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PA Bulletin, Doc. No. 05-172



Hazardous Waste Facilities Plan Adoption

[35 Pa.B. 611]

   At its October 19, 2004, meeting, the Environmental Quality Board (Board) adopted an update to the Hazardous Waste Facilities Plan (Plan). The update is necessary to satisfy the requirements of the Solid Waste Management Act (act) (35 P. S. §§ 6018.101--6018.1003) to provide for the future planning and regulation of hazardous waste in this Commonwealth. Plan updates must be developed as necessary, but not less than every 5 years. The first Plan was developed in 1986, followed by updates in 1992 and 1998. This Plan is the third update and replaces the last version dated 1998.

   The objective of the Plan is to determine whether additional treatment and disposal capacity is needed in this Commonwealth to properly manage hazardous waste generated in the State. The Plan is required to address criteria and standards for the siting of hazardous waste treatment and disposal facilities; sources of hazardous waste concentration and current hazardous waste practices; future hazardous waste facility needs; and source reduction. The Plan also plays a role in the establishment of new hazardous waste management facilities in this Commonwealth if a Certificate of Public Necessity (CPN) is required. The Board is empowered by the act to issue a CPN, which overrides zoning and other local restrictions.

   The draft of the Plan was approved by the Board for public comment on April 20, 2004. Notice of its availability was published at 34 Pa.B. 2514 (May 8, 2004), with provisions for a 60-day public comment period, one public meeting and one public hearing. The Board did not receive any comments on the Plan during the public comment period.

   In the Plan, the Department of Environmental Protection (Department) documents that the amount of hazardous waste sent to commercial management facilities from generators in this Commonwealth has continued to steadily decline over the last decade. In addition, the Department contends that adequate technology exists to reduce or eliminate hazardous waste generation and that hazardous waste generators have adequate access to commercial recovery, treatment and disposal facilities. The Department concludes in the Plan that the issuance of a CPN is not necessary to provide additional hazardous waste management options to generators in this Commonwealth since that issuance would be contrary to the goal of eliminating hazardous waste generation in this Commonwealth.

Availability of the Plan

   The final Plan is available on the Department's website at pdf and may also be obtained by contacting Thomas Hyatt, Division of Waste Minimization and Planning, Bureau of Land Recycling and Waste Management, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7382 or


[Pa.B. Doc. No. 05-172. Filed for public inspection January 21, 2005, 9:00 a.m.]

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