PROPOSED RULEMAKING
[25 PA. CODE CHS. 260a--265a AND 270a]
Hazardous Waste Management
[31 Pa.B. 6814] The Environmental Quality Board (Board) proposes to amend Chapters 260a--265a and 270a to update the hazardous waste management program. These amendments are proposed to read as set forth in Annex A.
This proposal was adopted by the Board at its meeting of October 16, 2001.
A. Effective Date
These proposed amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information contact Rick Shipman, Division of Hazardous Waste Management, P. O. Box 8471, Rachel Carson State Office Building, Harrisburg, PA 17105-8471, (717) 787-6239; or Kurt Klapkowski, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments to the proposed rulemaking appears in Section I. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). The proposed amendments are available electronically through the Department of Environmental Protection's (Department) website (http://www.dep.state.pa.us).
C. Statutory Authority
The proposed rulemaking is being made under the authority of sections 105, 401--403 and 501 of the Solid Waste Management Act (SWMA) (35 P. S. §§ 6018.105, 6018.401--6018.403 and 6018.501); sections 105, 402 and 501 of The Clean Streams Law (35 P. S. §§ 691.105, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20). Under sections 105, 401--403 and 501 of the SWMA, the Board has the power and duty to adopt rules and regulations concerning the storage, treatment, disposal and transportation of hazardous waste that are necessary to protect the public's health, safety and welfare, and the environment of this Commonwealth. Sections 105, 402 and 501 of The Clean Streams Law grant the Board the authority to adopt regulations that are necessary to protect the waters of this Commonwealth from pollution. Section 1920-A of The Administrative Code of 1929 grants the Board the authority to promulgate rules and regulations that are necessary for the proper work of the Department.
D. Background and Purpose
The hazardous waste management regulations were amended at 29 Pa.B. 2367 (May 1, 1999) in accordance with the Regulatory Basics Initiative (RBI) and Executive Order 1996-1. Since that time, the Commonwealth's hazardous waste management program received final authorization for changes made to its hazardous waste program under the Resource Conservation and Recovery Act from the United States Environmental Protection Agency (EPA) (65 CFR 57734). This proposed rulemaking provides the opportunity to make any changes necessary to update that program authorization.
In addition, the Department now has over 2 years experience implementing these regulations. Several of the changes contained in this proposed rulemaking were developed to address issues raised since the RBI rulemaking and correct problems identified over the past 2 years.
E. Summary of Regulatory Requirements
The proposed amendments generally fall into one of five categories: codification of a SWMA requirement that is different than or broader than the Federal requirements incorporated by reference; restoration of a regulatory provision that was deleted in the RBI rulemaking; clarification of an ambiguous requirement; clarification of a manifesting requirement; and correction of a typographical error. The specific changes in these categories are summarized as follows.
1. Codification of a statutory requirement.
The Department has a general policy not to duplicate statutory definitions or provisions in regulations unless a compelling reason exists to do so. The hazardous waste regulations contain provisions that incorporate by reference large portions of the Federal hazardous waste regulations. The controlling statutory authority in the Commonwealth is the SWMA. However, when the SWMA and the Federal regulations touch on the same subject, the SWMA governs that subject in this Commonwealth. As a result, the Commonwealth hazardous waste regulations contain some provisions that duplicate SWMA requirements where the Federal regulations vary from the commands of the SWMA. In addition, there are some subjects that the SWMA explicitly regulates, and on which the Federal regulations are silent. The proposed rulemaking duplicates SWMA provisions in two instances. This duplication is necessary to eliminate confusion over the incorporation by reference of contradictory Federal regulations and to establish requirements when the Federal regulations are silent. The first is in § 260a.10 (relating to definitions) where the proposed rulemaking adds the definition of ''treatment.'' The term has different definitions in section 103 of the SWMA (35 P. S. § 6018.103) and 40 CFR 260.10 (relating to definitions). Although the substance of the two definitions is very similar, the actual wording is different, primarily in terms of word order. The proposed definition follows the SWMA language.
The second is in § 263a.13(b)(4) and (j) (relating to licensing). In accordance with section 403(b) of the SWMA, the proposed rulemaking adds the requirement that a transporter of hazardous waste prepare and carry a preparedness, prevention and contingency (PPC) plan to address potential discharges or spills of hazardous waste. The incorporated Federal regulations do not contain that requirement.
2. Restoration of provisions that were deleted in the May 1999 RBI rulemaking.
Several of the changes in the proposed rulemaking reinstate requirements that were part of the Commonwealth hazardous waste program prior to the May 1999 RBI rulemaking. Because of the general approach of broadly incorporating the Federal hazardous waste regulations by reference, some existing regulations that helped to clarify how the program operates were inadvertently deleted. Generally speaking, these requirements remain in effect based on the requirements of the SWMA and the Department's interpretation of the hazardous waste regulations. Having them reinstated in the regulations serves to clarify the Department's approach to the hazardous waste program and inform the regulated community of proper compliance methods. In several cases, the regulated community and regional Department staff have noted the problems caused by the absence of these long-standing provisions.
