RULES AND REGULATIONS
Title 25--ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[25 PA. CODE CHS. 261, 262 and 264--266]
Hazardous Waste Management--Universal Waste Rule
[27 Pa.B. 2889]
The Environmental Quality Board (Board) by this order amends the Department of Environmental Protection's (Department) regulations governing the management of hazardous waste by amending Chapters 261, 262 and 264--266. These amendments are set forth in Annex A.
This order was adopted by the Board at its meeting of March 18, 1997.
A. Effective Date
These amendments are effective immediately upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information, contact Rick Shipman, 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, telephone: (717) 787-6239, or electronic mail Shipman.Rick@a1.dep.state.pa.us 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, telephone: (717) 787-7060, or electronic mail Roda.Marc@a1.dep.state.pa.us. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This final rulemaking is available electronically through the DEP Website (http://www.dep.state.pa.us).
C. Statutory Authority
The final rulemaking is being made under the authority of section 5 of The Clean Streams Law (35 P. S. § 691.105); section 105 of the Solid Waste Management Act (35 P. S. § 6018.105); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20). Section 5 of The Clean Streams law directs the Department to adopt rules and regulations necessary to implement the act. Under section 105 of the Solid Waste Management Act, the Board has the power and duty to adopt rules and regulations that are necessary to carry out the purposes of the Solid Waste Management Act which includes the management of hazardous waste to protect the public's health, safety, and welfare, as well as protect the environmental resources of this Commonwealth. Section 1920-A of The Administrative Code of 1929 grants the Board the authority to promulgate rules and regulations that are necessary for the proper work of the Department.
D. Background and Summary
These regulatory amendments add the Universal Waste Rule to the Department's hazardous waste management regulations. The Universal Waste Rule is a set of environmentally protective, simplified standards for the management of certain wastes identified as universal wastes. 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.
This rule will facilitate the recycling of spent batteries and mercury-containing thermostats, and the disposal of recalled pesticides, while ensuring that the environment and the public's health, safety and welfare are adequately protected.
This final-form rulemaking also aligns more closely the Department's regulations with the Federal program. The Universal Waste Rule adopted by the Board is essentially equivalent to the Universal Waste Rule adopted by the Environmental Protection Agency (EPA), 40 CFR Part 273 (relating to standards for universal waste management).
This final-form rule amends Chapter 266 (relating to special standards for certain hazardous waste activities) by adding six subchapters defining the universal waste program. These subchapters are: J (relating to general); K (relating to standards for small quantity handlers of universal waste); L (relating to standards for large quantity handlers of universal waste); M (relating to standards for universal waste transporters); N (relating to standards for destination facilities); O (relating to import requirements); and P (relating to petitions to include other wastes under Chapter 266 as universal wastes). In addition, there are some technical amendments to Chapter 261 (relating to criteria, identification and classification of hazardous waste); §§ 262.10(a) (relating to scope); 264.1(c) (relating to scope); 265.1(c) (relating to scope); and 266.80 (relating to reclaimed spent lead acid batteries: applicability and requirements).
The following table is a simplified overview of the 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.
OVERVIEW OF UNIVERSAL WASTE REGULATIONS1
| Small Quantity | Large Quantity | | |
|---|
| Universal Waste | Handlers of Universal | Handlers of Universal | Universal Waste | Destination |
|---|
| Requirements | Waste | Waste | Transporters | Facilities |
|---|
| Prohibitions | § 266.211 | § 266.231 | § 266.251 | Comply with RCRA TSDF requirements |
| Notification | § 266.212
NO REQUIREMENTS | § 266.232 | Comply with DOT requirements | Comply with RCRA TSDF requirements |
| Waste Management Requirements | § 266.213 | § 266.233 | § 266.252 Comply with DOT requirements | Comply with RCRA TSDF requirements |
| Labeling/Marking | § 266.214 | § 266.234 | Comply with DOT requirements | Comply with RCRA TSDF requirements |
| Storage Time Limits | § 266.215
1 YEAR LIMIT | § 266.235
1 YEAR LIMIT | § 266.253
10 DAY LIMIT | Comply with RCRA TSDF requirements |
| Employe Training | § 266.216 DISTRIBUTE INFO | § 266.236
ENSURE FAMILIARITY | Comply with DOT requirements | Comply with RCRA TSDF requirements |
| Response to Releases | § 266.217 | § 266.237 | § 266.254 | Comply with RCRA TSDF requirements |
| Offsite Shipments | § 266.218 | § 266.238 | § 266.255 Comply with DOT requirements | § 266.261 |
