[29 Pa.B. 2367]
[Continued from previous Web Page] 4. These reporting requirements allow the Department to receive the data in a timely fashion. It can be analyzed and assessed in the early stages of any environmental problem. This provides a proactive rather than a remedial response which is the purpose of the hazardous waste regulations.
These monitoring and reporting requirements, like the Federal requirements, only apply to active facilities that have releases to groundwater. For facilities that have gone through closure and are in postclosure care, some flexibility may be warranted. The Board has provided flexibility on the issue of monitoring and reporting frequency in cases in which the owner or operator of a facility that is conducting postclosure activities has demonstrated that the facility is secure. In these situations, a reduction of the monitoring frequency from quarterly to semi-annually will be allowed. The final-form regulations, by incorporation of Federal language found in 40 CFR 264.117 and 264.118 (relating to postclosure care and use of property; and postclosure plan; amendment of the plan), provide this flexibility.
Closure and Postclosure--Chapters 264a and 265a, Subchapter G
A minor change to §§ 264a.115, 264a.120, 265a.115 and 265a.120 has been made in the final-form regulations clarifying that Commonwealth specific procedures are required for owners or operators to certify closure and postclosure. The final-form regulations retain the certification provisions previously found in § 267.26 and which have been relocated in the final-form regulations to §§ 264a.166 and 265a.166. The final-form regulations are different from the proposed rulemaking because the proposed regulations incorporated by reference 40 CFR 264.143(i), 264.145(i), 265.143(h) and 265.145(h). These Commonwealth specific certification procedures are necessary to demonstrate that the facility is closed and that the closure or postclosure bond can be released by the Department. This change was necessary because the Federal provisions in 40 CFR 264.143(i), 264.145(i), 265.143(h) and 265.145(h) that were proposed to be incorporated by reference do not provide a mechanism for release of closure or postclosure bonds.
Financial Assurance for Closure and Postclosure Care--Chapters 264a and 265a, Subchapter H
The final-form regulations have been slightly modified. The final-form regulations include cross references that connect together different financial assurance provisions. The final-form regulations also update some of the terminology used in the financial assurance regulations. The term ''financial institution'' has been broadened to include entities other than banks, and the term ''customer'' has been changed to ''operator.''
Financial Assurance for Closure and Financial Assurance for Postclosure--§§ 264a.143, 264a.145, 265a.143 and 265a.145
Several commentators noted that the Commonwealth's failure to incorporate 40 CFR 264.143, 265.143, 264.145 and 265.145 puts the Commonwealth's facilities at a competitive disadvantage, since the Commonwealth closure and postclosure RCRA requirements foreclose all of the financial instrument options available under these Federal provisions. The commentators recommended that the Board incorporate the Federal provisions into the Commonwealth's regulations.
The Board has reviewed all of the Federal provisions and has determined that, with the exception of the bond pledging a corporate guarantee, the Federal financial instruments that are authorized by 40 CFR 264.143 and 264.145 (relating to financial assurance for closure; and financial assurance for post-closure care) fail to satisfy the SWMA requirement that operators submit bonds. In addition, Federal financial assurance mechanisms that require the use of a standby trust fund fail to satisfy the SWMA requirement that all forfeited bond proceeds go to the Solid Waste Abatement Fund.
Liability Requirements--40 CFR 264.147 and 265.147
Several commentators noted that proposed § 264a.147 (relating to liability requirements) contains liability insurance requirements that exceed Federal requirements. Commentators expressed opinions that the Federal requirements are sufficient and should be adopted by reference. The requirement for an ordinary public liability policy, including the amounts required, were proposed to be relocated from § 267.42 (relating to insurance coverage) to §§ 264a.147 and 265a.147 (relating to liability requirements). The proposal anticipated the need to continue to differentiate between environmental impairment and ordinary public liability coverage. Upon further review, the Department has determined that the Federal insurance provisions satisfy the SWMA requirements. Changes have been made to the EPA's insurance requirements since the Commonwealth last amended its hazardous waste insurance requirements, which now include comprehensive general (ordinary public liability) coverage, and consequently, the Federal insurance requirements now satisfy the SWMA requirements. The final rulemaking will incorporate the Federal requirement for liability requirements--the separate proposed requirement for comprehensive general liability (ordinary public liability) coverage has been removed from the final-form regulations.
Wording of Instruments--§§ 264a.151 and 265a.151
The proposed rulemaking incorporated by reference 40 CFR 264.151 and 265.151 (relating to wording of instruments). The Board has decided not to incorporate this Federal provision since the Commonwealth will review each instrument on a case by case basis to determine if it complies with Commonwealth law and if it is appropriate for the facility that is submitting the financial instrument.
Form, Terms and Conditions of Bonds--§§ 264a.154 and 265a.154
The EPA also commented that, unlike the Federal requirements, the Commonwealth does not require the owner or operator to submit the letter of credit at least 60 days before the date on which hazardous waste is first received for treatment, storage or disposal. The Board agrees and has modified §§ 264a.154 and 265a.154 to require submittal of a letter of credit at least 60 days prior to the date on which hazardous waste is first received by the facility.
Special Conditions for Collateral Bonds and Bonds Pledging Corporate Guarantee--§§ 264a.156 and 265a.156
The EPA commented that §§ 264a.156(d)(1) and 265a.156(d)(1) of the proposed rulemaking specified that the letter of credit shall be a standby or guarantee letter of credit. The Federal code only specifies a standby letter of credit and does not appear to allow a guarantee letter of credit. Depending on the Commonwealth's interpretation of ''standby letter of credit'' and ''guarantee letter of credit,'' the EPA felt that the Commonwealth could be less stringent than the Federal rule. The Board has reviewed the Commonwealth requirements for a standby or guarantee letter of credit and has found that either term is used to describe the same type of letter of credit. Therefore, the final-form regulations have eliminated the phrase ''or guarantee'' from §§ 264a.156(d)(1) and 265a.156(d)(1).
