Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter C - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › GENERAL APPLICATION REQUIREMENTS › Section 287.127 - Environmental assessment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Impacts.
Each environmental assessment in a permit application
						  shall include a detailed analysis of the potential impact of the proposed
						  facility on the environment, public health and public safety, including
						  traffic, aesthetics, air quality, water quality, stream flow, fish and
						  wildlife, plants, aquatic habitat, threatened or endangered species, water uses
						  and land use. The applicant shall consider environmental features such as
						  scenic rivers, recreational river corridors, local parks, State and Federal
						  forests and parks, the Appalachian trail, historic and archaeological sites,
						  National wildlife refuges, State natural areas, National landmarks, farmland,
						  wetland, special protection watersheds designated under Chapter 93 (relating to
						  water quality standards), airports, public water supplies and other features
						  deemed appropriate by the Department or the applicant. The permit application
						  shall also include all correspondence received by the applicant from any state
						  or Federal agency contacted as part of the environmental assessment.
(b)
Harms.
The environmental
						  assessment shall describe the known and potential environmental harms of the
						  proposed project. The applicant shall provide the Department with a written
						  mitigation plan which explains how the applicant plans to mitigate each known
						  or potential environmental harm identified and which describes any known and
						  potential environmental harms not mitigated. The Department will review the
						  assessment and mitigation plans to determine whether there are additional harms
						  and whether all known and potential environmental harms will be mitigated. In
						  conducting its review, the Department will evaluate each mitigation measure and
						  will collectively review mitigation measures to ensure that individually and
						  collectively they adequately protect the environment and the public health,
						  safety and welfare.
(c)
Noncaptive landfills, disposal impoundments and incinerators.
If the application is for the proposed operation of a noncaptive landfill,
						  disposal impoundment or incinerator, the applicant shall demonstrate that the
						  benefits of the project to the public clearly outweigh the known and potential
						  environmental harms. In making this demonstration, the applicant shall consider
						  harms and mitigation measures described in subsection (b). The applicant shall
						  describe in detail the benefits relied upon. The benefits of the project shall
						  consist of social and economic benefits that remain after taking into
						  consideration the known and potential social and economic harms of the project
						  and shall also consist of the environmental benefits of the project, if
						  any.
(d)
Other
						  facilities.
If the application is for the proposed operation of
						  another type of facility and the applicant or the Department upon review
						  determines that known or potential environmental harm remains despite the
						  mitigation measures described in subsection (b), the applicant shall
						  demonstrate that the benefits of the project to the public clearly outweigh the
						  known and potential environmental harms. In making this demonstration, the
						  applicant shall consider harms and mitigation measures described in subsection
						  (b). The applicant shall describe in detail the benefits relied upon. The
						  benefits of the project shall consist of social and economic benefits that
						  remain after taking into consideration the known and potential social and
						  economic harms of the project and shall also consist of the environmental
						  benefits of the project, if any.
(e)
Identification of harms and
						  benefits.
Known and potential harms and benefits of a proposed project
						  may also be identified by the Department or any other person or
						  municipality.
(f)
Evaluation.
After consultation with other appropriate agencies
						  and potentially affected persons, the Department will evaluate the
						  environmental assessment in Phase I of permit review or otherwise prior to
						  technical review.
(g)
Revision.
The Department may require submission of a revised
						  environmental assessment if additional harms or potential harms are discovered
						  during any phase of permit application review.
This section cited in 25 Pa. Code §
															287.201 (relating to criteria for
								permit issuance or denial); 25 Pa. Code §
															288.138 (relating to daily
								volume); 25 Pa. Code §
															289.137 (relating to daily
								volume); 25 Pa. Code §
															293.110 (relating to daily
								volume); 25 Pa. Code §
															295.119 (relating to daily
								volume); and 25 Pa. Code §
															297.112 (relating to daily
								volume).