# 7. REGULATORY COMPLIANCE AND PERMIT REQUIREMENTS

# 

This section lists federal, state, and local regulatory compliance and
permit requirements for the proposed facilities.

**7.1 FEDERAL REQUIREMENTS**

**CLEAN AIR ACT**

-   Enacted by Public Law 90-148, Air Quality Act of 1967 (42 USC 7401
    et seq.)

-   Amended by Public Law 101-549, Clean Air Act Amendments of 1990

-   Comprised of Titles I through VI

-   Applicable titles

--- Title I---Air Pollution Prevention and Control. This Title is the
basis for air quality and emission limitations, PSD permitting program,
State Implementation Plans, New Source Performance Standards, and
National Emissions Standards for Hazardous Air Pollutants.

--- Title IV---Acid Deposition Control. This Title establishes
limitations on sulfur dioxide and nitrogen oxide emissions, permitting
requirements, monitoring programs, reporting and record keeping
requirements, and compliance plans for emission sources. This Title
requires that emissions of sulfur dioxide from utility sources be
limited to the amounts of allowances held by the sources.

--- Title V---Permitting. Although a Title V permit may not be required,
this Title provides the basis for the Operating Permit Program and
establishes permit conditions, including monitoring and analysis,
inspections, certification, and reporting. Authority for implementation
of the permitting program is delegated to authorized states, including
Pennsylvania.

-   Regulations implementing the Clean Air Act are found in 40 CFR Parts
    50--95.

**CLEAN WATER ACT**

-   Enacted by Public Law 92-500, Federal Water Pollution Control Act
    Amendments of 1972

(33 USC 1251 et seq.)

-   Amended by Public Law 95-217, Clean Water Act of 1977, and Public
    Law 100‑4, Water Quality Act of 1987

-   Comprised of Titles I through IV

-   Applicable titles

    -   Title III---Standards and Enforcement.

        -   Section 301, Effluent Limitations, is the basis for
            establishing a set of technology-based effluent standards
            for specific industries.

        -   Section 302, Water Quality Related Effluent Limitations,
            addresses the development and application of effluent
            standards based on water quality goals for the waters
            receiving the effluent.

    -   Title IV---Permits and Licenses.

        -   Section 402, National Pollutant Discharge Elimination System
            (NPDES), regulates the discharge of pollutants to surface
            waters. Regulations implementing the NPDES program are found
            in 40 CFR Part 122. Authority for implementation of the
            NPDES permit program is delegated to authorized states,
            including Pennsylvania.

        -   Section 404, Permits for Dredged or Fill Material, regulates
            the discharge of dredged or fill material in the
            jurisdictional wetlands and waters of the United States. The
            U.S. Army Corps of Engineers has been delegated the
            responsibility for authorizing these actions.

-   Regulations implementing the Clean Water Act are found in 40 CFR
    Parts 104--140. Regulations that affect the permitting of this
    project include

--- 40 CFR Part 112---Oil Pollution Prevention. This regulation requires
the preparation of a Spill Prevention, Control, and Countermeasure Plan.

--- 40 CFR Part 122---NPDES. This regulation requires the permitting and
monitoring of any discharges to waters of the United States.

**EXECUTIVE ORDERS 11988 AND 11990**

Executive Order 11988, Floodplain Management, directs federal agencies
to establish procedures to ensure that they consider potential effects
of flood hazards and floodplain management for any action undertaken.
Agencies are to avoid impacts to floodplains to the extent practical.
Executive Order 11990, Protection of Wetlands, requires federal agencies
to avoid short- and long-term impacts to wetlands if a practical
alternative exists. DOE regulation 10 CFR Part 1022 establishes
procedures for compliance with these Executive Orders. Where no
practical alternatives exist to development in floodplain and wetlands,
DOE is required to prepare a floodplain and wetlands assessment
discussing the effects on the floodplain and wetlands, and consideration
of alternatives. In addition, these regulations require DOE to design or
modify its actions to minimize potential damage in floodplains or harm
to wetlands. DOE is also required to provide opportunity for public
review of any plans or proposals for actions in floodplains and new
construction in wetlands.

The floodplain and wetlands effects anticipated from this proposed
project are provided in the following sections of the EIS: Section 3.5.1
(Floodplains---Existing Environment), Section 3.5.2 (Wetlands---Existing
Environment), Section 4.1.5.1 (Floodplains--- Environmental
Consequences), and Section 4.1.5.2 (Wetlands---Environmental
Consequences).

**SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977**

-   Enacted by Public Law 95-87, Surface Mining Control and Reclamation
    Act of 1977

-   The Act provides for the federal regulation of surface coal mining
    operations and the acquisition and reclamation of abandoned mines.

