an alley at Groce’s Silk Mill, thence via saidalley, Sassafras Street and High Street to Pine Street, theplace of beginning; beginning at the intersection of Mar-ket and Pine Streets, thence on Market Street andTownship Road 393 to the Selinsgrove Fairgrounds. (6)persons employed at the Selinsgrove State School in theborough of Selinsgrove, Snyder County, from the boroughsof Montandon and Milton, Northumberland County,Lewisburg and Mifflinburg, Union County, Middleburgand Beavertown, Snyder County, and the villages ofKratzerville, Kreamer and Kantz, Snyder County, to thesaid school, and vice versa; which is to be a transfer ofthe scheduled bus rights held by B. K. W. Coach Line,under the certificate issued at A-00033484, Folder 2 andFolder 16, subject to the same limitations and conditions.Attorney: Anthony J. Foschi, P. O. Box 88, Harrisburg, PA17108.
Applications of the following for amendment to thecertificate of public convenience approving theoperation of motor vehicles as common carriersfor transportation of persons as described undereach application.
A-00102219, F. 1, Am-C. Suburban Transit Net-work, Inc., t/d/b/a Transnet (Union Meeting CorporateCenter, 980 Harvest Drive, Suite 100, Blue Bell, Mont-gomery County, PA 19422-1955), a corporation of theCommonwealth of Pennsylvania—inter alia, persons, inparatransit service, between points in the county ofMontgomery; subject to the following conditions: that theservice herein authorized is limited to the transportationof vehicles having a seating capacity of not less than 10nor more than 15 persons, including the driver; that theservice herein authorized is limited to the transportationfor which advance reservations are made in a vehicle notreserved for individual use; that no right, power orprivilege is granted to provide scheduled route service asdefined in 52 PA Code § 29.14; call or demand service asdefined in 52 PA Code § 29.15 or group and party service
as defined in 52 PA Code § 29.16: So as to permit theelimination of the restrictive condition in the above citedauthority which reads as follows: that the service hereinauthorized is limited to the transportation of vehicleshaving a seating capacity of not less than 10 nor morethan 15 persons, including the driver. Application fortemporary authority has been filed at A-00102219, F. 1,AM-C, seeking the right cited above. Attorney: BarnettSatinsky, 2000 Market Street, 10th Floor, Philadelphia,PA 19103-3291.
A-00113064, F. 3, Am-A. C.R.W. & W., Inc., t/d/b/aYoughiogheny Cab, (124 South Seventh Street, Con-nellsville, Fayette County, PA 15425) a corporation of theCommonwealth of Pennsylvania— persons, in paratransitservice, between points in the county of Fayette, and frompoints in said county, to points in the counties of Alle-gheny, Westmoreland, Greene, Washington, Somerset andBeaver, and return; subject to the following conditions:that no right, power or privilege is granted to transportpersons originating at points in the boroughs of BelleVernon, Fayette City and Perryopolis, and the townshipsof Perry and Washington, Fayette County, except thatpersons may be transported from points in the specifiedboroughs and townships if those persons have beentransported to said points from other points in FayetteCounty by the applicant; that service herein authorized islimited to transportation in vehicles having a seatingcapacity of not more than 21 persons, including thedriver; and that no right power or privilege is granted toprovide transportation in vehicles equipped with domelights or taxi meters: So as to permit the transportation ofemployees, their baggage and equipment, in paratransitservice, for CSX Transportation, Inc., between points inPennsylvania, excluding service between points in thecounty of Allegheny. Attorney: David M. O’Boyle, 1450Two Chatham Center, Pittsburgh, PA 15129-3427.Applications of the following for approval of the
beginning of the exercise of the right and privi-lege of operating as common carriers for trans-portation of persons as described under eachapplication.A-00113934. Vicki Jo Shaffer (Star Route, Box 4A,
Timblin, Jefferson County, PA 15778)—persons upon callor demand in the counties of Jefferson, Indiana, Clarionand Armstrong.
A-00113930. Carl Martin, t/d/b/a Indiana Limou-sine Service (1310 GI Road, Apollo, Armstrong County,PA 15613)—persons, in limousine service, between pointsin the county of Indiana, and from points in said county,to points in Pennsylvania, and return. Attorney: John E.Fullerton, Box 9500, Harrisburg, PA 17108.Application of the following for approval of the
beginning of the exercise of the right and privi-lege of operating motor vehicles as common carri-ers for the transportation of household goods asdescribed under each application.A-00113936. Marathon Moving & Storage, Imc.,
t/d/b/a Butler Moving and Storage (404 Court Street,Binghamton, Broome County, NY 13904), a corporation ofthe State of New York—(1) household goods in use,between points in the county of Susquehanna, and frompoints in the said county to points in Pennsylvania, andvice versa; and (2) property, except household goods inuse, between points in Pennsylvania; which is to be atransfer of all of the rights issued to Brian C. Hinkley,under the certificate issued at A-00109681, subject to thesame limitations and conditions. Attorney: David Brown,P. O, Box 300, Endicott, NY 13761-0300.
NOTICES 2503
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Property, Excluding Household Goods in Use
Notice is given that the following applications for theauthority to transport property, excluding householdgoods in use, between points in Pennsylvania, have beenfiled with the Pennsylvania Public Utility Commission.Public comment to these applications may be filed, inwriting with the Secretary, Pennsylvania Public UtilityCommission, P. O. Box 3265, Harrisburg, PA 17105-3265on or before June 2, 1997.
A-00112640, F. 2 Paul I Sweigart, t/d/b/a Paul I.Sweigart 145 North Crest Acres,Lebanon, PA 17046
A-00113657, F. 2 Jenks, Inc., t/d/b/a Georgia P. CarrollMoving 42 Ridge Drive, Pittsburgh,PA 15235: David M. O’Boyle, 1450Two Chatham Center, Pittsburgh, PA15219-1427
A-00113948 Ryan S. Paskel, t/d/b/a J & Z Hauling29 Timothy Drive, Mertztown, PA19539
A-00113949 Walter A. Tylutke, t/d/b/a Walter A.Tylutke Trucking & Excavating 15Wood Street, Pittston Township, PA18641
A-00113950 G.S. Edwards, Inc. R. R. 1, Box 210,Orangeville, PA 17859
A-00113951 Donald G. Peters 31 Willow Street,Lenhartsville, PA 19534, A. JosephAntanavage, 64 North 4th Street,Hamburg, PA 19526
A-00113952 Sheila A. Campbell & ThomasSwenglish, Copartners R. D. 1, Box593, Uniontown, PA 15401: VincentJ. Roskovensky, II, 9 Court Street,Uniontown, PA 15401
A-00113953 Dennis D. Findish, t/d/b/a Dennis D.Findish Excavating P. O. Box 83,Latrobe, PA 19650: Ronald Chicka,12 East Otterman Street,Greensburg, PA 15601
A-00113954 Roderick D. Fry, t/d/b/a Rod Fry Truck-ing, HC 64, Box 49, Trout Run, PA17771
A-00113955 Brian K. Hock, Sr., t/d/b/a B & H En-terprises 2416 Ninth Street,Bethlehem, PA 18017
A-00113956 Enviro Trans, Inc. P. O. Box 409,Americus, GA 31709
A-00112957 Earl J. Rearick Rt. 2, Box 114F, Kit-tanning, PA 16201
A-00113958 Youngblood Paving, Inc. Route 18, Box2143, Wampum, PA 16157: Myron R.Sainovich, 983 Third Street, Beaver,PA 15009
A-00113959 Jan E. Rinehimer R. R. 2, Box 100-D,Wapwallopen, PA 18660
A-00113960 Harry W. Reigle, Sr. R. R. 1, Box 881,Paxinos, PA 17860
A-00113961 C.S. Verbryck, Inc. 44 Redfield Street,Tunkhannock, PA 18657: DavePosatko, P. O. Box 56, Tunkhannock,PA 18657
A-00113962 William H. Reppert, Jr. 2552 East Sce-nic Drive, Bath, PA 18014
A-00113963 American Courier Plus, Ltd 2253 For-est Hills Drive, Harrisburg, PA17112: Thomas J. Sniscak, P. O. Box1778, Harrisburg, PA 17105
A-00113942 Trinity Excavating, Inc. Box 377 F.Trinity Road, R.D. #28, York, PA17404: David H. Radcliff, 3905 NorthFront Street, Harrisburg, PA 17110
A-00113943 Primrose Transportation, Inc. P. O. Box134, Shippenville, PA 16254
A-00113944 Cole’s Trucking, Inc. R. R. 1, Box 616,Warren Center, PA 18851
A-00113945 Alan Carlson, & Steven Jacks, Copart-ners, t/d/b/a Carlson Mining R. D. 6,Box 483, New Castle, PA 16101:John A. Pillar, Pillar, Mulroy &Ferber, 1106 Frick Building, Pitts-burgh, PA 15219
A-00112280, F. 3 Priority Dispatch and Transport, Inc.P. O. Box 10261, Erie, PA 16514-0261
A-00113946 R.M. Kurtz Enterprises, Inc., 255Durlach Road, Ephrata, PA 17522
JOHN G. ALFORD,Secretary
[Pa.B. Doc. No. 97-805. Filed for public inspection May 16, 1997, 9:00 a.m.]