The EPA noted that 40 CFR 264.143(d)(5) requires that the letter of credit must be issued for at least 1 year, must be automatically extended for a period of at least 1 year, and must require at least a 120-day notification by certified mail prior to termination. The EPA believes that the Commonwealth could be less stringent because the proposed rulemaking does not include these specific requirements. The final-form regulations include a modification to § 264a.156 to reflect the 1 year minimum time periods and the 120-day termination notice by certified mail. The same change has been made to § 265a.156.
Cost Estimate for Closure and Postclosure Care--§§ 264a.161 and 265a.161
The final-form regulations delete these proposed sections. The proposed provisions require an owner or operator to prepare a detailed written cost of closing the facility and providing postclosure care as specified in 40 CFR 264.142, 264.144, 265.142 and 265.144. These requirements are already incorporated by reference and therefore, the proposed rulemaking is unnecessary.
Bond Amount Adjustments, Adequate Bond and Bond--§§ 264a.162 and 265a.162
The EPA commented that the responsibility for determining if a bond amount change is needed rests with the permittee under the Federal requirements and with the Department under the Commonwealth's requirements. This could make the Commonwealth less stringent if the Department fails to demand that the permittee increase the bond amount in the same circumstances where the permittee would have to do so under the Federal Code. The Board agrees with this comment and has changed the final-form regulations to require operators to deposit with the Department additional amounts of bond if the cost of closure or postclosure increases. This provision has been added to §§ 264a.162 and 265a.162.
Bond Release--§§ 264a.165 and 265a.165
The EPA stated that under the proposed rulemaking in §§ 264a.165(e) and 265a.165(e), the Department has 6 months within which to make a decision on a bond release application. Under the Federal regulations, the regional administrator has 60 days to make a decision and notify the owner. The EPA believes that this could make the Commonwealth less stringent than the EPA. The Board has retained the 6 month review period for a bond release. The Board has determined that the Department must have 6 months to reach a decision on bond release so that the Department has the time necessary to make a correct decision on bond release. Limiting the time period to a 60 day maximum could force a decision which is based on time rather than on accurate and complete site information. Nothing in the final-form regulations prevent the Department from making a bond release decision before the 6 month time period expires.
Management of Containers--§§ 264a.173 and 265a.173
One commentator recommended that the Department incorporate by reference 40 CFR 264.173 and 265.173 (relating to the management of containers) without further restrictions on the labeling of containers. The commentator stated that Federal regulations require that any hazardous waste being accumulated in a satellite area be placed in a container labeled as hazardous waste and that the operator use US DOT approved containers. The commentator pointed out that containers placed in a storage area (including generator storage of less than 90 days) must, according to Federal regulations, have the proper labels that indicate the type of waste in the containers, waste codes of the waste in the containers, and date the waste was placed in the storage area. The Board's proposed rulemaking never included a Commonwealth labeling requirement, although the Preamble inaccurately stated that the labeling requirement was being proposed. The Board's final-form regulations do not include a Commonwealth labeling requirement for containers, and any applicable Federal labeling requirements will continue to apply.
Containment--§§ 264a.173, 265a.173, 264a.175 and 265a.175
Several commentators noted that proposed §§ 264a.175 and 265a.175 (relating to management of containers) included detailed provisions applicable to storage of hazardous waste containers. Specific requirements for maximum container height, width and depth of container groups and aisle widths were prescribed. Comparable Federal regulations do not contain these exact requirements. Commentators stated that the proposed Commonwealth provisions do not accommodate newer containers known as ''totes'' and suggest that the final-form regulations be more performance oriented.
The Board agrees and has modified the proposed language in §§ 264a.175 and 265a.175 (relating to containment in the proposed regulation), to exclude the prescriptive nature of the requirements and modify the proposed rulemaking towards performance-based requirements directed toward the use of best management practices, that is, maintaining appropriate aisle spacing, heights and configuration of containers to allow for the use of more modern containers and to facilitate inspections and unobstructed movement of emergency equipment and personnel. The requirements for the management of containers have also relocated to §§ 264a.173 and 265a.173 (relating to management of containers) in the final-form regulations.
Inspections--§§ 264a.195 and 265a.195
One commentator suggested deleting the requirement found in § 265a.195 (relating to inspections) to inspect hazardous waste tanks every 72 hours when the facility is not operating. The commentator felt that site specific best management practices could be employed to replace inspection requirements when the facility is not operating. Another commentator stated that the inspection requirement should be retained.
After consideration, the Board has decided to retain the proposed rulemaking. The proposed language clarified that the inspections were only required at facilities that were not operating but that continued to store waste in the tank and tank system components. The Board has determined that, as long as waste remains in the tank and tank components, there is a potential for leaks and spillage, and therefore, the facility should be inspected on a regular basis.
Surface Impoundments--§ 264a.221 and Chapter 264a, Subchapter K
In the final-form regulations, the variance procedure that was proposed for surface impoundments was relocated from § 264a.1(b)(6) to the specific subchapters for surface impoundments, § 264a.221 (relating to design and operating requirements). This was done for clarity and the convenience of surface impoundment operators.
Land Treatment--§ 264a.276 and Chapter 264a, Subchapter M
The final-form regulations eliminate a redundant requirement from the proposal. In the proposal, § 264a.276 (relating to food chain crops) repeated the annual application of cadmium rates found in 40 CFR 264.278(b)(ii) (relating to unsaturated zone monitoring), which is incorporated by reference. Reiterating those application rates in the regulation is not necessary.
Landfills--§ 264a.301 and Chapter 264a, Subchapter N
In the final-form regulations, the variance procedure that was proposed for surface impoundments and landfills was relocated from § 264a.1(b)(6) to the specific subchapter for landfills, § 264a.301 (relating to design and operating requirements). This was done for clarity and the convenience of operators of landfills.