| Tracking | § 266.219
NO REQUIREMENTS | § 266.239 | Comply with DOT requirements | § 266.262 |
| Export Requirements | § 266.220 | § 266.240 | § 266.256 | None |
1 Gray shading indicates that there are applicable regulations in Chapter 266, Subchapters K through O.
Wastes Covered Under the Universal Waste Rule
The Universal Waste Rule is designed to apply to certain widely generated hazardous wastes that are not appropriately managed under the existing regulations. Three types of wastes are defined as a universal waste. These wastes are: nickel cadmium and other batteries, hazardous waste pesticides that are either recalled or collected in a waste pesticide collection program, and mercury-containing thermostats. Additional types of hazardous waste can also be managed in a manner consistent with the Universal Waste Rule if they are added to the EPA's Universal Waste Rule or if they are added to Pennsylvania's Universal Waste Rule by the rulemaking petition process.
Nothing in this rule negatively impacts the Pennsylvania Department of Agriculture's CHEMSWEEP program. It also does not conflict with the Federal Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C.A. §§ 14301--14336).
Universal Waste Handler
A key participant in the universal waste system is the universal waste handler. A universal waste handler is a person who either generates universal waste or who accumulates universal waste for transfer to another facility (collection facility). Except for some basic management activities, a universal waste handler cannot treat/recycle, or dispose of a universal waste.
There are two types of universal waste handlers, large and small quantity handlers. The distinction between a large quantity handler of universal waste (LQHUW) and a small quantity handler of universal waste (SQHUW) is the amount of waste accumulated onsite at any time. A universal waste handler that accumulates at any time onsite 5,000 kg or more total of universal wastes is an LQHUW.
An SQHUW that any one time accumulates 5,000 or more kgs becomes an LQHUW for the remainder of the calendar year. In the following year, the handler can operate as an SQHUW provided it does not accumulate onsite 5,000 kgs or more at any time.
It is anticipated that the SQHUW category with its reduced management standards will facilitate the creation of universal waste collection facilities for consumers and small businesses. These collectors will 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. As a result, the standards for SQHUWs will ensure that the environment and the public is protected and will minimize the cost of operating a universal waste collection facility.
The requirements applicable to LQHUWs and SQHUWs are found in Subchapters K and L. Most of the requirements are the same for SQHUWs and LQHUWs. The discussion will indicate when LQHUWs and SQHUWs are subject to different standards.
The Universal Waste Rule creates a Permit-By-Rule (PBR) for the management of universal waste by a universal waste handler. The universal waste handler obtains this PBR by complying with the applicable requirements for an LQHUW or an SQHUW.
This PBR was created to satisfy sections 401 and 501 of the Solid Waste Management Act (35 P. S. §§ 6018.401 and 6018.501) which require a permit for the storage and treatment of hazardous waste. This is because a universal waste handler is authorized to conduct some activities, such as draining batteries and removing mercury ampules from thermostats, that constitute treatment under the Solid Waste Management Act.
This PBR makes the Department's Universal Waste Rule different, but not more stringent than the EPA's Universal Waste Rule. The EPA exempts universal waste handlers from the requirement to obtain a permit. Nonetheless, the Department's Universal Waste Rule is not more stringent than the EPA's Universal Waste Rule because a universal waste handler is subject to the same requirements under both rules.
In general, universal waste handlers are only authorized to collect, store and package for shipping universal waste. The universal waste must be stored and packaged in a manner that prevents releases to the environment. Except for the draining of batteries and the removal of mercury ampules from thermostats, a universal waste handler is prohibited from treating or disposing of universal wastes.
LQHUWs and SQHUWs are subject to different notification requirements. Only LQHUWs are required to notify the Department and the EPA of their universal waste handling activities. SQHUWs are not subject to this notification requirement.
