Pennsylvania Bulletin

PA Bulletin, Doc. No. 97-1896

RULES AND REGULATIONS

ENVIRONMENTAL QUALITY BOARD

[25 PA. CODE CHS. 271--273, 277, 279, 281, 283, 285, 287--289, 291, 293, 295, 297 and 299]

Municipal, Residual and Infectious and Chemotherapeutic Waste Recordkeeping and Reporting; Substantial Plan Revisions

[27 Pa.B. 6190]

   The Environmental Quality Board (Board) by this order amends Chapters 271--273, 277, 279, 281, 283, 285, 287--289, 291, 293, 295, 297 and 299. The amendments streamline recordkeeping and reporting requirements of the regulated community by eliminating duplicate data submission requirements and reducing unnecessary or duplicative recordkeeping requirements, while maintaining environmental protection and public access to information. In addition, the amendments implement a recommendation of the Municipal Waste Stakeholders Group regarding county municipal waste plan revisions.

   This order was adopted by the Board at its meeting of September 16, 1997.

A.  Effective Date

   These amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.

B.  Contact Persons

   For further information contact Keith Kerns, Chief, Division of Waste Minimization and Planning, P. O. Box 8472, Rachel Carson State Office Building, Harrisburg, PA 17105-8472, (717)877-7382, or electronically at Kerns.Keith@A1.dep.state.pa.us or Kristen Campfield, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717)787-7060 or electronically at Campfield.Kristen@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). These amendments are available electronically through the Department of Environmental Protection (Department) Web site (http://www.dep.state.pa.us).

C.  Statutory Authority

   The final rulemaking is being made under the authority of the following:

   *  The Solid Waste Management Act (SWMA) (35 P. S. §§ 6018.101--6018.1003), which in section 105(a) grants the Board the power and duty to adopt the rules and regulations of the Department to carry out the provisions of the SWMA.

   *  The Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904), which in section 302 gives the Board the power and duty to adopt the regulations of the Department to accomplish the purposes and to carry out the provisions of that act.

   *  The Clean Streams Law (35 P. S. §§ 691.1--691.1001), which in section 5(b) grants the Department the authority to formulate, adopt, promulgate and repeal the rules and regulations as are necessary to implement the provisions of that act.

   *  The Infectious and Chemotherapeutic Waste Law (35 P. S. §§ 6019.1--6019.6), which in sections 2(b) and 4(b) grants the Department the authority to propose regulations as may be necessary or appropriate to accomplish the purposes of the act and grants the Board the authority to adopt rules and regulations of the Department to accomplish the purposes and to carry out the provisions of that act.

D.  Background and Summary

Recordkeeping and Reporting Requirements

   These final-form regulations are designed to reduce recordkeeping requirements for the regulated community and to eliminate duplicative data submissions to the Department while continuing to provide adequate access to information to the public and the Department and continuing to protect the environment. They are the result of an in-depth study by a committee of Department management and technical staff, with significant opportunity for input from the general public and the regulated community. The study began in 1995.

   The Department has consulted on a number of occasions with its Solid Waste Advisory Committee (SWAC). Before the proposed amendments were published, SWAC recommended that the Department develop a table showing an alternate source of data for each reporting requirement the Department proposed to eliminate. The table appeared in the Preamble to the proposed amendments and appears again in this Order.

   The package also includes the addition of a section to the municipal waste regulations (§ 271.4) authorizing the submission of data electronically. Electronic submissions are allowed under the existing residual waste regulations.

   Revised reporting forms for use with these final-form regulations are available through the contact persons listed in Section B and may also be viewed on the Department's World Wide Web site (http://www.dep.state.pa.us).

Plan Revisions

   This final rulemaking implements a recommendation of the Municipal Waste Stakeholders Group regarding county municipal waste management plan revisions. The regulations now authorize a county to add or delete a facility to or from a plan without having to follow the substantial plan revision process. In addition, the final-form regulations indicate that any notice of revision submitted to the Department must explain how disposal and processing capacity will be assured, and any revision submitted to the Department for approval will be reviewed fully to the extent it revises the original plan.

Entire Package

   The final-form regulations were approved by SWAC at its June 12, 1997, meeting.

   None of these revisions exceeds Federal requirements. Related municipal waste Federal regulations can be found in the United States Environmental Protection Agency's (EPA) ''Criteria for Municipal Landfills,'' 40 CFR 258, at 258.29. The EPA requires submission of records upon request, to the State Director (that is, the Secretary of the Department). The Department has obtained EPA approval of its landfill permitting program (including recordkeeping and reporting under Part 258). These regulatory amendments do not jeopardize EPA approval.

   There are no companion Federal residual waste regulations. Because the Department is responsible for program administration, including compliance monitoring, detailed periodic reporting is necessary.

Alternate Source Table

   This Table is provided upon SWAC's recommendation. It lists the reporting items deleted (a section (§) reference is given along with a summary of the requirement) and at least one alternate location where the information can be found. The Table indicates regulatory changes made in the proposed rulemaking which have been retained in this final rulemaking as well as changes made in the final rulemaking itself.

