PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CHS. 261, 262 and 264--266]
Hazardous Waste Management
[26 Pa.B. 3801] The Environmental Quality Board (Board) proposes to amend Chapters 261, 262 and 264--266 (relating to criteria, identification and listing of hazardous waste; and special standards for the management of certain hazardous waste activities) to read as set forth in Annex A.
This proposal was adopted by the Board at its regular meeting on June 18, 1996.
A. Effective Date
These proposed amendments will go into effect immediately upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information, contact Leon Kuchinski, Chief, Division of Hazardous Waste Management, Bureau of Land Recycling and Waste Management, Rachel Carson State Office Building, 14th floor, 400 Market Street, P. O. Box 8471, Harrisburg, PA 17105-8471, (717) 787-6239, or Marc A. Roda, Assistant Counsel, Bureau of Regulatory Counsel, Rachel Carson State Office Building, 9th floor, 400 Market Street, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposal appears in Section I of this Preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). These proposed amendments are available electronically through the Department of Environmental Protection (Department) Web site (http://www.dep.state.pa.us).
C. Statutory Authority
This proposal is being made under the provisions of sections 105, 401--403 and 501 of the Solid Waste Management Act (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 Solid Waste Management Act. The Board has the power and duty to adopt rules and regulations concerning the storage, treatment, disposal and transportation of hazardous waste as are necessary to protect the public's health, safety and welfare, as well as protect the environmental resources of this Commonwealth. Sections 105, 402 and 501 of The Clean Streams Law grant the Board the authority to adopt regulations as 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 as are necessary for the proper work of the Department.
D. Background of the Proposal
The Department administers the hazardous waste program under numerous State laws, including the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1304), The Clean Streams Law (35 P. S. §§ 691.1--691.100), the Air Pollution Control Act (35 P. S. §§ 4001--4015) and sections 1905-A and 1917-A of The Administrative Code of 1929 (71 P. S. §§ 510-5 and 510-17).
Numerous Federal statutes applicable to hazardous waste management activities are administered by Federal agencies including the Environmental Protection Agency (EPA). The Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901--6992) (RCRA), and Federal regulations at 40 CFR Parts 260--279 administered by the EPA, contain the basic Federal hazardous waste program requirements. RCRA provides that states may apply for and receive authorization from the EPA for all or parts of the state hazardous waste management program, under 42 U.S.C.A. § 6926 and 40 CFR Part 271. The EPA authorization essentially eliminates the dual Federal and state permitting requirements for the hazardous waste management activities that are covered entirely within the scope of the state program authorized by the EPA, and thereby allows the regulated community to comply with state law in lieu of the affected parts of Federal law. The Department intends to apply for EPA authorization for the universal waste rule once this proposal is finalized.
EPA has concluded that the existing regulatory structure is not appropriate for certain widely generated wastes referred to as universal wastes. On May 11, 1995, the EPA promulgated the universal waste rule at 40 CFR Part 273. The universal waste rule is a set of simplified management standards for the collection and transportation of universal wastes. (Notice of proposed universal waste rule appeared at 58 FR 8102 (February 11, 1993), and final universal waste rule appeared at 60 FR 25492 (May 11, 1995).
Universal wastes share the following common characteristics:
a. They are frequently generated in a variety of settings other than the industrial settings usually associated with hazardous wastes.
b. They are generated by a vast community, the size of which poses implementation difficulties for both those who are regulated and the regulatory agencies charged with implementing the hazardous waste program.
c. They may be present in significant volumes in nonhazardous waste management systems.
The EPA has determined that nickel cadmium and other types of batteries, certain hazardous waste pesticides and mercury-containing thermostats should be classified as universal wastes. In the future, EPA may add additional wastes or categories of wastes to the universal waste rule.
The universal waste rule is designed to accomplish three general goals. The first goal is to encourage resource conservation, while ensuring adequate protection of human health and the environment. The second goal is to improve implementation of the current Subtitle C hazardous waste regulatory program. The third goal is to provide incentives for individuals and organizations to collect the unregulated portions of these universal waste streams (such as, universal wastes from households or conditionally exempt small quantity generators) and manage them using the same systems developed for the regulated portion, thereby removing these wastes from the municipal waste stream and minimizing their input of hazardous constituents to municipal landfills and combustors.