Universal waste handlers are required to label and mark all shipping containers. The label must identify the material contained therein either as a universal waste, a waste or a used material.
Universal waste handlers can store universal waste for up to 1 year. This time limit may be exceeded if additional time is necessary solely to facilitate the proper recycling or disposal of the waste. Universal waste handlers must be able to demonstrate the length of time the waste has been accumulated.
SQHUWs and LQHUWs are subject to different training requirements. SQHUWs are only required to distribute basic handling and emergency information to employees handling universal waste. LQHUWs are required to ensure that employes are familiar with waste handling and emergency procedures as appropriate, based on their responsibilities.
Universal waste handlers must immediately contain any releases of universal waste and other residues from universal waste. Universal waste handlers must characterize the materials generated by the release. If this material is determined to be hazardous, then it is managed in accordance with the hazardous waste regulations. Universal waste handlers assume generator responsibility for the material generated by the release.
Universal waste handlers can only send or receive universal waste from another handler, destination facility or a foreign destination. Universal waste handlers who self-transport universal waste must comply with the universal waste transporter requirements. Also, any universal waste that is a United States Department of Transportation (U.S. DOT) hazardous material must be shipped in accordance with the applicable U.S.DOT regulations, 49 CFR Parts 171--180.
Prior to shipping universal waste, the originating universal waste handler must ensure that the receiving facility will accept the shipment. The originating handler is also responsible for receiving any load or partial load that has been rejected by the receiving facility. However, the originating handler and the receiving facility can jointly agree upon another destination facility to receive the rejected load.
Universal waste handlers that receive a shipment of hazardous waste that is not a universal waste, must immediately notify the appropriate Department regional office. The regional office will provide instructions on managing the hazardous waste. Shipments of nonhazardous waste are to be managed in accordance with the applicable municipal or residual waste regulations.
SQHUWs and LQHUWs are subject to different tracking requirements. SQHUWs are not required to keep records of shipments of universal waste. LQHUWs are required to document each shipment received and sent from the facility. This documentation can take the form of a log, invoice, manifest, bill of lading or other shipping document. The documentation must identify the facility sending or receiving the shipment, the quantity of each type of universal waste being shipped, and the date the shipment was sent or received. LQHUWs must retain these documents for 3 years after the shipment was received or sent. Universal waste handlers exporting universal waste to a foreign destination must comply with the requirements of Chapter 262, Subchapter E (relating to exports of hazardous waste). The applicable requirements for primary exporters in 40 CFR Part 262 (relating to standards applicable to generators of hazardous waste) must also be satisfied.
Universal Waste Transporters
Another participant in the universal waste system is the universal waste transporter. Universal waste transporters are persons engaged in the transportation of universal waste. The requirements applicable to universal waste transporters are found in Subchapter M.
Persons who transport universal waste in accordance with the requirements of Subchapter M are deemed to have a universal waste transporters license. This license-by-rule implements section 501 of the Solid Waste Management Act (35 P. S. § 6018.501) which requires that hazardous waste be transported by a licensed transporter.
The granting of a license makes the Department's Universal Waste Rule slightly different from, but not more stringent than, the EPA's Universal Waste Rule. As with all other hazardous waste transporters, the EPA Universal Waste Rule does not require universal waste transporters to obtain a license. The Department's Universal Waste Rule is not more stringent than EPA's Universal Waste Rule because the two rules have the same requirements.
Universal waste transporters are prohibited from disposing of, diluting or treating universal waste. This prohibition is not applicable to treatment activities necessary to respond to a release.
Universal waste transporters are subject to the U. S. DOT requirements for transporting hazardous materials. The U. S. DOT hazardous material category of ''hazardous waste'' is not applicable to universal wastes. The U. S. DOT hazardous material classification for hazardous wastes only applies to materials subject to the EPA's manifest requirements. Universal wastes are not required to be manifested. Only those universal wastes that meet a specific U. S. DOT hazardous material category are subject to the U. S. DOT regulations. The shipping papers accompanying these materials must describe the material by the U. S. DOT proper shipping name. The words ''hazardous waste'' or ''waste'' cannot be added to the shipping name.