Deletion Alternate Information Source

Chapter 273.  Municipal waste landfills

§ 273.313.  Annual operation report.

   (b)(1)  Weight or volume of solid waste received. Daily record. § 273.311(b)(1).
Quarterly fee report. § 273.312(b)(1).

   (b)(2) Type and weight or volume of solid waste received by county or state. Daily record. § 273.311(b)(2).
Quarterly fee report. § 273.312(b)(2).

   (b)(3)  Type and weight or volume of solid waste received by transporter. Daily record. § 273.311(b) (1) and (3) require recording of the amount and type of waste and the transporters but not the amount or type of waste received from each transporter.

   (b)(4)(ii, iv, v, vi)  Location of groundwater monitoring wells, access roads, erosion and sedimentation control structures and devices, leachate storage or treatment facilities, property lines, boundaries of permitted fill areas and boundaries of lined areas. Maps and related information. § 273.113.
Map and grid requirements. § 273.133.
Water quality monitoring plan. § 273.152.
Recordkeeping. § 273.288.
Permit modification. § 271.222.

   (b)(10)  A description of emergency disposal areas or methods approved by the Department and used by the operator, which are not described in the permit. Daily record. § 273.311(b)(5).

   (b)(11)  Notification of critical stages of facility construction requiring professional engineer certification in the next year. Operation plan. § 273.132(1).
Permit modification. § 271.222.

   (b)(12)  An analysis of special handling or residual waste received at the facility in the previous year. Facility is required to receive these analyses and keep them as part of their approval to receive these wastes. § 271.621.

   (b)(15)  Counties that have used the facility during the past year. Daily operational record. § 273.311(b)(2).

Chapter 277.  Construction/demolition waste landfills

§ 277.312.  Annual operation report.

   (b)(1)  Weight or volume of the types of solid waste received. Daily record. § 277.311(b)(1).

   (b)(2)  The type and weight or volume of solid waste received by county or state. Daily record. § 277.311(b)(2).

   (b)(3)  Type and weight or volume of solid waste received from each transporter that delivered waste to the facility. Daily records. § 277.311(b)(1) and (3) require recording the amount and type of waste and the transporters but not the amount and type of waste received from each transporter

   (b)(4)(ii, iv, v, vi)  Groundwater monitoring wells, access roads, facility office, erosion and sedimentation control structures, leachate storage or treatment facilities, property lines, boundaries of permitted fill areas and boundaries of lined areas. Map and grid requirements. § 277.133.
Map and related information. § 277.113.
Leachate treatment plan. § 277.162.
Permit modification. § 271.222.

   (b)(10)  A description of emergency disposal areas or methods approved by the Department and used by the operator, which are not described in the permit. Daily operational record. § 277.311(b)(5).

   (b)(11)  Notification of critical stages of facility construction or operation that require professional engineer certification. Operation plan. § 277.132(1).
Map and grid requirements. § 277.133(a)(1).

Chapter 279.  Transfer facilities

§ 279.252.  Annual Operation Report

   (b)(1)  The weight or volume of each waste received. Daily record. § 279.251(b)(1).

   (b)(2)  The county or state in which the solid waste originated. Daily record. § 279.251(b)(2).

   (b)(3)  The transporters of the solid waste. Daily record. § 279.251(b)(3).

   (b)(4)  The weight or volume of each material recycled or marketed. Daily record. § 279.251(b)(5) requires information on materials recycled but not materials marketed.

   (b)(5)  The destination of the solid waste. Daily record. § 279.251(b)(4).

   (b)(9)  A description of emergency disposal areas. Daily record. § 279.251(b)(6).

   (b)(10)  An analysis of special handling waste received at the facility in the previous year. Facility is required to receive these analyses and keep them as part of their approval to receive these wastes. § 271.621.

Chapter 281.  Composting facilities

§ 281.272.  Annual operation report.

   (b)(2)  The transporters of the waste. Daily record. § 281.271(b)(3).

   (b)(4)  The type and weight or volume of waste received by transporter. Daily records. § 281.271(b) (1) and (3) require recording of the amount and type of waste and the transporters but not the amount or type of waste received from each transporter.

   (b)(10)  Certification that the operator has received the chemical analysis of waste for each type of residual waste or special handling waste received at the facility. Facility is required to receive these analyses and keep them on file as part of its permit to receive residual and/or special handling municipal waste. § 271.621.

Chapter 283.  Resource recovery and other processing facilities

§ 283.262.  Annual operation report.

   (b)(2)  The county or state in which the solid waste originated. Daily record. § 283.261(b)(2).

   (b)(3)  The transporters of the solid waste. Daily record. § 283.261(b)(3).

   (b)(4)  The weight or volume of each material recycled or marketed as a result of the process. Daily record. § 283.261(b)(4).