PUBLIC SCHOOLEMPLOYES’ RETIREMENT
BOARDHearings Scheduled
Hearings have been scheduled, as authorized by 24Pa.C.S. Part IV (relating to Public School Employes’Retirement Code), in connection with the Public SchoolEmployes’ Retirement System’s denial of Claimants’ re-quests concerning the indicated accounts.
The hearings will be held before a hearing examiner atthe Public School Employes’ Retirement System, 5 NorthFifth Street, Harrisburg, PA 17101:June 11, 1997 Lucille Jute 1 p.m.
(Purchase of MaternityLeave)Michael J. Ciliberti 2:30 p.m.(Purchase of Service—U. S.Govt.)
June 25, 1997 Erma Robinson 1 p.m.(Multiple Service)Edward J. Kaczmarek, Jr. 2:30 p.m.(Return of Withdrawn Con-tributions)
Persons with a disability who wish to attend theabove-listed hearings and require an auxiliary aid, serviceor other accommodation to participate in the proceedings,should contact Arthur J. Granito, Assistant ExecutiveDirector, at (717) 783-5613 to discuss how the PublicSchool Employes’ Retirement System may best accommo-date their needs.
Parties may appear with or without counsel and offerrelevant testimony or evidence to support their respectivepositions. The hearings will be held in accordance withthe requirements of 2 Pa.C.S. §§ 501—508 and 701—704(relating to the Administrative Agency Law). Under 22Pa. Code § 201.1 (relating to applicability of general
2504 NOTICES
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
rules), procedural matters will be in conformance with 1Pa. Code Part II (relating to General Rules of Administra-tive Practice and Procedure) unless specific exemption isgranted.
JAMES A. PERRY,Secretary
[Pa.B. Doc. No. 97-806. Filed for public inspection May 16, 1997, 9:00 a.m.]
TURNPIKE COMMISSIONRequest for Bids
The Turnpike Commission is requesting a sealed bidfor: Flexible, Roll-Up, Reflecting, MPT Signs. Open Date:June 3, 1997 at 11 a.m.
Bids will be received by the Purchasing Manager notlater than the time indicated above. Bid proposal Formsand Conditions may be obtained, free of charge, bycommunicating with the Bid Clerk, Purchasing Depart-ment, (717) 939-9551, Ext. 2830.
JAMES F. MALONE, III,Chairperson
[Pa.B. Doc. No. 97-807. Filed for public inspection May 16, 1997, 9:00 a.m.]
NOTICES 2505
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
STATE CONTRACTS INFORMATIONDEPARTMENT OF GENERAL SERVICES
Notices of invitations for bids and requests for proposals on State contracts for services and commodities forwhich the bid amount is reasonably expected to be over $10,000, are published in the State Contracts InformationSection of the Pennsylvania Bulletin prior to bid opening date. Information in this publication is intended only asnotification to its subscribers of available bidding and contracting opportunities, and is furnished through theDepartment of General Services, Vendor Information and Support Division. No action can be taken by anysubscriber or any other person, and the Commonwealth of Pennsylvania is not liable to any subscriber or any otherperson, for any damages or any other costs incurred in connection with the utilization of, or any other relianceupon, any information in the State Contracts Information Section of the Pennsylvania Bulletin. Interested personsare encouraged to call the contact telephone number listed for the particular solicitation for current, more detailedinformation.
EFFECTIVE JULY 1, 1985, A VENDOR’S FEDERAL IDENTIFICATION NUMBER (NUMBER ASSIGNEDWHEN FILING INCOME TAX DOCUMENTS) OR SOCIAL SECURITY NUMBER IF VENDOR IS ANINDIVIDUAL, MUST BE ON ALL CONTRACTS, DOCUMENTS AND INVOICES SUBMITTED TO THECOMMONWEALTH.
Act 266 of 1982 provides for the payment of interest penalties on certaininvoices of ‘‘qualified small business concerns’’. A qualified small businessconcern is an independently owned, operated for profit, business employing100 or fewer employes and is not a subsidiary or affiliate of a corporationotherwise not qualified.
Such penalties apply to invoices for goods or services when payments arenot made by the required payment date or within a 15 day grace periodthereafter. The small business concern must include on every invoicesubmitted to the Commonwealth: ‘‘(name of vendor) is a qualified smallbusiness 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 ActionCenter, 483 Forum Building, 783-5700.
Reader’s Guide
1� Service CodeIdentification Number
2� Commodity/Supply orContract Identification No.
B-54137. Consultant to provide three 2-day training sessions, coveringthe principles, concepts, and techniques of performance appraisal andstandard setting with emphasis on performance and accountability,with a knowledge of State Government constraints.Department: General ServicesLocation: Harrisburg, Pa. 3� ContractDuration: 12/1/93-12/30/93 InformationContact: Procurement Division
787-0000 4� Department
7�(For Commodities: Contact:)Vendor Services Section717-787-2199 or 717-787-4705
5� Location
6� Duration
REQUIRED DATADESCRIPTIONS
1� Service Code Identification Number:There are currently 39 state serviceand contractural codes. See descrip-tion of legend.
2� Commodity/Supply or Contract Iden-tification No.: When given, numbershould be referenced when inquiringof contract of Purchase Requisition.If more than one number is given,each number represents an addi-tional contract.
3� Contract Information: Additional in-formation for bid preparation may beobtained through the departmentalcontracting official.
4� Department: State Department orAgency initiating request for adver-tisement.
5� Location: Area where contract perfor-mance will be executed.
6� Duration: Time estimate for perfor-mance and/or execution of contract.
7� Contact: (For services) State Depart-ment or Agency where vendor inquir-ies are to be made.(For commodities) Vendor ServicesSection (717) 787-2199 or (717)787-4705
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
GET THAT COMPETITIVE EDGE—FOR FREE!Do you want to do business with your state government? The Treasury Department’s office of Contract Information
Services can assist you by providing you with information that may be helpful to you in successfully bidding on Statecontracts.
Act 244 of 1980 requires Commonwealth departments and agencies to file with the Treasury Department a copy of allcontracts involving an expenditure of $5,000 or more.
These fully executed contracts usually contain the vendor’s name, dollar value, effective and termination dates andcontract specifications. Some contracts also include the names of other bidding vendors and the bid proposal compiledby the awarded vendor. There is a minimal cost for photocopying contracts.
Allow the Treasury Department to ‘‘make a difference for you.’’ For contract information call the office of ContractInformation Services TOLL-FREE (in Pennsylvania) at 1-800-252-4700 or (717) 787-4586. Or you may write or visit theoffice at Room G13, Finance Building, Harrisburg, Pa. 17120.
