929 Emerald Coal Resources, LP v. DEP; EHB doc. No. 2013-101-M consolidated with EHB doc. No. 2013182-M

ENVIRONMENTAL
HEARING BOARD

Emerald Coal Resources, LP v. DEP; EHB Doc. No. 2013-101-M Consolidated with EHB Doc. No. 2013-182-M

[45 Pa.B. 2440]
[Saturday, May 16, 2015]

 The Department of Environmental Protection (Department) and Emerald Coal Resources, LP (Emerald) have agreed to a settlement of the previously referenced matter.

 The parties have agreed to a settlement, the major provisions of which provide for the stay and revision of certain terms and conditions of renewed National Pollution Discharge Elimination System (NPDES) Permits and Coal Mining Activity Permits (CMAP) for two Emerald facilities. In the settlement, Emerald retains the right to appeal the issuance of any future revisions or modifications to the permits.

 Emerald owns and operates a coal refuse disposal area known as the Emerald Mine No. 1 Coal Refuse Disposal Facility No. 1, located in Franklin Township, Greene County (Emerald Mine No. 1 CRDA No. 1). On June 13, 2013, the Department renewed the facility's CMAP No. 30753712 and NPDES Permit No. PA0215724 (collectively, the Emerald Mine No. 1 CRDA No. 1 Permit).

 Emerald also owns and operates a bituminous underground coal mine known as the Emerald Mine No. 1, located in Franklin Township, Greene County (Emerald Mine No. 1). On September 16, 2013, the Department renewed the facility's CMAP No. 30841307 and NPDES Permit No. PA0213438 (collectively, the Emerald Mine No. 1 Permit).

 Emerald filed timely Notices of Appeal challenging the renewed Emerald Mine No. 1 CRDA No. 1 Permit (docketed at EHB Doc. No. 2013-101-M), and the renewed Emerald Mine No. 1 Permit (docketed at EHB Doc. No. 2013-182-M). The Environmental Hearing Board (Board) consolidated the two appeals at EHB Doc. No. 2013-101-M. On April 25, 2014, the Board approved a Consent Supersedeas regarding certain provisions of the Emerald Mine No. 1 CRDA No. 1 Permit and the Emerald Mine No. 1 Permit.

 The settlement provides that terms and conditions of the April 25, 2014, Consent Supersedeas pertaining to the Emerald Mine No. 1 CRDA No. 1 Permit and the Emerald Mine No. 1 Permit will remain in effect until the reissuance of revised permits by the Department. Accordingly, maximum daily limitations for flow at 11 outfalls at the Emerald Mine No. 1 will be stayed until the reissuance of the revised Emerald Mine No. 1 Permit, and certain flow limitations at Outfall 001 and monitoring requirements in the Emerald Mine No. 1 CRDA No. 1 Permit will be revised until the reissuance of the revised Emerald Mine No. 1 CRDA No. 1 Permit.

 Copies of the full agreement are in the hands of Michael J. Heilman, Esquire, Assistant Regional Counsel, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222, [phone] and Donald C. Bluedorn, II, Esquire, Sean M. McGovern, Esquire, Babst, Calland, Clements and Zomnir, PC, Two Gateway Center, 603 Stanwix Street, Pittsburgh, PA 15222, [phone].

 Copies are also available at the offices of the Board and may be reviewed by any interested person on request during normal business hours. Copies of the Consent Adjudication are also available at the Board's web site at http://ehb.courtapps.com. Using the Docket Search page, enter case number 2013101 to view the docket sheet for this case.

 Any person interested in providing comment to the Board on the proposed Consent 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.

 Any person believing to be 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 AT&T Relay Service at [phone].

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

RICHARD P. MATHER, Sr., 
Judge

[Pa.B. Doc. No. 15-929. Filed for public inspection May 15, 2015, 9:00 a.m.]