[29 Pa.B. 2367]
[Continued from previous Web Page] (2) The letter of credit may not be issued without a credit analysis substantially equivalent to that of a potential borrower in an ordinary loan situation. A letter of credit so issued is supported by the customer's unqualified obligation to reimburse the issuer for moneys paid under the letter of credit.
(3) The letter of credit may not be issued when the amount of the letter of credit, aggregated with other loans and credits extended to the owner or operator, exceeds the issuer legal lending limits for that owner or operator as defined in the United States Banking Code (12 U.S.C.A. §§ 21--220).
(4) The letter of credit is irrevocable and is so designated. The Department may accept a letter of credit for which at least a 1 year period is stated if the following conditions are met and are stated in the credit:
(i) The letter of credit is automatically renewable for additional time periods of at least 1 year, unless the bank gives at least 120 days prior written notice by certified mail to the Department and the customer of its intent to terminate the credit at the end of the current time period.
(ii) The Department has the right to draw upon the credit before the end of the time period, if the customer fails to replace the letter of credit with other acceptable bond guarantee within 30 days of the bank's notice to terminate the credit.
(5) Letters of credit shall name the Department as the beneficiary and be payable to the Department, upon demand, in part or in full, upon presentation of the Department's drafts at sight. The Department's right to draw upon the letter of credit will not require documentary or other proof by the Department that the customer has violated the conditions of the bond, the permit or another requirement of this subchapter.
(6) Letters of credit are subject to 13 Pa.C.S. (relating to the Uniform Commercial Code) and the latest revision of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce. The Department may accept 13 Pa.C.S. Division 5 (relating to letters of credit) in effect in the state of the issuer.
(7) The issuing bank waives the rights to setoff or liens it has or might have against the letter of credit.
(8) The Department will not accept letters of credit from a bank that failed or delayed in making payment on a letter of credit previously submitted as collateral to the Department.
(e) Bonds pledging a corporate guarantee for closure shall be subject to the requirements of 40 CFR 265.143(e) (relating to financial test and corporate guarantee for closure) and 40 CFR 265.145(e) (relating to financial assurance for post-closure care) except for the provision of 40 CFR 265.143(e)(10)(i) (relating to financial assurance for closure) as specified in § 264a.143(a) (relating to financial assurance for closure). This is replaced by the procedures of § 265a.168 (relating to replacement of bond).
§ 265a.157. Phased deposits of collateral.
(a) A permit applicant, or an owner or operator may post a collateral bond in phased deposits for a hazardous waste storage, treatment or disposal facility that will be continuously operated or used for at least 10 years from the date of issuance of the permit or permit amendment, according to all of the following requirements:
(1) The owner or operator submits a collateral bond form to the Department.
(2) The owner or operator deposits $10,000 or 25%, whichever is greater, of the total amount of bond determined in this chapter in approved collateral with the Department.
(3) The owner or operator submits a schedule agreeing to deposit 10% of the remaining amount of bond, in approved collateral in each of the next 10 years.
(b) The permit applicant or owner or operator deposits the full amount of bond required for the hazardous waste storage, treatment or disposal facility within 30 days of receipt of a written demand by the Department to accelerate deposit of the bond. The Department makes the demand when one of the following occurs:
(1) The owner or operator fails to make a deposit of bond amount when required by the schedule for the deposits.
(2) The owner or operator violates the requirements of the act, this article, the terms and conditions of the permit or orders of the Department and has failed to correct the violations within the time required for the correction.
(c) Interest earned by collateral on deposit accumulates and becomes part of the bond amount until the owner or operator completes deposit of the requisite bond amount in accordance with the schedule of deposit. Interest so accumulated may not offset or diminish the amount required to be deposited in each of the succeeding years set forth in the schedule of deposit, except that in the last year in which a deposit is due, the amount to be deposited is adjusted by applying the total accumulated interest to the amount to be deposited as established by the schedule of deposit.
§ 265a.158. Replacement of bond.
(a) The Department may allow owners or operators to replace existing surety or collateral bonds with other surety or collateral bonds if the liability accrued against the owner or operator of the hazardous waste storage, treatment or disposal facility is transferred to the replacement bonds. The bond amount for the replacement bond as determined under this chapter, may not be less than the amount on deposit with the Department.