BARBARA HAFER,State Treasurer
Online Subscriptions At http://www.statecontracts.com 1-800-334-1429 x340
Commodities
0029-03 Annual Contract—Welfare data mailers.Department: Public WelfareLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
0049-04 Annual Contract—License forms, etc. (Print, manufacture, deliver).Department: Fish and BoatLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
1305-01 Annual Contract—Ammunition.Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
2306-01 Annual Contract—Police vehicle, pursuit/patrol/security—large size.Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
2310-01 Annual Contract—Passenger and commercial motor vehicles (various types).Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
2310-02 Annual Contract—Commercial motor vehicles (various types).Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
2420-01 Annual Contract—Power equipment.Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
4240-01 Annual Contract—Seats, car, infants and childrens passenger safety seats.Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
5610-25 Annual Contract—Antiskid material, District 1-12.Department: TransportationLocation: Various LocationsDuration: 08/15—08/14Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
5625-01 Annual Contract—Materials, partitions and ceilings.Department: General ServicesLocation: Harrisburg, Dauphin County, PADuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
5999-01 Annual Contract—Electrical supplies—catalog only.Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
6330-01 Annual Contract—Fuses.Department: All Using AgenciesLocation: Various LocationsDuration: 08/01—07/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
6515-06 Annual Contract—Gloves, surgical.Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
6520-01 Annual Contract—Dental supplies.Department: All Using AgenciesLocation: Various LocationsDuration: 10/01—09/30Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
7350-07 Annual Contract—Serviceware/flatware/disposable and reusable.Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
7930-04 Annual Contract—Dishwashing compound, machine.Department: All Using AgenciesLocation: Various LocationsDuration: 09/15—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
8305-01 Annual Contract—Cheesecloth, bleached.Department: General ServicesLocation: Harrisburg, Dauphin County, PADuration: 09/15—09/14Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
8415-02 Annual Contract—Headgear, protective and accessories.Department: All Using AgenciesLocation: Various LocationsDuration: 10/01—09/30Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
9120-03 Annual Contract—Producer’s gas (natural gas).Department: Public Welfare and Military AffairsLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
9140-01 Annual Contract—Fuel oil No. 2.Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
9140-04 Annual Contract—Fuel, diesel.Department: All Using AgenciesLocation: Various LocationsDuration: 09/01—08/31Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
1918206 Computers and related equipment—72 each word processors, with 14� flatCRT display, 3.5� 1.44 MB floppy disk drive for MS-DOS file compatibility with PC’s,spellcheck, PC-WP conversion software, spreadsheet software, pre-formatted businessletter icon main menu, minimum (2) year warranty.
Department: State PoliceLocation: VariousDuration: FY 1996-97Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
8970110 Construction, mining, excavating and highway maintenance equipment—1each latest model excavator, HYD, 7K, track.
Department: TransportationLocation: Harrisburg, Dauphin County, PADuration: FY 1996-97Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
1023217 Food preparation and serving equipment—galley equipment (with attach-ments)—no substitute: 1 each—mobile utility counter, Model No. 9330W; mobile utilitycounter Model 9340W; self-contained mobile heated food module, Model 9051W; mobileutility counter, Model 9340W; self-contained mobile utility counter, Model 9550W andself-contained mobile utility counter, Model 9550W.
Department: Public WelfareLocation: Harrisburg, Dauphin County, PADuration: FY 1996-97Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
1980116 Heating equipment and supplies—various quantities and sizes: Butt weld andtees; malleable tees and reducers, unions, steel nipple kits, pipes and tubing, etc. Partsrequired for J Block heating system.
Department: CorrectionsLocation: Waymart, Wayne County, PADuration: FY 1996-97Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
8970190 Materials handling equipment—10 each lift, fork, 6,000 lb. diesel.Department: TransportationLocation: Harrisburg, Dauphin County, PADuration: FY 1996-97Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
2001076 Medical, dental and vet equipment and supplies—25000 each ‘‘Soaker’’sponges, rectangle, approximate size 5-5/8� X 2-15/16�; 100000 each stickers, peel-offtype, 2-1/2� circles; 10000 each magnets, 3� high X 2-1/2� wide with wording.
Department: HealthLocation: Harrisburg, Dauphin County, PADuration: FY 1996-97Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
8970030 Motor vehicles, trailers and cycles—2 each latest model truck, fuel, MNL,1,800 gallon diesel ‘‘only.’’
Department: TransportationLocation: Harrisburg, Dauphin County, PADuration: FY 1996-97Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
1819386 Photographic equipment—1 each film scanner and digital camera.Department: Conservation and Natural ResourcesLocation: Harrisburg, Dauphin County, PADuration: FY 1996-97Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
1777206 Traffic control devices—330 each radars, hand-held.Department: State PoliceLocation: Harrisburg, Dauphin County, PADuration: FY 1996-97Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199
SERVICES
Audio/Video—04
RFP 98-04 Kutztown University is seeking proposals from Northern Telecom certifieddistributors to maintain the Northern Telecom, Meridian I, Option 71, telephoneswitch on the Kutztown University campus. The proposals shall include yearlymaintenance, new installations and upgrades as needed. We are currently at release21. Interested parties should obtain Request for Proposal (RFP) information from Ms.Barbara Reitz, Director of Purchasing, 224 Stratton Administration Building, (610)683-4132, FAX (610) 683-4674, e-mail: [email protected]. There will not be apre-proposal meeting scheduled for this project. RFP’s are available May 19, 1997 andRFP’s are due on June 6, 1997 at 2:00 p.m.
Department: State System of Higher EducationLocation: Kutztown University, Kutztown, PA 19530Duration: 3 years (1997—2000)Contact: Barbara Reitz, (610) 683-4132
SP 327821 We are requesting telephone answering services: A. From 5:00 p.m. to 8:30a.m. weekdays and during early office closings. B. Twenty-four hour service onSaturdays, Sundays, holidays and other full day closings. C. Receive calls from alllocations within the State of Pennsylvania. D. Relay messages to employees of theBoard of Probation and Parole; i.e. Agent, Supervisor. This is in the event of emergencysituations after normal working hours.
Department: Board of Probation and ParoleLocation: StatewideDuration: 07/01/97 to 06/30/99 (24 months)Contact: Dawn M. Eshenour, Office Services Division, (717) 787-1989
Cartography Services—6
97-P1 Three year contract. Provide specialized services for mapping unit. Servicesinclude enlarging and reducing maps, color separations, film positive, PMT. Twenty-four (24) hour turnaround is a necessity. Vendor is responsible for pick-up and delivery.
Department: Game CommissionLocation: 2001 Elmerton Avenue, Harrisburg, PA 17110-9797Duration: June 1, 1997 to June 30, 2000Contact: Frank Hoover, (717) 783-6778
Computer and Related Services and EquipmentRepair—8
SP-330567 Request preventative and remedial hardware and software maintenancecoverage for a Sun Ultra 6000 14-way Server and Sun Ultra 1. The equipment islocated at the Department of Public Welfare, Harrisburg State Hospital computerfacility. Specifications can be obtained from the Procurement Office.
Department: Public WelfareLocation: Harrisburg State Hospital, Willow Oak Building, Harrisburg, PA
17105Duration: 7/01/97 to 6/30/98Contact: Kathy A. King-McCarthy, (717) 772-7119
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Construction Maintenance—9
080967 Crawford County Group 1-97-101; Mercer County SR 258 (B00); MercerCounty SR 18 (B01); Mercer County Group 1-97-400; Mercer County Group 1-97-401;Warren County SR 62 (11M); District Wide Group 2-97-GR1; District Wide Group2-97-RP1; District Wide Group 3-97-RPM; Lackawanna County RPM1-97; LackawannaCounty Group 4-97-ST7; Lackawanna County 4-97-ITS; Susquehanna County SR 2055(570); Susquehanna County Group 4-97-GR5; Berks County T-443 Lorane Road Br.;Carbon County SR 940 (01B); Lehigh County SR 1017 (10T); Northampton CountyGroup 5-97-POC5A; Chester County SR 2014 (69S); York County SR 30 (B01); DauphinCounty SR 322 (006); Dauphin County SR 3029 (001); Lancaster County SR 3017(004); Lancaster County SR 23 (008).
Department: TransportationLocation: Districts 1-0, 2-0, 3-0, 4-0, 5-0, 6-0, 8-0Duration: FY 1996-97Contact: V. C. Shah, (717) 787-5914
080968 Lebanon County SR 72 (010); Bedford County Group 9-97-G91; CambriaCounty Group 9-97-G93; Indiana County IUP Bikeway Ext.; District Wide GeotechMaint. No. 16; Allegheny County SR 51 (A36); Berks County Group 5-97-ST1; MonroeCounty SR 0080 (ITS); Carbon County SR 534 (02B).
Department: TransportationLocation: Districts 5-0, 8-0, 9-0, 10-0, 11-0Duration: FY 1996-97Contact: V. C. Shah, (717) 787-5914
AE-5032 Construction of a bulk material storage building. FAX (717) 783-7971.Department: TransportationLocation: Maintenance District 12-1, Stockpile No. 13, Menallen Township,
Fayette County, PADuration: 90 calendar days, proposed bid June, 1997Contact: Tina Chubb, (717) 787-7001
AE-5081 Construction of a bulk material storage building. FAX (717) 783-7971.Department: TransportationLocation: Maintenance District 12-2, Stockpile No. 8, Perry Township, Mt.
