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PA Bulletin, Doc. No. 04-816



Availability of Draft Hazardous Waste Facilities Plan

[34 Pa.B. 2514]

   The Department of Environmental Protection (Department) and the Environmental Quality Board (Board) will hold a public information meeting and a public hearing regarding the Department's draft Hazardous Waste Facilities Plan (plan). On April 20, 2004, the Board accepted the draft plan under the Solid Waste Management Act (act) (35 P. S. §§ 6018.101--6018.1003).

   The plan is a requirement of the act and must be updated no less than every 5 years. Upon the Board's final approval, this version of the plan will update and replace the plan adopted by the Board on July 21, 1998. The objective of the plan is to determine whether additional treatment and disposal capacity is needed to properly manage hazardous waste generated in this Commonwealth. As such, the plan addresses:  criteria and standards for siting hazardous waste treatment and disposal facilities, which were established in 25 Pa. Code Chapter 269 in 1986; sources of hazardous waste concentration and current hazardous waste practices; future hazardous waste facility needs; source reduction; and identification of additional hazardous waste treatment and disposal facilities and their locations, if needed. The first plan was developed in 1986, followed by updates in 1992 and 1998.

   The plan is one of the factors that the Board would evaluate in determining whether a Certificate of Public Necessity (CPN) can be issued. If the plan finds that new hazardous waste management capacity is needed, and the other factors of public participation and impact are addressed, the act empowers the Board to issue a CPN, which overrides local zoning and other restrictions. The amount of hazardous waste sent to commercial facilities from generators in this Commonwealth has been steadily declining since 1989, and that trend is expected to continue. In addition, generators have adequate access to technology that reduces or eliminates hazardous waste generation, and there is adequate commercial treatment and disposal capacity available. As a result, the plan concludes that the issuance of a CPN to provide additional hazardous waste management options to genera-tors in this Commonwealth is not necessary. The CPN regulations are in 25 Pa. Code Chapter 269a, Subchapter B (relating to certificates of public necessity).

Public Information Meeting

   The Department will hold a public information meeting for the purpose of discussing the draft plan and answering questions. No formal record of questions or comments will be kept at this public information meeting. The public information meeting will be held at 7 p.m. on Monday, June 14, 2004, in Room 105, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA.

Public Hearing

   The Board will hold a public hearing for the purpose of accepting comments on the draft plan. The hearing will be held at 7 p.m. on Wednesday, June 16, 2004, in Room 105, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA.

   Individuals wishing to present testimony at the hearing are asked to reserve a time to present testimony at least 1 week in advance of the hearing by contacting Donna Beer, Environmental Quality Board, P. O. Box 8477, Harrisburg, PA, 17105-8477, (717) 787-4526. Oral testimony will be limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their statement at the hearing. Each organization is requested to designate one witness to present testimony on its behalf.

   Persons with a disability who wish to attend the public information meeting or hearing and require an auxiliary aid, service or other accommodation to participate should contact Donna Beer at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how their needs may be accommodated.

Written Comments

   Instead of or in addition to presenting oral testimony at a hearing, interested persons may submit written comments, suggestions or objections regarding the proposed plan to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail:  Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. The Board must receive comments by July 7, 2004. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by July 7, 2004. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final plan will be considered.

Electronic Comments

   Comments may be submitted electronically to the Board at A subject heading of the draft plan and a return name and address must be included in each transmission. The Board must also receive comments submitted electronically by July 7, 2004.

Copies of the Draft Plan

   Copies of the draft plan may be obtained from the Bureau of Land Recycling and Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-2063, (717) 787-7382. The draft plan is also on the Department's website: (choose ''Public Participation Center'' then ''Proposals Open for Comment''). Additional information regard-ing this draft plan can be obtained by contacting Tom Hyatt, (717) 787-7382.

Department of Environmental Protection
Environmental Quality Board

[Pa.B. Doc. No. 04-816. Filed for public inspection May 7, 2004, 9:00 a.m.]

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