[27 Pa.B. 237]
[Continued from previous Web Page] (2) The Department will review the information submitted, make a determination regarding whether the pad has to be removed from service completely or partially until repairs and cleanup are complete, and notify the owner or operator of the determination and the underlying rationale in writing.
(3) Upon completing repairs and clean up, the owner or operator shall notify the Department in writing and provide a certification, signed by a qualified, registered professional engineer, that the repairs and clean up have been completed according to the written plan submitted in accordance with paragraph (1)(iv).
(n) The owner or operator shall maintain, as part of the facility operating record, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices and a description of treated wood storage and handling practices.
§ 265.504. Inspections.
(a) During construction or installation, liners and cover systems (for example, membranes, sheets or coatings) shall be inspected for uniformity, damage and imperfections (for example, holes, cracks, thin spots or foreign materials). Immediately after construction or installation, liners have to be inspected and certified as meeting the requirements of § 265.503 (relating to design and operating standards) by a qualified, registered professional engineer. The certification shall be maintained at the facility as part of the facility operating record. After installation, liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures or blisters.
(b) While a drip pad is in operation, it shall be inspected weekly and after storms to detect evidence of one or more of the following:
(1) Deterioration, malfunctions or improper operation of run-on and runoff control systems.
(2) The presence of leakage in and proper functioning of leakage detection systems.
(3) Deterioration or cracking of the drip pad surface.
§ 265.505. Closure.
(a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components--pad, liners and the like--contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in subsection (a), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform postclosure care in accordance with closure and postclosure care requirements that apply to landfills under § 265.310 (relating to closure and postclosure care). For permitted units, the requirement to have a permit continues throughout the postclosure period.
(c) The owner or operator of an existing drip pad, as defined in § 265.500 (relating to applicability), that does not comply with the liner requirements of § 265.503(b)(1) (relating to design and operating requirements) shall:
(1) Include in the closure plan for the drip pad under § 265.112 (relating to closure plan; amendment to plan) both a plan for complying with subsection (a) and a contingent plan for complying with subsection (b) in case not all contaminated subsoils can be practicably removed at closure.
(2) Prepare a contingent postclosure plan under § 265.118 (relating to postclosure plan; amendment of plan) for complying with subsection (b) in case not all contaminated subsoils can be practicably removed at closure.
(d) The cost estimates calculated under §§ 265.142 and 265.144 (relating to cost estimate for closure; and cost estimate for postclosure care) for closure and postclosure care of a drip pad subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent postclosure plan, but are not required to include the cost of expected closure under subsection (a).
Subchapter T. CONTAINMENT BUILDINGS Sec.
265.520. Applicability. 265.521. Design and operating standards. 265.522. Closure and postclosure care. § 265.520. Applicability.
This subchapter applies to owners or operators who store or treat hazardous waste in units designed and operated under § 265.521 (relating to design and operating standards). The owner or operator is not subject to the definition of land disposal in section 3004(k) of RCRA (42 U.S.C.A. § 6924(k)) if the unit:
(1) Is a completely enclosed, self-supporting structure that is designed and constructed of manmade materials of sufficient strength and thickness to support themselves, the waste contents, and personnel and heavy equipment that operate within the units, and to prevent failure due to pressure gradients, settlement, compression or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of the equipment with containment walls.
(2) Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel and handling equipment within the unit.
(3) Has, if the unit is used to manage liquids:
(i) A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier.
(ii) A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier.
(iii) A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting and removing leaks of hazardous constituents at the earliest possible time, unless the unit has been granted a variance from the secondary containment system requirements.
(4) Has controls as needed to prevent fugitive dust emissions.
(5) Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.
§ 265.521. Design and operating standards.
(a) Containment buildings shall comply with the following design standards:
(1) The containment building shall be completely enclosed with a floor, walls and a roof to prevent exposure to the elements--for example, precipitation, wind and run-on--and to assure containment of managed wastes.