Morris, Greene County, PADuration: 90 calendar days, proposed bid June 1997Contact: Tina Chubb, (717) 787-7001
AE-5082 Construction of a bulk material storage building. FAX (717) 783-7971.Department: TransportationLocation: Maintenance District 12-1, Stockpile No. 19, Georges Township, Big
Six, Fayette County, PADuration: 90 calendar days, proposed bid June, 1997Contact: Tina Chubb, (717) 787-7001
Contract No. DGS A 577-23 Project title: Steam Condensate Lines -Kitchen No. 1.Brief description: remove and replace above grade piping, furnish and install duplexcondensate return pump, test and insulate piping and equipment. Mechanical con-struction. Plans deposit: $25.00 per set. Payable to: The Commonwealth of Pennsylva-nia. Refundable upon return of plans and specifications in reusable condition asconstruction documents within 15 days after the bid opening date. The bidder isresponsible for the cost of delivery of the plans and specifications. Contact the officelisted below to arrange for delivery of documents. A separate check must be submittedto cover the cost of delivery. Mail request to: The Department of General Services,Room 107, Headquarters Building, 18th and Herr Streets, Harrisburg, PA 17125.Telephone: (717) 787-3923. Bid date: Wednesday, May 28, 1997 at 11:00 a.m.
Department: General ServicesLocation: State Correctional Institution, Graterford, Montgomery County, PADuration: 120 calendar days from date of initial job conferenceContact: Contract Bidding Unit, (717) 787-6556
Contract No. DGS A 589-40 Project title: Construct Sallyport. Brief description:furnish and install approximately 500 lineal feet of 14 ft. security fence, one (1) 16 ft.electric sliding gate controls. Construct approximately 550 square yards of bituminouspaving. Miscellaneous construction. Plans deposit: $25.00 per set. Payable to: TheCommonwealth of Pennsylvania. Refundable upon return of plans and specifications inreusable condition as construction documents within 15 days after the bid openingdate. The bidder is responsible for the cost of delivery of the plans and specifications.Contact the office listed below to arrange for delivery of documents. A separate checkmust be submitted to cover the cost of delivery. Mail request to: The Department ofGeneral Services, Room 107, Headquarters Building, 18th and Herr Streets, Harris-burg, PA 17125. Telephone: (717) 787-3923. Bid date: Wednesday, June 4, 1997 at 11:00a.m.
Department: General ServicesLocation: Youth Development Center, New Castle, Lawrence County, PADuration: 120 calendar days from date of initial job conferenceContact: Contract Bidding Unit, (717) 787-6556
Contract No. DGS A 972-9 Project title: ADA Improvements. Brief description:reconfigure four (4) sets of interior 5�-0� double doors and one (1) set of exterior 5‘-4�double doors to provide for ADA compliance access. Develop a unisex handicapped restroom facility within the existing kitchen room. Install two (2) ramps on the east side ofthe building. General construction. Plans deposit: $25.00 per set. Payable to: TheCommonwealth of Pennsylvania. Refundable upon return of plans and specifications inreusable condition as construction documents within 15 days after the bid openingdate. The bidder is responsible for the cost of delivery of the plans and specifications.Contact the office listed below to arrange for delivery of documents. A separate checkmust be submitted to cover the cost of delivery. Mail request to: The Department ofGeneral Services, Room 107, Headquarters Building, 18th and Herr Streets, Harris-burg, PA 17125. Telephone: (717) 787-3923. Bid date: Wednesday, June 4, 1997 at 2:00p.m.
Department: General ServicesLocation: Landis Valley Museum, Lancaster, Lancaster County, PADuration: 90 calendar days from date of initial job conferenceContact: Contract Bidding Unit, (717) 787-6556
Contract No. DGS A 997-10 Project title: ADA Improvements. Brief description:reconfigure the front entrance. Modify the two (2) rest rooms, install a drinkingfountain and shelf/desk to comply with ADA regulations. General construction. Plansdeposit: $25.00 per set. Payable to: The Commonwealth of Pennsylvania. Refundableupon return of plans and specifications in reusable condition as construction docu-ments within 15 days after the bid opening date. The bidder is responsible for the costof delivery of the plans and specifications. Contact the office listed below to arrange fordelivery of documents. A separate check must be submitted to cover the cost ofdelivery. Mail request to: The Department of General Services, Room 107, Headquar-ters Building, 18th and Herr Streets, Harrisburg, PA 17125. Telephone: (717) 787-3923.Bid date: Wednesday, June 4, 1997 at 11:00 a.m.
Department: General ServicesLocation: Brandywine Battlefield, Chadds Ford, Delaware County, PADuration: 90 calendar days from date of initial job conferenceContact: Contract Bidding Unit, (717) 787-6556
Contract No. FDC-406-247R Excavation, foundation work, backfilling, construction ofa one story wood framed building with wood siding and stone veneer, shingled coveredroof system, wood clad windows, doors, and finish work for the general construction ofnew office building at French Creek State Park.
Department: Conservation and Natural ResourcesLocation: Union Township, Berks County, PADuration: 330 daysContact: Construction Management Section, (717) 787-5055
Elevator Maintenance—13
304-107 Contractor to provide all materials, labor, supervision, tools and equipmentnecessary to provide for repairs, adjustments, emergency services, preventive mainte-nance and inspection of all elevators in the Pittsburgh State Office Building, 300Liberty Avenue, Room 219, Pittsburgh, PA 15222.
Department: General ServicesLocation: Pittsburgh State Office Building, 300 Liberty Avenue, Room 219,
Pittsburgh, PA 15222Duration: 7/1/97 through 6/30/99Contact: Building Administrator, (412) 565-5373
304-200 The awarded contractor must provide a ‘‘full services’’ elevator maintenanceprogram on the elevator equipment listed as follows: Scranton SOB. 3 GrearlessPassenger Otis elevator and Samter SOB. 2 Grearless Passenger Northern elevator.Said service shall include labor, supervision, materials, equipment, and tools necessaryto maintain the elevators in first class operating condition at all times.
Department: General ServicesLocation: Buildings and Grounds, Scranton and Samter State Office Buildings,
100 Lackawanna Avenue, Scranton, PA 18503Duration: July 1, 1997 through June 30, 1999Contact: Joseph G. Barrett, (717) 963-4817
304-07398 The Award Contractor to provide a ‘‘full service’’ elevator maintenanceprogram on the elevator equipment which are (1) Grearless Passenger and (1)Grearless Service both manufactured by Dover. Said service shall include labor,supervision, materials, equipment, and tools necessary to maintain the elevators infirst class operating condition at all times.
Department: General ServicesLocation: Buildings and Grounds, Reading State Office Building, 625 Cherry
Street, Reading, PA 19602Duration: July 1, 1997 through June 30, 1999Contact: Thomas Marnell, (610) 378-4185
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PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
Engineering Services—14
08430AG2067 Open-end contract to provide supplementary construction inspection,under the Department’s Inspector-in-Charge, on various projects in EngineeringDistrict 12-0, that is, Fayette, Greene, Washington and Westmoreland Counties.
DEP-BWE-97:1 The Department of Environmental Protection is issuing this Requestfor Proposals to retain a mechanical and electrical engineering firm to conduct annualinspections of pumping stations located throughout the Commonwealth and provideconsulting services, design services and construction services regarding mechanicaland electrical issues as needed.
Montgomery and Montour CountiesDuration: July 1, 1997—June 30, 2000Contact: Gary Barone, (717) 783-7928
RFP 98-03 Kutztown University of the State System of Higher Education will select afirm for the purpose of providing professional design services for renovations to theGraduate Center, an 18,700 square foot structure built in 1913. Experience on historicpreservation projects is required. Interested professionals should obtain Request forProposal (RFP) information from Ms. Barbara Reitz, Director of Purchasing, 224Stratton Administration Building, (610) 683-4132, FAX (610) 683-4674, e-mail:[email protected]. There is a pre-proposal meeting June 4, 1997 at 2:00 p.m. RFP’sare due on June 18, 1997 at 2:00 p.m. in the Purchasing Office, Room 224, StrattonAdministration Building. The System encourages responses from small firms, minorityfirms, women owned firms, and firms which have not previously worked for theSystem, and will consider joint ventures which will enable these firms to participate inSystem professional service contracts. Non-Discrimination and Equal Opportunity arethe policies of the Commonwealth and the State System of Higher Education.