(b) The Department will not release existing bonds until the owner or operator submits and the Department has approved acceptable replacement bonds. A replacement of bonds under this section may not constitute a release of bond under this subchapter.
(c) Within 60 days of approval of acceptable replacement bonds, the Department will take appropriate action to initiate the release of existing surety or collateral bonds being replaced by the owner or operator.
§ 265a.159. Reissuance of permits.
Before a permit is reissued to a new owner or operator, the new owner or operator shall post a new bond in an appropriate amount determined by the Department under this subchapter but in no case less than the amount of bond on deposit with the Department, in the new owner's or operator's name, assuming all accrued liability for the hazardous waste storage, treatment or disposal facility.
§ 265a.160. Bond amount determination.
(a) The Department determines bond amount requirements for each hazardous waste storage, treatment and disposal facility based upon the total estimated cost to the Commonwealth to complete final closure of the facility. This is done in accordance with the requirements of applicable statutes, this article, the terms and conditions of the permit and orders issued thereunder by the Department and to take measures that are necessary to prevent adverse effects upon the environment during the life of the facility and after closure until released as provided by this subchapter.
(b) This amount is based on the owner's or operator's written estimate submitted under 40 CFR 265.142 and 265.144 (relating to cost estimate for closure; and cost estimate for post-closure care).
§ 265a.162. Bond amount adjustments.
The owner or operator shall deposit additional amounts of bond within 60 days of any of the following:
(1) The permit is amended to increase acreage, to change the kind of waste handled or for another reason that requires an additional amount of bond determined under 40 CFR 265.142 and 265.144 (relating to cost estimate for closure; and cost estimate for postclosure care).
(2) Inflationary cost factors exceed the estimate used for the original bond amount determination under 40 CFR 265.142 and 265.144.
(3) The permit is to be renewed or reissued, or the bond on deposit is to be replaced, requiring an additional amount of bond determined under 40 CFR 265.142 and 265.144.
(4) An additional amount of bond is required as determined by 40 CFR 265.142 and 265.144 to meet the requirements of applicable statutes, this subchapter and the terms and conditions of the permit or orders of the Department.
§ 265a.163. Failure to maintain adequate bond.
If an owner or operator fails to post additional bond within 60 days after receipt of a request by the Department for additional bond amounts under § 265a.162 (relating to bond amount adjustments), or fails to make timely deposits of bond in accordance with the schedule submitted under § 265a.157 (relating to phased deposits of collateral), the Department will issue a notice of violation to the owner or operator, and if the owner or operator fails to deposit the required bond amount within 15 days of the notice, the Department will issue a cessation order for all of the hazardous waste storage, treatment and disposal facilities operated by the owner or operator and take additional actions that may be appropriate, including suspending or revoking permits.
§ 265a.164. Separate bonding for a portion of a facility.
(a) The Department may require a separate bond to be posted for a part of a hazardous waste storage, treatment or disposal facility if that part of the facility can be separated and identified from the remainder of the facility and the bond liability for that part will continue beyond the time provided for the remainder of the facility, or the Department determines that separate bonding of the facility is necessary to administer and apply applicable statutes, this article, the terms and conditions of the permit or orders of the Department.
(b) If the Department requires a separate bond for part of a facility, the original bond amount for the facility may be adjusted under § 265a.162 (relating to bond amount adjustments).
§ 265a.165. Bond release.
(a) The owner or operator may file a written application with the Department requesting release of all or part of the bond amount posted for a hazardous waste storage, treatment or disposal facility. The bond release may be requested during the operation of the facility as part of a request for bond adjustment under § 265a.162 (relating to bond amount adjustments); upon completion of closure for a storage or treatment facility and upon expiration of the postclosure care period of liability, for a disposal facility as specified in 40 CFR Part 265, Subpart G (relating to closure and postclosure care).
(b) The application for bond release shall contain the following:
(1) The name of the owner or operator and shall identify the hazardous waste storage, treatment or disposal facility for which bond release is sought.
(2) The total amount of bond in effect for the facility and the amount for which release is sought.