Universal wastes can be stored for up to 10 days at a universal waste transfer facility without the transporter having to comply with any additional requirements. A universal waste transporter who complies with the applicable universal waste handler requirements can store universal wastes for more than 10 days.
A universal waste transporter must immediately contain any releases of universal waste. The transporter must characterize the materials generated by the release. If this material is determined to be hazardous, it is managed under the hazardous waste regulations. The transporter assumes generator responsibility for this material.
A transporter cannot knowingly accept a shipment of universal waste destined for export that does not conform to the EPA acknowledgement of consent. In addition, the transporter must ensure that the shipment is accompanied with the EPA acknowledgement of consent and is delivered to the designated facility.
Destination Facilities
A destination facility is any facility that treats/recycles or disposes of universal waste. Except as modified by Subchapter N (relating to standards for destination facilities), a destination facility is subject to the applicable regulations for a hazardous waste treatment/recycling, or disposal facility.
A shipment of universal waste can be rejected, in whole or in part, by the owner or operator of a destination facility. The owner or operator of the destination facility must notify the shipper of the rejected load. The rejected load can be returned to the shipper. Alternatively, if the shipper agrees, the rejected load can be sent to another destination facility.
If a destination facility receives a shipment of hazardous waste that is not a universal waste, the owner or operator must immediately notify the appropriate regional office of the Department. The regional office will provide the owner or operator with instructions on managing the hazardous waste. Any shipments of non-hazardous waste are to be managed in accordance with the applicable municipal or residual waste regulations.
The owner or operator of a destination facility must document each shipment of universal waste received at the facility. The documentation can take the form of a log, invoice, manifest, bill of lading or other shipping document. The documentation must identify the shipper, quantity of each type of universal waste received and the date the shipment was received. These records are to be retained for 3 years from the date of receiving the shipment.
Import Requirements
Subchapter O contains the standards applicable to universal waste shipped from a foreign country. In short, once universal waste from a foreign country enters this Commonwealth, it is managed like universal waste generated within this Commomwealth.
Including Additional Hazardous Wastes Under the Universal Waste Rule
Subchapter P creates two mechanisms for adding new types or categories of hazardous waste to the Universal Waste Rule. These mechanisms are incorporated by reference and a rulemaking petition process.
The incorporation by reference provision automatically amends the Department's Universal Waste Rule to include any changes to the EPA's Universal Waste Rule. Thus, any new type or category of hazardous waste added to the EPA Universal Waste Rule is automatically added to the Department's Universal Waste Rule.
The rulemaking petition process contains procedures and criteria applicable to petitions to the Board and the Department to amend the Universal Waste Rule to add another type or category of universal waste. This petition process differs from the proposed petition process in that a successful petition results in an amendment to the Universal Waste Rule rather than a determination by the Department that the hazardous waste can be managed like a universal waste. This change has been made to address concerns raised by the EPA and the Independent Regulatory Review Commission (IRRC).
Rather than just the Department determining the merits of a petition, Chapter 266, Subchapter P has been revised to have the Department and the Board evaluate the petition. This evaluation will still be based upon the factors listed in § 266.281 (relating to factors for petitions to include other wastes under Subchapters J--O). Some of the more important factors are whether: the hazardous waste is generated by a wide variety of generators; the hazardous waste is generated by a large number of generators and is frequently generated in relatively small quantities by each generator; the applicable management standards will be protective of human health and the environment; and whether managing the hazardous waste as a universal waste will increase the likelihood that the hazardous waste will be recycled, treated or disposed of properly.
Section 266.280(f), which stated that the Department could initiate the petition process, is unnecessary and has been deleted. The Department, on its own initiative, can request the Board to amend the Universal Waste Rule.
Section 266.282 (relating to public notice and review of petitions) sets forth the process for reviewing these petitions. The Department still determines whether the petition is administratively complete; See § 266.282 (a). The Department will then publish in the Pennsylvania Bulletin a notice that it has received an administratively complete rulemaking petition to add another type or category of hazardous waste to the Universal Waste Rule. Subsection (b) gives interested parties 60 days to submit comments concerning the proposed action. After reviewing all comments the Department will submit to the Board a recommendation whether or not to amend the Universal Waste Rule in a manner consistent with the proposed action.