An example of this category of changes is in § 261a.3 (relating to definition of ''hazardous waste''). The proposed amendments reinstate the requirement to manage waste as hazardous until waste determination is completed. The requirement for generators of solid waste to make a determination as to whether or not the waste is hazardous is found at 40 CFR 262.11 (relating to hazardous waste generation). It is silent, however, on the issue of management of the waste until the determination is complete. Reinstating this requirement in the regulation establishes a firm position to what would otherwise be an ambiguous provision in the regulations.
There have been many inquiries from the regulated community and questions from Department personnel about when spills must be reported. The proposed § 262a.43 (relating to additional reporting) reestablishes the conditions, amounts, standards and procedures for reporting spills and discharges of hazardous waste and hazardous materials. This section also restores the provision that a Department official may authorize immediate removal of spilled hazardous wastes or materials if necessary to protect the health and safety of the public and the environment.
Reinstating the following provisions accomplishes similar goals: § 262a.11 (relating to hazardous waste determination) clarifies that the Department retains the independent authority to make a waste determination; § 262a.12(b)(1)(iv) (relating to EPA identification numbers) requires subsequent notification when a generator's facility class changes; § 262a.12(b)(2) explicitly states that a generator is only allowed to offer hazardous waste to a Department-licensed transporter; § 263a.13(j) requires a copy of the contingency plan to be on a hazardous waste transport vehicle; § 263a.26(c) (relating to assessment of penalties) notes that the penalty for falsification is a minimum of $1,000 (rather than a flat $1,000); § 265a.13 (relating to general and generic waste analysis) clarifies that the report that must be submitted is a ''Module 1'' report; and § 270a.60(a) (relating to permits by rule) notes that an owner or operator must give notice to the Department prior to operating under a permit by rule.
3. Clarification of ambiguous requirements.
The third broad category of proposed amendments addresses ambiguous requirements identified during the implementation of the RBI regulations over the past 2 years. These changes do not, however, have pre-RBI counterparts that the Department can reinstate in the proposed amendments.
Several of the proposed amendments in this category relate to containment and contingency plans. Section 403(b) of the SWMA states:
(b) It shall be unlawful for any person or municipality who generates, transports, stores, treats or disposes of hazardous waste to fail to:* * * * * (10) Develop and implement contingency plans for effective action to minimize and abate hazards from any treatment, storage, transportation or disposal of any hazardous waste.(11) Maintain such operation, train personnel, and assure financial responsibility for such storage, treatment or disposal operations to prevent adverse effects to the public health, safety and welfare and to the environment and to prevent public nuisances.(12) Immediately notify the department and the affected municipality or municipalities of any spill or accidental discharge of such waste in accordance with a contingency plan approved by the department and take immediate steps to contain and clean up the spill or discharge.The Department has received several inquiries from regulated entities regarding compliance with these requirements. Therefore, this proposed rulemaking contains new language that clarifies how a person can comply with the containment and contingency plan requirements of the SWMA.
First, proposed § 262a.34 (relating to accumulation time) requires secondary containment for generator storage of hazardous waste in containers. Second, § 263a.12 (relating to transfer facility requirements) adds proposed requirements for secondary containment and PPC plan preparation for hazardous waste transfer facilities. The proposed amendments accomplish this through reference to § 263a.13(b)(4).
The proposed amendment to § 264a.97 (relating to general groundwater monitoring requirements) specifies the frequency of the analyses required by that section. The proposed amendment eliminates setback requirements contained in § 264a.173(2) (relating to management of containers) for reactive or ignitable waste. This provision, which is not mandated, created an arbitrary distance requirement where safe management could allow a closer storage distance, and duplicated certain fire safety requirements (For example, see 37 Pa. Code § 13.1 (relating to relative location to property)).
The proposed rulemaking deletes § 265a.175 (relating to containment and collection system). This section is redundant since the Federal containment and collection system requirements are already incorporated by reference for interim status facilities in § 265a.179 (relating to containment).
The proposed rulemaking adjusts the fee schedule for permit modifications by amending § 270a.3 (relating to payment of fees). The amendment is proposed because Class 2 permit modifications are generally much less complex than Class 3 modifications, which demand less time and resources from the Department for review. Appendix I to 40 CFR 270.42 (relating to permit modification at the request of the permittee) contains tables classifying the various types of permit modifications as Class 1, 2 or 3. These tables are incorporated by reference in § 270a.1(a) (relating to incorporation by reference, scope and applicability).
Proposed amendments to § 270a.51 (relating to continuation of existing permits) clarify when an expired permit continues in effect. This language is needed since the Federal counterpart in 40 CFR 270.51 (relating to continuation of expired permits) explicitly applies only to permits issued by the EPA. The proposed amendment matches the Federal regulation and will clarify this issue.
