[32 Pa.B. 6102]
[Continued from previous Web Page]
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 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, the subsequent transporter's 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(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:
(1) Comply with 40 CFR 263.11 (relating to EPA identification number).
(2) File a hazardous waste transporter license application with the Department. The application shall be on a form provided by the Department and completed as required by the instructions supplied with the form.
(3) Deposit with the Department a collateral bond conditional upon compliance by the licensee with the act, this article, the terms and conditions of the license and a Department order issued to the licensee. The amount, duration, form, conditions and terms of the bond shall conform to § 263a.32 (relating to bonding).
(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) Supply the Department with relevant additional information it may require.
(c) Upon receiving the application and the information required in subsection (b), the Department evaluates the application for a license and other relevant information and issues or denies the license. If a license is denied, the Department will advise the applicant in writing of the reasons for denial.
(d) A license granted or renewed under this chapter is valid for 2 years unless the Department determines that circumstances justify issuing a license for less than 2 years. The expiration date will be set forth on the license.
(e) A license to transport hazardous wastes is nontransferable and nonassignable and usable only by the licensee and employees of the licensee.
(f) The Department may revoke or suspend a license in whole or in part for one or more of the following reasons:
(1) Violation of an applicable requirement of the act or a regulation promulgated under the act.
(2) Aiding or abetting the violation of the act or a regulation promulgated under the act.
(3) Misrepresentation of a fact either in the application for the license or renewal or in information required or requested by the Department.
(4) Failure to comply with the terms or conditions placed upon the license or renewal.
(5) Failure to comply with an order issued by the Department.
(6) Failure to maintain the required bond amount.
(g) The application for a license shall be accompanied by a check for $500 payable to the ''Commonwealth of Pennsylvania.'' The application for license renewal shall be accompanied by a check for $250 payable to the ''Commonwealth of Pennsylvania.''
(h) In addition to the fees required by subsection (g), the transporter shall submit a fee of $5 for each license card requested in excess of ten cards.
(i) The licensee shall notify the Department within 30 days of any change in the information contained in the license application.
(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.
(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.
(b) In addition to the requirements incorporated by reference:
(1) A transporter shall print or type 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:
(1) A transporter may not accept or transport hazardous waste if the number or type of containers or quantity of waste to be transported does not correspond with the number, type or quantity stated on the manifest.
(2) A transporter 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 either a preprinted Manifest Document Number or preprinted 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.
(a) A transporter receiving or delivering hazardous waste to or from a site in this Commonwealth shall submit specific information to the Department to document that the amount of fees submitted under § 263a.23 (relating to hazardous waste transportation fee) is accurate. This information shall be provided on forms provided or approved by the Department.
(1) A transporter who has transported hazardous waste during a quarter shall submit completed forms ER-WM-55G and ER-WM-55H, or their successor documents, with the appropriate fees.
(2) A transporter who has not transported hazardous waste during a quarter shall submit only form ER-WM-55G.
(b) The required forms shall be completed by the transporter in conformance with instructions provided.
(c) A transporter shall, upon request from the Department, provide additional information or documentation regarding its hazardous waste transportation activities necessary for the Department to assess the accuracy of the information contained on the required forms and the amount of fees due.
§ 263a.26. Assessment of penalties.
(a) Consistent with section 605 of the act (35 P. S. § 6018.605) and section 1104 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.1104) and the regulations thereunder, this section sets forth civil penalties for certain violations. This section does not limit the Department's authority to assess a higher penalty for the violations identified in this section, or limit the Department's authority to proceed with appropriate criminal penalties.
(b) If a person or municipality fails to submit the hazardous waste transportation fees as required by § 263a.23(d) (relating to hazardous waste transportation fee), fails to submit properly completed documents required by § 263a.24 (relating to documentation of hazardous waste transporter fee submission) or fails to meet the time schedule for submission established by § 263a.23(e), the Department may assess a minimum civil penalty of $500 for submissions which are less than 15 days late, and $500 per day for each day thereafter.