Department: State System of Higher EducationLocation: Kutztown University, Graduate Center, Kutztown, PA 19530Duration: Through design and construction phasesContact: Barbara Reitz, (610) 683-4132
Environmental Maintenance Services—15
0200-27 Contractor shall provide approximately 800 hours of drilling equipment andpersonnel for soils and geological investigations (on-call status within five daysmaximum). Contractor shall provide maintenance and protection of traffic. The workshall be performed within nine counties of PennDOT District 2. Contractor shall bepaid maximum of eight hours one way for travel distance to each drilling site. If traveldistance is less than eight hours one way, actual hours for travel time shall be paid.Bidders must be prequalified by the Pennsylvania Department of Transportation. Thecontract shall be bid on a Service Purchase Proposal/Contract form and awarded bycompetitive bid.
Department: TransportationLocation: Engineering District 2, Cameron, Centre, Clearfield, Clinton, Elk,
Juniata, McKean, Mifflin, and Potter CountiesDuration: 9-1-97 through 8-31-98 with option of four one-year renewalsContact: Janis Miele, (814) 765-0404
BOGM 96-4 Clean out and plug one orphan gas well on the Webster property.Estimated to be 2,000 feet deep.
Department: Environmental ProtectionLocation: Ceres Township, McKean County, PADuration: 30 days after Notice to ProceedContact: Construction Contracts Unit, (717) 783-7994
BOGM 95-7 Clean out and plug one abandoned oil well on the Van Bui property.Estimated to be 480 feet deep.
Department: Environmental ProtectionLocation: Cornplanter Township, Venango County, PADuration: 30 days after notice to proceedContact: Construction Contracts Unit, (717) 783-7994
Firefighting Services—18
0882-126 Fire extinguishers, testing and recharging. Contractor shall supply all laborand parts necessary to test, recharge, and repair fire extinguishers as requested by theCenter. Service must be provided by qualified personnel. Contractor will be notifiedwhen a group is ready for testing and recharging. Contractor will pick-up and deliverto the Center upon completion of checking, testing, and recharging. All Center fireextinguishers removed from the premises for routine servicing must be returnedwithin a reasonable period, and in no case, later than five days. Estimated quantitiesand sizes of extinguishers to be recharged and have pressure tests, if necessary, areavailable by contacting the Center. Award shall be made on the basis of the lowestaggregate bid.
Department: Public WelfareLocation: South Mountain Restoration Center, 10058 South Mountain Road,
South Mountain, PA 17261Duration: July 1, 1997 through June 30, 2002Contact: Cathy J. Tarquino, Purchasing Agent, (717) 749-4030
Food—19
No. 181 Frozen juices: unsweetened, 4 oz. portion packed in disposable plastic squatcontainers w/lids, 48/case, Great Northern or equal. Apple—88 cases bi-weekly;cranberry—88 cases bi-weekly; grape juice—46 cases bi-weekly; prune juice—64 casesbi-weekly; orange juice—95 cases bi-weekly.
Department: Public WelfareLocation: Polk Center, Polk, Venango County, PA 16342Duration: Bi-weekly 7/1/97 through 12/31/97Contact: Patty Frank, Purchasing Agent, (814) 432-0397
5771 Frozen coffee. Quantities, specifications and delivery dates may be obtained fromHamburg Center.
Department: Public WelfareLocation: Hamburg Center, Hamburg, PA 19526Duration: 7/1/97—6/30/98Contact: N. K. Reppert, Purchasing Agent, (610) 562-6031
Department: Public WelfareLocation: Bensalem Youth Development Center, 3701 Old Trevose Road,
Bensalem, PA 19020Duration: July, 1997 through October, 1997Contact: Dorthia Claud-Williams, Purchasing Agent, (215) 953-6412
2510 STATE CONTRACTS INFORMATION
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
0882-2802 Furnish, install and maintain dispensing equipment for: coffee, concentrate,decaffeinated—97% caffeine free—frozen. 100% coffee, roasted, blended and brewedfrom coffee beans, with no additives or preservatives. Caffeine content .01% to .03%product shall contain at least 23% coffee solids per volume of concentrate. PH shall bewithin a range of 4.95—5.15. Product shall be prepared, processed and packaged undermodern sanitary conditions. Shelf life shall be at least one year frozen or at least 24days chilled at 40° Fahrenheit or below. Product shall be frozen at time of delivery,packed in sealed disposable containers. (Approximately 15 cases to be deliveredmonthly except for two deliveries made in January 2nd and 30th). Total: 195 cases(from 7/18/97 through 6/19/98). For further information, contact the PurchasingDepartment. Training on operation and daily cleaning required prior to first deliverydate.
Department: Public WelfareLocation: South Mountain Restoration Center, 10058 South Mountain Road,
South Mountain, PA 17261Duration: July 18, 1997 through June 19, 1998Contact: Cathy J. Tarquino, Purchasing Agent, (717) 749-4030/4031
FS-CC97 Vendor shall supply soda product syrups, equipment, and service. Ordered asneeded.
Department: CorrectionsLocation: State Correctional Institution Cambridge Springs, 451 Fullerton
Avenue, Cambridge Springs, PA 16403Duration: 7-1-97 to 6-30-99Contact: Quentin Hargenrater, Jr., (814) 398-5442
FS-IC97 Vendor shall supply various ice cream products. These items will be a onceyearly bid and will be ordered as needed.
Department: CorrectionsLocation: State Correctional Institution Cambridge Springs, 451 Fullerton
Avenue, Cambridge Springs, PA 16403Duration: 7-1-97 to 6-30-98Contact: Quentin Hargenrater, JR., (814) 398-5442
Fuel Related Services—20
Project No. UST-153 Project title: Remove 25 underground fuel storage tanks andtheir appurtenances from 16 sites at various locations throughout the State. The workis located in the counties of Bedford, Elk, McKean, Clarion, Schuylkill, Huntingdon,Fulton, Blair, Pike, Columbia, York, Jefferson, Armstrong, Indiana, Union and Berks.
Department: Game CommissionLocation: Commonwealth of PennsylvaniaDuration: August 1997 through October 1997Contact: Engineering and Contract Management Division, (717) 787-9620
HVAC—22
Project No. 900 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 27, 1501 Allen Street, Allentown, Lehigh County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 901 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 29, 327 Frankstown Road, Altoona, Blair County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 902 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 9A, 250 Kriess Road, Butler, Butler County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 903 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 25, 7th Avenue, Carbondale, Lackawanna County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 904 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 24, 504 Cavalry Road, Carlisle, Cumberland County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 905 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 11, R. D. 1, Box 541B, Connellsville, Fayette County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 906 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 13, 835 Fifth Avenue, Coraopolis, Allegheny County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 907 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 9, 350 East 6th Street, Erie, Erie County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 908 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 1, 14th and Calder Streets, Harrisburg, Dauphin County,
PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 909 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: CSMS, 835 Fifth Avenue, Coraopolis, Allegheny County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
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Project No. 910 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 21, 554 Airport Road, Johnstown, Cambria County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 911 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 12, 565 Walters Avenue, Johnstown, Cambria County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 912 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 16, 599 Chesapeake Street, Lancaster, Lancaster County,
PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 913 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 27A, 1000 Bridge Street, Lehighton, Carbon County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 914 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 29A, 1101 Route 522 N., Lewistown, Mifflin County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 915 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 17, R. D. 1, Route 665, Lock Haven, Clinton County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 916 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 9, 820 Frank Avenue, New Castle, Lawrence County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 917 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 3, 1046 Belvoir Road, Norristown, Montgomery County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 918 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 10A, 5350 Ogontz Avenue, Philadelphia, Philadelphia
County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 919 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 10, 2736 Southampton Road, Philadelphia, Philadelphia
County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 920 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: TS, Ft. Mifflin, Philadelphia, Philadelphia County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 921 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: OMS No. 14, Building 56, Ft. Mifflin, Philadelphia, Philadelphia
County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
Project No. 922 Provide emergency and routine repair work for heating system. Thecontractor must respond to the call within four (4) hours of receiving a call eitherdirectly or via a recording device. Replacement parts must be as originally installed orof equal quality and function. The contractor must agree to redeem manufacturer’swarranty on parts where applicable, and further agree to guarantee workmanship andreplacement parts, provided by his firm for a 90 day period. Bid Proposal forms used tosubmit bids are available from the State Armory Board.