At its March 14, 1996, meeting, the Department's Solid Waste Advisory Committee (Committee) voted to recommend the Department proceed with the draft regulations as written. No changes were made to the regulations as a result of this recommendation.
On April 20, 1996, the Department published in the Pennsylvania Bulletin an enforcement strategy for interim management of waste that meets the proposed definition for universal waste. See 26 Pa.B. 1828 (April 20, 1996). Under the enforcement strategy, persons who manage any of the three universal wastes in accordance with this proposal will not be subject to enforcement proceedings initiated by the Department under more stringent existing Pennsylvania regulations. This enforcement strategy is an exercise of the Department's discretionary enforcement authority under the existing regulations.
E. Summary and Purpose of Proposed Rulemaking
The Board agrees with the EPA that the existing regulatory structure is not appropriate for the wastes referred to as universal wastes. The universal waste rule strikes an appropriate and reasonable balance between the need to streamline the waste management requirements and to protect human health and the environment. Therefore, the Board is proposing to amend the Department's hazardous waste regulations by adding a universal waste rule that is essentially identical to the EPA rule.
The purpose of the proposed amendments is to add the Federal universal waste rule to the Department's hazardous waste management regulations. Adopting the rule should facilitate recycling or proper disposal of universal wastes by encouraging the creation of universal waste collection systems.
The Department's regulations as applied to the collection and transportation of batteries, pesticides and mercury thermostats have become more stringent than necessary to retain RCRA authorization. The EPA's reduced management standards for the collection and transportation of universal wastes will protect human health and the environment. Therefore, adopting the universal waste rule will eliminate an unnecessary conflict with the RCRA regulations.
At present, due to the lack of effective collection systems, many universal wastes are not being recycled or properly disposed of. Batteries and mercury thermostats are frequently being disposed rather than recycled. These wastes are frequently included in the municipal waste stream and disposed of at either an incinerator or a municipal landfill rather than at a hazardous waste disposal facility. This is especially true for universal wastes generated by households. Farmers now frequently retain or dispose of unused or waste pesticides without having to comply with the requirements of Chapters 264--266. These pesticides should be returned to the manufacturer for proper management.
The absence of adequate universal waste collection systems is due to the high cost of complying with the existing management standards for the storage, treatment, disposal and transportation of hazardous wastes. By reducing the waste management standards applicable to universal waste collection systems, the costs associated with their operation should be reduced. Therefore, it is anticipated that establishing the universal waste rule will encourage the creation of universal waste collection systems and facilitate the recycling or proper disposal of universal wastes.
As described in this Preamble, the Commonwealth's universal waste rule is essentially equivalent to the Federal universal waste rule. Adopting the universal waste rule is consistent with the Department's commitment to adopting environmental regulations that are no more stringent than Federal requirements unless there is a compelling reason.
The Board proposes to amend Chapter 266 by adding six subchapters defining the universal waste program: Subchapter J (relating to general), Subchapter K (relating to standards for small quantity handlers of universal waste), Subchapter L (relating to standards of large quantity handlers of universal waste), Subchapter M (relating to standards for universal waste transporters), Subchapter N (relating to standards for destination facilities), Subchapter O (relating to import requirements) and Subchapter P (relating to petitions to include other wastes under Chapter 266 as universal waste). In addition, the Department proposes to make some technical amendments to §§ 262.10(a) and 266.80 (relating to scope; reclaimed spent lead acid batteries: applicability and requirements).
The following table is a simplified overview of the types of participants in the universal waste system and the requirements that are applicable to each type of participant. Each of the universal waste requirements is then described in more detail.