(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.
(d) Failure to comply with the fee payment and documentation requirements of this chapter constitutes grounds for suspension or revocation of a hazardous waste transporter license, denial of issuance or renewal of a license, and for forfeiture of the hazardous waste transporter's collateral bond, in addition to civil penalties set forth in this section.
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 the Department's manifest, unless a manifest is not required by 40 CFR 262.20(e) (relating to the manifest general requirements).
(2) Within 30 days of the delivery, the owner or operator or the agent of the owner or operator shall send the specified copies of the manifest to the Department and generator state, as required.
(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:
(1) The closure activities will, of necessity, take longer than 180 days to complete or the following:
(i) The facility has the capacity to receive additional wastes.
(ii) There is reasonable likelihood that a person other than the owner or operator will recommence operation of the site.
(iii) Closure of the facility would be incompatible with continued operation of the site.
(2) 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 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 40 CFR 264.112(d) and this section shall be made as follows:
(i) The demonstrations in 40 CFR 264.112(d) shall be made at least 30 days prior to the expiration of the 60-day period.
(ii) The demonstrations in this section shall be made at least 30 days prior to the expiration of the 180-day period.
(b) A nonrefundable administration fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' shall be forwarded to the Department within 30 days after receiving the final volumes of waste, and on or before January 20th of each succeeding year until the requirements of § 264a.115 (relating to certification of closure) are met. The fee shall be:
(1) Land disposal facilities--$100.
(2) Impoundments--$100.
(3) All other facilities--$50.
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).
(2) The owner or operator shall report the following information in writing to the Department:
(i) During the first year when initial background concentrations are being established for the facility: concentrations or values of the parameters listed in 40 CFR 264.98(a) (relating to detection monitoring program) for an upgradient groundwater monitoring well within 15 days after completing a quarterly analysis and no later than 30 days after the end of a quarter.
(ii) Quarterly after the first year: concentrations or values of the parameters in 40 CFR 264.98(a) and required under 40 CFR 264.97(g) (relating to detection monitoring program), for each groundwater monitoring well, along with the required evaluations for these parameters under 40 CFR 264.97(h), within 15 days after completing a quarterly analysis and no later than 30 days after the end of a quarter.
(iii) Annually: concentrations or values of those parameters for each well which are specified by the facility's permit within 15 days of completing the annual analysis.
(iv) Annually: those determinations for the groundwater flow rate and direction specified in 40 CFR 264.99(e) (relating to compliance monitoring).
(3) The owner or operator shall report the groundwater quality required by paragraph (2) and 40 CFR 264.97 at a monitoring point established under 40 CFR 264.95 (relating to point of compliance) in a form necessary for the determination of statistically significant increases under 40 CFR 264.98 (relating to detection monitoring program).
Subchapter I. USE AND MANAGEMENT OF CONTAINERS § 264a.173. Management of containers.
In addition to the requirements incorporated by reference:
(1) For indoor 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.
(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.
(3) For indoor or outdoor storage of nonreactive or nonignitable 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.
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:
(i) A detailed chemical and physical analysis of the waste.
(ii) A description of the waste and the process generating the waste.
(iii) The name and address of the hazardous waste management facility.
(iv) A description of the hazardous waste management facility's treatment, storage and disposal methods.
(v) Results of liner compatibility testing.
(vi) An assessment of the impact of the waste on the hazardous waste management facility.
(vii) Other information which the Department may prescribe for the Department to determine whether the waste will be treated, stored or disposed of in accordance with this chapter. The chemical and physical analysis of the waste shall be repeated under one or more of the following circumstances:
(A) When necessary to ensure that it is accurate and up-to-date.
(B) When the owner or operator is notified, or has reason to believe, that the process or operation that generates the hazardous waste has changed.
