[27 Pa.B. 6407]
[Continued from previous Web Page] § 265a.154. Form, terms and conditions of bond.
(a) The Department will accept one of the following types of bond:
(1) A surety bond.
(2) A collateral bond.
(3) A phased deposit collateral bond as provided in § 265a.157 (relating to phased deposits of collateral).
(b) The Department will prescribe and furnish the forms for bond instruments.
(c) Bonds shall be payable to the Department and conditioned upon the faithful performance of the requirements of the act, The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a), the Air Pollution Control Act (35 P. S. §§ 4001--4015), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), the regulations adopted thereunder, the terms and conditions of any permit issued thereunder, orders of the Department and amendments, revisions and changes to the acts, the regulations and the terms and conditions of the hazardous waste storage, treatment and disposal facility permit as may be lawfully made in the future.
(d) The bond shall cover the hazardous waste storage, treatment or disposal operations from the initiation of the operations until the bond is released as provided in this chapter. The bond shall cover all operations and activities conducted within the permitted area and all effects caused by the hazardous waste activities within or without the permit area.
(e) Bonds will be reviewed for legality and form according to established Commonwealth procedures.
§ 265a.155. Special terms and conditions for surety bonds.
(a) The Department will not accept the bond of a surety company which has failed or unduly delayed in making payment on a forfeited surety bond.
(b) The Department will accept only the bond of a surety authorized to do business in this Commonwealth.
(c) The surety may cancel the bond by sending written notice of cancellation by certified mail to the permittee and the Department. Cancellation may not take effect until 120 days after receipt of the notice of cancellation by the principal and the Department, as evidenced by the return receipts. Within 60 days after receipt of the notice of cancellation the permittee shall provide the Department with a replacement bond under § 265a.158 (relating to replacement of bond). Failure of the permittee to provide a replacement bond within the 60-day period shall constitute grounds for forfeiture of the existing bond under § 265a.168 (relating to bond forfeiture).
(d) The Department will not accept surety bonds from a surety company for a permittee, on all permits held by the permittee, in excess of the company's single risk limit as provided by The Insurance Company Law of 1921 (40 P. S. §§ 341--991), unless the surety has complied with the provisions of the Insurance Company Act of 1921 (40 P. S. §§ 1--297.4) for accepting risk above its single risk limit.
(e) The bond shall provide that full payment will be made on the bond within 30 days of receipt of a notice of forfeiture by the surety notwithstanding judicial or administrative appeal of the forfeiture and that the amount shall be confessed to judgment upon forfeiture.
(f) The bond shall provide that the surety and the permittee shall be jointly and severally liable for payment of the bond amount.
§ 265a.156. Special terms and conditions for collateral bonds and bonds pledging corporate guarantee for closure.
(a) The Department will obtain possession of and keep in custody collateral deposited by the permittee until authorized for release or replacement as provided in this subchapter.
(b) The Department will value governmental securities for both current market value and face value. For the purpose of establishing the value of the securities for bond deposit, the Department will use the lesser of current market value or face value. Government securities shall be rated at least BBB by Standard and Poor's or Baa by Moody's.
(c) Collateral bonds pledging Pennsylvania bank certificates of deposit shall be subject to the following conditions:
(1) The Department will require that certificates of deposit be assigned to the Department, in writing, and the assignment recorded upon the books of the issuing institution.
(2) The Department may accept an individual certificate of deposit for a denomination in excess of $100,000, or the maximum insurable amount as determined by the Federal Deposit Insurance Corporation (FDIC) or as otherwise secured under Pennsylvania law.
(3) The Department will require the issuing institution to waive all rights of setoff or liens which it has or might have against the certificates.
(4) The Department will only accept automatically-renewable certificates of deposit.
(5) The Department will require that the certificates of deposit are assigned to the Department to assure that the Department will be able to liquidate the certificates prior to maturity, upon forfeiture, for the amount of the bond determined under this chapter.
(6) The Department will accept certificates of deposit only from banks or banking institutions licensed, chartered or otherwise authorized to do business in the United States.
(7) The Department will not accept certificates of deposit from banks which have failed or delayed in making payment on defaulted certificates of deposit.
(d) Collateral bonds pledging a bank letter of credit shall be subject to the following conditions:
(1) The letter of credit shall be a standby or guarantee letter of credit issued only by a bank organized or authorized to do business in the United States, examined by a state or Federal agency and Federally insured or equivalently protected.
