Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE II CRITERIA › Section 269a.50 - Environmental assessment considerations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The purpose of the criteria in this
						  section is to assist the Department in evaluating the potential impact of a
						  proposed treatment or disposal facility on natural, scenic, historic and
						  aesthetic values of the environment under PA. CONST. ART. I, § 27. The
						  Department will determine whether significant environmental harm will occur
						  after reviewing the applicant's environmental assessment report submitted in
						  compliance with this chapter and after consulting with the applicant and
						  relevant governmental agencies.
(b)
						  If the Department determines that there is a significant impact on natural,
						  scenic, historic or aesthetic values of the environment, the Department will
						  consult with the applicant to examine ways to reduce the environmental
						  incursion to a minimum. If, after consideration of mitigation measures, the
						  Department finds that significant environmental harm will occur, the Department
						  will evaluate the social and economic benefits of the proposed facility to
						  determine whether the harm outweighs the benefits. The evaluation of
						  environmental harm must include, at a minimum, a consideration of the impact of
						  the proposed facility on the 15 types of environmental resources described in
						  this subsection. There may be additional potentially affected natural, scenic,
						  historic or aesthetic values which the Department is constitutionally obligated
						  to protect that will be considered for proposed facilities in some locations.
						  In those instances, the Department will identify additional potential impacts
						  for the applicant. The following criteria may not be construed as an attempt to
						  limit or restrict the responsibilities of a Commonwealth agency under PA.
						  CONST. ART. I, § 27.
(1) If the proposed
						  facility is located within 1 mile of the corridor of a stream or river
						  designated as a National or State wild, scenic, recreational, pastoral or
						  modified recreation river under the National Wild and Scenic Rivers Act of 1968
						  (16 U.S.C.A. §§
															1271-1287), or the Pennsylvania Scenic
						  Rivers Act (32 P. S. §§
															820.21-820.29) the applicant shall provide
						  information and analyses to allow the Department to determine whether the
						  proposed facility conforms to the designating statutes, land management
						  guidelines and studies or plans for the corridor.
(2) If the proposed facility is located
						  within 1 mile of the nearest bank of a stream or river listed as a 1-A priority
						  for study by the Department as a State wild, scenic, recreational, pastoral or
						  modified recreational river; or mandated by the United States Congress for
						  study or determined by the United States Park Service to meet the criteria for
						  study for potential inclusion into the National Wild and Scenic Rivers System,
						  the applicant shall provide information and analyses to allow the Department to
						  assess the extent to which the proposed facility may create adverse
						  environmental, visual or traffic impacts on the river or stream.
(3) If the proposed facility is located
						  within 1 mile of a unit of the National Parks System; a State, county or
						  municipal park; a recreational facility operated by the United States Army
						  Corps of Engineers; a State forest picnic area; or the Allegheny River
						  Reservoir in the Allegheny National Forest; the applicant shall provide
						  information and analyses to allow the Department to assess the extent to which
						  the proposed facility may create adverse environmental, visual or traffic
						  impacts on the park or other recreation areas listed in this
						  subsection.
(4) If the facility is
						  located within 1 mile of the footpath of the Appalachian Trail or other State
						  designated trail, the applicant shall provide information and analyses to allow
						  the Department to assess the extent to which the proposed facility may create
						  adverse environmental, visual or traffic impacts on the Appalachian Trail or
						  other State designated trail.
(5)
						  If the facility is located within 1 mile of a National Natural Landmark
						  designated by the United States National Park Service, or a natural area or
						  wild area designated by a State or Federal agency, the applicant shall provide
						  information and analyses to allow the Department to assess the extent to which
						  the proposed facility may create adverse environmental, visual or traffic
						  impacts on the National Landmark, natural area or wild area.
(6) If the facility is located within 1 mile
						  of or within an identified potential impact area of a National wildlife refuge,
						  National fish hatchery or National environment center operated by the United
						  States Fish and Wildlife Service, the applicant shall provide information and
						  analyses to allow the Department to assess the extent to which the proposed
						  facility may create adverse environmental, visual or traffic impacts on the
						  wildlife reserve, fish hatchery or environmental center.