The proposed and final-form regulations contain a number of provisions identifying those hazardous wastes which can be managed under the Universal Waste Rule. In the proposed regulations, these provisions contained language to include types or categories of hazardous wastes determined by the Department, pursuant to the petition process, that could be managed like a universal waste. This language is now unnecessary because successful petitions will result in an amendment to the Department's regulations. Therefore, §§ 261.9(5) (relating to requirements for universal wastes); 264.1(c)(10)(v) and 265.1(c)(11)(v) (both relating to scope); 266.201(5) (relating to scope); 266.206 definition of ''universal waste'' subsection (v) (relating to definitions); 266.213(d) and 266.233(d) (relating to waste management); and 266.234(5) (relating to labeling/marking) are deleted.
By including this rulemaking petition process in the Universal Waste Rule, once the Universal Waste Rule becomes part of Pennsylvania's authorized program, any new type or category of hazardous waste added to the Universal Waste Rule, through the petition process, becomes part of Pennsylvania's authorized program. The rulemaking petition process contains all the procedural and substantive requirements found in the EPA's Universal Waste Rule petition process. The EPA is encouraging states to include this petition process in their own Universal Waste Rule. Additional wastes deemed universal wastes under the petition process become part of the state's authorized program.
Miscellaneous Amendments
The Universal Waste Rule, like the EPA's Universal Waste Rule, exempts hazardous wastes managed as a universal waste from the quantity determination used to qualify for conditionally exempt small quantity generator status. This exemption should encourage generators to participate in the universal waste program. The other amendments to Chapters 261, 264 and 265 merely make 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.
E. Summary of Comments and Changes to the Proposed Rulemaking
Notice of proposed rulemaking was published on August 2, 1996, in the Pennsylvania Bulletin and was followed by a 60-day public comment period. No public meetings or hearings were held.
Comments
Four persons and organizations commented on the proposed amendments during the comment period. IRRC also submitted comments.
The Department has prepared a Comment and Response Document summarizing and responding to the comments received by the Board. This document is available for review upon request from the contact persons identified in Section B of this Preamble.
Several commentators suggested expanding the Universal Waste Rule to include mercury-containing lamps, and other mercury-containing devices. In the notice of proposed rulemaking, the Board requested information concerning adding fluorescent tubes and other hazardous wastes to the final-form rule.
The Board agrees that mercury-containing lamps and other mercury-containing devices are good candidates for management as universal wastes. Nonetheless, the Board believes the final-form rule should only cover those hazardous wastes included under the EPA Universal Waste Rule. The EPA has specified the procedures and standards to be used by a state for expanding its Universal Waste Rule beyond the Federal program. These procedures and standards have been included in the final-form rule. They will be used to review the recommendations that mercury-containing lamps or other mercury-containing devices should be managed under the universal waste program.
One commentator suggested that the final-form rule require the shipping documents to include a parenthetical expression to modify the U.S.DOT proper shipping name to identify the material as a waste. Except for materials categorized as a hazardous waste, the U.S.DOT proper shipping name does not identify the material as a waste. The commentator is concerned that someone might mistakenly conclude that the shipment contains a product, rather than a waste because the shipping documents only use the U.S.DOT shipping name to describe the shipment.
The Board believes this concern is unfounded. In addition to the shipping paper description, universal waste handlers must label packages of universal waste to identify their contents as a waste or used material, such as universal waste--batteries, waste batteries, or used batteries. Any regulation imposing additional requirements on the description to be used in shipping documents may be preempted by the U.S. Hazardous Materials Transportation Act (49 U.S.C.A. § 5125 (b)).
IRRC recommended deleting from the final-form rule the regulations authorizing the Department to determine whether other wastes can be managed as a universal waste. IRRC believes the Department lacks the authority to make adjudications. Even if the Department has the authority to make adjudications, IRRC believes that the determination to expand the Universal Waste Rule should be made via the rulemaking process.
The final-form rule has been changed to conform the petition process to the Federal program's petition process. Successful petitions to add other hazardous wastes will result in an amendment to the Universal Waste Rule through the rulemaking process.