(2) The letter of credit may not have been issued without a credit analysis substantially equivalent to a credit analysis applicable to a potential borrower in an ordinary loan situation. A letter of credit so issued shall be supported by the customer's unqualified obligation to reimburse the issuer for monies paid under the letter of credit.
(3) The letter of credit may not have been issued for a customer when the amount of the letter of credit, aggregated with other loans and credits extended to the customer, exceeds the issuer legal lending limits for that customer as defined in the United States Banking Code (12 U.S.C.A. §§ 21--220).
(4) The letter of credit shall be irrevocable and shall be so designated. The Department may accept a letter of credit for which a limited time period is stated if the following conditions are met and are stated in the credit:
(i) The letter of credit is automatically renewable for additional time periods, unless the bank gives at least 90 days prior written notice to the Department and the customer of its intent to terminate the credit at the end of the current time period.
(ii) The Department has the right to draw upon the credit before the end of the time period, if the customer fails to replace the letter of credit with other acceptable bond guarantee within 30 days of the bank's notice to terminate the credit.
(5) Letters of credit shall name the Department as the beneficiary and shall be payable to the Department, upon demand, in part or in full, upon presentation of the Department's drafts at sight. The Department's right to draw upon the letter of credit will not require documentary or other proof by the Department that the customer has violated the conditions of the bond, the permit or another requirement of this chapter.
(6) Letters of credit are subject to 13 Pa.C.S. (relating to the Uniform Commercial Code) and the latest revision of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce. The Department may accept 13 Pa.C.S. Division 5 (relating to letters of credit) in effect in the state of the issuer.
(7) The issuing bank shall waive the rights to setoff or liens which it has or might have against the letter of credit.
(8) The Department will not accept letters of credit from a bank which has failed or delayed in making payment on a letter of credit previously submitted as collateral to the Department.
(e) Bonds pledging a corporate guarantee for closure shall be subject to the requirements of 40 CFR 265.143(e) (relating to financial test and corporate guarantee for closure).
§ 265a.157. Phased deposits of collateral.
(a) A permit applicant, or a permittee may post a collateral bond for a hazardous waste storage, treatment or disposal facility which will be continuously operated or used for at least 10 years from the date of issuance of the permit or permit amendment, according to all of the following requirements:
(1) The permittee shall submit a collateral bond to the Department.
(2) The permittee shall deposit $10,000 or 25%, whichever is greater, of the total amount of bond determined in this chapter in approved collateral with the Department.
(3) The permittee shall submit a schedule agreeing to deposit 10% of the remaining amount of bond, in approved collateral in each of the next 10 years.
(b) The permit applicant or permittee shall deposit the full amount of bond required for the hazardous waste storage, treatment or disposal facility within 30 days of receipt of a written demand by the Department to accelerate deposit of the bond. The Department will make the demand when one of the following occurs:
(1) The permittee has failed to make a deposit of bond amount when required by the schedule for the deposits.
(2) The permittee has violated the requirements of the act, this article, the terms and conditions of the permit or orders of the Department and has failed to correct the violations within the time required for the correction.
(c) Interest earned by collateral on deposit shall be accumulated and becomes part of the bond amount until the operator completes deposit of the requisite bond amount in accordance with the schedule of deposit. Interest so accumulated may not offset or diminish the amount required to be deposited in each of the succeeding years set forth in the schedule of deposit, except that in the last year in which a deposit is due, the amount to be deposited shall be adjusted by applying the total accumulated interest to the amount to be deposited as established by the schedule of deposit.
§ 265a.158. Replacement of bond.
(a) The Department may allow permittees to replace existing surety or collateral bonds with other surety or collateral bonds if the liability which has accrued against the permittee of the hazardous waste storage, treatment or disposal facility is transferred to the replacement bonds. The bond amount for the replacement bond will be determined under this chapter, may not be less than the amount on deposit with the Department.
(b) The Department will not release existing bonds until the permittee has submitted and the Department has approved acceptable replacement bonds. A replacement of bonds under this section may not constitute a release of bond under this chapter.
(c) Within 60 days after approval of acceptable replacement bonds, the Department will take appropriate action to initiate the release of existing surety or collateral bonds being replaced by the permittee.
§ 265a.159. Reissuance of permits.