Corrective Action for Solid Waste Management Units--40 CFR Part 264, Subpart S
The proposed rulemaking did not incorporate by reference the corrective action program found in 40 CFR Part 264, Subpart S (relating to corrective action for solid waste management unit). Upon further review, the Board has decided to include the corrective action program in the Commonwealth's hazardous waste regulation. The Board's decision is based on an EPA comment stating that the Commonwealth must have regulations for corrective action if it intends to seek authorization for corrective action. Although the Commonwealth has not decided whether or not it will seek authorization for corrective action, the final-form regulations do include the corrective action provisions. However, unlike the other provisions of the final-form regulations, the effective date of the corrective action provisions is the date on which the EPA approves of the corrective action provisions as part of the Commonwealth's hazardous waste program. The Board has decided to include the corrective action regulations in the final-form regulations so that the Commonwealth can easily seek authorization for the corrective action program in the future, if it decides that it wants to administer the corrective action program.
Recyclable Materials Used in a Manner Constituting Disposal--Chapter 266a, Subchapter C
The proposed rulemaking required prior written Department approval of products that contain recyclable materials to be used by the public in a manner that constitutes disposal. The Board has determined that this requirement is no longer necessary. After surveying other states that do not have this requirement, the Department found that these states did not report any problems that they felt could be aided by inclusion of this type of requirement, and therefore, the Board has eliminated this requirement from the final-form regulations.
Waste Oil--§§ 261a.6(a) and 261a.5(a); Chapter 266a.40, Subchapter E; 40 CFR 261.5(j) and 261.6(a)(4)
The Board received several comments stating that the regulations regarding waste oil were confusing since the Board only proposed to renumber the existing regulations but did not propose to incorporate the Federal waste oil provisions into the Commonwealth's waste program. The commentators were particularly confused about cross references to the Federal waste oil requirements that are found in some of the Federal provisions that the Commonwealth has incorporated by reference. After reviewing the waste oil provisions of the proposed rulemaking, the Board has decided to write out the waste oil provisions with cross reference corrections rather than rely on an editor's note stating that the existing waste oil provisions are being renumbered. Therefore, the final-form regulations include the text of the waste oil regulations that were intended to be renumbered only. The text of the final-form regulations include corrections to cross reference citations. The final-form regulations do not change substantively the requirements of the Commonwealth's waste oil regulations that were found previously in Chapter 266, Subchapter E.
The final-form regulations have several provisions that regulate waste oil. The final-form regulations provide that, unless excluded by Chapter 266a, Subchapter E, waste oil that is hazardous and that is being burned for energy recovery is subject to Chapter 266a, Subchapter E. The final rulemaking does not substantively amend the Department's existing regulations regarding waste oil burned for energy recovery. The only substantive change that has been made to the Department's proposed rulemaking regarding waste oil is that the Commonwealth has incorporated by reference the Federal CESQG provision found in 40 CFR 261.5(j) without modification. This provision, as incorporated, subjects mixtures of CESQG waste and waste oil to Chapter 266a, Subchapter E if the mixtures are being burned for energy recovery and to the regulations applicable to all CESQG hazardous waste which are found at 40 CFR 261.5 and § 261a.5 if the mixtures will be recycled or reused.
In sum, several provisions of the hazardous waste regulations apply to waste oil. 40 CFR 261.6(a)(4) and § 261a.6(a) regulate waste oil that is hazardous solely due to a characteristic and that is to be recycled or reused. If this type of waste oil is destined to be burned for energy recovery, § 261a.6(a) requires the operator to comply with Chapter 266a, Subchapter E. If this type of waste oil is not destined to be burned for energy recovery, § 261a.6(a) requires the operator to comply with the residual waste regulations. In the proposed rulemaking, § 261a.3(b) set forth the same requirements that have been relocated to 40 CFR 261.6(a)(4) and § 261a.6(a) of the final-form regulations. Chapter 266a, Subchapter E continues to direct the operator dealing with waste oil that is destined to be burned for energy recovery to the applicable provisions of the regulations. Mixtures of CESQG waste and waste oil are regulated under 40 CFR 261.5 and § 261a.5. In accordance with 40 CFR 261.5(j), if mixtures of CESQG waste and waste oil are burned for energy recovery, the mixtures are subject to Chapter 266a, Subchapter E. The final-form regulations are not intended to change the substance of Chapter 266a, Subchapter E. The changes made to Chapter 266a, Subchapter E are intended to correct cross references and to take into account the adoption of the boiler and industrial furnace rule, incorporated by reference in Chapter 266a, Subchapter H (relating to hazardous waste burned in boilers and industrial furnaces). The Department has proposed a rulemaking specifically for waste oil at 29 Pa.B. 1975. Any substantive changes to the waste oil provisions will be made through that rulemaking
Recyclable Materials Utilized for Precious Metal Recovery--Chapter 266a, Subchapter F
The Board proposed to incorporate by reference the Federal provisions for precious metal recovery. In addition, the proposed rulemaking required operators of precious metals recovery facilities to obtain treatment permits under the proposed language of § 261a.6 (relating to recyclable materials). After further consideration, the Board has determined that requiring individual permits for these facilities discourages recycling of precious metals. Therefore, the Board has added a new permit by rule in § 270a.60(b) for facilities that recover precious metals. This permit by rule will satisfy the SWMA requirement for a permit without imposing a burden on the facilities that will discourage them from recycling precious metals. In addition to the permit by rule for precious metals recovery facilities, § 266a.70 (relating to applicability and requirements) grants to transporters transporting recyclable materials utilized for precious metals recovery a license for the transportation of the recyclable materials if they comply with 40 CFR 263.11 (relating to EPA identification number) and § 263a.23 (relating to hazardous waste transportation fees).
Spent Lead-Acid Batteries Being Reclaimed--Chapter 266a, Subchapter G
The final-form rulemaking clarifies that facilities that treat spent lead-acid batteries prior to reclamation shall comply with § 261a.6 (relating to recyclable materials) unless the facilities qualify for the permit by rule for battery reclamation found in § 270a.60(b).
Interim Status Standards for Burners--§ 266a.103
One commentator stated that the proposed 8,000 Btu/lb. minimum heating value is better than the weak Federal standard. The commentator felt that the Board was correct in identifying the need for assurance that hazardous wastes are being burned for energy recovery, rather than disposal.