   (b)(5)  For bypassed wastes and waste products, the name and county or state of the facility where the solid waste is ultimately disposed. Daily record. § 283.261(b)(5).

   (b)(6)  A description of handling problems or emergency disposal activities. Daily record. § 283.261(b)(6).

   (b)(7)  The type and weight or volume of solid waste received from each transporter. Daily record. § 283.261(b) (1) and (3) require recording of the amount and type of waste and the transporters but not the amount or type of waste received from each transporter.

   (b)(11)  A description of emergency disposal areas or methods. Daily record. § 283.261(b)(6).

   (b)(12)  An analysis of special handling waste received at the facility in the previous year. Facility is required to receive these analyses and keep them as part of their approval to receive these wastes. § 271.621.

Chapter 285.  Storage, collection and transportation of municipal waste

Subchapter C.  Transporter licensing for infectious and chemotherapeutic waste

§ 285.334.  Annual report.

   (b)(1)  The name, mailing address and telephone number for each generator from whom the transporter accepted infectious or chemotherapeutic waste. Manifest. § 285.412(a)(1).

   (b)(2)  Telephone number of the processing or disposal facility. Manifest. § 285.412(a)(10).

   (b)(3)  The State manifest document number for each shipment of infectious or chemotherapeutic waste transported. Document number is not needed. The Department does not receive a copy of the manifest.

   (b)(5)  When more than one transporter is used to transport a single shipment of infectious or chemotherapeutic waste from the generator to the processing or disposal facility, the name, mailing address, telephone number and infectious or chemotherapeutic waste license number for each transporter. Manifest. § 285.412(a)(3) and § 285.411(c)(2) and (3).

Chapter 287.  Residual waste management--general provisions.

§ 287.51.  Scope

   (Threshold for submitting biennial report and source reduction strategy now based on average generation rate over 1 year, rather than generation rate per month. Insignificant change: exempts reporting data on only 0.01% of residual waste.

Chapter 288.  Residual waste landfills

§ 288.282.  Quarterly operation report. Deleted.

   (b)(1)  The type and weight or volume of solid waste received. Daily record. § 288.281(b)(1).

   (b)(2)  For noncaptive facilities, the name, mailing address, county and state of each generator of residual waste. Daily record. § 288.281(b)(8)(ii).

   (b)(3)  An analysis of the quality and quantity of leachate flowing from the landfill into the leachate storage and treatment system. Added to daily record. § 288.281(b)(8)(iii).

§ 288.283.  Annual Operation Report.

   (b)(2)(ii)  The location of groundwater monitoring wells, access roads and the facility office. Permit modification. § 287.222.
Application map and grid requirements. § 288.133(a).

   (b)(2)(iv)  Erosion and sedimentation control structures and devices. Permit modification. § 287.222.
Application map and grid requirements. § 288.133(a)(6).

   (b)(2)(v)  Leachate storage or treatment facilities, or both. Permit modification. § 287.222.
Leachate treatment plan. § 288.413.
Leachate treatment plan. § 288.513.

   (b)(2)(vi)  Property lines, boundaries of permitted fill areas and boundaries of lined areas. Permit modification. § 287.222.
Application map and grid requirements. § 288.133.

   (b)(11)(ii)  For noncaptive facilities the type and weight or volume of solid waste received from each transporter. Daily record. § 288.281(b)(1) and (b)(8)(i) require recording of the amount and type of waste and the transporters but not the amount or type of waste received from each transporter.

Chapter 289.  Residual waste disposal impoundments

§ 289. 303.  Annual Operation Report

   (b)(2)(i)  The contours at the beginning and the end of the year. Not appropriate for an impoundment.

   (b)(2)(ii)  The location of groundwater monitoring wells, access roads and the facility office. Map and grid requirements. § 289.133.
Operation plan. § 289.132.
Permit Modification. § 287.222.

   (b)(2)(iii)  The completed area of the site as well as areas partially filled but not active during the previous years. Not appropriate for an impoundment.

   (b)(2)(iv)  Erosion and sedimentation control structures and devices. Operation plan. § 289.132.
Map and grid requirements. § 289.133(a)(6).
Permit Modification. § 287.222.

   (b)(2)(v)  The location of treatment facilities. Map and grid requirements. § 289.133(a)(6).
Postclosure land use plan. § 289.172.
Permit modification. § 287.222.

   (b)(2)(vi)  Property lines, boundaries of permitted disposal areas and boundaries of lined areas. Permit application. § 289.133.
Permit modification. § 287.222.

   (b)(8)  Notification of critical stages of facility construction or operation that require certification by a registered professional engineer which will occur the next year. Certification. § 289.202.

   (b)(10)  Certification that the operator has received the waste analysis or certification required by § 287.54 (relating to chemical analysis of waste) for special handling waste received at the facility, and that the special handling waste that is received at the facility meets the conditions in the facility's permit. Special handling wastes are not permitted to be disposed at a residual waste impoundment. § 289.423 and § 289.523.