Department: Military and Veterans AffairsLocation: AASF, P. O. Box 359, Philipsburg, Centre County, PADuration: 1 October 97—30 September 2000Contact: Emma Schroff, (717) 861-8518
120R-007 Provide general plumbing repair and emergency plumbing services asneeded at the Washington County Welcome Center according to specifications.
Department: TransportationLocation: Washington County Welcome Center, I 70 East bound near Claysville
(Exit 2)Duration: One year with two two-year renewalsContact: Michael D. Maurer, (412) 439-7374
304-201 The Award Contractor must ensure that all the environmental controlequipment operates at optimum and efficient levels at all times. The Contract Officershall be provided with a copy of the planned preventive maintenance schedule within(30) days of the contract commencement date. Except where stated, equipmentmaintenance intervals will be determined by equipment run time, application, location,maintenance experience, and manufacturer’s specifications. A service report shall beprovided to the Contract Officer following all preventive maintenance, inspections, andemergency service visits. Said reports shall thoroughly describe the nature of workperformed, identify problems and provide recommendations for corrective action.
Department: General ServicesLocation: Buildings and Grounds, Scranton State Office Building, 100
Lackawanna Avenue, Scranton, PA 18503Duration: October 1, 1997 through June 30, 2000Contact: Joseph Barrett, (717) 963-4817
304-07396 Contractor to furnish labor and equipment for Energy Management,Heating, Ventilating, Air Conditioning and Water Treatment for the Reading StateOffice Building, in accordance with the specifications.
Department: General ServicesLocation: Buildings and Grounds, Reading State Office Building, 625 Cherry
Street, Reading, PA 19604Duration: July 1, 1997 through June 30, 2000Contact: Thomas Marnel, (215) 378-4185
Contract No. FDC-406-248R Plumbing work associated with the construction of anew office building at French Creek State Park.
Department: Conservation and Natural ResourcesLocation: Union Township, Berks County, PADuration: 330 daysContact: Construction Management Section, (717) 787-5055
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CP-0177 Maintenance contract for semi-annual calibration and inspection on thecontrol instrumentation on the two, (2) Babcock and Wilcox FM water tube and one,(1) Kewannce fire tube boilers at this institution.
Department: CorrectionsLocation: State Correctional Institution Houtzdale, State Route 2007,
Houtzdale, PA 16698-1000Duration: 07/01/97 through 06/30/98Contact: Diane K. Davis, Purchasing Agent II, (814) 378-1000
Contract No. FDC-406-250R Electrical work associated with construction of a newoffice building at French Creek State Park.
Department: Conservation and Natural ResourcesLocation: Union Township, Berks County, PADuration: 330 daysContact: Construction Management Section, (717) 787-5055
SP344777 Provide testing and inspection of heating, ventilating, air conditioning, andair distribution systems at various County Assistance Offices Statewide, as needed.Complete details and specifications may be obtained by contacting the ProcurementOffice.
Department: Public WelfareLocation: Division of Office Services, Room 233 Health and Welfare Building,
P. O. Box 2675, Harrisburg, PA 17105-2675Duration: 07-01-97—06-30-98 with two additional one-year renewalsContact: Lori Vessella, (717) 783-9281
Janitorial Services—23
FM-42 Furnish all labor, equipment and materials to perform janitorial servicesincluding empty waste baskets, clean lavatories, sweep floors, machine buff tile floors,vacuum carpets, dust furniture, wash windows inside and outside, general houseclean-ing twice a year, shampoo carpets. Detailed work schedule and bid must be obtainedfrom Facility Management Division, (717) 783-5484.
Department: State PoliceLocation: Facility Management Division, Hazleton Aviation, Hazleton Airport,
Hazleton, PA 18201Duration: 08/01/97 to 06/30/00Contact: Deshawn Lewis or Joan Berkoski, (717) 783-5484
FM-43 Furnish all labor, equipment and materials to perform janitorial servicesincluding empty waste baskets, clean lavatories, sweep floors, machine buff tile floors,vacuum carpets, dust furniture, wash windows inside and outside, semi-annualhousecleaning at the discretion of the Officer-In-Charge or his designated representa-tive at the Ephrata Station, 561 W. Trout Run Road, Ephrata, PA 17522. Detailed workschedule and bid must be obtained from Facility Management Division, (717)783-5484.
Department: State PoliceLocation: Facility Management Division, Ephrata Station, 561 West Trout Run
Road, Ephrata, PA 17522Duration: July 1, 1997 to June 30, 1998Contact: Deshawn Lewis or Joan Berkoski, (717) 783-5484
FM-44 Furnish all labor, equipment and materials to perform janitorial servicesincluding empty waste baskets, clean lavatories, sweep floors, machine buff tile floors,vacuum carpets, dust furniture, wash windows inside and outside, general houseclean-ing twice a year, shampoo carpets. Detailed work schedule and bid must be obtainedfrom Facility Management Division, (717) 783-5484.
Schwenksville, PA 19473Duration: 08/01/97 to 06/30/00Contact: Deshawn Lewis or Joan Berkoski, (717) 783-5484
JC-16-97 Janitorial services: complete custodial services to facility of 5,010 usablesquare footage. Duties to include, but not limited to, complete dusting, cleaning,mopping, waxing and vacuuming, where appropriate, of all floors, windows, carpeting,office furniture and equipment. In addition, complete cleaning and maintenance of fourrest rooms and one employee break room. Contractor to provide necessary custodialmachinery and materials where not stipulated through agency requisition.
Department: Labor and IndustryLocation: Adams County Job Center, R 108 North Stratton Street, Gettysburg,
Adams County, PA 17325Duration: October 1, 1997 through September 30, 2002Contact: John P. Sekoch, (717) 334-1173
JC-18-97 Provide complete janitorial and minor maintenance services to 8700 squarefeet—government building and surrounding grounds. Empty waste baskets andgarbage each day. Daily dusting and/or damp wiping furniture, office equipment,woodwork and partitions; clean interior glass, vacuum and spot clean carpeted workareas and side rooms, sweep, dry mop and wet mop and rinse vinyl and tile floors inemployee room, waiting and restroom areas; wash washroom basins, urinals and bowlsusing scouring powder and disinfectant, replace soap, toilet paper and paper towels,etc.; weekly damp mopping and buffing floors; cleaning weather mats; dusting shelvesand light fixtures, and washing glass doors, monthly washing down walls in restrooms,clean, wax and polish floors and desk tops, wash windows, etc. Bi-yearly shampoo allcarpeted work areas and side rooms using own or rented equipment. Quarterlycleaning and polishing walls, partitions, metal fixtures, hardware, etc. Pick up anddispose of trash left on office grounds. Sweep sidewalk, mow and trim grass, replaceburned out light bulbs, check inventory of cleaning supplies and move furniture andsupplies as directed. Do minor repairs as needed. Clean inside heating and coolingunits. Keep boiler room maintained. Drain boiler monthly.
Department: Labor and IndustryLocation: Employment Security, Butler County Job Center, 227 West Cun-
ningham Street, Butler, Butler County, PA 16003-0951Duration: October 1, 1997 through September 30, 1999 (Two ‘‘2’’ years)Contact: John J. McCraley, Manager, (412) 284-8168
SP344783 Provide janitorial services at Building 33, Cherrywood, located on thegrounds of the Harrisburg State Hospital. This building consists of approximately54,400 square feet. Complete details and specifications may be obtained by contactingthe Procurement Office.
Department: Public WelfareLocation: Division of Office Services, Room 233 Health and Welfare Building,
P. O. Box 2675, Harrisburg, PA 17105-2675Duration: 07-01-97—06-30-98 with two additional one-year periodsContact: Lori Vessella, (717) 783-9281
SP3447814 Provide janitorial services within the Willow Oak Building located on thegrounds of the Harrisburg State Hospital. Space to be serviced consists of approxi-mately 135,277 square feet of general office space, 39,000 square feet of computerspace and 6,000 square feet of basement space. More aggressive cleaning is requiredfor the computer space area. Complete details and specifications may be obtained bycontacting the Procurement Office.