The proposed amendments to § 270a.60 eliminate the application of siting criteria for permit-by-rule facilities. These proposed amendments are contained in § 270a.60(b)(2)(ii), (3)(ii), (4)(ii) and (5)(ii). Permits-by- rule are generally intended to assure proper management of hazardous waste without causing overly burdensome regulation. If an issue arises regarding siting of a particular permit-by-rule facility, the Department retains the authority in § 270a.60(a) to require an owner or operator to obtain an individual permit for the facility. Under § 264a.18 (relating to location standards), the siting criteria would apply to that permit.
Finally, the proposed rulemaking eliminates the separate exceptions to the ''blanket substitution of terms'' contained in §§ 262a.55, 262a.56 and 262a.57 (relating to exception report; annual reports; and recordkeeping) by deleting those sections and replacing them with a new § 262a.50 (relating to applicability) that contains the ''blanket exclusion of terms.''
4. Manifest completion requirements or clarifications.
The fourth category of changes in the proposed rulemaking are changes addressing the administration of the manifest program for tracking the movement of hazardous waste in this Commonwealth. This series of proposed amendments is designed to clarify ambiguous requirements for all parties involved, streamline the manifesting process and ensure that the Department receives proper notification in a timely fashion.
First, the proposed change to § 262a.20(1) (relating to general requirements) clarifies that a generator does not need to send a generator copy of the manifest to the Department unless specifically required to do so. Section 262a.21 (relating to acquisition of manifests) requires Commonwealth generators of hazardous waste to use a Commonwealth manifest if the destination state for the hazardous waste does not require use of a manifest. This proposed amendment is important for tracking the waste while it remains within this Commonwealth. Several amendments are proposed to § 262a.23 (relating to use of the manifest). These proposed amendments require legible information on the manifest, clarify submission requirements for Commonwealth generators when the destination facility is out-of-State and prohibit alteration of the Manifest Tracking Number.
The proposed amendment to § 263a.12(4) clarifies the responsibilities of hazardous waste transporters when a shipment is transferred from one transporter to another at a transfer facility. This is another proposed amendment identified by Department staff as necessary to implement the hazardous waste program.
The proposed amendments to § 263a.20 (relating to manifest system) give specific manifest handling guidance to subsequent transporters of hazardous waste. The proposed amendment to § 263a.21 (relating to compliance with the manifest) requires a transporter to accept only complete manifests from a hazardous waste generator and prohibits alteration of the Manifest Tracking Number. Finally, the proposed amendment to § 264a.71 (relating to use of the manifest system) requires use of a Commonwealth manifest, accounts for bulk shipment discrepancies and requires legible information by a permitted facility; the proposed amendment to § 265a.71 (relating to use of the manifest system) contains the same requirements for an interim status facility.
5. Typographical errors
Several sections of the May 1999 RBI rulemaking contained minor typographical errors or omissions. Rather than submit a separate rulemaking for minor corrections, the Department decided to wait to make these minor changes until a broader rulemaking package was developed to update the hazardous waste program. These errors or omissions are corrected by this proposed rulemaking. The proposed rulemaking contains corrections to §§ 263a.24(b), 264a.83(a)(2) and (3), 270a.42, 270a.60(b)(1)(iv) and (5), 270a.62, 270a.66, 270a.81 and 270a.83.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed rulemaking.
Benefits
The proposed amendments will clarify some ambiguous provisions, eliminate redundant provisions and eliminate typographical errors. The proposed amendments will also provide a basis to solicit formal comment from the EPA for changes required for approval of the regulations in an update application for State authorization of the hazardous waste program.
Compliance Costs
The proposed amendments are clarifications and corrections; there are no new requirements being proposed. As a result, there are no additional costs imposed. In some cases, such as the clarification that certain manifest copies do not need to be submitted to the Department, there may be cost savings to the regulated community.
Compliance Assistance Plan
As with previous hazardous waste management regulations, the Department's compliance assistance efforts will take three forms. Following promulgation as final-form rulemaking, the Department will prepare a fact sheet specifically addressing certain changes made by the proposed amendments. The Department will also continue to work with the regulated community to explain impacts from the proposed rulemaking and necessary operational changes to remain in compliance. Information concerning these proposed amendments and necessary technical guidance documents will also be available on the Department's website.
Paperwork Requirements
The proposed amendments will result in a net reduction in paperwork requirements because the clarifying provision included states that a hazardous waste generator is no longer required to submit generator copies of manifests to the Department. Other proposed amendments do not affect paperwork requirements.
G. Sunset Review
The proposed rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 29, 2001, the Department submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed rulemaking, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed rulemaking to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of objections raised.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17105-2301). Comments received by facsimile will not be accepted. Comments, suggestions or objections must be received by January 14, 2002. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by January 14, 2002. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@state.pa.us. A subject heading of the proposal shall be included in each transmission. Comments submitted electronically shall be received by the Board by January 14, 2002.