   (b)(11)(ii)  For noncaptive facilities, the type and weight or volume of solid waste received from each transporter. Daily records. § 289.301(b) (1) and (b)(7)(i) require recording of the amount and type of waste and the transporters but not the amount or type of waste received from each transporter.

Chapter 293.  Transfer facilities for residual waste

§ 293.252.  Annual operational record.

   (b)(2)  The type and weight or volume of solid waste received from each generator, including the name, mailing address, county and the state of each generator. Daily record. § 293.251(1) and (2) requires this information be recorded by type and amount but not by each generator.

   (b)(3)  The transporters of the solid waste. Daily record. § 293.251(b)(3).

Chapter 295.  Composting facilities for residual waste

§ 295.271.  Daily operational records.

   (b)(5)  A record of deviation from the approved design or operational plans. Any deviation from the permit must be reported to the Department immediately. § 287.222.

   (b)(6)  A record of activities for which entries are needed to comply with the annual operation report required in § 295.272 (relating to annual operation report). The information remaining in § 295.271 after this revision will meet the requirements of § 295.272.

§ 295.272.  Annual operation report.

   (b)(2)  The transporters of the waste. Daily operational record. § 295.271(b)(3).

   (b)(4)  The type and weight or volume of waste received from each transporter. Daily operational record. § 295.271(b)(1) and (b)(3) require recording of waste received by amount and recording of transporters, but not waste received by each transporter.

Chapter 297.  Incinerators and other processing facilities

§ 297.262.  Annual operation report.

   (b)(3)  The transporters of the solid waste. Daily operational record. § 297.261(b)(3).

   (b)(5).  The name, county and state of the facility where bypass wastes and waste products are ultimately disposed. Daily operational record. § 297.261(b)(5).

   (b)(6)  The type and weight or volume of solid waste received from each transporter. Daily operational record. § 297.261(b)(1) and (3) require recording of waste received by amount and recording of transporters, but not waste received by each transporter.

Chapter 299.  Storage and transportation of residual waste

§ 299.219(b)  Annual report. Deleted.

   (b)(1)  A summary of the types or classifications of residual wastes transported each month of the year by weight or volume and annual totals. Daily record. § 299.219(a)(2). Annual totals would not appear on the daily record.

   (b)(2)  The name, mailing address, county and state of each generator of the transported waste, including the type or classification of the waste, and weight or volume of the waste. Daily record. § 299.219(a)(1), (2) and (3) requires this information, but without classification.

   (b)(3)  The destination or facility to which the wastes were delivered by the name, mailing address, county, state, type or classification of the waste and the weight or volume of the waste. Daily record. § 299.219(a)(4). Identification of the quantity of waste delivered to a specific destination will no longer be required.

E.  Summary of Comments and Responses on the Proposed Rulemaking

   Notice of proposed rulemaking was published at 27 Pa.B. 893 (February 15, 1997). The proposal set forth a 60-day public comment period. The Board held one public hearing in Harrisburg on April 1, 1997.

   During the public comment period, the Board received written comments from eight individuals or organizations and one organization presented testimony at the public hearing.

   The Board and the Department considered the comments received at the public hearing and the written comments in formulating the final regulations. The Department has completed a review of the comments and has prepared a comment and response document that addresses each comment on the proposed amendments.

   The following is a summary of major comments received and changes which have been made to the proposed rulemaking. The summary is listed in the same order as the final regulations.

Article VIII.  Municipal Waste

   Chapter 271 (relating to municipal waste management--general provisions)

   Electronic data submission--§ 271.4 (relating to alternate data submission)

   Section 271.4 authorizes data required under the municipal waste regulations to be submitted electronically or on magnetic or optic storage media. The Board received one comment requesting more specificity as to how this amendment will be implemented and when its use will be authorized. The Board declined to revise the proposed amendment as requested because the rapidly changing nature of technology could quickly render it moot. The Department intends to encourage the electronic submission of data under this amendment. The Department is developing a policy which identifies standard industry and government rules and protocols for use in electronic reporting that will apply across all programs to enable persons to submit electronic data in a standard format. The policy will be more readily revised to keep up with industry changes than would a regulation.

Chapter 272 (relating to municipal waste planning, recycling and waste reduction).

County plan revisions--§§ 272.251 and 272.252 (relating to submission of revisions; and development of plan revisions)

   The Municipal Waste Stakeholders Group recommended that counties be authorized to add or delete disposal or processing facilities, or both, to or from their municipal waste management plans without having to perform a substantial plan revision. Several revisions in this final-form rulemaking implement this recommendation, as follows.

   Section 272.251 has been amended in subsection (c) to clarify that the Department will subject a substantial as well as a nonsubstantial plan revision to a full review under § 272.244 (relating to Departmental review of plans) to the extent that the plan is affected by the revision. The review will focus on the portions of the plan which are affected by the plan revision.

