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Appeals court hears neighborhood challenge to DEP air permit for asphalt plant; dispute centers on odor, administrative comment scope and standing
Summary
An appeals panel heard May 8 from neighbors who object to a DEP‑approved air permit for a Bristol Asphalt plant, arguing the permit did not adequately resolve odor and related emissions concerns and asking for a remand to the agency for more testing.
Neighbors of a proposed asphalt batching plant argued May 8 that the Department of Environmental Protection’s issuance of a pre‑construction air permit did not adequately address odor and related emissions and that the administrative record lacks objective odor criteria. Appellants asked the Appeals Court to remand for a full evidentiary hearing at the agency.
Why it matters: The case raises how administrative permitting processes accommodate community odor concerns when the agency regulations do not set numeric odor thresholds, how DEP applies modeling and conditions, and who has standing to press an adjudicatory challenge when citizen petition rules require a minimum number of signatories.
Appel…
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