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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

25 Pa. Code § 269a.13. Phase II.

§ 269a.13. Phase II.

 (a)  Phase II criteria are established in § §  269a.41—269a.50 (relating to Phase II criteria) and identify further environmental, social and economic factors which may affect the suitability of a location for a proposed facility. Phase II criteria apply to hazardous waste treatment or disposal facilities and modifications. If a facility site does not satisfy a Phase II criteria, the applicant shall submit additional information and analyses to allow the Department to assess what effect, if any, failure to satisfy the criterion has upon the acceptability of the facility site.

 (b)  The Department will provide notice to municipal officials and other interested persons in order to solicit further information regarding potential effects of a failure to meet Phase II criteria at the proposed facility site. The Department may undertake additional investigations and after consideration of relevant information, will determine whether the proposed design, construction and operation of the facility will successfully mitigate adverse effects which would otherwise be associated with failure to satisfy the criterion.

 (c)  After evaluating Phase II criterion individually, the Department will evaluate the facility’s overall compliance with the Phase II criteria, and will identify risks that have not been eliminated through mitigation measures. If risks to the public health or safety, or to significant natural, scenic, historic or aesthetic values remain, which, in the judgment of the Department, render the proposed facility site unacceptable for a hazardous waste treatment or disposal facility, the Department may include conditions in the permit which eliminate or reduce the identified risks or may deny the permit application.

Cross References

   This section cited in 25 Pa. Code §  269a.11 (relating to scope and applicability).

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