Wastes Covered Under the Universal Waste System
The proposed universal waste rule covers three types of wastes. These wastes are: batteries, hazardous waste pesticides that are either recalled or collected in waste pesticide collection program, and mercury thermostats. The Board is requesting comments and supporting documentation concerning the inclusion of fluorescent tubes, as well as other wastes or waste categories, under the universal waste rule on final publication of the rule. Individuals who collect and store lead acid batteries have the option of using either the universal waste rule or Chapter 266, Subchapter G. Proposed § 266.205 (relating to applicability, household and conditionally exempt small quantity generator waste) makes it clear that universal wastes generated by households or conditionally exempt small quantity generators may also be managed under the universal waste rule. As explained as follows, proposed Subchapter P contains a process for adding other wastes to the universal waste rule.
Participants in the Universal Waste Program
The four types of participants in the universal waste system are: Small Quantity Handlers of Universal Waste (SQHUW), Large Quantity Handlers of Universal Waste (LQHUW), Universal Waste Transporters and Destination Facilities. Each of these participants and the applicable management standards are described as follows.
SQHUWs and LQHUWs
Section 266.206 (relating to definitions) defines a ''universal waste handler'' as a person who generates or collects a universal waste. A ''generator'' is a person who creates a universal waste. This is a person who uses batteries, pesticides or thermostats and determines that the material has become a waste. Contractors or repair persons who decide that batteries or thermostats are no longer useable and remove them from service are also generators. A universal waste handler collects universal wastes that are generated by the handler or are received from other handlers, consolidates the waste and sends it on to other handlers or treatment/recycling or disposal facilities. Each separate location (that is, generating location or collecting location) is considered a separate universal waste handler. Except as authorized under proposed §§ 266.213 and 266.233 (relating to waste management) a universal waste handler cannot treat/recycle, or dispose of a universal waste.
The proposed categories of LQHUWs and SQHUWs are distinguished by the amount of waste accumulated onsite at any time. See § 266.206. LQHUWs may accumulate 5,000 kilograms or more total of universal wastes. SQHUWs are limited to accumulating less than 5,000 kilograms total.
A SQHUW may occasionally receive or generate more than 5,000 kg of universal waste. There is no intent to permanently categorize a universal waste handler as a LQHUW simply because in 1 year that handler accumulated onsite at one time 5,000 kgs or more of universal waste. As a result, the proposed definition for LQHUW allows the individual to annually reevaluate its status.
It is anticipated that the SQHUW category will facilitate the creation of universal waste collection systems. Many collectors of universal wastes will service consumers and small businesses. These collectors would frequently be retail-type operations participating in a National collection program, such as, a department or specialty store that has a spent battery collection box. These collectors would likely accumulate only small quantities of universal waste because only a minor portion of their business is devoted to managing waste, and because they would ship wastes frequently using package shipping services or similar systems set up by the collection programs.
The proposed requirements applicable to the LQHUW and SQHUW are found in Subchapters K and L. Because most of the requirements are the same for SQHUWs and LQHUWs, they are described together. Proposed §§ 266.210 and 266.230(a) (relating to applicability) explain who is subject to the Subchapter K and L requirements.
Universal waste handlers who accumulate universal waste in accordance with requirements of Subchapters K or L will be deemed to have a solid waste management permit for the storage of universal waste §§ 266.210(b) and 266.230(b). There are no similar requirements in the Federal regulations. Because the State permit is provided by the regulations, the proposed regulations have the same practical effect as the Federal regulations which do not require a permit.
Proposed §§ 266.211 and 266.231 (relating to prohibitions) prohibits universal waste handlers from disposing of, diluting or treating universal waste except in certain circumstances. Sections 266.212 and 266.232 (relating to notification) is different for SQHUW and LQHUW. Only LQHUWs are required to obtain an EPA identification number.
Sections 266.213 and 266.233 (relating to waste management) explain the requirements SQHUWs and LQHUWs must follow when handling universal waste. Universal waste must be managed in a way that prevents releases to the environment and must also be specially packaged. Special procedures must be followed when handling batteries and when removing mercury-containing ampules from thermostats. Proposed §§ 266.214 and 266.234 (relating to labeling/marking) require handlers to label or mark universal wastes or containers of universal waste to identify the universal waste. Proposed §§ 266.215 and 266.235 (relating to accumulation time limits) limit the time that handlers may accumulate universal waste to 1 year. This time limit may be exceeded if additional time is solely necessary to facilitate the proper recycling or disposal of the waste. In addition, handlers must be able to demonstrate the length of time the waste has been accumulated.