The Board has determined that substituting an 8,000 Btu/lb. minimum heating value for the Federal 5,000 Btu/lb. minimum heating value is no longer relevant for interim status boiler and industrial furnaces (BIFs) in this Commonwealth. The substitution proposed in § 266a.103(1) (relating to interim status standards for burners) was applicable only to interim status BIFs that have not certified compliance with certain emission standards or received a final permit. After further research, the Department found that all interim status BIF facilities in this Commonwealth have certified compliance with the EPA, meaning that all of the Commonwealth's interim status BIF facilities meet specified emissions standards established by the EPA. Furthermore, there will be no additional interim status BIF facilities in this Commonwealth since the owners or operators of facilities wishing to initiate burning or processing of hazardous waste in a BIF unit shall first obtain a permit.
The 8,000 Btu/lb. minimum heating value substitutions proposed in § 266a.108 (relating to small quantity onsite burners) will not be included in the final-form regulations. After further review of the incorporated Federal provisions and the existing regulations, the Board found that the existing regulations in § 266.30(f) (relating to applicability for hazardous waste burned for energy recovery) that were proposed to be deleted allow operators to use a 5,000 Btu/lb. minimum heating value as long as the operator complies with 40 CFR 266.104--266.112 (relating to hazardous waste burned in boilers and industrial furnaces). In the final-form regulations, small quantity onsite burners are required to comply with 40 CFR 266.108 (relating to small quantity onsite burner exemption), which the Department has determined to provide adequate regulation for onsite burners. Therefore, the Board is deleting from the final-form regulations proposed § 266a.108 (relating to small quantity onsite burner exemption).
Hazardous Waste Permit Program--Chapter 270a
The proposed rulemaking incorporated by reference the Federal permitting program and retained many of the existing Commonwealth permitting procedural requirements. After further review, the Board has found that many of the incorporated provisions duplicate existing Commonwealth requirements that were included in the proposed rulemaking. The Board also determined that some of the procedural requirements that were retained in the proposed rulemaking should have been relocated to sections that dealt more directly with the substantive requirements that were subject to the procedural requirements. Therefore, the final-form regulations do not include those provisions that are duplicative of Federal requirements that the final-form regulations incorporate by reference. In addition, the Board has relocated to different section numbers some of the procedural requirements that were included in the proposed rulemaking so that the procedural requirements can be found in the same section as the relevant substantive requirements.
Effect of a permit--§ 270a.4
The EPA also commented that the Commonwealth has excluded 40 CFR 270.4 (relating to effect of a permit) from its incorporation by reference of 40 CFR Part 270 (relating to the hazardous waste permit program). This provision addresses the effect of a permit. The EPA stated that the Federal section is required for authorization; and therefore, the Commonwealth is less stringent. The Board has included this provision in the Commonwealth's regulations. However the final-form regulations clarify that nothing contained in the incorporated language prohibits the Department from taking any enforcement action under section 602 of the SWMA (35 P. S. § 6018.602), which authorizes the Department to take enforcement actions against permitted facilities for any violation of the SWMA or any regulations promulgated under the SWMA.
General application requirements and permit issuance procedures--§ 270a.10
The EPA commented that the Commonwealth is required to include procedural requirements that are equivalent to certain procedural requirements found in 40 CFR Part 124 (relating to procedures for decision making). The Board has reviewed the essential procedural requirements found in 40 CFR Part 124 and has included the text rather than an incorporation by reference of those requirements. The number of essential provisions contained in Part 124 are minimal and the cross reference problems that resulted from incorporating these requirements into the Commonwealth hazardous waste regulatory numbering scheme were most easily resolved by including the text of those requirements. In response to the EPA comments, the Board has substituted applicable Commonwealth citations for any Part 124 citations that are included in the incorporated language. The essential 40 CFR Part 124 text is found in the final-form regulations in § 270a.10 (relating to general application requirements and permit issuance procedures).
Classification of Permit Modification--Appendix I for 40 CFR 270.42
The final-form regulations incorporate by reference the Federal classification system for permit modifications and the Federal public notice requirements for those permit modifications. One commentator noted that Appendix I would increase the scope of permit changes that could be instituted by the Department and the permittee, with no effective public participation. The commentator felt that without public notice this provision would be abused. The existing Commonwealth regulations have minor and major modifications. The Federal permit modifications are divided into three classes. Class 1 modifications are the most minor modifications and are subject to less stringent notification requirements than Class 2 or Class 3 permit modifications. The Commonwealth's existing minor modifications are essentially the same as the Federal class 1 modifications. All three classes of permit modification require the permittee to notify everyone on the facility mailing list (including local and county government) of the proposal. In the minor modification (Class1), anyone can request the Secretary of the Department to review and deny the modification request. Class 2 and 3 modification procedures call for full public participation, including publishing the notice in a major local newspaper, announcement of at least a 45-day comment period, and announcement of a public meeting and a public hearing, if requested. The Department believes that adopting this appendix by reference will increase public participation since the current regulations do not require the Department or the permittee to notify the public of a minor permit modification.
Permits by Rule--§ 270a.60
The Board received many comments regarding its permits by rule. The Commonwealth uses permits by rule in many instances for which the Commonwealth is more stringent than the Federal government. Without the permits by rule, the Commonwealth would require individual permits. Consequently, the permits by rule are intended to assure proper management of hazardous waste without causing overly burdensome regulation. After reviewing the proposed rulemaking and comments received, the final-form regulations have been modified. In addition to the changes made to this section in response to the comments summarized as follows, the permit by rule for petroleum refining facilities refining hazardous waste along with normal process streams to produce petroleum products (proposed § 270a.60(b)(4)) has been deleted in the final-form regulations. Since the refinery is the actual reclamation unit, there is no need for a permit or permit by rule; any treatment conducted on the hazardous waste prior to introduction into the refinery could be covered under the permit by rule for treatment prior to onsite reclamation.
One commentator felt that permits by rule serve the permitted industries by providing the illusion of regulation instead of serving the public by providing effective regulation. The commentator thought that abolishing the permits by rule and requiring individual permits would be better than retaining them.