IRRC believed mercury-containing lamps and other mercury-containing devices may be worthy candidates for inclusion under the Universal Waste Rule. However, IRRC recommended not including these hazardous wastes in the final-form rule. These wastes should be considered only after there has been broad opportunity for public comment on the addition of each waste.
The Board agrees. The procedures authorizing the Department to make these determinations include notice in the Pennsylvania Bulletin and a 60-day comment period.
IRRC recommended that the labeling requirements be clarified in the final-form rule. The Board disagrees. As explained previously, the handler is required to clearly identify the contents of packages of universal waste.
IRRC recommended rewriting the Universal Waste Rule to primarily incorporate by reference EPA's Universal Waste Rule. The Board disagrees at this point in time. Rewriting the Universal Waste Rule to incorporate by reference the EPA Universal Waste Rule will extend the rulemaking process. At a minimum, the Board would have to use an advanced notice of final rulemaking to provide the public with notice of the change in the rule. However, as part of the Regulatory Basics Initiative, the question of incorporation by reference will be considered on a broad scale.
IRRC recommended that the statutory references requiring permits for handlers and licenses for transporters be included in the final-form rule. The Board believes adding this explanation and cross references to the regulation will adversely affect the regulation's clarity. This explanation, including citations, has instead been included in the summary and background section of this Preamble.
IRRC recommended clarifying language in § 261.5(i) relating to which regulations are applicable to mixtures of hazardous waste and solid waste that exceed the quantity limitations. The revisions to § 261.5 were addressed as part of the recently promulgated hazardous waste amendments known as PK5. This final-form rulemaking merely excludes universal wastes from the quantity limitations imposed by that regulation.
The remainder of IRRC's comments relate to either correcting typos or minor changes to clarify the regulations. In general, the Board accepts these recommendations.
Changes to Proposed Regulations
The final regulations contain several changes which respond to comments. The changes are identified as follows:
1. Amendment to petitioning process.
The final regulations in Subchapter P, §§ 266.280, 266.281 and 266.282 were amended to remove the procedures to petition for a Department universal waste determination. Under the final regulations, persons may petition for a regulatory amendment to regulate additional categories of waste as universal wastes.
In §§ 261.9(5), 264.1(5), 265.1(5), 266.201(a)(4), 266.206, 266.212(d), 266.214(5), 266.233(d) and 266.234(5), the final regulations delete language which referred to the procedures for a Department universal waste determination. Under the final regulations, additional categories of waste can only be added by regulatory amendment.
2. Cross references to Chapters 261--266.
In the proposed amendments, §§ 266.203(b)(2), 266.212(a)(3)(i), 266.217 and 266.237 referenced the hazardous waste regulations in the remainder of this article as being applicable in several circumstances. To improve clarity the final regulations a reference to Chapters 261--265 and Chapter 266, Subchapters C--I as provides other applicable requirements in several circumstances.
On November 14, 1996, the Solid Waste Advisory Committee (SWAC) was briefed on the comments received during the public comment period. On January 9, 1997, SWAC approved this final-form regulations for submission to the Board. The final-form regulations were also approved by the Agricultural Advisory Committee at its December 18, 1996, meeting.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the final rulemaking.
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 inhibit 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.
It is estimated that generators of universal waste will see an annualized cost saving of $11.4 million. This estimate is based upon an EPA study concerning cost savings resulting from the Universal Waste Rule.
The EPA performed a Nationwide analysis to estimate the cost differences between compliance with the full RCRA Subtitle C (Hazardous Waste) requirements, and compliance with the universal waste regulations for generators of universal wastes. The economic impact analysis examined the savings that should result from generators handling hazardous waste batteries and thermostats under several possible options for complying with the universal waste requirements. It also identified the least-cost compliance options. The economic impact analysis also estimated the incremental savings that should result for generators of pesticides that are hazardous after their recall. Summing up the savings from the various universal wastes, the EPA's estimate of the total annualized savings from complying with the Universal Waste Rule is $76 million Nationwide.