(2) The floor and containment walls of the unit, including the secondary containment system if required under subsection (b), shall be designed and constructed of materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of the equipment with containment walls. The unit shall be designed so that it has sufficient structural strength to prevent collapse or other failure. Surfaces to be in contact with hazardous wastes shall be chemically compatible with those wastes. The Department will consider standards established by professional organizations generally recognized by the industry, such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM), in judging the structural integrity requirements of this subsection. If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for light-weight doors and windows that meet the following criteria:
(i) They provide an effective barrier against fugitive dust emissions under subsection (d)(1)(iv).
(ii) The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.
(3) Incompatible hazardous wastes or treatment reagents may not be placed in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode or otherwise fail.
(4) A containment building shall have a primary barrier designed to withstand the movement of personnel, waste and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.
(b) For a containment building used to manage hazardous wastes containing free liquids or treated with free liquids (the presence of which is determined by the paint filter test, a visual examination or other appropriate means), the owner or operator shall include:
(1) A primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier--for example, a geomembrane covered by a concrete wear surface.
(2) A liquid collection and removal system to prevent the accumulation of liquid on the primary barrier of the containment building.
(i) The primary barrier shall be sloped to drain liquids to the associated collection system.
(ii) Liquids and waste shall be collected and removed to minimize hydraulic head on the containment system at the earliest practicable time.
(3) A secondary containment system including a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier, and a leak detection system that is capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practicable time.
(i) The requirements of the leak detection component of the secondary containment system are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom slope of 1% or more.
(B) Constructed of a granular drainage material with a permeability of 1 x 10-2 cm/sec or more and a thickness of 12 inches (30.5 centimeters) or more, or constructed of synthetic or geonet drainage materials with a transmissivity of 3 x 10-5 m2/sec or more.
(ii) If treatment is to be conducted in the building, an area in which the treatment will be conducted shall be designed to prevent the release of liquids, wet materials or liquid aerosols to other portions of the building.
(iii) The secondary containment system shall be constructed of materials that are chemically resistant to the waste and liquids managed in the containment building and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by equipment used in the containment building. Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions. A containment building can serve as an external liner system for a tank, if it meets the requirements of § 265.193(d)(1) (relating to containment and detection of releases). In addition, the containment building shall meet the requirements of § 265.193(b) and (c) to be considered an acceptable secondary containment system for a tank.
(c) For existing units other than 90-day generator units, the Department may delay the secondary containment requirement for up to 2 years, based on a demonstration by the owner or operator that the unit substantially meets the standards of this subchapter. In making this demonstration, the owner or operator shall:
(1) Provide written notice to the Department by July 11, 1997. This notification shall describe the unit and its operating practices with specific reference to the performance of existing containment systems, and specific plans for retrofitting the unit with secondary containment.
(2) Respond to comments from the Department on these plans within 30 days.
(3) Fulfill the terms of the revised plans, if the plans are approved by the Department.
(d) Owners or operators of containment buildings shall:
(1) Use controls and practices to ensure containment of the hazardous waste within the unit, and, at a minimum:
(i) Maintain the primary barrier to be free of significant cracks, gaps, corrosion or other deterioration that could cause hazardous waste to be released from the primary barrier.
(ii) Maintain the level of the stored/treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded.
(iii) Take measures to prevent the tracking of hazardous waste out of the unit by personnel or by equipment used in handling the waste. An area shall be designated to decontaminate equipment and any rinsate shall be collected and properly managed.
(iv) Take measures to control fugitive dust emissions so that any openings (doors, windows, vents, cracks and the like) exhibit no visible emissions. Associated particulate collection devices (for example, fabric filter, electrostatic precipitator) shall be operated and maintained with sound air pollution control practices. This state of no visible emissions shall be maintained effectively at all times during normal operating conditions, including when vehicles and personnel are entering and exiting the unit.
(2) Obtain certification by a qualified registered professional engineer that the containment building design meets the requirements of subsections (a)--(c). For units placed into operation prior to February 18, 1993, this certification shall be placed in the facility's operating record (onsite files for generators who are not formally required to have operating records) no later than 60 days after the date of initial operation of the unit. After February 18, 1993, certification will be required prior to operation of the unit.