In general, permit by rule is available under the Commonwealth's regulations to the owners or operators of certain hazardous waste management facilities that are exempt from permit and other requirements under Federal hazardous waste regulations. Permit by rule satisfies the SWMA requirement for permitting hazardous waste storage, treatment or disposal facilities and provides adequate regulatory oversight. The owners or operators of permit by rule facilities shall notify the Department of their activity and meet some basic facility standards. The notification requirement alone is important to the Department so that inspectors may schedule and prioritize periodic visits to a permit by rule facility. In situations where a facility is not in compliance with the applicable permit by rule requirements, particularly to the extent that harm or threat of harm to people or the environment is present, the Department may require the owners or operators of these facilities to obtain an individual permit.
Several commentators felt that the Commonwealth should adopt the Federal regulation in 40 CFR 270.1(c)(2)(v) (relating to purpose and scope) which specifically excludes wastewater treatment units that treat hazardous waste, from RCRA permitting and RCRA permit by rule requirements as long as the wastewater treatment unit is already regulated under section 402 or 307(b) of the Clean Water Act. A commentator stated that the Federal exclusion from permitting and permit by rule requirements for units regulated under the Clean Water Act eliminates duplication of effort by different departments of the Federal agency and allows the regulated community to focus its compliance efforts on the regulations that are most appropriate to the operating unit. Concern was also expressed over the additional recordkeeping requirements for operators as well as additional inspection requirements for State hazardous waste inspectors. A commentator stated that if the SWMA requires permit by rule for units such as elementary neutralization and wastewater treatment units, the regulations should clarify that wastes to these units do not count in determining if the site is a large quantity generator.
Permit by rule is available to wastewater treatment units, and certain other hazardous waste management facilities, to satisfy the Commonwealth SWMA requirement for permitting hazardous waste storage, treatment or disposal facilities. The Department has examined the permit by rule provisions of proposed § 270a.60 and determined that they will reduce or streamline many requirements that would otherwise be required by an individual permit. With regard to CESQG quantity determinations, the Federal regulation in 40 CFR 261.5(c)(2) (relating to CESQGs), incorporated by reference with this rulemaking, clearly states that generator quantity determinations do not need to include hazardous wastes that are managed in onsite elementary neutralization or wastewater treatment units.
Several commentators noted that § 270a.60(b)(1)(i) of the proposed rulemaking retains the Commonwealth's prohibition against intracompany shipments of hazardous wastes to an elementary neutralization or wastewater treatment permit by rule facility. This limits a facility's ability to accept hazardous wastewaters from other company owned locations that are too small to have their own facilities. The prohibition does not exist in neighboring states. For instance, the commentator pointed out, member companies can send hazardous wastes from their Commonwealth plants to Ohio plants for treatment, but cannot receive intracompany shipments from either Ohio or this Commonwealth. This type of exception to the Federal rules is typical of the discrepancies between the Commonwealth's rules and the Federal rules that were intended to be eliminated by the regulatory basics effort. This section should be consistent with Federal regulations and allow intracompany shipments of wastes for treatment. Conforming to the Federal elementary neutralization/wastewater treatment unit provisions will afford Commonwealth business the opportunity to use existing investment to reduce operating costs, and reduce risks associated with transporting these wastes to neighboring states. It should be noted the final-form regulations do allow intracompany transfers for reclamation.
In the final-form regulations changes have been made to the elementary neutralization and wastewater treatment unit permit by rule provisions to allow receipt of offsite hazardous waste shipments for treatment at these facilities, if the conditions of the permit by rule are not violated (for example, compliance with an NPDES permit or pretreatment requirements is maintained). To prevent classification as a commercial hazardous waste treatment facility and consequential application of the siting, fee assessment and other requirements of the HSCA, the permit by rule facilities shall be limited to receipt of wastes from other facilities operated or owned by the same generator. Limiting offsite wastes in this manner will also provide additional assurance that the owner or operator of the permit by rule facility has a better knowledge of the physical and chemical character and composition of the wastes being treated at the facility.
One commentator questioned whether operators would continue to be allowed to recycle oily wastewaters from other facilities they own and operate under proposed § 270a.60(b)(5)(iii) (relating to onsite reclamation) since the proposed rulemaking does not define onsite as including materials generated at facilities owned and operated by the same generator. If this is the case, the commentator requests that a provision allowing recycling of materials generated at facilities owned and operated by the same generator be included in the new regulations. Proposed § 270a.60(b)(5)(iii) provided for the reclamation of materials generated at other facilities operated or owned by the same generator at an onsite reclamation permit by rule facility. This is included in the final-form regulations as well.
The EPA commented that the permit by rule for facilities storing hazardous waste onsite in tanks, containers or containment buildings and reclaiming them under the proposed § 270a.60(b)(6) is less stringent than Federal requirements. The EPA noted that, according to 40 CFR 261.6(c)(1) (relating to recyclable materials), these facilities are subject to the permitting requirements unless specifically exempted under 40 CFR 261.6(a)(3). The Board agrees that the permit by rule proposed in § 270a.60(b)(6) for storage of hazardous waste onsite prior to reclamation under the onsite reclamation permit by rule provisions of § 270a.60(b)(5) could be less stringent than Federal storage permit requirements. The storage permit by rule provision has been dropped from the final-form regulations.
The EPA also commented that the variance from any permits by rule described in proposed § 270a.60(b)(3)--(6) would make the Commonwealth's program less stringent than the Federal program if the variance could apply to requirements which are equivalent to or less stringent than the Federal Code. To be as stringent as the Federal program, the EPA noted that the Commonwealth may only grant a variance from requirements that are more stringent than the Federal requirements. The Board has revised the permit by rule provisions of proposed § 270a.60 to insure that they only apply to hazardous waste activities that are exempt from Federal permit requirements.
