Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter B - GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › GENERAL APPLICATION REQUIREMENTS › Section 271.127 - Environmental assessment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Impacts.
Each environmental assessment in a permit application
						  shall include at a minimum 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, land use and municipal waste plans. The applicant shall consider 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)
Municipal
						  waste landfills, construction/demolition waste landfills and resource recovery
						  facilities.
If the application is for the proposed operation of a
						  municipal waste landfill, construction/demolition waste landfill or resource
						  recovery facility, 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)
Need.
The description required by subsections (c) and (d) may
						  include an explanation of the need for the facility, if any. Simply adding new
						  capacity does not establish need for a facility.
(g)
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.
(h)
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 §
															271.201 (relating to criteria for
								permit issuance or denial); 25 Pa. Code §
															273.140 (relating to daily
								volume); 25 Pa. Code §
															277.139 (relating to daily
								volume); 25 Pa. Code §
															279.111 (relating to daily
								volume); 25 Pa. Code §
															281.123 (relating to daily
								volume); and 25 Pa. Code §
															283.114 (relating to daily
								volume).