DAVID E. HESS,
ChairpersonFiscal Note: 7-364. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VII. HAZARDOUS WASTE MANAGEMENT
CHAPTER 260a. HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
Subchapter B. DEFINITIONS § 260a.10. Definitions.
A term defined in this section replaces the definition of the term in 40 CFR 260.10, or, in situations for which no term exists in 40 CFR 260.10, the term shall be defined in accordance with this section. The substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporated definition of ''EPA region,'' ''State,'' ''United States,'' ''Administrator'' and ''Regional Administrator.''
* * * * * Treatment--A method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of waste to neutralize the waste or to render the waste nonhazardous, safer for transport, suitable for recovery, suitable for storage, or reduced in volume. The term includes an activity or processing designed to change the physical form or chemical composition of waste to render it neutral or nonhazardous.
CHAPTER 261a. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subchapter A. GENERAL § 261a.3. Definition of ''hazardous waste.''
(a) 40 CFR 261.3(c)(2)(ii)(C) (relating to certain non-wastewater residues such as slag resulting from HTMR processing of K061, K062 or F006 waste) is not incorporated by reference.
(b) In addition to the requirements incorporated by reference, when it is not immediately possible to determine if a material will be a hazardous waste, the material shall be managed as a hazardous waste until the determination is made that indicates it is not a hazardous waste.
§ 261a.5. Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
* * * * * (b) In addition to the requirements incorporated by reference, a conditionally exempt small quantity generator may not dispose of hazardous waste in a municipal or residual waste landfill in this Commonwealth.
* * * * *
CHAPTER 262a. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
Subchapter A. GENERAL § 262a.11. Hazardous waste determination.
In addition to the requirements incorporated by reference, a determination that a waste is not hazardous under 40 CFR 262.11 (relating to hazardous waste determination) does not preclude the Department from determining the waste to be hazardous, using the characteristics and testing methods set forth in 40 CFR Part 261 (relating to identification and listing of hazardous waste).
§ 262a.12. EPA identification numbers.
* * * * * (b) In addition to the requirements incorporated by reference[,]:
[(a)] (1) A generator shall submit a subsequent notification to the Department if:
[(1)] (i) * * *
[(2)] (ii) * * *
[(3)] (iii) * * *
[(4)] (iv) The type of regulated activity that takes place at the generator facility changes, or the generator's facility class changes.
(2) A generator shall offer a shipment of hazardous waste only to a transporter with a valid license issued by the Department.
Subchapter B. MANIFEST § 262a.20. General requirements.
40 CFR 262.20[(a)--] (b) and (c) (relating to general requirements) is not incorporated by reference. In addition to the requirements incorporated by reference, a generator shall:
(1) Complete the manifest form in its entirety and distribute manifest copies in accordance with the instructions [included with] for the manifest[.], except that generators need not submit copies of manifests to the Department unless required by § 262a.23(a)(2) (relating to use of the manifest).
* * * * * § 262a.21. Acquisition of manifests.
(a) The substitution of terms in § 260a.3(a)(5) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 262.21 (relating to acquisition of manifests).
(b) In addition to the requirements incorporated by reference, a generator shipping hazardous waste to a facility in a state that does not require use of its own state manifest shall use the Department's manifest.
§ 262a.23. Use of the manifest.
(a) In addition to the requirements incorporated by reference:
(1) The generator shall print or type his name and enter the date of shipment in the designated space on the manifest.
(2) If the out-of-state manifest does not include a generator-state [copies which would] copy to be submitted to the Department by the out-of-State designated facility, the generator shall submit [copies] a complete, legible copy, such as [photocopies] a photocopy, of the manifest as signed by the generator [and first transporter], all transporters and [as signed upon receipt by] the designated facility. This copy shall be sent within 10 days of the generator's receipt of its signed copy from the designated facility.
(3) The generator shall obtain the printed or typed name of the transporter on the manifest.
(4) A generator may not use a hazardous waste manifest which has a preprinted Manifest Document Number or Manifest Tracking Number that has been altered by anyone other than the printer of the manifest.
* * * * *
Subchapter C. PRETRANSPORT REQUIREMENTS § 262a.34. Accumulation time.
In addition to the requirements incorporated by reference, a generator who accumulates hazardous waste onsite as specified in 40 CFR 262.34(a)(1)(i) (relating to accumulation time) shall also comply with Chapter 265a, Subchapter I (relating to use and management of containers).
Subchapter D. RECORDKEEPING AND REPORTING § 262a.43. Additional reporting.
In addition to the requirements incorporated by reference:
(1) Spills and discharges which are in amounts less than the reportable quantities, which do not result in discharges into surface or groundwater, and which are managed according to an approved contingency plan, need not be reported. The reportable quantities of the hazardous materials spilled or discharged onsite are set forth in Table 1. For any material with more than one hazard code, the most stringent reportable quantity applies. A discharge or spill into surface water or groundwater shall be reported regardless of quantity spilled or discharged.