(3) Throughout the active life of the containment building, if the owner or operator detects a condition that could lead to or has caused a release of hazardous waste, shall repair the condition promptly, in accordance with the following procedures:
(i) Upon detection of a condition that has led to a release of hazardous waste--for example, upon detection of leakage from the primary barrier--the owner or operator shall:
(A) Enter a record of the discovery in the facility operating record.
(B) Immediately remove the portion of the containment building affected by the condition from service.
(C) Determine what steps have to be taken to repair the containment building, remove any leakage from the secondary collection system and establish a schedule for accomplishing the cleanup and repairs.
(D) Within 7 days after the discovery of the condition, notify the Department of the condition, and within 14 working days, provide a written notice to the Department with a description of the steps taken to repair the containment building, and the schedule for accomplishing the work.
(ii) The Department will review the information submitted, make a determination regarding whether the containment building has to be removed from service completely or partially until repairs and cleanup are complete, and notify the owner or operator of the determination and the underlying rationale in writing.
(iii) Upon completing repairs and cleanup, the owner or operator shall notify the Department in writing and provide a verification, signed by a qualified, registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with subparagraph (i)(D).
(4) Inspect and record in the facility's operating record, at least once every 7 days, data gathered from monitoring equipment and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.
(e) For a containment building that contains areas both with and without secondary containment, the owner or operator shall:
(1) Design and operate each area in accordance with the requirements in subsections (a)--(d).
(2) Take measures to prevent the release of liquids or wet materials into areas without secondary containment.
(3) Maintain in the facility's operating record a written description of the operating procedures used to maintain the integrity of areas without secondary containment.
(f) Notwithstanding any other provision of this subchapter, the Department may waive requirements for secondary containment for a permitted containment building where the owner or operator demonstrates that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements, and where containment of managed wastes and liquids can be assured without a secondary containment system.
§ 265.522. Closure and postclosure care.
(a) At closure of a containment building, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components including liners, contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless § 261.3(d) (relating to definition of hazardous waste) applies. The closure plan, closure activities, cost estimates for closure and financial responsibility for containment buildings shall meet the requirements specified in Subchapters G and H (relating to closure and postclosure; and financial requirements).
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures and equipment as required in subsection (a), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform postclosure care in accordance with the closure and postclosure requirements that apply to landfills under § 265.310 (relating to closure and postclosure care). In addition, for the purposes of closure, postclosure and financial responsibility, such a containment building is then considered to be a landfill, and the owner or operator shall meet the requirements for landfills specified in Subchapters G and H.
CHAPTER 266. SPECIAL STANDARDS FOR THE MANAGEMENT OF CERTAIN HAZARDOUS WASTE ACTIVITIES
Subchapter C. HAZARDOUS WASTE RECYCLED BY BEING USED IN A MANNER CONSTITUTING DISPOSAL § 266.24. Use constituting disposal; standards applicable to users.
(a) Owners or operators of facilities that use materials in a manner that constitutes disposal are regulated under Chapter 264, Subchapters A--N; Chapter 265, Subchapters A--N and R and Chapter 270; the notification requirements under § 261.41 (relating to notification of hazardous waste activities); the financial responsibility requirements of Chapter 267 (relating to financial responsibility requirements for hazardous waste storage, treatment and disposal facilities); and the siting criteria of Chapter 269 (relating to siting). These requirements do not apply to products which contain these recyclable materials that have received the Department's written approval under § 266.20(b) (relating to applicability).
(b) The use of waste, waste oil or other material, which is contaminated with dioxin or another hazardous waste or hazardous constituent for dust suppression or road treatment is prohibited.
Subchapter D. HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY § 266.30. Applicability.
(a) This subchapter applies to hazardous wastes that are burned for energy recovery. Hazardous wastes burned for energy recovery are termed ''hazardous waste fuel.'' Fuel produced from hazardous waste by processing, blending or other treatment is also hazardous waste fuel.
(b) Hazardous waste having less than 8,000 Btus per pound is not a fuel and may be burned only in a permitted hazardous waste incinerator, except as provided in subsections (c), (e) and (f).
(c) Hazardous waste having more than 5,000 Btus per pound may be burned by the generator as fuel if the moisture content of the waste is the sole reason that the Btu value is below 8,000 Btus per pound.