The estimate that the Universal Waste Rule will save Pennsylvania generators $11.4 million is based upon the assumption that the proportion of the National cost saving attributable to Pennsylvania generators equals the proportion of universal waste generated Nationally that is attributable Pennsylvania. The Department estimates Pennsylvania's share of the National universal waste stream to be 15%. Multiplying the National estimate of the total annualized savings estimate by 15% ($76 million x 0.15) results in a total annualized savings of $11.4 million, for Pennsylvania generators of universal waste.
Savings could increase substantially in future years if additional wastes are added to the Universal Waste Rule.
Compliance Costs
The regulations provide an optional means to comply with applicable hazardous waste requirements. Compared to compliance costs associated with full regulations under the hazardous waste program, compliance with the Universal Waste Rule will be less costly.
Compliance Assistance Plan
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.
Paperwork Requirements
The Universal Waste Rule imposes few paperwork requirements. LQHUW and owner/operators of destination facilities must maintain records of the universal waste received or shipped from the facility. These records can be the normal shipping documents, such as invoices or bills of lading, used by businesses to track shipments.
G. Pollution Prevention
The Federal Pollution Prevention Act of 1990 established a National policy that promotes pollution prevention as the preferred means for achieving State environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally-friendly materials, the more efficient use of raw materials, or the incorporation of energy efficient strategies. Pollution prevention provisions are not applicable with these regulations because these regulations establish a set of streamlined standards for managing universal wastes. However, these final-form regulations should promote the recycling of universal wastes.
H. Sunset Review
These final-form 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. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 4, 1996, the Department submitted a copy of the proposed amendments to IRRC and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. In compliance with section 5(b.1) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments, as well as other documentation.
In preparing these final-form regulations, the Department has considered the comments received from IRRC and the public. These comments are addressed in the comment and response document and Section E of this Preamble. The Committees did not provide comments on the proposed rulemaking.
The final-form regulations were deemed approved by the House Environmental Resources and Energy Committee on April 21, 1997, and were deemed approved by the Senate Environmental Resources and Energy Committee on April 21, 1997. IRRC met on May 1, 1997, and approved the regulations in accordance with section 5(c) of the Regulatory Review Act.
J. Findings of the Board
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These regulations do not enlarge the purpose of the proposal published at 26 Pa.B. 3801.
(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this order.
K. Order of the Board
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapters 261, 262 and 264--266, are amended by amending §§ 261.5, 262.10, 262.11, 264.1, 265.1 and 266.80; and by adding §§ 261.9, 266.201--266.206, 266.210--266.220, 266.230--266.240, 266.250--266.256, 266.260--266.262, 266.270 and 266.280--266.283, to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately.
JAMES M. SEIF,
Chairperson
(Editor's Note: For the text of the order of IRRC relating to this document, see 27 Pa.B. 2490 (May 17, 1997).)
Fiscal Note: Fiscal Note 7-297 remains valid for the final adoption of the subject regulations.
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
§ 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 (f), (g) and (j), a conditionally exempt small quantity generator is not subject to regulation under Chapters 262--266 and Chapter 270, and the notification requirements of § 261.41 (relating to notification of hazardous waste activities), 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:
(1) Is exempt from regulation under § 261.4 or 40 CFR § 261.6(a)(3), § 261.7(a)(1) or § 261.8 (relating to requirements for recyclable materials; residues in hazardous waste in empty containers; and PCB waste regulated under toxic substance control act).
(2) Is managed immediately upon generation only in onsite elementary neutralization units, wastewater treatment units or totally enclosed treatment facilities as defined in § 260.2 (relating to definitions).
(3) Is recycled, without prior storage or accumulation, only in an onsite process subject to regulation under Chapter 266 (relating to special standards for the management of certain hazardous waste activities).
(4) Is used oil managed under the requirements of § 261.6 (relating to requirements for hazardous wastes that are recycled) and Chapter 266.
(5) Is spent lead-acid batteries managed under the requirements of Chapter 266, Subchapter G (relating to reclaimed spent lead-acid batteries).
(6) Is universal waste managed under Chapter 266.
(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.
(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 spent materials have been counted once.
(4) A universal waste managed under § 261.9 (relating to requirements for universal waste) and Chapter 266.
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