-   Applicable title

--- Title V--- Control of the Environmental Impacts of Surface Coal
Mining. This Title authorizes the implementation of and federal funding
for state regulatory programs that meet the minimum standards specified
by the statute. The Pennsylvania Department of Environmental Protection
is authorized to administer the regulatory program under this Act.

**RESOURCE CONSERVATION AND RECOVERY ACT OF 1976**

-   Enacted by Public Law 94-580, Resource Conservation and Recovery Act
    of 1976 (42 USC 6901 et seq.)

-   Amended by legislation including Public Law 98-616, Hazardous and
    Solid Waste Amendments of 1984, Public Law 99-499, Superfund
    Amendments and Reauthorization Act of 1986, and Public Law 104-119,
    Land Disposal Flexibility Act of 1996

-   Applicable title

--- Title II---Solid Waste Disposal (known as the Solid Waste Disposal
Act). This Title regulates the disposal of solid wastes. Title II,
Subtitle C---Hazardous Waste Management, provides for a regulatory
system to ensure the environmentally sound management of hazardous
wastes from the point of origin to the point of final disposal.
Pennsylvania has delegated authority to administer most elements of the
RCRA Subtitle C program within the state. Title II, Subtitle D---State
or Regional Solid Waste Plans, allows states to plan for managing and
permitting the disposal of solid wastes and requires each state to
develop and implement a regulatory program to ensure that municipal
solid waste landfills and other facilities that receive household
hazardous waste or conditionally exempt small quantity generator
hazardous waste meet federal minimum standards (40 CFR Part 258) for the
location, design, operation, closure, and post-closure care of municipal
solid waste landfills.

-   Project participants would be required to identify any residues that
    require management as hazardous waste under RCRA (40 CFR Part 261).
    For some waste streams, this includes testing waste samples using
    the toxic characteristic leaching procedure or other procedures that
    measure hazardous waste characteristics.

**ENDANGERED SPECIES ACT OF 1973**

-   Enacted by Public Law 93-205, Endangered Species Act of 1973 (16 USC
    1531 et seq.)

--- Section 7, "Interagency Cooperation," requires any federal agency
authorizing, funding, or carrying out any action to ensure that the
action is not likely to jeopardize the continued existence of any
endangered species or threatened species or result in the destruction or
adverse modification of critical habitat of such species. Consequently,
the U.S. Fish and Wildlife Service will conduct a consultation, in
compliance with Subsection (a)(2) of Section 7 of the Act, with regard
to the impacts of the proposed project on threatened and endangered
species listed by the U.S. Fish and Wildlife Service and any critical
habitat of such species in the vicinity of the proposed facilities.

Under Section 7 of the Act, DOE has consulted with the U.S. Fish and
Wildlife Service (Appendix A).

**NATIONAL HISTORIC PRESERVATION ACT OF 1966**

-   Enacted by Public Law 89-665, National Historic Preservation Act of
    1966 (16 USC 470 et seq.)

-   Under Section 106, the head of any federal agency having direct or
    indirect jurisdiction over a proposed federal or federally assisted
    undertaking in any state and the head of any federal department or
    independent agency having authority to license any undertaking
    shall, prior to the approval of the expenditure of any federal funds
    on the undertaking or prior to the issuance of any license, as the
    case may be, take into account the effect of the undertaking on any
    district, site, building, structure, or object that is included in
    or eligible for inclusion in the Nation­al Register. The head of any
    such federal agency shall afford the Advisory Council on Historic
    Preservation established under Title II of the Act a reasonable
    opportunity to comment with regard to such undertaking.

Under Section 106 of the Act, DOE has consulted with Pennsylvania's
State Historic Preservation Officer (Appendix B).

**OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION**

-   OSHA General Industry Standards (29 CFR Part 1910). Authority:
    Sections 4, 6, 8, Occupational Safety and Health Act of 1970
    (29 U.S.C. 653, 655, 657); Secretary of Labor\'s Order Numbers 12-71
    (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR
    9033), and 6‑96

(62 FR 111), as applicable

-   OSHA Construction Industry Standards (29 CFR Part 1926). Authority:
    44 FR 8577, February 9, 1979; 44 FR 20940, April 6, 1979

**FEDERAL AVIATION ACT OF 1958**

-   Enacted by Public Law 85-726, Federal Aviation Act of 1958 (49 USC
    1101 et seq., as amended)

-   Regulations implementing this Act are found in 14 CFR Part 77 and
    are enforced by the U.S. Department of Transportation, Federal
    Aviation Administration.

-   These regulations require submittal of a notice identifying any
    structures that, because of construction or alteration, may be a
    hazard to air transportation. WMPI would submit to the Federal
    Aviation Administration the agency's Form 7460‑1, Notice of Proposed
    Construction or Alteration.

