July 19, 2002

Joseph Feola, Regional Director
PA Department of Environmental Protection
Lee Park, Suite 6010
555 North Lane
Conshohocken, PA 19428

Dear Mr. Feola,

On July 12, 2002, an article appeared in the Pottstown Mercury telling us that Toro Energy backed out of the Pottstown Landfill gas pipeline project. We are very thankful this threat to so many children and our entire community has ended. However, there are several issues still unresolved.

Occidental is one of the worst polluters in our state. Oxy is surrounded by 25 schools and day care centers and 31,000 residents within two miles, with tens of thousands more residents downwind. Thousands of people work in the vicinity and the hospital is only ½ mile away.

Yet, your Southeast DEP office issued an air pollution permit to Occidental, one of the worst polluters in the state, for a HUGE INCREASE in HAZARDOUS AIR EMISSIONS, and a THREE FOLD INCREASE IN SULFUR EMISSIONS. Sulfur emissions are particularly dangerous around moisture. Occidental is surrounded on three sides by the Schuylkill River, and is less than one mile from the Limerick Nuclear steam.

Common sense and logic suggest DEP should have never permitted these increases. Now that the proposal is withdrawn, it is incumbent upon DEP to REVOKE or VOID Occidental’s PERMIT to increase HAZARDOUS air emissions and sulfur emissions. Occidental should not be permitted to use or sell hazardous air pollution credits, issued by DEP for the specific Toro proposal, which is now withdrawn.

Sam Morris, Occidental’s new plant manager, stated “All our permits will remain in place and we’ll continue to consider what options we have.” WHY? The proposal for which the air pollution increases were issued is withdrawn. The permits for that project should be void.

DEP and these two polluting industries have continued to try to sell this project by saying the landfill gas would burn cleaner in Occidental’s boilers than in flares. Ironically in a letter to DEP from Occidental, this company claimed its boilers would not be able to maintain the temperatures DEP was requiring of them to burn the landfill gas. Why was the permit issued? Why hasn’t DEP required these same temperatures of Waste Management to burn its gas? If DEP believes that burning landfill gas at higher temperatures is a safer technology, why hasn’t DEP required Waste Management to burn the gas at higher temperatures from the beginning? ACE believes it is imperative for DEP to require Waste Management to change its technology from flaring to the safest technology immediately. Our community needs and deserves nothing less.

We are relieved that this extremely hazardous, corrosive gas will remain on site at the landfill and that our community will not be subjected to the risks of hazardous leaks, fires, explosions, and liability of transporting Pottstown Landfill’s hazardous, unregulated, and ever changing gas. To be sure we do not face this risk again, we ask DEP to revoke or void Waste Management’s permit to allow its gas offsite. The proposal for which the permit was issued has been withdrawn. Waste Management’s permit should also be withdrawn.

Please inform us in writing when the permits to Occidental and Waste Management for the Toro proposal have been revoked, voided, or withdrawn.

Sincerely,
Dr. Lewis Cuthbert
President, ACE

Cc:
Senator Specter
Senator Santorum
Congressman Hoeffel
Congressman Holden
Governor Schweiker
Senator Kasunic
Senator O’Pake
Senator Costa
Senator Gerlach
Representative Dailey
Representative Hennessey
Montgomery County Commissioners
Montgomery County Planning Commission
Pottstown Council
Mayor Nancy Jones
Upper Pottsgrove Commissioners
Lower Pottsgrove Commissioners
DEP Secretary Hess