   The Board amended § 272.252 in order to strengthen the plan revision process by requiring that when a county submits to the Department a notice that it intends to revise its plan, the county must describe in the notice the way in which capacity will be assured for the remainder of the planning period.

   Section 272.252 was amended in the proposed rulemaking to eliminate from the list of items that require a substantial plan revision the addition or deletion of a facility to or from a county municipal waste management plan. No comments were received on this revision, and it remains in the final-form regulation. Now a facility may be added to or deleted from a plan without a substantial revision.

Chapter 273 (relating to municipal waste landfills)

Enlargement of purpose--§ 273.202 (relating to areas where municipal waste landfills are prohibited)

   One commentator requested that the regulation concerning siting landfills in the vicinity of airports (§ 273.202) should be changed. The Board believes that the change would enlarge the purpose of this rulemaking because § 273.202 and landfill siting criteria were not included in the proposed rulemaking. The Board, therefore, has not included it in this rulemaking although it will consider it in a later rulemaking.

Daily records--§ 273.311 (relating to daily operational records)

   The proposed rule stated that daily records were to be retained for the life of the facility bond, or longer if directed by the Department. The Board received one comment questioning the need to keep daily records longer than the life of the facility bond or the 5 years required by section 704 of the Municipal Waste Planning, Recycling and Waste Reduction Act. The comment applied to all daily records sections addressed in this rulemaking. The commentator recommended that if a longer retention period were justified, then the final regulation should describe circumstances when it will be invoked. The Board revised § 273.311 to indicate that the longer retention period will be required for municipal waste landfills if the Department determines it to be necessary to meet the standards of the environmental protection acts. This standard will be particularly useful when an environmental problem or other incursion is suspected or discovered near the end of the regular records retention period. The language is drawn from section 505(a) of the SWMA.

   One commentator stated that the regulations should require that all daily operational records be retained by the operator for a minimum of 5 years, in light of section 704 of the Municipal Waste Planning, Recycling and Waste Reduction Act, which requires this of municipal waste landfills and resource recovery facilities. The Board amended § 273.311 accordingly.

   One commentator suggested that the sections of the proposed amendments concerning retention of daily operational records for the life of the facility bond or longer cross-reference the particular bond being referred to. The Board declined to make this change for municipal waste landfills and for all other facilities in this rulemaking because it is unnecessary. Under the SWMA, the affected facilities only operate under one bond.

Annual reports--§ 273.313 (relating to annual operation report)

   One commentator requested that the requirement to record the ''type and weight or volume of solid waste received from each transporter that delivered waste to the facility'' be reinserted in the annual operation reports sections. The Board declined to make this change for municipal waste landfills and for all other facilities in this rulemaking because the information is generally available in the daily records and is available to the Department and host municipalities (of which the commentator is one). In addition, there has been no expression of interest in obtaining this information from annual operation reports in the past.

Chapter 277 (relating to construction/demolition waste landfills)

Daily records--§ 277.311 (relating to daily operational records)

   The Board received one comment questioning the need to keep daily records longer than the life of the facility bond or the 5 years required by section 704 of the Municipal Waste Planning, Recycling and Waste Reduction Act. Section 704 is not relevant, however, because it only applies to municipal waste landfills and resource recovery facilities. The comment applied to all daily records sections addressed in this rulemaking. The commentator recommended that if a longer retention period were justified, then the final regulation should describe circumstances when it will be invoked. The Board revised § 277.311 to indicate that the longer retention period will be required for construction/demolition waste landfills if the Department determines it to be necessary to meet the standards of the environmental protection acts. This standard will be particularly useful when an environmental problem or other incursion is suspected or discovered near the end of the regular records retention period. The language is drawn from section 505(a) of the SWMA.

Chapter 279 (relating to transfer facilities)

Daily Records--§ 279.251 (relating to daily operational records)

   In response to the comment questioning the need for a longer daily record retention period (see discussion under § 277.311), the Board revised § 279.251 to indicate that the longer retention period will be required for transfer facilities if the Department determines it to be necessary to meet the standards of the environmental protection acts.

Chapter 281 (relating to composting facilities)

Daily records--§ 281.271 (relating to daily operational records)

   In response to the comment questioning the need for a longer daily record retention period (see discussion under § 277.311), the Board revised § 281.271 to indicate that the longer retention period will be required for composting facilities if the Department determines it to be necessary to meet the standards of the environmental protection acts.

Chapter 283 (relating to resource recovery and other processing facilities)

Daily records--§ 283.261 (relating to daily operational records)

   One commentator stated that the regulations should require that all daily operational records be retained by the operator for a minimum of 5 years, in light of section 704 of the Municipal Waste Planning, Recycling and Waste Reduction Act. The Board amended § 283.261 accordingly.

   In response to the comment questioning the need for a longer daily record retention period (see discussion under § 273.311), the Board revised § 283.261 to indicate that the longer retention period will be required for resource recovery facilities if the Department determines it to be necessary to meet the standards of the environmental protection acts.