Minor Changes
In addition to the above revisions, the Board has made minor changes to the following sections: §§ 260a.1--260a.3, 260a.10, 261a.1, 261a.3, 261a.5, 261a.7, 262a.10, 262a.12, 262a.20--262a.23, 262a.41, 262a.55--262a.57, 262a.80, 263a.10, 263a.11, 263a.13, 263a.20, 263a.30, 264a.1, 264a.11, 264a.12, 264a.75, 264a.96, 264a.147, 264a.149, 264a.150, 264a.153, 264a.156--264a.160, 264a.166, 264a.191, 264a.221, 264a.251, 264a.301, 264a.570, 265a.1, 265a.11, 265a.12, 265a.56, 265a.71, 265a.75, 265a.141, 265a.147, 265a.149, 265a.150, 265a.153, 265a.156--265a.160, 265a.191, 265a.193, 265a.194, 266a.40, 266a.41, 266a.108, 266b.30, 266b.50, 266b.60, 268a.1, 270a.2--270a.6, 270a.10, 270a.12, 270a.60, 270a.64, 270a.72, 270a.81 and 270a.82.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the final-form rulemaking.
Benefits
The final-form regulations will incorporate by reference the Federal regulatory requirements for hazardous waste management and add Commonwealth requirements to the Federal requirements in instances in which the Department has identified a compelling state interest that requires the Commonwealth to modify or add to the Federal requirements. As a result of the incorporation by reference, the final-form regulations will align more closely the text and numbering system of the Commonwealth regulations found in Chapters 260a--266a, 266b and 268a--270a with the Federal numbering system found in 40 CFR Parts 260--273. In addition, the final-form regulations will eliminate the confusion caused by using two different sets of regulations--those used by EPA and those used by the Department--for managing hazardous waste in this Commonwealth. Since most states have hazardous waste regulations that closely resemble the Federal regulations, amending the Commonwealth's hazardous waste regulations to follow the Federal regulations will allow companies to comply more easily on an interstate basis. In addition, most of the Commonwealth's regulations mirror the intent of the Federal rules, and many Commonwealth regulations use the same language that the Federal rules use. Most of the Commonwealth requirements that have Federal analogs use the same section numbers as the Federal numbering system. Consequently, all classes of hazardous waste generators; transporters; and treatment, storage and disposal facilities will benefit from the regulatory changes since the final-form regulations provide the regulated community with consistency between the State and Federal regulatory requirements, language and numbering systems.
Compliance Costs
Although this is a large and comprehensive rulemaking, it imposes very few additional costs on the regulated community and the Department. Since the overall purpose of this rulemaking is to align the Department's hazardous waste regulations with the Federal hazardous waste regulations, the Department expects a decrease in the overall cost of compliance since the regulated community will need to comply with only one set of regulations rather than the two sets with which it must currently comply.
The regulated community will realize an estimated $400,000 of additional savings through the amendment of the manifest regulation to require fewer manifest copies than the current eight part manifest. The savings will result from reduced clerical and mailing costs. Costs to the Commonwealth will also be reduced as a result of this amendment. The reduction in the amount of mail handled will be significant. The number of manifests scanned and data entered into the Department computer system will be reduced by approximately 50%. This will result in a savings to the Department of an estimated $30,000 through reduced mail handling and data entry costs associated with reduced manifesting requirements.
Newly permitted facilities or facilities seeking permit renewals will no longer be required to submit Module 1 forms. Therefore, operators will no longer be required to pay a fee to amend their Module 1 forms every time that they receive a new waste stream. The final-form regulations allow permit applicants to submit information on their own forms rather than on the Department's Module 1 forms. The Department estimates that this will save the regulated community $35,000 annually. These savings would be a direct result of the elimination of the requirement to transcribe information from an operator's form to a Department form.
Compliance Assistance Plan
The Department will assist the regulated community by developing a series of fact sheets explaining any changes to the final-form regulations, and how the changes impact on specific groups within the regulated community. In addition, the Department intends to meet with industry groups to develop workshops to explain the regulatory changes and how the changes affect particular types of industry. Department field staff will also provide compliance assistance during routine facility inspections.
The Department intends to develop a series of compliance guides customized for specific groups of entities affected by this final-form regulations. These compliance guides will be a printed version of the full text of the Federal regulations with any Commonwealth changes made to the Federal regulations incorporated into the text. Therefore, the Department expects most operators to be able to use the guides as stand alone documents that synthesize all of the Federal and Commonwealth requirements into one guide. The Department expects to publish different guides to target the needs of specific groups. For example, there could be a guide for each of the following groups: CESQGs, small quantity generators, generators, transporters, onsite reclamation facilities and permit by rule facilities. The guides, as well as the fact sheets and any other written material the Department publishes, will be available on the worldwide web.
Paperwork Requirements
These final-form regulations will result in a net reduction in paperwork requirements. Manifest copies will be reduced resulting in substantial paperwork reduction and reduced filing, storage and mailing costs. An additional reduction in paperwork will result from the reduced groundwater monitoring requirements. These forms will only have to be completed and mailed once per year, as opposed to the current requirement that operators complete and mail these forms twice per year. Allowing industry to use their own forms in place of the Department's Module 1 forms will also reduce paperwork requirements. Transcription and storage of duplicate records will be eliminated. No additional forms are required by these final-form regulations.
G. Pollution Prevention
In keeping with Governor Ridge's interest in encouraging pollution prevention solutions to environmental problems, these final-form regulations have incorporated the following provision and incentive to meet that goal: § 262a.100 (relating to source reduction strategy) provides that any person or municipality that generates hazardous waste shall prepare a source reduction strategy that identifies the methods and procedures that the person or municipality intends to implement to reduce the amount of hazardous waste generated. The incentive for a person or municipality to implement their source reduction strategy is to save money in hazardous waste management costs, protect employe health and safety, lower insurance costs and protect the environment by reducing the amount of hazardous waste generated.
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 regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 23, 1999, the Department submitted a copy of this final-form rulemaking to IRRC and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In compliance with section 5(c) 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.
These final-form regulations were approved by the House and Senate Environmental Resources and Energy Committees on March 15, 1999. IRRC met on March 25, 1999, and approved the final-form regulations in accordance with section 5.1(e) of the Regulatory Review Act (71 P. S. § 745a.5(e)).