Proposed §§ 266.216 and 266.236 (relating to employe training), are somewhat different for SQHUWs and LQHUWs. SQHUWs are required to distribute basic handling and emergency information to employes handling universal waste. LQHUWs are required to ensure that employes are familiar with waste handling and emergency procedures as appropriate, based on their responsibilities. Proposed §§ 266.217 and 266.237 (relating to response to releases) requires handlers to immediately contain any releases of universal waste and to handle residues appropriately. Proposed §§ 266.218 and 266.238 (relating to offsite shipments) requires handlers to send universal waste only to persons within the universal waste system and specify procedures to be followed when a shipment is rejected by the receiving facility. Proposed §§ 266.219 and 266.239 (relating to tracking universal waste shipments) are different for SQHUWs and LQHUWs. SQHUWs are not required to keep records of shipments of universal waste. LQHUWs are required to maintain basic records documenting shipments received at the facility and shipments sent from the facility. Proposed §§ 266.220 and 266.240 (relating to exports) specify notification procedures to be followed when handlers ship universal wastes to foreign destinations.
Universal Waste Transporters
A ''universal waste transporter'' is defined as a person who is engaged in the transportation of universal wastes. A universal waste transporter may be an independent shipper contracted to transport the waste, or may be a handler who self-transports universal waste. The proposed requirements applicable to universal waste transporters are found in Subchapter M.
Proposed § 266.250(a) (relating to applicability) explains to whom the transporter requirements are applicable. A universal waste transporter who complies with the requirements of Subchapter M will be deemed to have a transporter's license as required by the Solid Waste Management Act. There are no similar requirements in the Federal regulations. Because the State license is provided by the regulations, the proposed amendments have the same practical effect as the Federal regulations which do not require a license.
Proposed § 266.251 (relating to prohibitions) prohibits universal waste transporters from disposing of, diluting or treating universal waste. Proposed § 266.252 (relating to waste management) explains that universal waste transporters are required to comply with applicable United States Department of Transportation requirements if the waste they are transporting is a hazardous material under United States Department of Transportation regulations. Proposed § 266.253(a) (relating to storage time limits) allows a universal waste transporter to store universal waste for 10 days or less at a universal waste transfer facility. Universal waste transfer facilities are transportation-related facilities such as loading docks, parking areas and storage areas where universal waste is normally stored during the course of transportation. See § 266.206 (relating to definitions). If a universal waste transporter stores universal waste for more than 10 days at one location, the universal waste transporter is required to comply with the appropriate universal waste handler rules in § 266.253(b).
Proposed § 266.254 (relating to response to releases) requires universal waste transporters to immediately contain any releases of universal waste and to handle residues appropriately. Proposed § 266.255 (relating to offsite shipments) prohibits universal waste transporters from transporting universal waste to any place other than a universal waste handler, destination facility or foreign destination. Finally, proposed § 266.256 (relating to exports) requires universal waste transporters to follow certain requirements for exports of universal waste.
Destination Facilities
A ''destination facility'' is defined as a facility that treats, disposes of or recycles a particular category of universal waste in § 266.206 (relating to definitions). For the purposes of the universal waste rule, treatment does not include the waste management practices required by proposed §§ 266.213(a) and (c) and 266.233(a) and (c) (relating to waste management). The standards that will be applicable to a destination facility are found in Subchapter N.
Proposed § 266.260 (relating to applicability) indicates which of the hazardous waste regulations destination facilities are required to follow. Except as modified by Subchapter N, a destination facility is subject to the same regulations applicable to any treatment, storage or disposal facility handling a hazardous waste.
Proposed § 266.261 (relating to offsite shipments) sets forth procedures to be used when rejecting a shipment of waste. Finally, proposed § 266.262 (relating to tracking universal waste shipments) requires destination facilities to retain the same records for receipt of universal waste shipments that LQHUWs are required to retain. By documenting receipt of universal waste shipments, these records complete documentation of shipments sent from handlers.
