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PA Bulletin, Doc. No. 96-1447



Action on Rulemaking Petition

[26 Pa.B. 4292]

   At the August 20, 1996, meeting of the Environmental Quality Board (EQB), the EQB took action on a rulemaking petition under 25 Pa. Code Chapter 23 (EQB Policy for Processing Petitions).

   The petition was submitted by Waste Management East, Inc., on December 13, 1995, and was accepted by the EQB for study in April 1996. The petition requested amendment or repeal of § 279.202(a)(5) of the Department of Environmental Protection's (DEP) regulations to provide for more flexibility in selecting sites for municipal waste transfer facilities.

   The EQB denied the petitioner's request to repeal the regulation and denied the petitioner's request that the regulation be amended to eliminate the property line buffer zone in areas zoned industrial or where actual uses are industrial.

   The DEP plans to address the petitioner's proposal to amend the regulation to allow a written waiver from the setback distance from the adjacent property owner. This amendment will be combined with several other municipal waste amendments identified through the Department's Regulatory Basics Initiative in a future rulemaking which is anticipated for EQB consideration in December 1997. The amendment will be reviewed by the Solid Waste Advisory Committee in September 1997. If the EQB concurs with the proposed rulemaking, an opportunity for public comment will follow.

   Copies of the petition are available from the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, phone (717) 787-4526, or e-mail at


[Pa.B. Doc. No. 96-1447. Filed for public inspection August 30, 1996, 9:00 a.m.]

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