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PA Bulletin, Doc. No. 09-815



Acceptance of Rulemaking Petitions for Study

[39 Pa.B. 2272]
[Saturday, May 2, 2009]

   On April 21, 2009, the Environmental Quality Board (EQB) accepted two rulemaking petitions for study under 25 Pa. Code Chapter 23 (relating to Environmental Quality Board policy for processing petitions--statement of policy). The first petition, submitted by Bushkill Township, Northampton County, requests the redesignation of Sobers Run (main stem, east and west branch) from High Quality-Cold Water Fishes (HQ-CWF) to Exceptional Value (EV). Under 25 Pa. Code § 93.4d (relating to processing of petitions, evaluations and assessments to change a designated use), the Department of Environmental Protection (Department) is required to publish a notice of intent to assess candidate waters. The Department's assessment notice for Sobers Run will appear in a future issue of the Pennsylvania Bulletin.

   The second petition, submitted by Waste Management Disposal Services of Pennsylvania, Inc., requests the amendment of 25 Pa. Code Chapter 261a (relating to identification and listing of hazardous waste) to increase the annual volume of filter cake that the petitioner may dispose of in a Subtitle D landfill. Currently, the petitioner's existing exclusion allows up to an annual volume of 2,000 cubic yards of filter cake to be disposed. The filter cake results from the treatment of a multisource hazardous waste leachate generated at a closed portion of the petitioner's Morrisville landfill. The petitioner is requesting that an amendment to increase the annual volume limit in its existing exclusion be amended from 2,000 cubic yards to 4,000 cubic yards. Under 25 Pa. Code § 23.6(1) (relating to notice of acceptance and Department report), the Department will prepare a report evaluating the petition. The Department's report will include a recommendation on whether the EQB should approve the action requested in the petition. If the Department's recommendation is to change a regulation, the report will specify the anticipated date that the EQB will consider a proposed rulemaking. The report must be completed within 60 days from the date the petition was accepted by the EQB. If the report cannot be completed within the 60-day time period, at the next EQB meeting, the Department will state how much additional time is necessary to complete the report.

   The previously-referenced petitions are available to the public by contacting the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, and are accessible on the Department's web site at (DEP Keywords: ''EQB'' (''EQB Meeting/Agendas/Handouts/Minutes; April 21, 2009'')).


[Pa.B. Doc. No. 09-815. Filed for public inspection May 1, 2009, 9:00 a.m.]

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