Import Requirements
Proposed Subchapter O (relating to import requirements) clarifies the requirements applicable to universal wastes that are imported. Once universal waste enters the United States it is subject to the same universal waste requirements as if it had been generated in the United States. See § 266.270 (relating to imports).
Including Additional Hazardous Wastes under the Universal Waste Rule
Proposed Subchapter P creates two methods for adding new categories to the universal waste rule. First, all new categories of hazardous waste added to the EPA universal waste rule will be incorporated by reference into the Department's universal waste rule. See § 266.283 (relating to incorporation by reference). Second, the Board is directing the Department to make a determination whether another waste can be managed in a manner consistent with the universal waste rule. This determination shall be based on a petition from individuals or on the Department's own motion. The procedures and standards for making this determination are set forth in proposed §§ 266.280--266.282 (relating to general; factors for petitions to include other waste under Chapter 266, Subchapters J--O; public notice and review of petitions).
Authorizing the Department to determine whether to include additional wastes under the universal waste rule enables the Department to quickly customize the universal waste rule to hazardous waste management practices in this Commonwealth. The Department's determination to include another hazardous waste under the universal waste rule should automatically become part of the Department's authorized program because the procedures and standards for making this determination will be part of the universal waste rule submitted to the EPA as a revision to the Department's authorized program.
It is anticipated that the EPA will approve the procedures and standards authorizing the Department to determine whether to add additional wastes to the universal waste rule as part of a revision to the Commonwealth's authorized program. The EPA is encouraging states to include in their universal waste rule a process for petitioning that state to revise its regulations to include additional wastes under its universal waste rule. See 60 FR 25536 (May 11, 1995) (addition of new universal wastes to state programs). The procedures established by the Board are essentially equivalent to those required by the EPA. The information requirements and substantive standards established by the Board are identical to those mandated by the EPA. The only difference is that the Department's determination is an adjudication rather than a rulemaking. By proceeding by adjudication rather than rulemaking, the proposed amendments will streamline the process.
Miscellaneous Proposed Amendments
Section 261.5 (relating to special requirements for hazardous waste generated by conditionally exempt generators) proposes to exclude universal wastes from the quantity determination necessary to qualify for small quantity generator status. This proposal has been made because universal wastes are to be managed separately under Chapter 266, Subchapters J--P. Proposed § 261.9 (relating to requirements for universal waste) makes it clear that universal wastes are to be managed in accordance with the requirements of Chapter 266, Subchapters J--O and not the normal hazardous waste regulations. Finally, the proposal to § 266.80 (relating to applicability and requirements) includes lead-acid batteries that are being regenerated.
F. Benefits and Costs
Executive Order 1996-1 requires a statement of the benefits of proposed amendments, as well as the costs which may be imposed. It also requires a statement of the need for, and a description of, forms, reports or other paperwork required as a result of the proposed amendments.
Benefits
Adopting the universal waste rule will prevent pollution by facilitating the recycling or proper disposal of these wastes. The complexity and costs of complying with the full hazardous waste regulations inhibits the creation of systems for the collection and transportation of universal wastes to recycling or hazardous waste disposal facilities. The universal waste rule establishes environmentally protective streamlined standards for the collection and transportation of these wastes. By making these management standards less complex and less costly to comply with, the creation of universal waste systems will be facilitated.
The Department lacks the data to develop an estimate of the reduction in costs that will result from adopting the universal waste rule. However, EPA's analysis of its universal waste rule indicates that the management costs for generators or universal wastes should be reduced by approximately 50% when compared to management under full Subtitle C RCRA standards. Since the proposed universal waste rule is essentially equivalent to EPA's universal waste rule, it is anticipated that Pennsylvania generators of universal waste will see a similar reduction in costs.
Costs
The proposed amendments, if adopted, provide an optional means to comply with applicable hazardous waste requirements. Compared to existing requirements, the proposed amendments will reduce costs.
There are some persons who are currently not subject to regulation under the hazardous waste regulations which may elect to participate in the universal waste program. If they elect to collect universal waste under the proposed amendments, they will incur additional costs.