(d) Blending or mixing is not allowed to meet the halogen content, or the Btu value in subsection (b), though hazardous wastes that exceed the values may be blended or mixed under a treatment permit issued by the Department.
(e) Hazardous wastes burned in boilers or industrial furnaces are currently regulated by the EPA, under the Hazardous and Solid Waste Amendments of 1984, at 40 CFR 266 Subpart H (relating to hazardous waste burned in boilers and industrial furnaces effective August 21, 1991). Persons or municipalities managing hazardous wastes burned for energy recovery are advised to comply with 40 CFR 266 Subpart H and related regulations in addition to the regulations in this article. Until the facility has an EPA permit under 40 CFR 266 Subpart H, it shall comply with this subchapter as well. After the EPA permit is obtained, the burning of hazardous waste fuel at the facility is no longer required to comply with this subchapter, except for the requirements of § 266.35(3) (relating to standards applicable to burners of hazardous waste fuel).
(f) The Department will lower the 8,000 Btu per pound requirement of subsection (b) to 5,000 Btu per pound if the facility demonstrates complete compliance with 40 CFR 266.104--266.112, prior to the issuance of the EPA boiler and industrial furnace permit.
§ 266.35. Standards applicable to burners of hazardous waste fuel.
Owners and operators of industrial furnaces and boilers identified in § 266.31(b) (relating to prohibitions) that burn hazardous waste fuel are ''burners'' and are subject to the following requirements:
(1) Prohibitions. The prohibitions under § 266.31 apply.
(2) Notification. Notification requirements under § 261.41 (relating to notification of hazardous waste activities) for hazardous waste fuel activities apply. Even if a burner has previously notified the Department or the EPA of his HWM activities and obtained an identification number, the burner shall renotify to identify his hazardous waste fuel activities.
(3) Storage.
(i) For short-term accumulation by generators who burn hazardous waste fuel onsite, § 262.34 (relating to accumulation) applies.
(ii) For existing storage facilities, Chapter 265, Subchapters A--L and Chapters 267, 269 and 270 apply.
(iii) For new storage facilities, the applicable provisions of Chapter 264, Subchapters A--L and Chapters 267, 269 and 270 apply.
(4) Required notices. Before a burner accepts the first shipment of hazardous waste fuel from a marketer, the burner shall provide the marketer with a one-time written and signed notice certifying that the burner:
(i) Has notified the EPA and the Department under § 261.41 and identified his waste-as-fuel activities.
(ii) Will burn the fuel only in a boiler or furnace identified in § 266.31(b).
(5) Recordkeeping. In addition to the applicable recordkeeping requirements of Chapters 264 and 265 (relating to new and existing hazardous waste management facilities applying for a permit; and interim status standards for hazardous waste management facilities and permit program for new and existing hazardous waste management facilities), a burner shall keep a copy of each certification notice that he sends to a marketer for 3 years from the date he last receives hazardous waste fuel from the marketer.
(6) Permits. A burner operating or proposing to operate an industrial or utility boiler or industrial furnace which burns hazardous waste fuels is not required to obtain an HWM permit for the construction or operation of the air contamination sources. The facility is required to obtain approval and a permit from the Department's Bureau of Air Quality. A facility within Allegheny or Philadelphia Counties may substitute the approval of the Allegheny County Health Department's Bureau of Air Pollution Control or Philadelphia's Department of Public Health Air Management Service for Department Bureau of Air Quality approval. Written approval or a plan approval and operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources) by the Bureau of Air Quality shall be deemed to constitute an HWM permit for the construction or operation of the air contamination source under this subsection. In addition, burners are subject to the following:
(i) Submission of a hazardous waste derived fuels analysis containing, at minimum, the information required under § 264.12 or § 264.13 (relating to general requirements for hazardous waste management approvals and analyses for specific waste from a specific waste generator; and Generic Module I applications) or as otherwise specified by the Department is required.
(ii) Submission of forms specified by the Bureau of Waste Management and Water Quality Management for approval to dispose of bottom ashes, fly ashes, scrubber waste residues, scrubber residues or other residues is required.
Subchapter E. WASTE OIL BURNED FOR ENERGY RECOVERY § 266.40. Applicability.