Before a permit is reissued to a new permittee, the new permittee shall post a new bond in an appropriate amount determined by the Department under this chapter but in no case less than the amount of bond on deposit with the Department, in the new permittee's name, assuming all accrued liability for the hazardous waste storage, treatment or disposal facility.
§ 265a.160. Bond amount determination.
(a) The Department will determine bond amount requirements for each hazardous waste storage, treatment and disposal facility based upon the total estimated cost to the Commonwealth to complete final closure of the facility in accordance with the requirements of applicable statutes, this article, the terms and conditions of the permit and orders issued thereunder by the Department and to take measures that are necessary to prevent adverse effects upon the environment during the life of the facility and after closure until released as provided by this chapter.
(b) This amount shall be based on the requirements of 40 CFR 265.142 and 265.144 (relating to cost estimate for closure; and cost estimate for post-closure care).
§ 265a.161. Cost estimate for closure and postclosure care.
The permittee or permit applicant shall prepare a detailed written estimate of the cost of closing the facility and providing postclosure care in accordance with 40 CFR 265.142 and 265.144 (relating to cost estimates for closure; and cost estimates for postclosure care).
§ 265a.162. Bond amount adjustments.
(a) The permittee shall deposit additional amounts of bond, at any time, upon demand of the Department. The Department will require a permittee to deposit additional amounts of bond if one of the following occurs:
(1) The permit is amended to increase acreage, to change the kind of waste handled or for another reason which requires an additional amount of bond determined under 40 CFR 265.142 and 265.144 (relating to cost estimate for closure; and cost estimate for postclosure care).
(2) Inflationary cost factors have exceeded the estimate used for the original bond amount determination under 40 CFR 265.142 and 265.144.
(3) The permit is to be renewed or reissued, or the bond on deposit is to be replaced, which requires an additional amount of bond determined under 40 CFR 265.142 and 265.144.
(4) The Department determines that an additional amount of bond is required as determined by 40 CFR 265.142 and 265.144 to meet the requirements of applicable statutes, this chapter and the terms and conditions of the permit or orders of the Department.
(b) A permit applicant or permittee may request reduction of the required bond amount upon submission of satisfactory evidence proving that the method of operation or other circumstances will significantly reduce the maximum estimated cost to the Department of completing final closure and taking necessary measures to prevent adverse effects on the environment. If the request is made after permit issuance, it will be considered a request for bond release.
§ 265a.163. Failure to maintain adequate bond.
If a permittee fails to post additional bond within 60 days after receipt of a request by the Department for additional bond amounts under § 265a.162 (relating to bond amount adjustments), or fails to make timely deposits of bond in accordance with the schedule submitted under § 265a.157 (relating to phased deposits of collateral), the Department will issue a notice of violation to the permittee, and if the permittee fails to deposit the required bond amount within 15 days of the notice, the Department will issue a cessation order for all of the hazardous waste storage, treatment and disposal facilities operated by the permittee and take additional actions that may be appropriate, including suspending or revoking permits.
§ 265a.164. Separate bonding for a portion of a facility.
(a) The Department may require a separate bond to be posted for a part of a hazardous waste storage, treatment or disposal facility if that part of the facility can be separated and identified from the remainder of the facility and the bond liability for that part will continue beyond the time provided for the remainder of the facility, or the Department has determined that separate bonding of the facility is necessary to administer and apply applicable statutes, this article, the terms and conditions of the permit or orders of the Department.
(b) If the Department requires a separate bond for part of a facility, the original bond amount for the facility may be adjusted under § 265a.162 (relating to bond amount adjustments).
§ 265a.165. Bond release.
(a) The permittee may file a written application with the Department requesting release of all or part of the bond amount posted for a hazardous waste storage, treatment or disposal facility during the operation of the facility as part of a request for bond adjustment under § 265a.162 (relating to bond amount adjustments), upon completion of closure of the facility and upon expiration of the postclosure care period of liability as specified in 40 CFR Part 265, Subpart G (relating to closure and postclosure care).
(b) The application for bond release shall contain the following:
(1) The name of the permittee and shall identify the hazardous waste storage, treatment or disposal facility for which bond release is sought.
(2) The total amount of bond in effect for the facility and the amount for which release is sought.
(3) The reasons why, in specific detail, bond release is requested, including, but not limited to, the closure, postclosure care and abatement measures taken, the permit amendments authorized or the change in facts or assumptions made during the bond amount determination which demonstrate and would authorize a release of part or all of the bond deposited for the facility.