TABLE 1
Hazard Codes
Physical Form Unit H T I, C, R and E Liquids* Gal 5 5 10 Solid Lbs 10 100 1,000 *Liquids are flowable substances which contain less than 20% solids by dry weight. Flowable refers to flow in the sense of pourable as a liquid.
(2) In the event of a discharge or spill equal to or greater than the reportable quantity of hazardous material, the generator shall take appropriate immediate action to protect the health and safety of the public and the environment and immediately notify the Department by telephone at (800) 541-2050 with the following information:
(i) The name of the person reporting the spill.
(ii) The name and identification number of the generator.
(iii) The phone number where the person reporting the spill can be reached.
(iv) The date, time and location of the spill.
(v) A brief description of the incident.
(vi) For each material involved in the spill:
(A) The shipping name, hazard class and U.N. Number.
(B) The estimated quantity of material spilled.
(vii) The extent of contamination of land, water or air, if known.
(3) If a discharge or spill of hazardous material occurs during onsite unloading, loading, storage or plan operation, and a Departmental official acting within the scope of his official responsibilities determines that immediate removal of the material is necessary to protect the health and safety of the public and the environment, that official may authorize in writing the removal of the material by transporters who do not have identification numbers or license and without the preparation of a manifest.
(4) A generator shall clean up a hazardous material discharge or spill that occurs during onsite unloading, loading, storage or plan operation, and take actions that may be required or approved by the Department so that the discharge or spill no longer presents a hazard to the health and safety of the public or environment.
(5) In addition, the generator shall file a written report on a reportable hazardous material discharge or spill with the Department within 15 days after the incident, and supply the Department with other information it may require or request that pertains to the discharge. The report on the hazardous material spill or discharge shall be entitled ''Hazardous Waste Spill Report'' and shall contain the following information:
(i) The name, address and identification number of the generator and the date, time and location of the incident.
(ii) A brief description of the circumstances causing the incident.
(iii) A description of each of the hazardous materials involved in the incident, including the estimated quantity spilled by weight or volume.
(iv) A legible copy of the manifest document, if applicable.
(v) A description of a contamination of land, water or air that has occurred due to the incident.
(vi) A description of the actions the generator intends to take to prevent a similar occurrence in the future.
Subchapter E. EXPORTS OF HAZARDOUS WASTE § 262a.50. Applicability.
Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262, Subpart E (relating to exports of hazardous waste).
§ 262a.55. [Exception report] (Reserved).
[Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262, Subpart E (relating to exports of hazardous waste).]
§ 262a.56. [Annual reports] (Reserved).
[Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262 (relating to standards applicable to generators of hazardous waste).]
§ 262a.57. [Recordkeeping] (Reserved).
[Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Part 262 (relating to standards applicable to generators of hazardous waste).]
CHAPTER 263a. TRANSPORTERS OF HAZARDOUS WASTE
Subchapter A. GENERAL § 263a.12. Transfer facility requirements.
In addition to the requirements incorporated by reference:
(1) A transporter storing hazardous waste at a transfer facility for periods of not more than 10 days but greater than 3 days shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan as required by § 263a.13(b)(4) (relating to licensing). This plan shall be submitted under section 403(b)(10) of the act (35 P. S. § 6018.403(b)(10)) and approved in writing by the Department prior to the initiation of the storage.
(2) A transporter transferring hazardous waste from one vehicle to another at a transfer facility shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan as required by § 263a.13(b)(4). This plan shall be submitted under section 403(b)(10) of the act and shall be approved in writing by the Department.
(3) A transporter transferring hazardous waste from one transport vehicle to another, or from a transport vehicle to a loading dock or other area for temporary off-vehicle intransit storage shall do so only in areas protected by secondary containment.
(4) A transporter delivering hazardous waste to another transporter at a transfer facility shall do the following:
(i) Obtain the printed or typed name and signature of the subsequent transporter and the date of the transfer in the designated location on the manifest.
(ii) If the subsequent transporter is not present at the transfer facility while the delivering transporter is at the transfer facility, obtain the location address of the transfer facility, the printed or typed name and signature of the transfer facility operator, and the date of delivery to the transfer facility, assuring the information is entered in Item 15 of the manifest.
(iii) If neither the subsequent transporter nor a representative of the transfer facility is present, enter the location address of the transfer facility, his printed or typed name and signature, and the date of delivery to the transfer facility in Item 15 of the manifest.
(iv) Assure all the information required by subparagraphs (i)--(iii) is legible on remaining copies of the manifest.
§ 263a.13. Licensing.
(a) Except as otherwise provided in subsection (b), § 263a.30, § 261a.5[(d)] (c), § 266a.70(1) or § 266b.50, a person or municipality may not transport hazardous waste within this Commonwealth without first obtaining a license from the Department.
(b) A person or municipality desiring to obtain a license to transport hazardous waste within this Commonwealth shall:
* * * * * (4) In accordance with the Department's guidelines for contingency plans, submit a transporter contingency plan for effective action to minimize and abate discharges or spills of hazardous waste from an incident while transporting hazardous waste.