(a) General. This subchapter applies to waste oil that is burned for energy recovery in a boiler or industrial furnace that is not regulated under Chapter 264, Subchapter O or Chapter 265, Subchapter O (relating to incinerators) except as provided by subsections (c) and (e). The waste oil is termed ''waste oil fuel.'' Waste oil fuel includes fuel produced from waste oil by processing, blending or other treatment.
(b) Heating value and permit requirements.
(1) Waste oil having less than 8,000 Btus per pound is not a fuel, and if hazardous, may be burned only in a hazardous waste incinerator, or an EPA permitted boiler or industrial furnace.
(2) Except as provided in subsection (d), the blending or mixing of waste oils that are hazardous under Chapter 261 (relating to criteria, identification and listing of hazardous waste) is allowed only under a hazardous waste treatment permit. This does not preclude a generator from storing compatible waste oils in a single tank prior to disposal or recycling. Waste oil that is either nonhazardous or that is identified in subsection (d) may be blended or mixed with other nonhazardous waste oil under a residual waste processing permit.
(c) Waste oil mixed with hazardous waste. Except as provided by subsection (d)(2), waste oil that is mixed with hazardous waste and burned for energy recovery is subject to regulation as hazardous waste fuel under Subchapter D (relating to hazardous waste burned for energy recovery).
(d) Waste oil burned for energy recovery. Waste oil burned for energy recovery is subject to regulation under this subchapter rather than as hazardous waste fuel under Subchapter D if it is a hazardous waste solely because it does one of the following:
(1) Exhibits a characteristic of hazardous waste identified in Chapter 261, Subchapter C (relating to characteristics of hazardous waste), if it is not mixed with a hazardous waste.
(2) Contains hazardous waste generated only by a person subject to the special requirements for conditionally exempt small quantity generators under § 261.5 (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators).
(e) Waste oil burned for energy recovery, and fuel produced from waste oil by processing, blending or other treatment, is subject to this subchapter unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in the following table. Waste oil fuel that does not exceed the specifications in the following table is termed ''on-specification waste oil fuel'' and is subject only to the requirements of this section and the analysis and recordkeeping requirements under § 266.43(b)(1) and (6) (relating to standards applicable to marketers of waste oil burned for energy recovery). Waste oil fuel that exceeds any specification level is termed ''off-specification waste oil fuel'' and subject to the requirements of this subchapter. Applicable standards for burning used oil containing PCBs are imposed by 40 CFR 761.20(e) (relating to prohibitions for PCBs)
Constituent/Property Allowable Level Arsenic Maximum 5 ppm Cadmium Maximum 2 ppm Chromium Maximum 10 ppm Lead Maximum 100 ppm Total halogens Maximum 1,000 ppm Flash point Minimum 100°F (38°C) (f) Storage and transportation of waste oil fuel shall comply with Chapter 299 (relating to the storage and transportation of residual waste).
(g) Burners of waste oil fuel shall comply with the applicable residual waste permitting requirements for the burning of waste oil (Chapter 287 (relating to residual waste management--general provisions)).
§ 266.41. Prohibitions.
(a) A person may market off-specification waste oil for energy recovery only to burners:
(1) Or other marketers who have notified the EPA and the Department of their waste oil management activities stating the location and general description of the activities, and who have an EPA identification number.
(2) Who burn the waste oil in an industrial furnace or boiler identified in subsection (b) and have a plan approval and operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources) from the Bureau of Air Quality Control, or written approval from the Bureau of Air Quality Control if the fuel is burned in Allegheny or Philadelphia Counties if Allegheny or Philadelphia County is issued first.
(b) Off-specification waste oil may be burned for energy recovery in only the following devices:
(1) Industrial furnaces identified in § 260.2 (relating to definitions).
(2) Boilers, as defined in § 260.2, that are identified as one of the following:
(i) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes.
(ii) Utility boilers used to produce electric power, steam or heated or cooled air or other gases or fluids for sale.
(iii) Waste oil-fired space heaters if:
(A) The heater burns only waste oil that the owner or operator generates or waste oil received from do-it-yourself oil changers who generate waste oil as household waste.