(4) Provide a revised cost estimate for closure and postclosure care in accordance with 40 CFR 265.142 and 265.144 (relating to cost estimate for closure; and postclosure care).
(5) Provide other information as may be required by the Department.
(c) The Department will evaluate the bond release request as if it were a request for a new bond amount determination under 40 CFR 265.142 and 265.144. If the new bond amount determination would require less bond for the facility than the amount already on deposit, the Department will release the portion of the bond amount which is not required for the facility. If the new bond amount determination would require an additional amount of bond for the facility, the Department will require the additional amount to be deposited for the facility.
(d) The Department will not release a bond amount deposited for a facility if the release would reduce the total remaining amount of bond to an amount which would be insufficient for the Department to complete closure and postclosure care and to take measures that may be necessary to prevent adverse effects upon the environment or public health, safety or welfare in accordance with applicable statutes, this chapter, the terms and conditions of the permits and orders of the Department.
(e) The Department will make a decision on a bond release application within 6 months after receipt unless additional time is authorized by the permittee.
(f) The Department will not release a bond amount for a facility which is causing adverse effects on the public health, safety or welfare or the environment, creating a public nuisance, or is in violation of this chapter, the act or the statutes set forth in section 505(a) of the act (35 P. S. § 6018.505).
§ 265a.166. Closure certification.
(a) The permittee shall submit a request for closure certification upon completion of closure of the facility in accordance with the provisions of 40 CFR 265.120 (relating to certification of completion of post-closure care).
(b) Within 60 days after receipt of a written request for closure certification, the Department will initiate an inspection of the facility to verify that closure has been effected in accordance with the approved facility closure and postclosure care plan and this article.
(c) If the Department determines that the facility has been closed in accordance with this article, and that there is no reasonable expectation of adverse effects upon the environment or the public health, safety and welfare, the Department will certify in writing to the permittee that closure has been effected in accordance with this chapter. Closure certification may not take effect until 1 year after receipt of the Department's determination.
(d) The closure certification does not constitute a waiver or release of bond liability or other liability existing in law for adverse environmental conditions or conditions of noncompliance existing at the time of the notice or which might occur at a future time, for which the permittee shall remain liable.
(e) The Department will not issue a closure certification for a facility which is causing adverse effects on the public health, safety or welfare or the environment, creating a public nuisance, or is in violation of this article, the act or the statutes set forth in section 505(a) of the act (35 P. S. § 6018.505(a)).
(f) At any time after issuance of a certification of closure, if inspection by the Department indicates that additional postclosure care measures are required to abate or prevent any adverse effects upon the environment or the public health, safety and welfare, the Department will issue a written notice to the permittee setting forth the schedule of measures which the permittee shall take in order to bring the facility into compliance.
(g) At least 6 months prior to expiration of the 1 year liability period following closure and postclosure care, the Department will conduct an inspection of the facility. If the Department determines that the facility will continue to cause adverse effects upon the environment or the public health, safety and welfare after expiration of the 1 year liability period, the Department will require the permittee to deposit a separate bond under § 265a.164 (relating to separate bonding for a portion of a facility), or forfeit the bond on deposit with the Department.
§ 265a.167. Public notice and comment.
The original bond amount determination, a decision by the Department to release bond, a request to reduce bond amount after permit issuance and a request for closure certification shall be, for the purpose of providing public notice and comment, considered a major permit modification and shall satisfy the public notice and comment requirements for major permit modifications.
§ 265a.168. Bond forfeiture.
(a) The Department may forfeit the bond for a hazardous waste storage, treatment or disposal facility when it determines that any of the following occur:
(1) The permittee has failed and continues to fail to conduct the hazardous waste storage, treatment or disposal activities in accordance with this article, the act, the statutes set forth in section 505(a) of the act (35 P. S. § 6018.505(a)), the terms and conditions of the permit or orders of the Department.
(2) The permittee has abandoned the facility without providing closure or postclosure care, or has otherwise failed to properly close the facility in accordance with this article, the act, the statutes set forth in section 505(a) of the act, the terms and conditions of the permit or orders of the Department.
(3) The permittee has failed, and continues to fail to take those measures determined necessary by the Department to prevent effects upon the environment before, during and after closure and postclosure care.
