EAST ALLEN TWP., Pa. — A Northampton County industrial facility has been approved to transport hazardous waste via railcar through the Lehigh Valley.
Keystone Cement Co., off Route 987 just south of Bath, had its hazardous waste permit renewed in a May 7 notice issued by the state Department of Environmental Protection, DEP spokesman Neil Shader said.
The cement company burns hazardous waste as a fuel source for its kiln.
The permit, which remains in effect until May 7, 2035, is part of a regular process for industrial facilities dealing with hazardous waste. It occurs each decade after an initial permit is granted.
”Over the past few months, we have provided information and responses through various channels. At this time, we believe all relevant details have been shared.”Sergio Gutierrez, Keystone Cement Co.'s senior marketing manager
However, during its most recent renewal, Keystone officials successfully applied to haul hazardous waste via railcar by Norfolk Southern, in lieu of hauling bulk shipments in tanker trucks via roads and highways.
It’s been a point of contention for residents, who argue a derailment could cause negative consequences to the nearby Monocacy Creek and residents downstream.
However, company and DEP officials contend transportation by rail is far safer.
“Keystone Cement Company is strictly adhering to the process established by the Pennsylvania Department of Environmental Protection (PADEP) for permit evaluation,” Sergio Gutierrez, Keystone’s senior marketing manager, said in an email.
“Over the past few months, we have provided information and responses through various channels. At this time, we believe all relevant details have been shared.”
Asked when Keystone will begin transporting hazardous waste via rail, Gutierrez said, “there is no specific start date to announce at this time.”
‘50 times safer than by truck’
DEP officials in October held a hearing about the permit renewal at Nitschmann Middle School, 1002 W. Union Blvd., Bethlehem.
More than three dozen people expressed concerns at the hearing, with several invoking the February 2023 train derailment in East Palestine, Ohio, which Norfolk Southern agreed to a settlement for in April of last year.
Seventy-six residents submitted comments about the project, either during the hearing or submitted directly to officials, according to the DEP’s “Comment-Response Document” for the permit.
While the majority of the commenters identified themselves as “citizens” there were two comments from Monocacy Creek Watershed Association.
LehighValleyNews.com reached out to the association for comment.
“The department’s position on the renewal of the Hazardous Waste RCRA permit using the railcar delivery method is that there is no compliance, or other legitimate reason to disallow rail transport."Pa. Department of Environmental Protection
“The department’s position on the renewal of the Hazardous Waste RCRA permit using the railcar delivery method is that there is no compliance, or other legitimate reason to disallow rail transport,” according to the document.
“The regulatory requirements of the RCRA permit are limited to the Keystone Cement Company (KCC) permit area and do not extend to the [Norfolk Southern] rail lines.”
Officials said hauling hazardous materials by rail is “50 times safer than by truck,” citing data from the Federal Railroad Administration.
“The proposed changes being approved improve safety of the receipt of these materials by reducing tanker truck deliveries and add an additional protective layer of regulatory monitoring through the FRA,” officials said.
'Fully committed to complying'
Currently, 30,000 to 40,000 gallons of waste-derived fuel is delivered to the facility on a normal weekday, according to permit documents.
Under the approved permit, deliveries via rail car — which must be approved by the state Department of Transportation and hold 30,000 gallons or less — will arrive from the tracks parallel to Route 512 at the plant entrance.
Officials expect railcar deliveries will be limited to every few days from Monday to Friday, with a maximum of three rail cars per delivery.
The railcar facility will be fenced and monitored via a video surveillance system.
“Keystone remains fully committed to complying with all applicable regulations and will continue to follow the established process in close coordination with the relevant authorities,” Gutierrez said.
Keystone first was issued a hazardous waste management permit in December 1991, which included transporting hazardous waste by rail, officials noted. Its most recent permit expired in July 2019.
The DEP received a renewal application the previous August; the application was revised in June 2020 and December 2022.
Because Keystone deals with hazardous waste, it’s subject to The Resource Conservation and Recovery Act. Also known as RCRA and enacted in the mid-1970s, it’s a federal law governing the disposal of solid and hazardous waste.
The state DEP also publishes a “Hazardous Waste Regulation Compliance Guideline.”
Keystone also is subject to stringent National Pollutant Discharge Elimination System, or NPDES, regulations. An NPDES permit is required for any “point source discharge to waters” across the state, according to the DEP’s website.
Before the most recent permit was approved, the company was operating the facility under an administrative extension.
Keystone in 2023 was named one of the commonwealth’s top climate polluters with a history of concerns related to air pollution and hazardous waste risk.
For more information, go to the DEP’s website.
