1994 Orion Power Midwest, LP v. DEP; EHB doc. no. 2007-214-R

ENVIRONMENTAL
HEARING BOARD

Orion Power Midwest, LP v. DEP; EHB Doc. No. 2007-214-R

[38 Pa.B. 6123]
[Saturday, November 1, 2008]

   The Department of Environmental Protection (Department) and Orion Power Midwest, LP (Orion) have agreed to a settlement.

   The major provisions of which provide for the publication of a draft of Amendment No. 1 to National Pollutant Discharge Elimination System Permit PA 001627 (NPDES Permit). As set forth in the settlement, Orion has agreed not to appeal from the final issuance of Amendment No. 1 to the NPDES Permit.

   Orion operates a coal-fired steam electric generating plant located in Springdale Borough, Allegheny County, commonly known as the ''Cheswick Power Station.'' On August 9, 2007, the Department issued an NPDES Permit to Orion authorizing the company to discharge stormwater and wastewater from several outfalls into the Allegheny River, Little Deer Creek and an unnamed tributary to Little Deer Creek. Specifically, Outfall 002 is the designation for the treated discharge from the Monarch Mine Dewatering Plan to Little Deer Creek. Outfall 003 is the designation for the treated discharge of wastewater from the Cheswick Power Station to the Allegheny River. Outfalls 203--603 are the designations for various discharges from internal processes and sources for eventual discharge from Outfall 003. Outfall 005 is the designation of the discharge of uncontaminated stormwater runoff from around the Monarch Mine Dewatering Plant to Little Deer Creek.

   The draft of Amendment No. 1 to the NPDES Permit deletes and modifies certain effluent limitations at Outfalls 002, 003 and 005 where additional data has been supplied to the Department and evaluated. Effluent limitations for certain parameters at Outfall 503, the internal monitoring point for the discharge from the flue gas desulphurization treatment plant, have been modified. Additional monitoring requirements were imposed at Outfall 503. Also, measurement frequencies were modified for certain parameters at Outfalls 002, 203, 303 and 603.

   Copies of the full agreement are in the hands of:

Bruce M. Herschlag
Assistant Regional Counsel
Commonwealth of Pennsylvania
Department of Environmental Protection
Office of Chief Counsel
400 Waterfront Drive
Pittsburgh, PA 15222-4745
[phone]
 
and
 
Donald C. Bluedorn, II, Esquire
Babst Calland Clements and Zomnir, PC
Two Gateway Center
603 Stanwix Street, Suite 8W
Pittsburgh, PA 15222
[phone]

and at the offices of the Environmental Hearing Board (Board), and may be reviewed by any interested person on request during normal business hours.

   Persons interested in providing comment to the Board on the proposed Consent Order and Adjudication must do so within 30 days of the date this notice is published in the Pennsylvania Bulletin. Copies of all comments shall also be submitted to the attorney for each party listed previously.

   Persons believing himself aggrieved by the previous settlement has a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals must be filed within 30 days of this publication.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at [phone]. TDD users may telephone the Board through the Pennsylvania Relay Service at [phone].

   The Board is empowered to approve this settlement if no objection is timely filed with the Board.

THOMAS W. RENWAND,   
Acting Chairperson

[Pa.B. Doc. No. 08-1994. Filed for public inspection October 31, 2008, 9:00 a.m.]