Chapter 285 (relating to storage, collection and transportation of municipal waste)

Municipal waste transporter records and reports--§ 285.217 (relating to recordkeeping and reporting)

   The Board revised § 285.217 so that a person or municipality that collects or transports municipal waste, other than infectious and chemotherapeutic waste, is only required to make and maintain one record instead of two. The operator must keep this record in the cab of the vehicle on the date of collection or transportation. The record must be retained for 5 years. The Board revised the contents of the record slightly to provide consistency with the residual waste collection or transportation record required by § 299.219 (relating to recordkeeping and reporting). To do this, the Board added the requirement that the record describe any handling problems or emergency activities. The Board also changed the title of this section from ''Recordkeeping'' to ''Recordkeeping and reporting.''

Article IX--Residual Waste

Chapter 287 (relating to residual waste management-- general provisions)

Generator recordkeeping requirements--§ 287.51 (relating to scope)

   The Board received one comment suggesting that the ''waive or modify'' language in § 287.51 be deleted. In response to this comment, the Board made several changes to this Section. Under the final regulation, a person or municipality that generates more than an average of 2,200 pounds of residual waste per generating location per month based on generation in the previous year shall submit a biennial report and source reduction strategy. In subsection (b), any person or municipality that generates more than 2,200 pounds of residual waste per generating location in any single month in the previous year (not an average) shall continue to submit a chemical analysis in accordance with § 287.54 (relating to chemical analysis of waste). This requirement was inadvertently altered in the proposed rulemaking. The authority of the Department to ''waive or modify'' the requirements of § 287.51 for individual types of waste generated in quantities of less than 2,200 pounds per month per generating location is eliminated to the extent that it pertains to the biennial report and the source reduction strategy. This is a change from the proposed amendment which inadvertently altered the threshold determination for a chemical analysis.

Biennial report--§ 287.52 (relating to biennial report)

   The Board received one comment asking the Department to eliminate its practice of requiring generators to report the volume of water discharged through a National Pollutant Discharge Elimination System (NPDES) outfall as residual waste in the biennial report under § 287.52. The Board declined to make this change because the information is helpful to the Department. After evaluation by the Department of the 1997 biennial report data, the Board will be in a better position to consider whether there is a need to revise the requirement to report wastewater as residual waste.