(4) The permittee or financial institution has become insolvent, failed in business, been adjudicated bankrupt, had a delinquency proceeding initiated under Article V of The Insurance Department Act of 1921 (40 P. S. §§ 221.1--221.63), filed a petition in bankruptcy, in liquidation, for dissolution or for a receiver, or had a receiver appointed by the court, or had action initiated to suspend, revoke or refuse to renew the license or certificate of authority of the financial institution, or a creditor of the permittee has attached or executed a judgment against the permittee's equipment, materials or facilities at the permit area or on the collateral pledged to the Department; and the permittee or financial institution cannot demonstrate or prove the ability to continue to operate in compliance with this article, the act, the statutes set forth in section 505(a) of the act, the terms and conditions of the permit and orders of the Department.
(b) If the Department determines that bond forfeiture is appropriate, the Department will do the following:
(1) Send written notification by mail to the permittee, the host municipality and the surety on the bond, if any, of the Department's determination to forfeit the bond and the reasons for the forfeiture.
(2) Advise the permittee and surety, if any, of their right to appeal to the EHB under section 1921-A of The Administrative Code of 1929 (71 P. S. § 510-21).
(3) Proceed to collect on the bond as provided by applicable statutes for the collection of defaulted bonds or other debts.
(4) Deposit all money collected from defaulted bonds into the Solid Waste Abatement Fund.
(5) Forfeit all bond deposited for the facility, including all additional amounts of bond posted for the facility.
§ 265a.169. Preservation of remedies.
Remedies provided or authorized by law for violation of statutes, including but not limited to, the act, The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19c), the Air Pollution Control Act (35 P. S. §§ 4001--4015), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), this article, the terms and conditions of permits and orders of the Department, are expressly preserved. Nothing in this chapter may be construed as an exclusive penalty or remedy for the violations. An action taken under this subchapter may not waive or impair another remedy or penalty provided in law.
Subchapter I. Use and Management of Containers Sec.
265a.175. Containment and collection systems. 265a.179. Containment and collection system. § 265a.175. Containment and collection systems.
In addition to the requirements incorporated by reference:
(1) For indoor storage of reactive or ignitable hazardous waste, the total maximum container height may not exceed 6 feet. The containers shall be grouped so that the maximum width and depth of a group is no greater than the area that would contain four 55-gallon drums wide by four 55-gallon drums deep approximately 8 feet by 8 feet or the containers shall be grouped so that the maximum width of a group is no greater than the area that would contain two 55-gallon drums deep, with the length of the group so limited that at least a 5-foot-wide aisle surrounds the group. Each 8-foot by 8-foot group shall be separated by at least a 5-foot-wide aisle.
(2) For outdoor storage of reactive or ignitable hazardous waste, the total container height may not exceed 9 feet. The maximum width and depth of a group of the containers may not exceed the equivalent of eight 55-gallon drums wide by eight 55-gallon drums deep. Each group shall be separated by at least a 5-foot-wide aisle from any adjacent group. A main aisle or accessway at least 12 feet wide shall be maintained through a container storage area. A minimum 40-foot setback from a building shall be maintained for all outdoor container storage of reactive or ignitable hazardous wastes.
(3) For indoor or outdoor storage of nonreactive or nonignitable hazardous waste, the total container height may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which insures access for purposes of inspection, containment and remedial action with emergency vehicles. The configuration shall be specified in the permit application and shall be approved in writing by the Department.
§ 265a.179. Containment and collection system.
(Editor's Note: The provisions of existing § 265.178 (relating to containment and collection system) are proposed to be renumbered as § 265a.175.)
Subchapter J. TANK SYSTEMS Sec.
265a.191. Assessment of existing tank system's integrity. 265a.193. Containment and detection of releases. 265a.194. General operating requirements. 265a.195. Inspections. § 265a.191. Assessment of existing tank system's integrity.
Notwithstanding the requirements incorporated by reference, owners or operators of tanks or tank systems shall obtain and keep on file at the facility a written assessment of the tank or tank system's integrity as of January 17, 1994, which is otherwise in accordance with the provisions of 40 CFR 265.191 (relating to assessment of existing tank system's integrity).
§ 265a.193. Containment and detection of releases.
Notwithstanding the requirements incorporated by reference, owners or operators of existing tank systems shall comply with 40 CFR 265.193 (relating to containment and detection of releases) by January 16, 1995, except that owners and operators of existing tank systems for which the age cannot be documented, shall comply with 40 CFR 265.193 by January 16, 1996.
§ 265a.194. General operating requirements.
