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In re Pennsylvania General Energy Company

08/21/2014
Case Number:UIC Appeal Nos. 14-63, 14-64, 14-65
ELR Citation:47 ELR 41377

This matter involves three consolidated petitions for review of an Underground Injection Control (“UIC”) permit that U.S. Environmental Protection Agency Region 3 (“Region”) issued to Pennsylvania General Energy Company for a Class II injection well on March 19, 2014. The Board received petitions from the following individuals: Ms. Suzanne Watkins (UIC Appeal No. 14-63), Ms. Judy and Mr. Paul Wanchisn and Ms. Stacy and Mr. Mark Long (UIC Appeal No. 14-64) (“Wanchisn/Long Petition”), and Mr. William J. Woodcock III (UIC Appeal No. 14-65). Petitioners contend that the Region failed to respond adequately to public comments submitted regarding the permit and question whether the permit conditions are adequate to protect the groundwater aquifer.

Held: The Board denies all three petitions for review. The Board denies Mr. Woodcock’s petition for lack of standing. The Board finds that the Region provided thorough and well-reasoned responses during the public comment period to the questions and concerns raised in the Wanchisn/Long and Watkins petitions. The Board denies those petitions for failure to confront the Region’s responses and failure to demonstrate that the Region made a clear error of law or fact or abused its discretion in issuing the permit.