(7) If the facility is located within 1 mile
						  of a historic property owned by the Historical and Museum Commission, the
						  applicant shall provide information and analyses to allow the Department to
						  assess the extent to which the proposed facility may create adverse
						  environmental, visual or traffic impacts on the historic property.
(8) If the facility is located within 1 mile
						  of a historic site listed in the National Register of Historic Places, the
						  applicant shall provide information and analyses to allow the Department to
						  assess the extent to which the proposed facility may create adverse impacts on
						  historic sites.
(9) If the facility
						  is located within 1/4 mile of a historic site listed in the Pennsylvania
						  Inventory of Historic Places or an archaeological site listed in the
						  Pennsylvania Archaeological Site Survey, the applicant shall provide
						  information and analyses to allow the Department to assess the extent to which
						  the proposed facility may create adverse impacts on the historical or
						  archaeological site.
(10) If the
						  facility is located within 1 mile of the boundary of a State forest or State
						  game land or the proclamation boundary of the Allegheny National Forest, the
						  applicant shall provide information and analyses to allow the Department to
						  assess the extent to which the proposed facility may create adverse impacts on
						  the forest, game and or resources.
(11) If the facility is located within an
						  area which is a habitat of a rare, threatened or endangered species of plant or
						  animal protected by the Endangered Species Act of 1973 (7 U.S.C.A. §
															136 and
						  16 U.S.C. A. §§
															460r-1,
						  460l-9,
						  668 dd, 715i, 715s, 1362, 1371,
						  1372, 1402 and 1531-1543), the Wild Resource Conservation Act (32 P. S.
						  §§
															5301-5314), or recognized by the
						  Fish and Boat Commission or Game Commission; the applicant shall provide
						  information and analyses to allow the Department to assess the extent to which
						  the proposed facility may create adverse effects on the species or habitate and
						  mitigation measures the applicant has proposed to deal with adverse
						  impacts.
(12) If the facility will
						  result in an increase in the peak discharge rate of stormwater drainage from
						  the project site, the applicant shall demonstrate that the proposed facility is
						  in conformance with the official stormwater management plan required by the
						  Storm Water Management Act (32 P. S. §§
															680.1-680.17), and the proposed facility will
						  manage the runoff in a manner that otherwise adequately protects health and
						  property from injury.
(13) If a
						  facility is proposed to be located in a watershed for which a formal written
						  request for designation as exceptional value waters has been received by the
						  Department or the EQB, the applicant shall provide information and analyses to
						  allow the Department to assess the impact of the proposed facility on the
						  pending designation.
(14) If the
						  facility generates a wastewater discharge which could degrade waters designated
						  as high quality waters under Chapter 93 (relating to water quality standards)
						  or waters for which a formal written request for designation as high quality
						  waters has been received by the Department or the EQB, the applicant shall
						  demonstrate:
(i) The discharges are justified
						  as a result of necessary economic or social development which is of significant
						  public value.
(ii) The discharges,
						  alone or in combination with other anticipated discharges of pollutants to the
						  waters, will not preclude a use presently possible in the waters and downstream
						  from the waters, and will not result in a violation of the numerical water
						  quality criteria specified in §
															93.9 (relating to designated water
						  uses and water quality criteria) which are applicable to the receiving
						  waters.
(15) If a
						  proposed facility is to be located on prime or unique agricultural land as
						  defined by the Soil Conservation Service, lands currently in agricultural use,
						  or lands of Statewide importance as designated by the Soil Conservation
						  Service, the applicant shall provide information and analyses to allow the
						  Department to assess the proposed facility's consistency with Commonwealth
						  policy, such as Executive Order 1982-3 regarding agricultural lands at 4 Pa.
						  Code Chapter 7, Subchapter W (relating to agricultural land preservation
						  policy).