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PA Bulletin, Doc. No. 16-377


Residual Waste General Permit WMGR052

[46 Pa.B. 1286]
[Saturday, March 5, 2016]

 The Department of Environmental Protection (Department) by this notice is announcing the issuance of a permit modification under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101—4000.1904) and residual waste regulations for a general permit to operate residual waste processing facilities and the beneficial use of residual waste other than coal ash.

 This general permit authorizes low permeability cementitious (LPC) material meeting specific parameters provided in the general permit, to be provided to persons for the proposed beneficial use as reclamation material at a specific mine site, provided the reclamation is occurring at that site in accordance with a mining authorization, and the appropriate Department regional office (see page 10 of the general permit) receives a copy of the authorization prior to the beneficial use of the material at the site. LPC material consists of a mixture of lime, flue gas desulfurization (FGD) sludge and coal ash from coal-fired power plants.

 A person or municipality that proposes to produce LPC material for beneficial use by operating under the terms and conditions of this general permit after the date of permit issuance must apply for and obtain a ''Determination of Applicability'' (DOA) from the appropriate Department Regional Office (see page 10 of the general permit) prior to beginning authorized activities under this generalpermit. A completed application on forms available from the Department must be submitted to the appropriate Department regional office.

 The Department has made a number of modifications to the general permit to:

 1. Bring the general permit into compliance with 25 Pa. Code Chapter 290 (relating to beneficial use of coal ash) regarding the beneficial use of waste material comprised of a mixture of lime, FGD and coal ash.

 2. Narrow the scope of the general permit by limiting the beneficial use of the mixture of lime, FGD and coal ash material to permitted mining activity sites.

 3. Improve coordination between the Department's Waste and Mining Programs regarding the approval of the material and use of the material on mine sites.

 4. Increase public notice and the opportunity for the public to comment on both the waste general permit and the proposed use of the material on a permitted or authorized mine site.

 The Department published proposed modifications to WMGR052 at 45 Pa.B. 4839 (August 15, 2015), and held a 60-day public comment period. Public comments were considered and addressed in the comment and responses document prepared for this general permit. Persons interested in receiving a copy of the comment and responses document may submit a request by e-mail to E-mail requests should have ''WMGR052 Comment & Response Document'' in the subject line. A copy may also be obtained by contacting the Division of Municipal and Residual Waste at (717) 787-7381.

 The permit was issued by the Department and becomes effective on March 5, 2016.

 Persons interested in obtaining a copy of the amended general permit can download a copy at or may request a copy by contacting the Division of Municipal and Residual Waste, Bureau of Waste Management, P. O. Box 69170, Harrisburg, PA 17106-9170, (717) 787-7381. TDD users may contact the Department through the Pennsylvania AT&T Relay Service, (800) 654-5984.


[Pa.B. Doc. No. 16-377. Filed for public inspection March 4, 2016, 9:00 a.m.]

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