In addition to the requirements incorporated by reference, tanks shall be labeled to accurately identify the contents.
§ 265a.195. Inspections.
In addition to the requirements incorporated by reference, the owner or operator shall inspect the tank or tank system at least once each operating day, or every 72 hours when not operating, if waste remains in the tank or tank system components.
Subchapter P. THERMAL TREATMENT Sec.
265a.382. Open burning; waste explosives. § 265a.382. Open burning; waste explosives.
In addition to the requirements incorporated by reference, the open burning of waste explosives as specified in 40 CFR 265.382 (relating to open burning; waste explosives) is not permitted in air basins as defined in § 121.1 (relating to definitions).
CHAPTER 266. (Reserved)
CHAPTER 266a. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Subchap.
C. RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL E. WASTE OIL BURNED FOR ENERGY RECOVERY H. HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
Subchapter C. RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL Sec.
266a.20. Incorporation by reference and applicability. § 266a.20. Incorporation by reference and applicability.
(a) Except as expressly provided in this chapter, 40 CFR Part 266 and its Appendices (relating to standards for the management of specific hazardous wastes; and specific types of hazardous waste management facilities) are incorporated by reference.
(b) Notwithstanding the requirements incorporated by reference, producers of a product that is not presently subject to regulation and that is to be used by the general public in a manner that constitutes disposal and that contains recyclable materials, shall demonstrate, by obtaining the Department's written approval, that the recyclable materials have undergone the chemical reaction described in 40 CFR 260.20(b) (relating to general).
Subchapter E. WASTE OIL BURNED FOR ENERGY RECOVERY (Editor's Note: This subchapter contains the existing text in Chapter 266, Subchapter E. The text is being relocated and renumbered only)
Subchapter H. HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES Sec.
266a.103. Interim status standards for burners. 266a.108. Small quantity onsite burner exemption. § 266a.103. Interim status standards for burners.
Notwithstanding the requirements incorporated by reference:
(1) An 8,000 Btu/lb minimum heating value requirement is substituted for the Federal 5,000 Btu/lb minimum heating value requirement.
(2) ''Existing or in existence'' means a boiler or industrial furnace, excluding sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators, that on or before August 21, 1991 is either in operation burning or processing hazardous waste or for which construction (including the ancillary facilities to burn or to process the hazardous waste) has commenced. For sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators, ''existing or in existence'' means that on or before ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal), these units are either in operation burning or processing hazardous waste or for which construction (including the ancillary facilities to burn or to process the hazardous waste) has commenced. A facility has commenced construction if the owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and one of the following applies:
(i) A continuous onsite, physical construction program has begun.
(ii) The owner or operator has entered into contractual obligations--which cannot be canceled or modified without substantial loss--for physical construction of the facility to be completed within a reasonable time.''
(c) Hazardous waste may be burned under the exceptions of the restrictions contained in 40 CFR 266.103(a)(6) (relating to interim status standards for burners) if the Department has documentation to show that, prior to August 21, 1991, for all boilers or industrial furnaces, except sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators and prior to ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal) for sludge dryers, carbon regeneration units, infrared incinerators and plasma arc incinerators the following apply:
(1) The boiler or industrial furnace is operating under the interim status standards for incinerators provided by 40 CFR Part 265, Subpart O (relating to incinerators), or the interim status standards for thermal treatment units provided by 40 CFR Part 265, Subpart P and Chapter 265, Subchapter P (relating to thermal treatment).
(2) The boiler or industrial furnace met the interim status eligibility requirements under 40 CFR Part 265, Subpart O or Chapter 265a, Subchapter P.
(3) Hazardous waste with a heating value less than 8,000 Btu/lb was burned prior to that date.
(d) The owner or operator shall provide the Department with the certification of precompliance required by 40 CFR 266.103(b). The owner or operator shall submit the certification by August 21, 1991, for all boilers or industrial furnaces, except sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators and on or before ______ (Editor's Note: The blank refers to the effective date of adoption of this proposal) for sludge dryers, carbon regeneration units, infrared incinerators and plasma arc incinerators.
(e) The owner or operator shall submit to the Department a complete and accurate certification of compliance under 40 CFR 266.103(c). The owner or operator shall submit the certification by August 21, 1991, for all boilers or industrial furnaces, except sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators and on or before ______ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposal) for sludge dryers, carbon regeneration units, infrared incinerators and plasma arc incinerators.