(5) ***
* * * * * (j) A copy of the transporter contingency plan approved at licensure or approved as amended shall be carried on the transport vehicle while transporting hazardous waste.
Subchapter B. COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING § 263a.20. Manifest system.
[(1)] (a) Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply in 40 CFR 263.20 (relating to manifest system), as incorporated by reference into this chapter.
[(2)] (b) In addition to the requirements incorporated by reference[, a]:
(1) A transporter shall print or type [his] the transporter's name.
(2) The second and any subsequent highway transporter shall print or type their name, and sign and date the manifest or continuation sheet in the designated location.
(3) A transporter shall obtain the printed or typed name of the subsequent transporter or representative of the designated facility.
§ 263a.21. Compliance with the manifest.
In addition to the requirements incorporated by reference:
* * * * * (2) A transporter [shall assure the manifest is properly completed] may not accept a manifest from a generator unless it is completed in accordance with 40 CFR 262.20 and § 262a.20 (relating to general requirements).
(3) A transporter may not accept a hazardous waste manifest which has a preprinted Manifest Document Number or Manifest Tracking Number that has been altered by anyone other than the printer of the manifest.
§ 263a.24. Documentation of hazardous waste transporter fee submission.
* * * * * (b) The required forms shall be completed by the [applicant] transporter in conformance with instructions provided.
* * * * * § 263a.26. Assessment of penalties.
* * * * * (c) If a person or municipality falsifies information relating to hazardous waste transportation fees required by this chapter and the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305), the Department may assess a minimum civil penalty of $1,000.
* * * * *
CHAPTER 264a. OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
Subchapter E. MANIFEST SYSTEM, RECORDKEEPING AND REPORTING § 264a.71. Use of the manifest system.
In addition to the requirements incorporated by reference:
(1) An owner or operator, or the agent of the owner or operator, may not accept hazardous waste for treatment, storage or disposal unless it is accompanied by [a] the Department's manifest [approved by the Department], unless a manifest is not required by 40 CFR 262.20(e) (relating to the manifest general requirements).
* * * * * (3) The owner or operator or other agent of the designated facility shall state in the Discrepancy Indication Space on the respective manifest and continuation sheet the actual quantity received in bulk shipment.
(4) The name of the designated facility representative signing the manifest shall be printed or typed on the manifest.
§ 264a.83. Administration fees during closure.
(a) The owner or operator shall complete closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of wastes. The Department may approve a longer closure period if the owner or operator demonstrates that:
* * * * * (2) [He] The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but inactive facility. Under [§ 264a.112(d)] 40 CFR 264.112(d) (relating to closure plan; amendment of plan) and paragraph (1)(i), if operation of the site is recommenced, the Department may defer completion of closure activities until the new operation is terminated. The deferral shall be in writing.
(3) The demonstrations referred to in [§ 264a.112(d)] 40 CFR 264.112(d) and this section shall be made as follows:
(i) The demonstrations in [§ 264a.112(d)] 40 CFR 264.112(d) shall be made at least 30 days prior to the expiration of the 60-day period.
* * * * *
Subchapter F. RELEASES FROM SOLID WASTE MANAGEMENT UNITS § 264a.97. General groundwater monitoring requirements.
In addition to the requirements incorporated by reference:
(1) The owner or operator shall keep records of analyses and evaluations of groundwater quality[,] and surface elevations, which shall be conducted quarterly, and flow rate and direction determinations, which shall be conducted annually. These evaluations and determinations shall be conducted as required under 40 CFR Part 264, Subpart F (relating to releases from solid waste management units).
* * * * *
Subchapter I. USE AND MANAGEMENT OF CONTAINERS § 264a.173. Management of containers.
In addition to the requirements incorporated by reference:
* * * * * (2) For outdoor storage of reactive or ignitable hazardous waste, the container height, width and depth of a group of containers shall provide a configuration and aisle spacing which insures safe management and access for purposes of inspection, containment and remedial action with emergency vehicles. The configuration shall be specified in the permit application. [In addition, a 40-foot setback from a building shall be maintained for all outdoor container storage of reactive or ignitable hazardous waste.]
* * * * *
CHAPTER 265a. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
Subchapter B. GENERAL FACILITY STANDARDS § 265a.13. General and generic waste analysis.
In addition to the requirements incorporated by reference:
(1) Except as provided in paragraphs (4) and (5), before an owner or operator treats, stores or disposes of a specific hazardous waste from a specific generator for the first time, the owner or operator shall submit to the Department for approval, on a form provided by the Department, or on a form approved by the Department, a Module 1 report which the owner or operator shall retain for 3 years. The report shall include the following information:
* * * * *
Subchapter E. MANIFEST SYSTEM, RECORDKEEPING AND REPORTING § 265a.71. Use of the manifest system.