Compliance Assistance
The Department's compliance assistance efforts will take two forms. The Department will prepare fact sheets to help explain how the universal waste rule works. In addition, the Department will work with industry groups to develop workshops to explain how individuals can utilize the universal waste rule to establish universal waste collection systems to recycle or properly dispose of these hazardous wastes.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of the proposed rulemaking on July 24, 1996, 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 amendments, 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 1982-2 ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before final publication of the regulation.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulation effectively fulfills the goals for which it was intended.
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 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by October 2, 1996. 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 October 2, 1996. 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 regulation will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@A1.dep.state.pa.us. The subject heading of the proposal and returned name and address must be included in each transaction. Comments submitted electronically must also be received by the Board by October 2, 1996.
JAMES M. SEIF,
Chairperson(Editors Note: A proposed rulemaking relating to this proposal was published at 25 Pa.B. 4917 (November 11, 1995). The following sections were also proposed to be amended at that time: §§ 261.5, 262.10 and 265.1.)
Fiscal Note: 7-297. 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 261. CRITERIA, IDENTIFICATION
AND LISTING OF HAZARDOUS WASTE(Editor's Note: The Department is proposing to delete the existing text of § 261.5 which appears at 25 Pa. Code pages 261-15--261-19, serial pages (176171)--(176175) and replace it with the text which follows.)
§ 261.5. Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
(a) A generator is a conditionally exempt small quantity generator in a calendar month if the generator generates no more than 100 kilograms of hazardous waste in that month.
(b) Except for those wastes identified in subsections (e)--(g) and (j), a conditionally exempt small quantity generator is not subject to regulation under Chapters 262--266 and 270 if the generator complies with the requirements of subsections (f), (g) and (j).
(c) When making the quantity determinations of this chapter and Chapter 262 (relating to generators of hazardous waste), the generator shall include all hazardous waste that it generates, except hazardous waste that is one or more of the following:
(1) Exempt from regulation under 40 CFR 261.4, 261.6(a)(3), 261.7(a)(1) or 261.8.
(2) Managed immediately upon generation only in onsite elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in § 262.2.
(3) Recycled, without prior storage or accumulation, only in an onsite process subject to regulation under 40 CFR 261.6(c)(2).
(4) Used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR Part 279.
(5) Spent lead-acid batteries managed under the requirements of Chapter 266, Subchapter G (relating to reclaimed spent lead-acid batteries),
(6) Universal waste managed under Chapter 266 (relating to special standards for the management of certain hazardous waste activities and universal waste management).
(d) In determining the quantity of hazardous waste generated, a generator need not include one or more of the following:
(1) Hazardous waste when it is removed from onsite storage, if it has been counted once.
(2) Hazardous waste produced by onsite treatment, including reclamation of hazardous waste generated onsite, if the hazardous waste that is treated was counted once.
(3) Spent materials that are generated, reclaimed and subsequently reused onsite, if the spent materials have been counted once.
(4) A universal waste managed under § 261.9 (relating to requirements for universal waste) and Chapter 266.
(e) All quantities of acute hazardous waste are subject to Chapters 262--266, and 270 if a generator generates acute hazardous waste in a calendar month in quantities greater than the following:
(1) A total of 1 kilogram of acute hazardous wastes listed in § 261.31, § 261.32 or § 261.33(4) (relating to list of hazardous waste from nonspecific sources; list of hazardous waste from specific sources; and waste commercial chemical products, off-specification species, containers, container residues and spill residues thereof).
(2) A total of 100 kilograms of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water, of acute hazardous wastes listed in § 261.31, § 261.32 or § 261.33(4).
(f) For acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those set forth in subsection (e) to be excluded from this section, the generator shall comply with the following requirements:
(1) Section 262.11 (relating to hazardous waste determination).
(2) The generator may accumulate acute hazardous waste onsite. If the generator accumulates at any time acute hazardous wastes in quantities greater than those in subsection (e), all of those accumulated wastes are subject to Chapters 262--266 and 270. The time period established in § 262.34(a) (relating to accumulation) for accumulation of wastes onsite begins when the accumulated wastes exceed the applicable exclusion limit.