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Deletion	Alternate Information Source
Chapter 273. Municipal waste landfills
§ 273.313. Annual operation report.
(b)(1) Weight or volume of solid waste received.	Daily record. § 273.311(b)(1). Quarterly fee report. § 273.312(b)(1).
(b)(2) Type and weight or volume of solid waste received by county or state.	Daily record. § 273.311(b)(2). Quarterly fee report. § 273.312(b)(2).
(b)(3) Type and weight or volume of solid waste received by transporter.	Daily record. § 273.311(b) (1) and (3) require recording of the amount and type of waste and the transporters but not the amount or type of waste received from each transporter.
(b)(4)(ii, iv, v, vi) Location of groundwater monitoring wells, access roads, erosion and sedimentation control structures and devices, leachate storage or treatment facilities, property lines, boundaries of permitted fill areas and boundaries of lined areas.	Maps and related information. § 273.113. Map and grid requirements. § 273.133. Water quality monitoring plan. § 273.152. Recordkeeping. § 273.288. Permit modification. § 271.222.
(b)(10) A description of emergency disposal areas or methods approved by the Department and used by the operator, which are not described in the permit.	Daily record. § 273.311(b)(5).
(b)(11) Notification of critical stages of facility construction requiring professional engineer certification in the next year.	Operation plan. § 273.132(1). Permit modification. § 271.222.
(b)(12) An analysis of special handling or residual waste received at the facility in the previous year.	Facility is required to receive these analyses and keep them as part of their approval to receive these wastes. § 271.621.
(b)(15) Counties that have used the facility during the past year.	Daily operational record. § 273.311(b)(2).
Chapter 277. Construction/demolition waste landfills
§ 277.312. Annual operation report.
(b)(1) Weight or volume of the types of solid waste received.	Daily record. § 277.311(b)(1).
(b)(2) The type and weight or volume of solid waste received by county or state.	Daily record. § 277.311(b)(2).
(b)(3) Type and weight or volume of solid waste received from each transporter that delivered waste to the facility.	Daily records. § 277.311(b)(1) and (3) require recording the amount and type of waste and the transporters but not the amount and type of waste received from each transporter
(b)(4)(ii, iv, v, vi) Groundwater monitoring wells, access roads, facility office, erosion and sedimentation control structures, leachate storage or treatment facilities, property lines, boundaries of permitted fill areas and boundaries of lined areas.	Map and grid requirements. § 277.133. Map and related information. § 277.113. Leachate treatment plan. § 277.162. Permit modification. § 271.222.
(b)(10) A description of emergency disposal areas or methods approved by the Department and used by the operator, which are not described in the permit.	Daily operational record. § 277.311(b)(5).
(b)(11) Notification of critical stages of facility construction or operation that require professional engineer certification.	Operation plan. § 277.132(1). Map and grid requirements. § 277.133(a)(1).
Chapter 279. Transfer facilities
§ 279.252. Annual Operation Report
(b)(1) The weight or volume of each waste received.	Daily record. § 279.251(b)(1).
(b)(2) The county or state in which the solid waste originated.	Daily record. § 279.251(b)(2).
(b)(3) The transporters of the solid waste.	Daily record. § 279.251(b)(3).
(b)(4) The weight or volume of each material recycled or marketed.	Daily record. § 279.251(b)(5) requires information on materials recycled but not materials marketed.
(b)(5) The destination of the solid waste.	Daily record. § 279.251(b)(4).
(b)(9) A description of emergency disposal areas.	Daily record. § 279.251(b)(6).
(b)(10) An analysis of special handling waste received at the facility in the previous year.	Facility is required to receive these analyses and keep them as part of their approval to receive these wastes. § 271.621.
Chapter 281. Composting facilities
§ 281.272. Annual operation report.
(b)(2) The transporters of the waste.	Daily record. § 281.271(b)(3).
(b)(4) The type and weight or volume of waste received by transporter.	Daily records. § 281.271(b) (1) and (3) require recording of the amount and type of waste and the transporters but not the amount or type of waste received from each transporter.
(b)(10) Certification that the operator has received the chemical analysis of waste for each type of residual waste or special handling waste received at the facility.	Facility is required to receive these analyses and keep them on file as part of its permit to receive residual and/or special handling municipal waste. § 271.621.
Chapter 283. Resource recovery and other processing facilities
§ 283.262. Annual operation report.
(b)(2) The county or state in which the solid waste originated.	Daily record. § 283.261(b)(2).
(b)(3) The transporters of the solid waste.	Daily record. § 283.261(b)(3).
(b)(4) The weight or volume of each material recycled or marketed as a result of the process.	Daily record. § 283.261(b)(4).
(b)(5) For bypassed wastes and waste products, the name and county or state of the facility where the solid waste is ultimately disposed.	Daily record. § 283.261(b)(5).
(b)(6) A description of handling problems or emergency disposal activities.	Daily record. § 283.261(b)(6).
(b)(7) The type and weight or volume of solid waste received from each transporter.	Daily record. § 283.261(b) (1) and (3) require recording of the amount and type of waste and the transporters but not the amount or type of waste received from each transporter.
(b)(11) A description of emergency disposal areas or methods.	Daily record. § 283.261(b)(6).
(b)(12) An analysis of special handling waste received at the facility in the previous year.	Facility is required to receive these analyses and keep them as part of their approval to receive these wastes. § 271.621.
Chapter 285. Storage, collection and transportation of municipal waste
Subchapter C. Transporter licensing for infectious and chemotherapeutic waste
§ 285.334. Annual report.
(b)(1) The name, mailing address and telephone number for each generator from whom the transporter accepted infectious or chemotherapeutic waste.	Manifest. § 285.412(a)(1).
(b)(2) Telephone number of the processing or disposal facility.	Manifest. § 285.412(a)(10).
(b)(3) The State manifest document number for each shipment of infectious or chemotherapeutic waste transported.	Document number is not needed. The Department does not receive a copy of the manifest.
(b)(5) When more than one transporter is used to transport a single shipment of infectious or chemotherapeutic waste from the generator to the processing or disposal facility, the name, mailing address, telephone number and infectious or chemotherapeutic waste license number for each transporter.	Manifest. § 285.412(a)(3) and § 285.411(c)(2) and (3).