In addition to the requirements incorporated by reference:
(1) An owner or operator, or the agent of the owner or operator, may not accept hazardous waste for treatment, storage or disposal unless it is accompanied by [a] the Department's manifest [approved by the Department], unless a manifest is not required by 40 CFR 262.20(e) (relating to general requirements).
* * * * * (3) The owner or operator or other agent of the designated facility shall state in the Discrepancy Indication Space on the respective manifest and continuation sheet the actual quantity received in bulk shipment.
(4) The name of the designated facility representative signing the manifest shall be printed or typed on the manifest.
Subchapter I. USE AND MANAGEMENT OF CONTAINERS § 265a.173. Management of containers.
In addition to the requirements incorporated by reference:
* * * * * (2) For outdoor storage of reactive or ignitable hazardous waste, the container height, width and depth of a group of containers shall provide a configuration and aisle spacing which insures safe management and access for purposes of inspection, containment and remedial action with emergency vehicles. [In addition, a 40-foot setback from a building shall be maintained for all outdoor container storage or reactive or ignitable hazardous waste.]
* * * * * § 265a.175. [Containment and collection system] (Reserved).
[(a) Container storage areas shall have a containment system capable of collecting and holding spills, leaks and precipitation. The containment system shall:
(1) Have an impervious base underlying the containers which is free of cracks or gaps so as to contain leaks, spills and accumulated rainfall. All joints in an impervious base shall be sealed with appropriate sealants.
(2) Provide efficient drainage from the base to a sump or collection system.
(3) Have sufficient capacity to contain the entire volume of the largest container, or 10% of the total volume of all the containers, whichever is greater.
(b) Run-on into the containment system shall be prevented.
(c) Spilled or leaked waste and accumulated precipitation shall be removed from the sump or collection system with sufficient frequency to prevent overflow.
(d) At closure, all hazardous waste and hazardous waste residues shall be removed from the containment and collection systems. Remaining containers, liners, bases and soil containing or contaminated with hazardous waste or hazardous waste residues shall be decontaminated or removed.
(e) Storage of flowable liquid wastes--less than 20% solids by dry weight and flowable--in containers of less than 110 gallons capacity shall be in accordance with the following criteria, unless otherwise approved by the Department:
(1) For indoor storage of reactive or ignitable hazardous waste, the total maximum container height shall not exceed 6 feet. The containers shall be grouped so that the maximum width and depth of a group is no greater than the area that would contain four 55-gallon drums wide by four 55-gallon drums deep--approximately 8 feet by 8 feet--or the containers shall be grouped so that the maximum width of a group is no greater than the area that would contain two 55-gallon drums deep, with the length of the group so limited that at least a 5 foot wide aisle surrounds the group. Each 8 foot by 8 foot group shall be separated by at least a 5 foot wide aisle.
(2) For outdoor storage of reactive or ignitable hazardous waste, the total container height may not exceed 9 feet. The maximum width and depth of a group of containers may not exceed the equivalent of eight 55-gallon drums wide by eight 55-gallon drums deep. Each group shall be separated by at least a 5 foot wide aisle from any adjacent group. A main aisle or accessway at least 12 feet wide shall be maintained through a container storage area. A minimum 40-foot setback from a building shall be maintained for all outdoor container storage of reactive or ignitable hazardous wastes.
(3) For indoor or outdoor storage of nonreactive or nonignitable hazardous waste, the total container height may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which insures access for purposes of inspection, containment and remedial action with emergency vehicles. The configuration shall be specified in the permit application and shall be approved in writing by the Department.]
CHAPTER 270a. HAZARDOUS WASTE PERMIT PROGRAM
Subchapter A. GENERAL INFORMATION § 270a.3. Payment of fees.
40 CFR 270.3 is not incorporated by reference, and the following fees are established:
* * * * * (3) Module I applications and permit modification applications for a permit for hazardous waste storage, treatment and disposal facilities shall be accompanied by a nonrefundable permit application fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' according to the following schedule:
* * * * * (ii) [Class 2 and] Class 3 permit modifications--50% of fees listed in [subsection] paragraph (1).
(iii) Class 1 and Class 2 permit modifications--$700.
Subchapter D. CHANGES TO PERMITS § 270a.42. Permit modification at the request of the permittee.
* * * * * (b) Instead of the appeal procedure in 40 CFR [245.19] 124.19 (relating to appeal of RCRA, UIC, NPDES permits)[. The], the Department's decision to grant or deny permit modifications may be appealed to the EHB under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514).
(c) [Applications] Applicants seeking a Class [2 and] 3 permit [modifications] modification shall comply with § 270a.83 (relating to preapplication public meeting and notice).
Subchapter E. EXPIRATION AND CONTINUATION OF PERMITS § 270a.51. Continuation of existing permits.
(a) 40 CFR 270.51 (relating to continuance of expiring permits) is not incorporated by reference.
(b) The conditions of an expired permit continue in force until the effective date of a new permit if the following conditions are met:
(1) The permittee has submitted a timely application which is a complete application for a new permit.