Department: Public WelfareLocation: Division of Office Services, Room 233 Health and Welfare Building,
P. O. Box 2675, Harrisburg, PA 17105-2675Duration: 07-01-97—06-30-98 with two additional one-year renewalsContact: Lori Vessella, (717) 783-9281
Lodging/Meeting Facilities—27
SPC No. 216942 Contractor would provide lodging, meals (breakfast/lunch/dinner/a.m.and p.m. breaks), meeting rooms and ancillary equipment for training/scoring sessionto be held in Central PA, September 16—19, 1997. Meeting will be for 110 personsconsisting of 3 nights lodging. Quiet/well-lighted/spacious meeting facilities aremandatory. All sites will be subject to inspection prior to contract award.
Department: EducationLocation: Central PADuration: September 1—30, 1997Contact: Lee Plempel, (717) 787-4234
Mailing Services—28
SP344779 Provide courier services for the secured delivery of paychecks to theDepartment of Public Welfare facilities. Complete details and specifications may beobtained by contacting the Procurement Office.
Department: Public WelfareLocation: Division of Office Services, Room 233 Health and Welfare Building,
P. O. Box 2675, Harrisburg, PA 17105-2675Duration: 07-01-97—06-30-98 with two additional one-year renewalsContact: Lori Vessella, (717) 783-9281
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Medical Services—29
182 Gynecological evaluations for female individuals of the Polk Center. Examiner maybe a Certified Registered Nurse Practitioner OB/GYN under the supervision of aphysician certified in the practice of Gynecology in the Commonwealth of PA.Bi-weekly clinics to be conducted at Polk Center.
Department: Public WelfareLocation: Polk Center, Polk, Venango County, PA 16342Duration: 7/1/97—6/30/2000Contact: Patty Frank, (814) 432-0397
183 Orthopedic items requiring fabrication by the contractor for the individuals of PolkCenter.
Department: Public WelfareLocation: Polk Center, Polk, Venango County, PA 16342Duration: 7/1/97—6/30/99 with renewalsContact: Patty Frank, (814) 432-0397
Inquiry No. 113-0002 Contractor to provide physical and occupational therapyservices as needed. Specifications of service available upon request.
Department: Military and Veterans AffairsLocation: Southwestern PA Veterans Center, 7060 Highland Drive, Pittsburgh,
PA 15206-1297Duration: 7/1/97—6/30/99Contact: Ken Wilson, (412) 365-5594
Moving Services—30
C 02719 Moving consultation services required for the relocation of employees,furnishings, and equipment in the Harrisburg area and the Department’s regional anddistrict offices Statewide.
Department: Conservation and Natural ResourcesLocation: Division of Office Services, Harrisburg and Regional and District
SPC98-01 Kutztown University is seeking a Temporary Personnel Service for fiscalyear 7/1/97—6/30/98. The University must be notified who will be assigned the one ofseveral positions outlined within 48 hours prior to start of working day. Seven (7)different positions are to be bid on ranging from a Clerk 2 through Jr. Accountant. Biddocuments are available May 12, 1997. Direct requests to: Gina Frankhouser,Purchasing Agent, Kutztown University at (610) 683-4663 or by FAX (610) 683-4674.Bids are due by 2:00 p.m. May 26, 1997.
Department: State System of Higher EducationLocation: Kutztown University, Kutztown, PA 19530Duration: 12 months/1 fiscal yearContact: Gina Frankhouser, Purchasing Agent, (610) 683-4663
Property Maintenance and Renovation—33
18 Relocating approximately 70 Indian Chair modular work stations.Department: RevenueLocation: Strawberry Square, 5th and 6th Floors, Harrisburg, PADuration: July 1—October 1, 1997Contact: William Fehl, (717) 783-6111
120R-008 Contract will include seeding and mulching at various locations as neededthroughout Fayette, Greene, Washington and Westmoreland Counties. Work will begoverned as indicated in the current edition of the PA Department of TransportationPUB 408 or as directed by the District Roadside Specialist. Bidders must beprequalified.
Department: TransportationLocation: Fayette, Greene, Washington and Westmoreland Counties, PADuration: 1 year with two, 2-year renewals to total five yearsContact: Michael D. Maurer, (412) 439-7374
401-BL-560 Various built up re-roofs—One general contract to remove and replacebuilt-up roof systems (including insulation and flashings) with hot applied 4-ply B.U.R.systems on four different buildings on the university campus. Plans can be obtained bysubmitting a non-refundable $40.00 deposit made payable to Robert A. Lack, Inc., 230Market Street, Lewisburg, PA 17837, tele phone (717) 524-2300. It is anticipated thatbids will be released approximately May 20, 1997, with bids due back in mid-June1997. Actual dates of bid opening and pre-bid information will be contained in the biddocuments.
Department: State System of Higher EducationLocation: Bloomsburg University, Bloomsburg, PA 17815Duration: 3 monthsContact: Joseph C. Quinn, (717) 389-4311
401-BL-562 Slate roof and masonry repairs—will consist of one prime generalcontractor, to work on six slate roofs, work will include but not be limited toreplacement of cracked and missing slate; treat with preservatives; seal hips andridges; repoint masonry; paint brick and box soffit; seal all valleys; replace severalskylights; rehanging of gutters; replace missing hangers; repair step flashingsalongside dormers; chimneys; and protrusions. Caulk and seal cap stones and installsome aluminum ridge roll. Plans can be obtained by submitting a non-refundable$45.00 deposit made payable to Robert A. Lack, Inc., 230 Market Street, Lewisburg, PA17837, telephone (717) 524-2300. It is anticipated that bids will be released in thirdweek of May 1997 and bids will open in mid-June 1997. Actual dates of bid openingand pre-bid info will be contained in the bid documents.
Department: State System of Higher EducationLocation: Bloomsburg University, Bloomsburg, PA 17815Duration: 5 monthsContact: Joseph C. Quinn, (717) 389-4311
AE-5006 Roof replacement—removal of asbestos material in present roof. FAX (717)783-7971.
Department: TransportationLocation: Warren Driver Exam Site, Hatch Run Road, Warren, Warren County,
PADuration: 90 calendar days; proposed bid June 1997Contact: Tina Chubb, (717) 787-7001
AE-5007 Roof replacement—removal of asbestos material in present roof. FAX (717)783-7971.
Department: TransportationLocation: Seneca Driver Exam Site, R. D. 2, Box 140, Seneca, Venango County,
PADuration: 90 calendar days; proposed bid June 1997Contact: Tina Chubb, (717) 787-7001
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Railroad/Airline Related Services—34
10-97-12 Repair, overhaul, exchange and modify hydraulic servo actuators, miscella-neous hydraulic components and hydraulic pumps used on the Bell Model 206B,206B-3 and 206L-3 helicopters owned and operated by the Pennsylvania State Police.Vendor must be an approved HR Textron Service Center and a Federal AviationAdministration approved repair station under Federal Aviation Regulation Part 145.Detailed specifications must be obtained from the Procurement and Supply Division,(717) 783-5485.
Department: State PoliceLocation: 575 Airport Drive, New Cumberland, PA 17070Duration: 7-1-97 through 6-30-99Contact: Margaret Chapman, P&S Division, (717) 783-5485
Real Estate Services—35
982A State Owned Property For Sale, Price Reduced, Minimum Bid $72,000. TheDepartment of General Services will accept sealed bids for the purchase of the WarrenArmory. Persons wishing to bid should contact Lloyd Colegrove. Bids will be accepteduntil June 16, 1997. Solicitation No.: 982A.
Department: General ServicesLocation: Real Estate, 505 North Office Building, Harrisburg, PA 17125Duration: Indeterminate 1996-97Contact: Lloyd Colegrove, (717) 772-0538
983A State Owned Property For Sale, Price Reduced, Minimum Bid $34,000. TheDepartment of General Services will accept sealed bids for the purchase of the Mt.Pleasant Armory. Persons wishing to bid should contact Lloyd Colegrove. Bids will beaccepted until June 16, 1997. Solicitation No.: 983A.