(B) The heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour.
(C) The combustion gases from the heater are vented to the ambient air.
§ 266.43. Standards applicable to marketers of waste oil burned for energy recovery.
* * * * * (b) Marketers are subject to the following requirements:
* * * * * (4) Invoice system.
* * * * * (ii) Waste oil that meets the definition of ''hazardous material'' in 49 CFR 171.8 (relating to definitions and abbreviations) shall be shipped in accordance with the applicable United States Department of Transportation Hazardous Materials Regulations at 49 CFR Parts 171--180 (relating to research and special programs administration, Department of Transportation).
* * * * * (6) Recordkeeping.
(i) Waste oil fuel that meets the specification. A marketer who first claims under subsection (b)(1) that waste oil fuel meets the specification shall keep copies of analyses, or other information relied upon to make the determination, of waste oil for 3 years. The waste oil fuel is not subject to further regulation, unless it is subsequently mixed with hazardous waste or unless it is mixed with waste oil so that it no longer meets the specification. The marketers shall also record in an operating log and keep for 3 years the following information on each shipment of waste oil fuel that meets the specification:
* * * * * (D) A cross reference to the record of waste oil analysis, or other information relied upon to make the determination that the oil meets specification, required under this subparagraph.
* * * * *
Subchapter H. ONSITE RECLAMATION § 266.90. Applicability and requirements.
(a) Owners or operators of facilities that reclaim hazardous waste onsite, at the site where it is generated are deemed to have a recycling permit for the reclamation and are subject to the notification requirements of § 261.41 (relating to notification of hazardous waste activities) and the requirements of Chapter 262 and Chapter 264, Subchapters A--E and I--L except as provided in § 264.1 (relating to scope).
(b) Owners or operators of facilities storing hazardous waste onsite in tanks, containers or containment buildings under this subchapter are deemed to have a hazardous waste storage permit for the storage of hazardous waste prior to reclamation and are subject to the notification requirements of § 261.41 and Chapter 264, Subchapters A--D, I, J and T, except as provided in § 264.1.
(c) For the purposes of this section, 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 § 262.20 (relating to manifest).
(d) 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 subchapter without the reclamation of the wastes resulting in the loss of onsite reclamation status under this subchapter.
(e) 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 requirements of subsection (a) 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.
§ 266.91. (Reserved).
§ 266.104. Reporting.
In addition to the information required by § 264.75(e) (relating to biennial report), owners or operators shall submit the following information to the Department:
(1) A description of each waste, including the EPA hazardous waste number and the process generating the waste.
(2) The volume of waste generated and reclaimed during the reporting period.
(3) A description of the equipment and process used to reclaim the waste.
(4) A description of the ultimate use of the reclaimed material.
(5) A description of how long the waste is accumulated prior to reclamation and the method of accumulation.
(6) The portion of the Pollution Prevention and Control (PPC) plan which describes how the reclamation equipment, accumulation area and related waste conveyance systems will be managed to prevent spills or releases, how spills will be contained and how cleanup will be effectuated.
CHAPTER 270. PERMIT PROGRAM
PERMIT APPLICATION REQUIREMENTS § 270.11. General application requirements.
(a) A person or municipality required to have a permit--including a new applicant and permittee with an expiring permit--shall complete, sign and submit an application to the Department as described in Chapter 265, Subchapter R (relating to hazardous waste management permit program) and in this chapter. A person or municipality owning or operating a facility currently having interim status shall apply for permits when required by the Department. A person or municipality covered by hazardous waste management permits-by-rule need not apply for individual permits so long as they comply with applicable requirements for a permit-by-rule. Procedures for application, issuance and administration of research, development and demonstration permits are found exclusively in § 270.4 (relating to research, development and demonstration permits).
(b) The permit applicant shall comply with the signature and certification requirements of § 265.443 (relating to certification by responsible official).
(c) When a facility or activity is owned by one person or municipality but is operated by another person or municipality, the operator shall obtain a permit. The owner shall also sign the permit application submitted by the operator.
(d) An applicant for hazardous waste management permits shall provide applicable information required in Chapter 265, Subchapter R and § 270.12 (relating to contents of Part A permit applications) and shall supply the information on application forms specified by the Department.