(C) For offsite facilities or onsite facilities receiving waste from offsite sources, when the results of the inspection or analysis, or both, of each hazardous waste indicates that the waste received at the facility does not match the description of the waste on the accompanying manifest or shipping paper.
(2) The owner or operator shall develop and follow a written waste analysis plan in compliance with 40 CFR 265.13 (relating to general waste analysis) which shall be submitted to the Department for approval at a time in the application process as the Department may prescribe. The plan shall be retained at the facility.
(3) The owner or operator of a facility utilizing a liner shall conduct an evaluation of the liner compatibility with the hazardous waste before accepting the waste for emplacement in a waste pile, surface impoundment or landfill unless the approval to accept the waste is granted in the facility's permit. The evaluation procedure shall meet the approval of the Department prior to its commencement. The evaluation of the liner shall consist of testing the liner in the presence of the waste for a minimum of 30 days or as otherwise approved by the Department. In lieu of actual testing, existing published or documented data on the hazardous waste or waste generated from similar processes proving the liner compatibility may be substituted if approved by the Department. The results of the evaluation of the liner compatibility shall be furnished to the Department for approval of the waste before acceptance by the facility.
(4) The Department may waive prior approval of the report specified in paragraph (1) for wastes that are in containers that are only to be stored at the facility. The Department may waive prior approval of the report only if:
(i) The Department determines that the waiver does not pose a potential threat to human health or the environment.
(ii) The management of the wastes is allowed in the permit for the facility and properly addressed in the approved waste analysis plan for the facility.
(iii) The report is submitted to the Department within 1 week of the arrival of the wastes at the facility and a copy of the report is maintained in the operating record onsite for 20 years.
(5) Prior Department approval of the report specified in paragraph (1) is not required for offsite reclamation facilities that, under a contractual agreement, supply raw material to a generator and accept the expended material from the generator for storage prior to reclamation.
(6) In lieu of the waste and generator specific report required by paragraphs (1)--(3), the Department may accept from the operator of a treatment, storage or disposal facility a Generic Module I application for similar wastes containing similar hazardous constituents from multiple generators.
(7) An application for a Generic Module I shall include:
(i) The information required by paragraph (1). Generator specific information shall be included for each generator identified in the application.
(ii) Criteria for determining whether the wastes have similar physical and chemical characteristics and contain similar hazardous constituents.
(8) Additional generators may be added to an approved Generic Module I if the operator of the treatment, storage or disposal facility demonstrates that the waste from the new generator is consistent with the waste already approved in the Generic Module I. At least 15 days prior to accepting a waste from a new generator, the operator of the treatment, storage or disposal facility shall submit to the Department in writing, the generator specific information required by paragraph (1). The Department will not add an additional generator to the Generic Module I if the Department finds that the operator of the treatment, storage or disposal facility has not demonstrated that the waste from the new generator is consistent with that approved under the Generic Module I.
(9) A permit modification and Generic Module I requested under this section shall be accompanied by a fee, as specified in § 270a.3 (relating to payment of fees).
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 the Department's manifest, unless a manifest is not required by 40 CFR 262.20(e) (relating to general requirements).
(2) Within 30 days of the delivery, the owner or operator or the agent of the owner or operator shall send the specified copies of the manifest to the Department and generator state, as required.
(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:
(1) For indoor 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.
(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.
(3) For indoor or outdoor storage of nonreactive or nonignitable 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.
§ 265a.175. (Reserved).
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:
(1) 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:
(i) Land disposal facilities--commercial--$125,000.
(ii) Land disposal facility--captive--$71,400.
(iii) Surface impoundments:
(A) Commercial--$36,000.
(B) Captive--$14,000.
(iv) Postclosure permits--$25,000.
(v) Treatment facilities:
(A) Commercial--$36,000.
(B) Captive--$14,000.
(vi) Storage facilities:
(A) Commercial--$36,000.
(B) Captive--$14,000.