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 regulations promulgated thereunder in 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 final-form regulations do not enlarge the purpose of the proposal published at 27 Pa.B. 6407.
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
K. Order of the Board
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code, are amended by:
(1) Deleting §§ 260.1, 260.2, 260.11, 260.21, 260.22, 261.1--261.7, 261.9--261.11, 261.20--261.24, 261.30--261.34, 261.41, 262.10--262.13, 262.20, 262.22, 262.23, 262.30, 262.33, 262.34, 262.40--262.43, 262.45, 262.46, 262.50, 262.53, 262.55, 262.60, 262.70, 262.80, 263.10, 263.11, 263.13, 263.20--263.27, 263.30--263.32, 264.1, 264.11--264.17, 264.31--264.35, 264.37, 264.51--264.56, 264.70--264.82, 264.90, 264.91, 264.96--264.100, 264.110--264.115, 264.117--264.119, 264.140, 264.171--264.180, 264.190--264.199, 264.220--264.225, 264.227--264.231, 264.250--264.258, 264.270--264.273, 264.276, 264.278--264.282, 264.300--264.305, 264.309, 264.310, 264.312--264.316, 264.340--264.345, 264.347, 264.351--264.353, 264.500--264.505, 264.520--264.522, 264.600--264.603, Appendices A--E, 265.1, 265.11--265.17, 265.31--265.35, 265.37, 265.51--265.56, 265.70--265.82, 265.90--265.94, 265.110--265.115, 265.117--265.119, 265.140, 265.142, 265.144, 265.171--265.174, 265.176--265.178, 265.190--265.201, 265.220, 265.222, 265.223, 265.225, 265.226, 265.228--265.230, 265.250--265.253, 265.256--265.258, 265.270, 265.272, 265.273, 275.276, 265.278--265.282, 265.300, 265.302, 265.309, 265.310, 265.312--265.315, 265.340--265.342, 265.345, 265.347, 265.351, 265.370, 265.373, 265.375, 265.377, 265.381, 265.382, 265.400--265.406, 265.430--265.433, 265.435, 265.440--265.448, 265.450--265.452, 265.460--265.462, 265.470, 265.500--265.505, 265.520--265.522, 266.20--266.24, 266.30--266.35, 266.40--266.44. 266.70, 266.80, 266.90, 266.100--266.104, 266.201--266.206, 266.210--266.220, 266.230--266.240, 266.250--266.256, 266.260--266.262, 266.270, 266.280--266.283, 267.1, 267.2, 267.11--267.30, 267.41--267.46, 267.51--267.59, 267.61, 267.62, 269.1, 269.11--269.14, 269.21--269.29, 269.41--269.50, 269.101--269.103, 269.111, 269.121--269.124, 269.131, 269.132, 269.141--269.143, 269.151--269.155, 269.161--269.163, 269.201, 269.211, 269.221, 269.231, 270.1--270.4, 270.11--270.13, 270.21, 270.22, 270.31--270.33, 270.41--270.43, 270.60; and by
(2) Adding §§ 260a.1--260a.3, 260a.10, 260a.20, 260a.30, 260a.1, 260a.3--260a.7, 261a.1, 261a.3--261a.7, 262a.10, 262a.12, 262a.20--262a.23, 262a.41, 262a.42, 262a.55--262a.57, 262a.80, 262a.100, 263a.10--263a.13, 263a.20, 263a.21, 263a.23--263a.26, 263a.30, 263a.32, 264a.1, 264a.11--264a.13, 264a.15, 264a.18, 264a.56, 264a.71, 264a.75, 264a.78--264a.83, 264a.97, 264a.101, 264a.115, 264a.120, 264a.141, 264a.143, 264a.145, 264a.147--264a.151; 264a.153--264a.160, 264a.162--264a.169, 264a.173, 264a.180, 264a.191, 264a.193--264a.195, 264a.221, 264a.251, 264a.273, 264a.276, 264a.301, 264a.570, 264a.1100, 264a.1101, 265a.1, 265a.11--265a.13, 265a.15, 265a.18, 265a.56, 265a.71, 265a.75, 265a.78--265a.83, 265a.115, 265a.120, 265a.141, 265a.143, 265a.145, 265a.147--265a.150, 265a.153--265a.160, 265a.162--265a.169, 265a.173, 265a.179, 265a.191, 265a.193--265a.195, 265a.382, 266a.20, 266a.40--266a.44, 266a.70, 266a.80, 266a.100, 266b.1, 266b.10, 266b.30, 266b.50, 266b.60, 268a.1, 269a.1, 269a.11--269a.14, 269a.21--269a.29, 269a.41--269a.50, 269a.101--269a.103, 269a.111, 269a.121--269a.124, 269a.131, 269a.132, 269a.141--269a.143, 269a.151--269a.155, 269a.161--269a.163, 269a.201, 269a.211, 269a.221, 269a.231, 270a.1--270a.6, 270a.10, 270a.12, 270a.29, 270a.32, 270a.41, 270a.42, 270a.43, 270a.51, 270a.60, 270a.64, 270a.72 and 270a.80--270a.84 to read as set forth in Annex A.
(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 upon publication in the Pennsylvania Bulletin.
JAMES M. SEIF,
ChairpersonFiscal Note: Fiscal Note 7-328 remains valid for the final adoption of the subject regulations.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 29 Pa.B. 1957 (April 10, 1999).)
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VII. HAZARDOUS WASTE MANAGEMENT
CHAPTER 260. (Reserved). § 260.1. (Reserved).
§ 260.2. (Reserved).
§ 260.11. (Reserved).
§ 260.21. (Reserved).
§ 260.22. (Reserved).
CHAPTER 260a. HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL Subchap.
A. GENERAL B. DEFINITIONS C. RULEMAKING PETITIONS
Subchapter A. GENERAL Sec.
260a.1. Incorporation by reference, purpose, scope and applicability. 260a.2. Availability of information. 260a.3. Terminology and citations related to Federal Regulations. § 260a.1. Incorporation by reference, purpose, scope and applicability.
