760 BP Products North America, Inc. v. DEP; EHB doc. no. 2005-032-L

ENVIRONMENTAL
HEARING BOARD

BP Products North America, Inc. v. DEP; EHB Doc. No. 2005-032-L

[37 Pa.B. 2043]
[Saturday, April 28, 2007]

   The Department of Environmental Protection (Department) and BP Products North America, Inc. (BP) have agreed to a settlement of the previous matter. The Department issued an individual NPDES Permit PA 0205028 on January 10, 2005, effective February 1, 2005. The NPDES Permit authorizes discharges from BP's Petroleum Marketing Terminal in Hempfield Township, Westmoreland County to an unnamed tributary of Jacks Run. The NPDES Permit contains interim and final effluent limitations. The final effluent limitations become effective 3 years after the effective permit date. BP appealed issuance of the NPDES Permit challenging, inter alia, the imposition of final effluent limitations for benzene, other organics and metals on the discharge.

   The parties have agreed to a settlement, the major provisions of which include:

   1.  The Department will modify the final limits of the NPDES Permit to Monitor and Report.

   2.  BP will submit a full and complete application for a Water Management Part II permit to authorize modifications BP made to its oil water separator.

   Copies of the full agreement are in the possession of: Zelda Curtiss, Assistant Regional Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, [phone] and David G. Mandelbaum, Esquire, Ballard Spahr Andrews & Ingersoll, LLP, 1735 Market Street, 51st Floor, Philadelphia, PA 19103-7599, [phone] and at the offices of the Environmental Hearing Board, and may be reviewed by any interested person on request during normal business hours.

   Individuals believing himself aggrieved by the previous settlement has a right to appeal to the Environmental Hearing Board, Second Floor, Market Street 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 AT&T Pennsylvania Relay Service at [phone].

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

MICHAEL L. KRANCER,   
Chairperson

[Pa.B. Doc. No. 07-760. Filed for public inspection April 27, 2007, 9:00 a.m.]