Chapter 287. Residual waste management--general provisions.
§ 287.51. Scope
(Threshold for submitting biennial report and source reduction strategy now based on average generation rate over 1 year, rather than generation rate per month.	Insignificant change: exempts reporting data on only 0.01% of residual waste.
Chapter 288. Residual waste landfills
§ 288.282. Quarterly operation report. Deleted.
(b)(1) The type and weight or volume of solid waste received.	Daily record. § 288.281(b)(1).
(b)(2) For noncaptive facilities, the name, mailing address, county and state of each generator of residual waste.	Daily record. § 288.281(b)(8)(ii).
(b)(3) An analysis of the quality and quantity of leachate flowing from the landfill into the leachate storage and treatment system.	Added to daily record. § 288.281(b)(8)(iii).
§ 288.283. Annual Operation Report.
(b)(2)(ii) The location of groundwater monitoring wells, access roads and the facility office.	Permit modification. § 287.222. Application map and grid requirements. § 288.133(a).
(b)(2)(iv) Erosion and sedimentation control structures and devices.	Permit modification. § 287.222. Application map and grid requirements. § 288.133(a)(6).
(b)(2)(v) Leachate storage or treatment facilities, or both.	Permit modification. § 287.222. Leachate treatment plan. § 288.413. Leachate treatment plan. § 288.513.
(b)(2)(vi) Property lines, boundaries of permitted fill areas and boundaries of lined areas.	Permit modification. § 287.222. Application map and grid requirements. § 288.133.
(b)(11)(ii) For noncaptive facilities the type and weight or volume of solid waste received from each transporter.	Daily record. § 288.281(b)(1) and (b)(8)(i) require recording of the amount and type of waste and the transporters but not the amount or type of waste received from each transporter.
Chapter 289. Residual waste disposal impoundments
§ 289. 303. Annual Operation Report
(b)(2)(i) The contours at the beginning and the end of the year.	Not appropriate for an impoundment.
(b)(2)(ii) The location of groundwater monitoring wells, access roads and the facility office.	Map and grid requirements. § 289.133. Operation plan. § 289.132. Permit Modification. § 287.222.
(b)(2)(iii) The completed area of the site as well as areas partially filled but not active during the previous years.	Not appropriate for an impoundment.
(b)(2)(iv) Erosion and sedimentation control structures and devices.	Operation plan. § 289.132. Map and grid requirements. § 289.133(a)(6). Permit Modification. § 287.222.
(b)(2)(v) The location of treatment facilities.	Map and grid requirements. § 289.133(a)(6). Postclosure land use plan. § 289.172. Permit modification. § 287.222.
(b)(2)(vi) Property lines, boundaries of permitted disposal areas and boundaries of lined areas.	Permit application. § 289.133. Permit modification. § 287.222.
(b)(8) Notification of critical stages of facility construction or operation that require certification by a registered professional engineer which will occur the next year.	Certification. § 289.202.
(b)(10) Certification that the operator has received the waste analysis or certification required by § 287.54 (relating to chemical analysis of waste) for special handling waste received at the facility, and that the special handling waste that is received at the facility meets the conditions in the facility's permit.	Special handling wastes are not permitted to be disposed at a residual waste impoundment. § 289.423 and § 289.523.
(b)(11)(ii) For noncaptive facilities, the type and weight or volume of solid waste received from each transporter.	Daily records. § 289.301(b) (1) and (b)(7)(i) require recording of the amount and type of waste and the transporters but not the amount or type of waste received from each transporter.
Chapter 293. Transfer facilities for residual waste
§ 293.252. Annual operational record.
(b)(2) The type and weight or volume of solid waste received from each generator, including the name, mailing address, county and the state of each generator.	Daily record. § 293.251(1) and (2) requires this information be recorded by type and amount but not by each generator.
(b)(3) The transporters of the solid waste.	Daily record. § 293.251(b)(3).
Chapter 295. Composting facilities for residual waste
§ 295.271. Daily operational records.
(b)(5) A record of deviation from the approved design or operational plans.	Any deviation from the permit must be reported to the Department immediately. § 287.222.
(b)(6) A record of activities for which entries are needed to comply with the annual operation report required in § 295.272 (relating to annual operation report).	The information remaining in § 295.271 after this revision will meet the requirements of § 295.272.
§ 295.272. Annual operation report.
(b)(2) The transporters of the waste.	Daily operational record. § 295.271(b)(3).
(b)(4) The type and weight or volume of waste received from each transporter.	Daily operational record. § 295.271(b)(1) and (b)(3) require recording of waste received by amount and recording of transporters, but not waste received by each transporter.
Chapter 297. Incinerators and other processing facilities
§ 297.262. Annual operation report.
(b)(3) The transporters of the solid waste.	Daily operational record. § 297.261(b)(3).
(b)(5). The name, county and state of the facility where bypass wastes and waste products are ultimately disposed.	Daily operational record. § 297.261(b)(5).
(b)(6) The type and weight or volume of solid waste received from each transporter.	Daily operational record. § 297.261(b)(1) and (3) require recording of waste received by amount and recording of transporters, but not waste received by each transporter.
Chapter 299. Storage and transportation of residual waste
§ 299.219(b) Annual report. Deleted.
(b)(1) A summary of the types or classifications of residual wastes transported each month of the year by weight or volume and annual totals.	Daily record. § 299.219(a)(2). Annual totals would not appear on the daily record.
(b)(2) The name, mailing address, county and state of each generator of the transported waste, including the type or classification of the waste, and weight or volume of the waste.	Daily record. § 299.219(a)(1), (2) and (3) requires this information, but without classification.
(b)(3) The destination or facility to which the wastes were delivered by the name, mailing address, county, state, type or classification of the waste and the weight or volume of the waste.	Daily record. § 299.219(a)(4). Identification of the quantity of waste delivered to a specific destination will no longer be required.

RULES AND REGULATIONS

ENVIRONMENTAL QUALITY BOARD

[25 PA. CODE CHS. 271--273, 277, 279, 281, 283, 285, 287--289, 291, 293, 295, 297 and 299]

Municipal, Residual and Infectious and Chemotherapeutic Waste Recordkeeping and Reporting; Substantial Plan Revisions

[27 Pa.B. 6190]

E. Summary of Comments and Responses on the Proposed Rulemaking

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