(a) Except as expressly provided in this chapter, 40 CFR Part 260 and its appendices (relating to hazardous waste management system: general) are incorporated by reference.
(b) Regarding the requirements incorporated by reference, nothing contained in this article relieves or limits a person or municipality who generates, transports, stores, treats or disposes of hazardous waste from complying with the Pennsylvania law, including: The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305); the Air Pollution Control Act (35 P. S. §§ 4001--4015); the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.31); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); the Pennsylvania Bituminous Coal Mine Act (52 P. S. §§ 1406.1--1406.21); the Pennsylvania Anthracite Coal Mine Act (52 P. S. §§ 70-101--70-1405); and the act of July 9, 1976 (P. L. 931, No. 178) (52 P. S. §§ 27.7-1--27.7-9).
§ 260a.2. Availability of information.
40 CFR 260.2 (relating to availability of information) is not incorporated by reference.
§ 260a.3. Terminology and citations related to Federal regulations.
(a) For purposes of interfacing with 40 CFR Parts 260--279, the following terms apply, unless otherwise noted:
(1) The terms ''Administrator,'' ''Regional Administrator,'' ''Assistant Administrator,'' ''Assistant Administrator for Solid Waste and Emergency Response'' and ''State Director'' are substituted with ''Department.''
(2) When referring to an operating permit or to the Federal hazardous waste program, ''Resource Conservation and Recovery Act (42 U.S.C.A. §§ 6901--6986),'' ''RCRA,'' ''Subtitle C of RCRA,'' ''RCRA Subtitle C'' or ''Subtitle C'' is substituted with the act.
(3) ''Environmental Protection Agency'' or ''EPA'' and all names or associated acronyms are substituted with ''Department'' except when referring to the terms ''EPA Form,'' ''EPA Identification Number,'' ''EPA Acknowledgment of Consent,'' ''EPA Hazardous Waste Number,'' ''EPA publication,'' ''EPA publication number,'' ''EPA Test Methods'' and ''EPA Guidance'' including any mailing addresses associated with these terms.
(4) ''Used oil'' is substituted with ''waste oil.''
(5) ''State,'' ''authorized state,'' ''approved state'' or ''approved program'' is substituted with ''the Commonwealth.''
(6) Whenever the regulations require compliance with procedures found in 40 CFR Part 270 (relating to EPA administered permit programs: the hazardous waste permit program), compliance is accomplished by the procedures found in Chapter 270a (relating to hazardous waste permit program).
(7) The Commonwealth equivalent of 40 CFR Part 273 (relating to universal waste management) is found in Chapter 266b (relating to universal waste management).
(8) The Commonwealth equivalent of 40 CFR Part 279 (relating to standards for the management of used oil) is found in Chapter 266a, Subchapter E (relating to waste oil burned for energy recovery).
(b) Federal regulations that are cited in this article or that are cross referenced in the Federal regulations incorporated by reference include any Pennsylvania modifications made to those Federal regulations.
(c) References to 40 CFR Part 124 (relating to procedures for decision making) found in Federal regulations incorporated by reference are substituted with Pennsylvania procedures found in Chapter 270a.
(d) References to the ''Department of Transportation'' or ''DOT'' means the United States Department of Transportation.
(e) The effective date for the Code of Federal Regulations incorporated by reference in this article is May 1, 1999. The incorporation by reference includes any subsequent modifications and additions to the CFR incorporated in this article.
Subchapter B. DEFINITIONS Sec.
260a.10. Definitions. § 260a.10. Definitions.
A term defined in this section replaces the definition of the term in 40 CFR 260.10, or, in situations for which no term exists in 40 CFR 260.10, the term shall be defined in accordance with this section. The substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporated definition of ''EPA region,'' ''State,'' ''United States,'' ''Administrator'' and ''Regional Administrator.''
Act--The Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
Disposal--The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this Commonwealth.
Existing tank system or existing component--The Federal definition for ''existing tank system or existing component'' in 40 CFR 260.10 is incorporated by reference except that the date referenced is January 16, 1993, instead of July 14, 1986.
Facility--The land, structures and other appurtenances or improvements where municipal or residual waste disposal or processing is permitted or takes place, or where hazardous waste is treated, stored or disposed.
Fund--The Host Municipalities Fund.
Hazardous Sites Cleanup Act--The Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305).
Hazardous Sites Cleanup Fund--The fund established by section 901 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.901).
Host municipality--A municipality, other than a county, where a qualifying facility is located, either in whole or in part, within its established corporate boundaries.
Management or hazardous waste management--The entire process, or a part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by a person engaging in the process. The term ''hazardous waste management'' refers to management of hazardous waste.
New hazardous waste management facility or new facility--The Federal definition for ''new hazardous waste management facility or new facility'' in 40 CFR 260.10 is incorporated by reference except that the date referenced is November 19, 1980, instead of October 21, 1976.
New tank system or new tank component--The Federal definition for ''new tank system or new tank component'' in 40 CFR 260.10 is incorporated by reference except that the date referenced is January 16, 1993, instead of July 14, 1986.
Pennsylvania hazardous waste facilities plan--A plan required by sections 104(14) and 105(f) of the act (35 P. S. §§ 6018.104(14) and 6018.105(f)) and adopted by the EQB which identifies current and future hazardous waste treatment and disposal facilities necessary for the proper management of hazardous waste in this Commonwealth.
Person--An individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, Federal government or agency, State institution and agency (including, but not limited to, the Department of General Services and the State Public School Buildings Authority), or other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provision of the act prescribing a fine, imprisonment or penalty, or a combination of the foregoing, the term includes the officers and directors of a corporation or other legal entity having officers and directors.
Qualifying facility--A commercial hazardous waste treatment or disposal facility, or expansion to an existing hazardous waste treatment or disposal facility, which was permitted after December 18, 1988, is operating, and fulfills the commercial hazardous waste treatment or disposal needs identified in the Pennsylvania Hazardous Waste Facilities Plan.
RCRA--The Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901--6986).
Registered professional engineer or professional engineer--An engineer registered to practice engineering in this Commonwealth.
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