Department: General ServicesLocation: Real Estate, 505 North Office Building, Harrisburg, PA 17125Duration: Indeterminate 1996-97Contact: Lloyd Colegrove, (717) 772-0538
984A For Sale—Property Owned by Commonwealth of Pennsylvania. The Departmentof General Services will accept sealed bids for the purchase of 101 acres of land and 22buildings, known as Eastern State School and Hospital, located in Bensalem Township,Bucks County, PA. Any interested party wishing to receive a bid packet should contactthe Department prior to June 15, 1997. Solicitation No.: 984.
Department: General ServicesLocation: Real Estate, 505 North Office Building, Harrisburg, PA 17105Duration: Indeterminate 1996-97Contact: Lloyd Colegrove, (717) 772-0538
985A Lease Office Space to the Commonwealth of Pennsylvania. Proposals are invitedto provide the Board of Finance and Revenue with 11,500 useable square feet ofexisting office space, parking for twenty vehicles is preferred but not required, prioritywill be given to proposals with parking, in Harrisburg, Dauphin County, PA, within thefollowing boundaries: North: Forster Street; South: Chestnut Street; East: North 7thStreet/Fisher Plaza; West: Front Street. Proposals due: June 2, 1997. Solicitation No.:92477.
Department: General ServicesLocation: Real Estate, 505 North Office Building, Harrisburg, PA 17125Duration: Indeterminate 1996-97Contact: Doris Deckman or Edward P. Meyer, (717) 787-4394
986A Lease Office Space to the Commonwealth of Pennsylvania. Proposals are invitedto provide the Department of Public Welfare with 8,021 useable square feet of new orexisting office space in Honesdale, Wayne County, PA, with minimum parking forfifteen (15) vehicles, within a five (5) mile radius of the Wayne County Courthouse. Inareas where street or public parking is not available, an additional 25 parking spacesare required. Proposals due: June 16, 1997. Solicitation No.: 92475.
Department: General ServicesLocation: Real Estate, 505 North Office Building, Harrisburg, PA 17105Duration: Indeterminate 1996-97Contact: Doris Deckman or Cynthia T. Lentz, (717) 787-4394
Sanitation—36
SP344778 Provide handling, collecting and disposal of refuse, such as general trash,glass, non-recyclable wastepaper, aluminum cans, and anything of refuse nature, thatcould accumulate at Complex 2, (Willow Oak and Cherrywood Buildings) located onthe grounds of the Harrisburg State Hospital. Complete details and specifications maybe obtained by contacting the Procurement Office.
Department: Public WelfareLocation: Division of Office Services, Room 233, Health and Welfare Building,
P. O. Box 2675, Harrisburg, PA 17105-2675Duration: 07-01-97—06-30-02Contact: Lori Vessella, (717) 783-9281
Vehicle, Heavy Equipment and PoweredMachinery—38
010317 We are seeking individuals with their own equipment (hydraulic cranes,wreckers, augers, trucks, concrete pumps, hydraulic excavators, sweepers, and variousother highway equipment).
Department: TransportationLocation: 1140 Liberty Street, P. O. Box 711, Franklin, PA 16323Duration: 7/1997 to 6/2000Contact: Tom Moore, (814) 437-4237
2-0-00339 The Pennsylvania Department of Transportation will be renting crawlertractors for the following Counties: Centre, Clinton, McKean, Elk, Mifflin and JuniataCounties -with operators.
Department: TransportationLocation: Centre, Clinton, McKean, Elk, Mifflin and Juniata Counties, PADuration: July 1, 1997 to June 30, 2000Contact: Grover C. Beightol, (814) 765-0492
Miscellaneous—39
356003 Provide repair service to various print shop equipment. All repairs to be doneon-site. Types of equipment include: binders, collators, stitchers, offset presses, folders,paper cutters, etc. Equipment consists of different types of makes, models, andmanufacturers. All requests for bid packages must be received via FAX at (717)783-7971, Attn: Greg Hastings.
Department: TransportationLocation: First Floor, Riverfront Office Center Building, 1101 South Front
Street, Harrisburg, PA 17104Duration: 2 year contract with option for one 2 year renewalContact: Greg Hastings, (717) 783-8914
356004 This work consists of the proper disposal of scrap tires/tire pieces. Scrap tiresconsist of those which cannot be capped. FAX a request for bid packages to Tina Chubbat (717) 783-7971.
Department: TransportationLocation: Bureau of Office Services, 555 Walnut Street, 8th Floor Forum Place,
Harrisburg, PA 17101-1900Duration: Up to 5 yearsContact: Tina Chubb, (717) 787-7001
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Project No. 96-27 ‘‘Computer-Based Training (CBT) Courses.’’ The objective of thisproject is to provide flexibility in the type of computer based/trainer assisted trainingfor a wide variety of topics for PennDOT users and programmers. Additional detailsand a request for proposals are available upon request. FAX request to Tina Chubb at(717) 783-7971.
Department: TransportationLocation: Bureau of Office Services, PennDOT, 555 Walnut Street, 8th Floor,
Forum Place, Harrisburg, PA 17101-1900Duration: Up to 5 yearsContact: Tina Chubb, (717) 787-7001
Project No. 96-36 PennDOT is seeking a forms management contractor to analyzeand redesign PennDOT’s forms management program and designated forms within theSafety Administration functional area. The contractor is required to review andevaluate PennDOT’s existing forms management program and submit recommenda-tions for improvement. Detailed requirements and an RFP are available upon request.FAX requests to Tina Chubb at (717) 783-7971.
Department: TransportationLocation: Bureau of Office Services, PennDOT, 555 Walnut Street, 8th Floor,
Forum Place, Harrisburg, PA 17101-1900Duration: One (1) year with up to 4 renewalsContact: Tina Chubb, (717) 787-7001
0400-FC Stripping, scrubbing, cleaning and waxing floors, stairwells and doorways,four (4) times per year, by machine operation; including necessary moving andreplacing of chairs and furniture at District 4-0 Office Building No. 092-5762. Work tobe performed on weekends; Saturdays and Sundays from 6:00 a.m. to 5:00 p.m. Wax tobe used will be 23% solid or more. Operation to be performed in September, December,March and June. Total floor space: 14,329 square feet.
Department: TransportationLocation: District 4-0, O’Neill Highway, Dunmore, PA 18512Duration: September 1, 1997 to August 31, 2000Contact: Gerald Pronko, (717) 963-4039
012-9005-03 PennSERVE—The PA State Commission announces the availability ofeducation awards from the National Service Trust (AmeriCorps) through a simplifiedapplication process for community service programs that can support most or all of theAmeriCorps Member and program costs from sources other than the Corporation forNational Service. Applications can be obtained by calling PennSERVE (717) 787-1971.A Pre-Application Conference will be offered at the Labor and Industry Building, Room1305, Harrisburg, PA on May 19, 1997 from 1:00—3:00 p.m. In addition, PennSERVEand the Corporation for National Service will consider requests for up to $1,000 pernew full-time Member (pro-rated for a part-time Member) to manage these programs.A Letter of Intent is required (due May 27, 1997) and the Application is due toPennSERVE, June 13, 1997 by 4:00 p.m. EST.
Department: Labor and IndustryLocation: PennSERVE, 1304 Labor and Industry Building, Harrisburg, PA
17120Duration: 1 year upon awardContact: Margaret F. Madigan/Harry Krot, (717) 787-1971
SP 327812 We are requesting the services of a nationwide security transport systemfor the rapid movement of interstate fugitives from one jurisdiction to another. Werequest this service for parole violators from Pennsylvania who are located andconfined in other states and who have been ordered returned as violators by thePennsylvania Board of Probation and Parole. Parole violators would be returned tovarious locations in Pennsylvania, designated by the Board. Utilization of this serviceis to greatly reduce the Agency’s time and expense in the extradition and transporta-tion of parole violators to Pennsylvania.
Department: Board of Probation and ParoleLocation: StatewideDuration: 07/01/97 to 06/30/99 (24 months)Contact: Dawn M. Eshenour, Office Services Division, (717) 787-1989
[Pa.B. Doc. No. 97-808. Filed for public inspection May 16, 1997, 9:00 a.m.]
2516 STATE CONTRACTS INFORMATION
PENNSYLVANIA BULLETIN, VOL. 27, NO. 20, MAY 17, 1997
DESCRIPTION OF LEGEND
1 Advertising, Public Relations, PromotionalMaterials
