Air quality plan approval is required for the applicant to commence construction of an air contamination source and may allow for temporary operation. A plan approval is not the same as an operating permit, which is required for long-term operation. Publication of a draft air quality plan approval and notice of intent signals that DEP has performed its evaluation of the application and begins the regulatory public participation process.
On October 9, 2019, DEP received an air quality plan approval application on behalf of Westmoreland Sanitary Landfill for a proposed leachate evaporation system at the facility. On November 5, 2019, DEP accepted this application as administratively complete.
On May 9, 2020, DEP issued a draft air quality plan approval.
In response to public comments received, DEP has requested additional information from Westmoreland Sanitary Landfill. On July 2, 2020, DEP sent a letter to Westmoreland Sanitary Landfill requesting additional information. If Westmoreland Sanitary Landfill’s responses satisfied all deficiencies, DEP committed to develop a revised draft plan approval and review memo, republish public notice, provide for an additional public comment period, and hold a public hearing. Westmoreland Sanitary Landfill responded on August 31, 2020 and with additional information on September 23, 2020.
On November 13, 2020, DEP sent Westmoreland Sanitary Landfill a second letter requesting additional information. Westmoreland Sanitary Landfill responded on February 4, 2021.
On May 7, 2021, DEP sent Westmoreland Sanitary Landfill a third letter requesting additional information. On July 2, 2021, Westmoreland Sanitary Landfill requested an extension to respond to DEP’s deficiency letter. On July 20, 2021, DEP granted the extension to respond until September 2, 2021
On June 25, 2021, Westmoreland Sanitary Landfill submitted air dispersion modeling protocol to DEP.
On July 15, 2021, DEP provided comments on the submitted air dispersion modeling protocol for the proposed installation of the leachate evaporator at Westmoreland Sanitary Landfill.
On August 11, 2021, Westmoreland Sanitary Landfill submitted revised air dispersion modeling protocol to DEP. In coordination with DEP’s Southwest Regional Office and Bureau of Radiation Protection, DEP’s Air Quality Modeling Section reviewed the revised air dispersion modeling protocol for estimating ambient air concentrations of radionuclides due to the installation of the proposed leachate evaporator at Westmoreland Sanitary Landfill. DEP concurs with the proposed data, methods, and calculations to be used with the air dispersion modeling, as described in the protocol and will review the analysis when it is submitted.
On October 1, 2021, Westmoreland Sanitary Landfill submitted additional information. On October 29, 2021, DEP’s air quality modeling section provided comments on Westmoreland Sanitary Landfill’s air dispersion modeling. On November 30, 2021, Westmoreland Sanitary Landfill responded to DEP’s letter.
On July 23, 2022, DEP noticed draft air quality plan approval [65-00767C] to allow the construction and initial temporary operation of a leachate evaporation system.
On January 8, 2024, DEP issued the plan approval [65-00767C].
Public Participation
Public Notice on DEP’s proposed air quality plan approval was published in the July 23, 2020 edition of the
Pennsylvania Bulletin, which began a public comment period.
More info (begins on page 4166).
Due to a publishing error in the Mon Valley Independent, DEP has extended the comment period until through Friday, September 19, 2022.
Newspaper notices (PDF)
DEP accepted comments and held two public hearings – in person on Wednesday, August 31, 2022 and virtually on Thursday, September 1, 2022 – to receive comments on the draft plan approval.
DEP provided an information sheet at the public hearings to provide background on the proposal and DEP’s review.
On June 17, 2020, Westmoreland Sanitary Landfill submitted a Title V Permit Renewal Application (TV-PA-65-00767). DEP determined the application administratively incomplete.
On June 25, 2020, Westmoreland Sanitary Landfill responded to DEP’s administrative incompleteness determination with updates to its application.
On June 30, 2015, DEP approved the transfer of the landfill’s general permit from Tervita LLC to Westmoreland Sanitary Landfill, LLC.
Since the transfer in ownership, DEP authorized a statewide NPDES general permit for stormwater discharges associated with industrial activity (PAG-03) which went into effect on September 24, 2016. The PAG-03 is renewed every five years and expires on September 23, 2021. Coverage under the PAG-03 serves as the existing permit for the facility and coverage under it is automatically extended. Landfills are covered by Appendix C.
More information on the PAG-03 General Permit can be found on DEP’s webpage on industrial stormwater.
On February 19, 2020, Westmoreland Sanitary Landfill submitted a minor permit modification application “to identify leachate evaporation as the primary method of disposal and offsite trucking as an interim and emergency method of disposal” of leachate for Westmoreland Sanitary Landfill, LLC located in Rostraver Township, Westmoreland County.
On April 14, 2020, DEP sent a letter to Westmoreland Sanitary Landfill outlining technical deficiencies with the landfill’s request for minor modification for its Leachate Management Plan. Westmoreland Sanitary Landfill responded on June 10, 2020.
On July 17, 2020, DEP sent a letter outlining remaining technical deficiencies with Westmoreland Sanitary Landfill’s application. On August 16, 2020, Westmoreland Sanitary Landfill responded to DEP’s letter.
On August 28, 2020, DEP sent a third letter outlining technical deficiencies with Westmoreland Sanitary Landfill’s application and subsequent responses. On September 10, 2020, Westmoreland Sanitary Landfill responded to DEP’s letter.
On September 11, 2020 following DEP’s review of the proposed financial assurance cost estimates, DEP sent Westmoreland Sanitary Landfill a letter with the total bond liability associated with this permit and calculated the bond worksheets. DEP approved surety bonds and additional bond endorsements on December 17, 2020 and February 5, 2021.
On May 29, 2021, Westmoreland Sanitary Landfill submitted a minor permit modification application to update Pollution Prevention Control (PPC), Spill Prevention, Control and Countermeasure (SPCC), and Form 14 - Operation Plans.
On September 27, 2021, DEP issued the minor modification of Solid Waste Permit No. 100277 authorizing revisions to the Contingency Plan for Emergency Procedures and the Operation Plan.
On May 13, 2022, Westmoreland Sanitary Landfill submitted a minor permit modification application to construct a new approximate 0.3-mile roadway from the scale area to a new access onto Tyrol Boulevard located to the north of the existing entrance area. This proposed longer road is intended to limit the mud tracking onto Tyrol Boulevard by improving the truck queuing and allowing soil to separate from vehicles as they drive out from the site. Once constructed, the proposed entrance area would be the only entrance and exit utilized at the site.
On June 1, 2022, DEP determined the application to be administratively complete and is now conducting a technical review of the application.