(f) If the owner or operator does not submit a complete certification of compliance for all of the applicable emissions standards of 40 CFR 266.104--266.107 by August 21, 1991, for all boilers or industrial furnaces, except sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators and by ______ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposal) for sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators, the owner or operator shall do one of the following:
(1) Stop burning hazardous waste and begin closure activities under 40 CFR 266.103(c)(1).
(2) Limit hazardous waste burning only for purposes of compliance testing (and pretesting to prepare for compliance testing) a total period of 720 hours for the period of time beginning August 21, 1992, for all boilers or industrial furnaces, except sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators and, for the period of time beginning ______ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposal) for sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators. Submit a notification to the director by August 21, 1992, for all boilers or industrial furnaces, except sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators or submit a notice to the Department by ______ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposal) for sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators, stating that the facility is operating under restricted interim status and intends to resume burning hazardous waste, and submit a complete certification of compliance by August 23, 1993 for all boilers or industrial furnaces, except sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators, or by ______ (Editor's Note: The blank refers to a date 2 years after the effective date of adoption of this proposal) for sludge dryers, carbon regeneration units, infrared incinerators and plasma arc incinerators.
(3) Obtain a case-by-case extension of time under 40 CFR 266.103(c)(7)(ii).
§ 266a.108. Small quantity onsite burner exemption.
Notwithstanding the requirements incorporated by reference, the hazardous waste burned in an onsite boiler or industrial furnace have a minimum heating value of 8,000 Btu/lb to be exempt from this subchapter.
CHAPTER 266b. STANDARDS FOR UNIVERSAL WASTE MANAGEMENT (Editor's Note: All of the existing text of Chapter 266 Subchapters J--O is being relocated to Chapter 266b.)
Subchap.
A. GENERAL B. STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE C. STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE D. STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS E. STANDARDS FOR DESTINATION FACILITIES
Subchapter A. GENERAL Sec.
266b.1. Incorporation by reference and scope. § 266b.1. Incorporation by reference and scope.
Except as expressly provided in this chapter, the requirements of 40 CFR Part 273 (relating to standards for universal waste management) are incorporated by reference.
Subchapter B. STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE Sec.
266b.10. Applicability. § 266b.10. Applicability.
In addition to the requirements incorporated by reference, a small quantity handler of universal waste complying with this subchapter is deemed to have a permit for the storage of universal wastes.
Subchapter C. STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTES Sec.
266b.30. Applicability. § 266b.30. Applicability.
In addition to the requirements incorporated by reference, a large quantity handler of universal waste complying with this subchapter is deemed to have a permit for the storage of universal wastes.
Subchapter D. STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS Sec.
266b.50. Applicability. § 266b.50. Applicability.
In addition to the requirements incorporated by reference, a universal waste transporter complying with this subchapter is deemed to have a license for the transportation of universal wastes.
Subchapter E. STANDARDS FOR DESTINATION FACILITIES Sec.
266b.60. Applicability. § 266b.60. Applicability.
Notwithstanding the requirements incorporated by reference, 40 CFR 273.60(b) (relating to applicability) is not incorporated by reference.
CHAPTER 267. (Reserved) (Editor's Note: All of the existing text of Chapter 267 is proposed to be deleted and the financial responsibility requirements are proposed to be relocated to Subchapter H of Chapters 264a and 265a.)
CHAPTER 268a. LAND DISPOSAL RESTRICTIONS Subchap.
A. GENERAL
Subchapter A. GENERAL Sec.
268a.1. Incorporation by reference, purpose, scope and applicability. § 268a.1. Incorporation by reference, purpose, scope and applicability.
(a) Except as expressly provided in this chapter, the requirements of 40 CFR Part 268 (relating to land disposal restrictions) except for 40 CFR 268.5, 268.6, 268.42(b) and 268.44 and its appendices are incorporated by reference.
(b) Notwithstanding the requirements incorporated by reference, the substitution of the term ''EPA'' in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 268.1(e)(3) (relating to purpose, scope and applicability).
CHAPTER 269. (Reserved)
CHAPTER 269a. SITING (Editor's Note: All of the existing text of Chapter 269 is being renumbered as Chapter 269a. No changes, except citation changes, are being proposed to the existing text of Chapter 269. All citations contained within the existing text of Chapter 269 are also being renumbered to reflect the numbering changes proposed in this regulation.)
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