(e) The Department will not process a permit unless it has received a complete application for a permit. An application for a permit is complete when the Department receives the information required by § 265.441 (relating to general permit application requirements).
(f) The owner or operator of a hazardous waste management facility with an effective permit shall submit a new complete application to the Department at least 180 days before the expiration date of the effective permit, unless permission for a later date is obtained in writing by the Department. An application may not be submitted later than the expiration date of the existing permit.
* * * * * § 270.13. Standard conditions for permits.
* * * * * (b) The following conditions apply to hazardous waste management permits, and shall be incorporated into permits either expressly or by reference. If incorporated by reference, a specific citation to this article will be given in the permit.
* * * * * (11) The permittee shall retain all records of monitoring information, including calibration and maintenance records and original strip chart recordings for continuous monitoring instrumentation, copies of reports required by the act, this article or the permit, and records of data used to complete the application for this permit, for at least 3 years from the date of the sample, measurement, report or application. The permittee shall retain the records for a longer period of time if requested by the Department. The permittee shall maintain records of groundwater quality and groundwater surface elevations for the active life of the facility and during the postclosure care period as well, and shall make these records available to the Department upon request.
* * * * *
PERMIT MODIFICATION, REVOCATION AND REISSUANCE § 270.31. Causes for permit modification or revocation and reissuance.
* * * * * (c) The Department may also modify a permit without following the procedures under § 270.33 (relating to procedures for permit issuance, modification, revocation and reissuance or revocation) when:
(1) The modification is considered a minor modification. Minor modifications are changes to the design or operation of a facility for which the Department determines that no actual change to the permit is needed. The changes shall only include the following:
* * * * * (vi) Changes that the Department determines are minor, are consistent with and no less stringent than modifications listed in 40 CFR 270.42 Appendix I (relating to minor modifications of permits) and will enhance or improve the treatment, storage or disposal operation at the facility.
* * * * * § 270.33. Procedures for permit issuance, modification, revocation and reissuance or revocation.
* * * * * (o) The Department will follow the following procedures if it modifies, revokes and reissues, or revokes a permit:
* * * * * (3) If the Department tentatively decides to modify or revoke and reissue a permit under § 270.31(a) and (b), it will prepare a draft permit under subsections (g)--(i) incorporating the proposed changes. The Department may request additional information from the permittee and may require the permittee to submit an updated permit application. In the case of revoked and reissued permits, the Department will require the submission of a new application. The permittee shall submit additional information or an updated or new application under a request by the Department within the time specified by the Department.
* * * * * (6) Minor modifications under § 270.31(c)(1) are not subject to the requirements of this section.
PUBLIC NOTICE AND HEARINGS § 270.41. Public notice and comment requirements.
* * * * * (d) The Department will give public notice of activities described in subsection (a) by the following methods:
(1) By mailing a copy of a notice to the following (persons otherwise entitled to receive notice under this paragraph may waive the right to receive notice for classes and categories of permits):
* * * * * (iii) An appropriate Federal or State agency with jurisdiction over fish, shellfish and wildlife resources or coastal zone management plans, State Historic Preservation Officers, Advisory Council on Historic Preservation, other appropriate government authorities including affected states, and Indian tribes.
* * * * * § 270.60. Permits by rule.
Notwithstanding other provisions of this chapter, the following shall be deemed to have a hazardous waste management permit if the conditions listed are met:
(1) Ocean disposal barge or vessels in compliance with § 270.1(d) (relating to the hazardous waste permit program).
(2) Injection wells in compliance with § 270.1(e).
(3) Publicly owned treatment works in compliance with § 265.432 (relating to POTWS).
(4) Elementary neutralization units in compliance with § 265.433 (relating to neutralization treatment units).
(5) Wastewater treatment units in compliance with § 265.433.
(6) Generator treatment in compliance with § 265.435 (relating to generator treatment).
(7) Hazardous waste recycling activities in compliance with §§ 266.70, 266.80, 266.90 and 266.100.
[Pa.B. Doc. No. 97-72. Filed for public inspection January 10, 1997, 9:00 a.m.]
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