Environmental Hearing Board Appeal

On September 10, 2003 the PA Department of Environmental Protection (DEP) approved an air pollution permit (Plan Approval No. 22-05007A) for a new incinerator. The DEP does not consider it a new incinerator, but a modification of the existing facility.

On October 10, 2003 citizens filed an appeal with the Environmental Hearing Board, with two objections:

"(1) The Department issued the permit without making any investigation regarding possible violations of the Civil Rights Act of 1964, Title VI, Section 601, 42 U.S.C. 2000d as it is required to do. The Department is the recipient of federal financial resources from the United States Environmental Protection Agency (EPA), which requires the Department to prevent racial discrimination.

"(2) In granting the permit, the Department failed to give any consideration to the emissions of PM2.5 and the amount of PM2.5 in the ambient air."

On October 25, 2003 the Patriot-News reported that the city was changing it's plan from two 400 tpd units to three smaller units. According to the cover letter of the permit, this would require the permitting process to start over again, which we hope would mean another round of public meetings.

We are looking into what this will mean for the appeal - whether it continues forward or becomes moot.

PA Waste Industries Assoc.'s appeal of the Dauphin County Waste Plan.