(vii) Incinerators:
(A) Commercial--$93,000.
(B) Captive--$54,000.
(2) If more than one permitted activity is located at a site, or more than one activity occurs, the fees are cumulative.
(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:
(i) Module I and Generic Module I applications:
(A) Module I--$300.
(B) Generic Module I--$1,500.
(ii) Class 3 permit modifications--50% of fees listed in 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.
(a) Instead of complying with 40 CFR Part 124.10(c)(ix) (relating to public notice of permit actions and public comment period) the permittee shall send a notice to those persons in § 270a.80(d)(iv) (relating to public notice and comment requirements).
(b) Instead of the appeal procedure in 40 CFR 124.19 (relating to appeal of RCRA, UIC, NPDES, PSD permits), 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) Applicants seeking a Class 3 permit 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. Existing permit-by-rule facilities shall comply with the notification requirements by December 8, 2003.
(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:
(i) The facility treats hazardous waste generated onsite.
(ii) The facility has an NPDES permit, if required, and complies with the conditions of that permit.
(iii) Section 264a.11 (relating to identification number and transporter license) and 40 CFR 264.11 (relating to identification number).
(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).
(v) 40 CFR Part 265, Subpart Q (relating to chemical, physical and biological treatment), except for 40 CFR 265.400 (relating to applicability).
(vi) For the purposes of this subsection, the owner or operator of an elementary neutralization unit or wastewater treatment unit permit-by-rule facility may treat wastes generated at other facilities operated or owned by the same generator, if the generator provides prior written notice to the Department and the wastes are shipped under a manifest in compliance with § 262a.20 and 40 CFR 262.20 (relating to general requirements; and general requirements).
(vii) The Department may, under special circumstances, approve on a case-by-case basis the receipt and treatment of wastes generated offsite by a different generator for treatment at a facility regulated under this subsection without the treatment of the wastes resulting in the loss of permit-by-rule status under this subsection.
(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:
(i) The facility is a captive facility and the only waste treated is generated onsite.
(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).
(iii) The applicable requirements of 40 CFR 262.34 (relating to accumulation).
(iv) Except for the characteristic of ignitability, the hazardous waste is not being rendered nonhazardous by means of dilution.
(v) A generator may mix waste oil with a waste which is hazardous solely because it exhibits the toxicity characteristic for benzene, arsenic, cadmium, chromium, lead or ignitability, provided that the resultant mixture does not exhibit any characteristic of hazardous waste under 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste) incorporated by reference in § 260a.1 (relating to incorporation by reference, purpose, scope and applicability) and that the mixture is managed in accordance with Chapter 298, Subchapter C (relating to waste oil generators).
(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:
(i) The notification requirements of 40 CFR 264.11.
(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:
(i) The notification requirements of 40 CFR 264.11.
(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.
(iii) For the purposes of this subsection, onsite reclamation includes reclamation of materials generated at other facilities operated or owned by the same generator, if the generator provides prior written notice to the Department and the wastes are shipped under a manifest in compliance with § 262a.20 (relating to general requirements) and 40 CFR Part 262.20 (relating to general requirements).
(iv) The Department may, under special circumstances, approve on a case-by-case basis the receipt and reclamation of wastes generated offsite by a different generator for reclamation at a facility regulated under this subsection without the reclamation of the wastes resulting in the loss of onsite reclamation status under this subsection.
(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:
(i) The notification requirements of 40 CFR 264.11 (relating to identification number).
(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.
(c) In addition to the requirements incorporated by reference:
(1) With respect to any permit-by-rule facility under subsection (b)(3)--(6), the Department may, upon written application from a person subject to these paragraphs, grant a variance from one or more specific provision of those paragraphs in accordance with this subsection.
