Bethlehem Steel Corp. v. Commonwealth

Opinion by

President Judge Bowman,

On September 19,1972, petitioner, Bethlehem Steel Corporation (Bethlehem), applied to the Department of Environmental Resources (DER) for a variance pursuant to 25 Pa. Code §141.2 et seq. from regulations promulgated pursuant to the Air Pollution Control Act (APCA), Act of January 8, 1960, P.L. (1959) 2119, as amended, 35 P.S. §4001 et seq., relating to emissions from draw furnaces operated at its plant in Steelton, Dauphin County. 1 See 25 Pa. Code §123.41 et seq. The application stated specifically that the rate of emissions was, at that time, unknown. See…