**7.2 STATE REQUIREMENTS**

-   On March 18, 2005, the Pennsylvania Department of Environmental
    Protection issued Air Quality Program Permit No. 54-399-034 for the
    proposed facilities. The permit, which expires on March 31, 2010,
    establishes maximum allowable limits for total facility emissions
    during any consecutive 12‑month rolling period (Section 4.1.2.2).

-   Treated wastewater from the existing Gilberton Power Plant, which is
    discharged to an ash pond in the Mahanoy Creek valley, is regulated
    by Pennsylvania NPDES industrial wastewater discharge permit 278784,
    issued in 1997. Discharge of treated effluent from the proposed
    facilities would also require an NPDES permit issued by the
    Pennsylvania Department of Environmental Protection. A new set of
    effluent standards would be established for the new facilities.

-   Groundwater withdrawal and consumptive water use permits from the
    Susquehanna River Basin Commission would be required for withdrawal
    and use of water from the Gilberton mine pool. The Susquehanna River
    Basin Commission, which was established in 1972 by the Susquehanna
    River Basin Compact, is composed of representatives from the federal
    government and the states of New York, Pennsylvania, and Maryland.
    Article 11 of the Compact authorizes the river basin commission to
    regulate and control withdrawals and diversions from surface waters
    and groundwaters of the basin. In Pennsylvania, the river basin
    commission coordinates actions on specific projects with the
    Pennsylvania Department of Environmental Protection. The facilities'
    water use would need to be reported regularly to the river basin
    commission and the Pennsylvania Department of Environmental
    Protection, as required by Pennsylvania Act 220.

-   Beneficial use or disposal of slag, ash, or water and wastewater
    treatment sludges, including use in mine reclamation, would be
    subject to the requirements of Pennsylvania's residual waste
    management regulations, at 25 Pa. Code Chapter 287. Chemical
    analysis and leach testing of the materials would be required prior
    to some uses. Individual or general permits could be required
    depending on the intended management, but no permit is needed for
    use of coal combustion products in concrete manufacture, or for use
    of slag or bottom ash as a construction aggregate, antiskid
    material, or road surface preparation material.

-   Mining and mine reclamation activities associated with the proposed
    facilities could require permits and approvals from the Pennsylvania
    Department of Environmental Protection under regulations at 25 Pa.
    Code Chapter 86 (Surface and Underground Coal Mining: General) and
    Chapter 88 (Anthracite Coal). Alternatively, if coal is obtained
    from refuse material on an abandoned mining property, the
    Pennsylvania Department of Environmental Protection could waive the
    permit requirement and sign a government-financed construction
    contract allowing the acquisition of coal in exchange for land
    reclamation and abatement of mine drainage.

-   Any landfill used for disposal of solid waste generated by the
    proposed project must have an appropriate license from the
    Pennsylvania Department of Environmental Protection. Regulations for
    the siting, design, and operation of municipal solid waste landfills
    are at 25 Pa. Code Chapter 273. Regulations for
    construction/demolition waste landfills are at 25 Pa. Code
    Chapter 277. Licensed municipal solid waste landfills may receive
    construction wastes and residual waste in addition to normal
    municipal refuse, but specific approval from the Pennsylvania
    Department of Environmental Protection would be required for
    disposal of residual wastes such as sludge or ash. To be approved
    for disposal in a municipal solid waste landfill, residual waste
    from the proposed facilities would need to be meet several criteria:
    (1) the waste must be compatible with the liner system and other
    wastes received by the facility, (2) the leachate generated by the
    waste must be adequately treated by the landfill's leachate
    treatment facility, and (3) the physical characteristics of the
    waste must not cause or contribute to structural instability or
    other operational problems at the landfill site.

**7.3 LOCAL REQUIREMENTS**

-   WMPI would be required to comply with environmental and zoning
    regulations specified by Mahanoy and/or West Mahanoy Townships and
    Schuylkill County for construction and operation of the proposed
    facilities.

-   Building and grading permits would need to be obtained from Mahanoy
    and/or West Mahanoy Townships before commencing construction.
    Facility designers would need to verify building code requirements,
    including requirements related to seismic safety, with local
    permitting agencies before commencing detailed design. Building and
    grading permits would include provisions for sediment control and
    for disposal of stumps and other debris from land clearing. Approval
    of open burning for disposal of land-clearing debris would be
    included in the permit.

-   Construction of an onsite septic system for treatment and disposal
    of sanitary wastewater would require a permit from Mahanoy and/or
    West Mahanoy Townships, as required by the Pennsylvania Sewage
    Facilities Act (Act 537 of 1966).