(2) In granting a variance, the Department may impose specific conditions reasonably necessary to assure that the subject activity results in a level of protection of the environment and public health equivalent to that which would have resulted from compliance with the suspended provisions. Any variance granted under this section will be at least as stringent as the requirements of section 3010 of the RCRA (42 U.S.C.A. § 6930) and regulations adopted thereunder.
§ 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 (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(d)(1) (relating to public notice and comment requirements).
Subchapter H. PUBLIC NOTICE AND HEARINGS § 270a.81. Public hearings.
(a) During the public comment period provided under § 270a.80 (relating to public notice and comment requirements), an interested person may submit written comments on the draft permit and may request a public hearing, if a hearing is not already scheduled. A request for a public hearing shall be in writing and state the nature of the issues proposed to be raised in the hearing. The Department considers comments in making its final decision and answers these comments as provided in § 270a.10(c) (relating to general application requirements and permit issuance procedures).
(b) The Department follows the following procedures in a public hearing held under this subchapter:
(1) The Department holds a public hearing whenever, on the basis of requests received under subsection (a), it determines that a significant degree of public interest in a draft permit exists.
(2) The Department may hold a public hearing whenever a hearing might clarify issues involved in the permit decision.
(3) The Department holds a public hearing whenever it receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice, under § 270a.80.
(4) The Department schedules, when possible, a hearing under this section at a location convenient to the nearest population center to the proposed facility.
(5) The Department gives public notice of the hearing under § 270a.80 (relating to public notice and comment requirements).
(6) A person may submit oral or written statements and data concerning the draft permit before, during or after the public hearing, as long as the Department receives the statements and data during the public comment period. The Department may set reasonable limits upon the time allowed for oral statements and may require the submission of statements in writing. The public comment period under § 270a.80 is automatically extended to the close of a public hearing under this section. The Department's hearing officer may also extend the comment period by so stating at the hearing.
(7) The Department makes a tape recording or written transcript of the hearing available to the public.
§ 270a.83. Preapplication public meeting and notice.
(a) Applicability.
(1) This section applies to RCRA Part B applications seeking initial permits for hazardous waste management units over which the Department has permit issuance authority.
(2) This section also applies to RCRA Part B applications seeking renewal of permits for the units, if the renewal application is proposing a significant change in facility operations.
(3) For the purposes of this section, a ''significant change'' is a change that would qualify as a Class 2 or Class 3 permit modification under 40 CFR 270.42 (relating to permit modification at the request of the permittee) and § 270a.42 (relating to permit modification at the request of the permittee).
(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.
(b) Prior to the submission of a Part B RCRA permit application for a facility, the applicant shall hold at least one meeting with the public to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
(c) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under subsection (b), and copies of any written comments or materials submitted at the meeting, to the Department as a part of the Part B application, under 40 CFR 270.14(b) (relating to contents of Part B: general requirements).
(d) The applicant shall provide public notice of the preapplication meeting at least 30 days prior to the meeting. The applicant shall maintain, and provide to the Department upon request, documentation of the notice.
(1) The applicant shall provide public notice in the following forms:
(i) Newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in paragraph (2), in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Department will instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, if the Department determines that the publication is necessary to inform the affected public. The notice shall be published as a display advertisement.
(ii) Visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph (2). If the applicant places the sign on the facility property, the sign shall be large enough to be readable from the nearest point where the public would pass by the site.
(iii) Broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in paragraph (2), at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Department.
(iv) Notice to the Department. The applicant shall send a copy of the newspaper notice to the Department and to the appropriate units of State and local government.
(2) The notices required under paragraph (1) shall include the following:
(i) The date, time and location of the meeting.
(ii) A brief description of the purpose of the meeting.
(iii) A brief description of the facility and proposed operations, including the address or a map--for example, a sketched or copied street map--of the facility location.
(iv) A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting.
(v) The name, address and telephone number of a contact person for the applicant.
[Pa.B. Doc. No. 02-2222. Filed for public inspection December 13, 2002, 9:00 a.m.]
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