(2) The Department, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).
(c) Permits continued under this section remain fully effective and enforceable.
(d) When the permittee is not in compliance with the conditions of the expiring or expired permit, the Department may choose to do one or more of the following:
(1) Initiate enforcement action based upon the permit which has been continued.
(2) Issue a notice of intent to deny the new permit. If the permit is denied, the owner or operator would be required to cease activities authorized by the continued permit or be subject to enforcement action for operating without a permit.
(3) Issue a new permit with appropriate conditions.
(4) Take other actions authorized by these regulations.
Subchapter F. SPECIAL FORMS OF PERMITS § 270a.60. Permits-by-rule.
(a) Relative to the requirements incorporated by reference, the following are substituted for the introductory paragraph in 40 CFR 270.60 (relating to permits by rule):
(1) In addition to other provisions of this chapter, the activities listed in this section are deemed to have a hazardous waste management permit if the owner or operator gives prior notification to the Department on a form provided by the Department and the conditions listed are met.
(2) The Department may require an owner or operator with a permit-by-rule under this section to apply for, and obtain, an individual permit when the facility is not in compliance with the applicable requirements or is engaged in an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(b) In addition to the requirements incorporated by reference, the following requirements apply:
(1) The owner or operator of an elementary neutralization unit or a wastewater treatment unit is deemed to have a permit-by-rule, if the owner or operator complies with the following requirements:
* * * * * (iv) Chapter 264a, Subchapter D and 40 CFR Part 264 Subparts C and D (relating to preparedness and prevention and contingency plan and emergency procedures[; permit conditions; and changes to permit]).
* * * * * (2) A generator that treats its own hazardous waste in containers, tanks or containment buildings is deemed to have a permit-by-rule, if the owner or operator complies with the following requirements:
* * * * * (ii) The notification requirements of 40 CFR 264.11 (relating to notification of hazardous waste activities) and the applicable requirements of 40 CFR Part 264, Subparts A--D, I, J and DD and Chapter 264a, Subchapters A, B, D, I, J and DD, except for § 264a.18 (relating to location standards).
* * * * * (3) The owner or operator of a battery manufacturing facility reclaiming spent, lead-acid batteries is deemed to have a permit-by-rule for treatment prior to the reclamation of the spent, lead-acid batteries, if the owner or operator complies with the following requirements:
* * * * * (ii) The applicable requirements of 40 CFR Part 264, Subparts A--E, I--L and DD and Chapter 264a, Subchapters A, B, D, E, I--L and DD, except for § 264a.18.
(4) The owner or operator of a facility that reclaims hazardous waste onsite, at the site where it is generated is deemed to have a permit-by-rule for treatment prior to the reclamation, if the owner or operator complies with the following requirements:
* * * * * (ii) The applicable requirements of Chapter 262a and Chapter 264a, Subchapters A, B, D, E, I, J and DD, except for § 264a.18, and 40 CFR Parts 262 and 264, Subparts A--E and I, J and DD.
* * * * * [(6)] (5) The owner or operator of a facility that treats recyclable materials to make the materials suitable for reclamation of economically significant amounts of the precious metals identified in 40 CFR Part 266, Subpart F (relating to recyclable materials utilized for precious metal recovery) is deemed to have a permit-by-rule if the owner or operator complies with the following:
* * * * * (ii) The applicable requirements of Chapter 264a, Subchapters A, B, D, E, I, J and DD, except for § 264a.18, and 40 CFR Part 264, Subparts A--D, I, J and DD.
* * * * * § 270a.62. Hazardous waste incinerator permits.
Instead of the notification required by 40 CFR 124.10 (relating to public notice of permit actions and public comment period), the Department sends notice to all persons listed in § 270a.80[(4)(i)(D)(E) and (F)] (d)(1) (relating to public notice and comment requirements).
§ 270a.66. Permits for boilers and industrial furnaces burning hazardous waste.
Instead of the notification required by 40 CFR 124.10 (relating to public notice of permit actions and public comment period), the Department sends notice to all persons listed in § 270a.80[(4)(i)(D)--(F)] (d)(1) (relating to public notice and comment requirements).
Subchapter H. PUBLIC NOTICE AND HEARINGS § 270a.81. Public hearings.
* * * * * (b) The Department follows the following procedures in a public hearing held under this subchapter:
* * * * * (5) The Department gives public notice of the hearing under [subsection (a)] § 270a.80 (relating to public notice and comment requirements).
* * * * * § 270a.83. Preapplication public meeting and notice.
(a) Applicability.
* * * * * (4) This section does not apply to Class 1 or Class 2 permit modifications under 40 CFR 270.42 and § 270a.42 or to applications that are submitted for the sole purpose of conducting postclosure activities or postclosure activities and corrective action at a facility.
* * * * *
[Pa.B. Doc. No. 01-2227. Filed for public inspection December 14, 2001, 9:00 a.m.]
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