(3) The conditionally exempt small quantity generator may either treat or dispose of acute hazardous waste generated onsite at an onsite facility or ensure delivery to an offsite treatment, storage or disposal facility, either of which, if located in the United States, is:
(i) Permitted under Chapter 270 (relating to permit program) if the facility is located within this Commonwealth.
(ii) Provided interim status under Chapter 265 (relating to interim status standards for hazardous waste management facilities and permit program for new and existing hazardous waste management facilities) and Chapter 270 if the facility is located within this Commonwealth.
(iii) Authorized to manage hazardous waste by another state with a hazardous waste management program approved under 40 CFR Part 271 (relating to requirements for authorization of state hazardous waste programs).
(iv) Permitted, licensed or registered by another state to manage municipal or industrial solid waste.
(v) A facility which meets one or more of the following conditions:
(A) Benefically uses or reuses, or legitimately recycles or reclaims its waste.
(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
(vi) A universal waste handler or destination facility subject to the requirements of Chapter 266, Subchapters J--P, if the waste is a universal waste managed under Chapter 266, Subchapters J--P.
(g) For hazardous waste generated by a conditionally exempt small quantity generator in quantities of less than 100 kilograms of hazardous waste during a calendar month to be excluded from full regulation under this section, the generator shall comply with the following requirements:
(1) Section 262.11.
(2) The conditionally exempt small quantity generator may accumulate hazardous waste onsite. If the conditionally exempt small quantity generator accumulates at any time more than a total of 1,000 kilograms of hazardous wastes which were generated onsite, all of those accumulated wastes are subject to regulation under the special provisions of Chapter 262 (relating to generators of hazardous waste) applicable to generators of between 100 kg and 1,000 kg of hazardous waste in a calendar month as well as the requirements of Chapters 263--266 and 270. The time period established in § 262.34(e) for accumulation of wastes onsite begins for a conditionally exempt small quantity generator when the accumulated wastes exceed 1,000 kilograms.
(3) The conditionally exempt small quantity generator may either treat or dispose of hazardous waste generated onsite at an onsite facility or ensure delivery to an offsite treatment, storage or disposal facility, either of which, if located in the United States, is:
(i) Permitted under Chapter 270.
(ii) Provided interim status under Chapters 265 and 270.
(iii) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271.
(iv) Permitted, licensed or registered by another state to manage municipal or industrial solid waste.
(v) A facility which meets one or more of the following conditions:
(A) Benefically uses or reuses, or legitimately recycles or reclaims its waste.
(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
(vi) A universal waste handler or destination facility subject to the requirements of Chapter 266, if the waste is a universal waste managed under Chapter 266.
(h) Hazardous waste subject to the reduced requirements of this section may be mixed with nonhazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any of the characteristics of hazardous waste identified in Subchapter C (relating to characteristics of hazardous waste).
(i) If a person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes are mixed with waste oil, the mixture is subject to Chapter 266, Subchapter E (relating to waste oil burned for energy recovery), if it is destined to be burned for energy recovery. A material produced from such a mixture by processing, blending or other treatment is also so regulated if it is destined to be burned for energy recovery.
(Editor's Note: Section 261.8 has been omitted to retain parallelism with the Federal numbering system.)
§ 261.9. Requirements for universal waste.
The wastes listed in this section are exempt from regulation under Chapters 262--270 except as specified in Chapter 266 (relating to special standards for the management of certain hazardous waste activities and universal waste management) and, therefore are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under Chapter 266:
(1) Batteries as described in § 266.202 (relating to applicability--batteries).
(2) Pesticides as described in § 266.203 (relating to applicability--pesticides).
(3) Thermostats as described in § 266.204 (relating to applicability--thermostats).
(4) Other hazardous wastes or categories of hazardous waste determined by EPA to be universal wastes regulated under 40 CFR Part 273 (relating to standards for management of universal wastes).
(5) Other hazardous wastes or categories of hazardous waste determined by the Department to be universal wastes in accordance with Chapter 266, Subchapter P (relating to petitions to include other wastes under Chapter 266 as universal wastes).
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