(3) The reasons why, in specific detail, bond release is requested, including, but not limited to, the closure, postclosure care and abatement measures taken, the permit amendments authorized or the change in facts or assumptions made during the bond amount determination which demonstrate and would authorize a release of part or all of the bond deposited for the facility.
(4) Provide a revised cost estimate for closure and postclosure care in accordance with 40 CFR 265.142 and 265.144 (relating to cost estimate for closure; and post-closure care).
(5) Closure or postclosure certification for full bond release requests.
(6) Provide other information as may be required by the Department.
(c) The Department will evaluate the bond release request as if it were a request for a new bond amount determination under 40 CFR 265.142 and 265.144. If the new bond amount determination would require less bond for the facility than the amount already on deposit, the Department will release the portion of the bond amount which is not required for the facility. If the new bond amount determination would require an additional amount of bond for the facility, the Department will require the additional amount to be deposited for the facility.
(d) The Department will not release a bond amount deposited for a facility if the release would reduce the total remaining amount of bond to an amount which would be insufficient for the Department to complete closure and postclosure care and to take measures that may be necessary to prevent adverse effects upon the environment or public health, safety or welfare in accordance with applicable statutes, this chapter, the terms and conditions of the permits and orders of the Department.
(e) The Department will make a decision on a bond release application within 6 months after receipt unless additional time is authorized by the owner or operator.
(f) The Department will not release a bond amount for a facility which is causing adverse effects on the public health, safety or welfare or the environment, creating a public nuisance, or is in violation of this chapter, the act or the statutes in section 505(a) of the act (35 P. S. § 6018.505).
§ 265a.166. Closure and postclosure certification.
(a) The owner or operator shall submit a request for closure certification upon completion of closure of the facility in accordance with the provisions of 40 CFR 265.115 and 265.120 (relating to certification of closure; and certification of completion of postclosure care).
(b) Within 60 days after receipt of a written request for closure or postclosure certification, the Department will initiate an inspection of the facility to verify that closure was effected in accordance with the approved facility closure or postclosure care plan and this article.
(c) If the Department determines that the facility closed in accordance with this article, and that there is no reasonable expectation of adverse effects upon the environment or the public health, safety and welfare, the Department will certify in writing to the owner or operator that closure or postclosure effected in accordance with this subchapter. Closure or postclosure certification may not take effect until 1 year after receipt of the Department's determination.
(d) The closure or postclosure certification does not constitute a waiver or release of bond liability or other liability existing in law for adverse environmental conditions or conditions of noncompliance existing at the time of the notice or which might occur at a future time, for which the owner or operator shall remain liable.
(e) The Department will not issue a closure or postclosure certification for a facility causing adverse effects on the public health, safety or welfare or the environment, creating a public nuisance, or is in violation of this article, the act or the statutes set forth in section 505(a) of the act (35 P. S. § 6018.505(a)).
(f) At any time after issuance of a certification of closure or postclosure, if inspection by the Department indicates that additional postclosure care measures are required to abate or prevent any adverse effects upon the environment or the public health, safety and welfare, the Department will issue a written notice to the owner or operator setting forth the schedule of measures which the owner or operator shall take in order to bring the facility into compliance.
(g) At least 6 months prior to expiration of the 1 year liability period following closure and postclosure care, the Department will conduct an inspection of the facility. If the Department determines that the facility will continue to cause adverse effects upon the environment or the public health, safety and welfare after expiration of the 1 year liability period, the Department will require the owner or operator to deposit a separate bond under § 265a.164 (relating to separate bonding for a portion of a facility), or forfeit the bond under § 264a.168 (relating to bond forfeiture) on deposit with the Department.
§ 265a.167. Public notice and comment.
The original bond amount determination, a decision by the Department to release bond, a request to reduce bond amount after permit issuance and a request for closure or postclosure certification shall be, for the purpose of providing public notice and comment, considered a permit modification and shall be subject to the public notice and comment requirements for Class 3 permit modifications.
§ 265a.168. Bond forfeiture.
(a) The Department will forfeit the bond for a hazardous waste storage, treatment or disposal facility when it determines that any of the following occur:
(1) The owner or operator fails and continues to fail to conduct the hazardous waste storage, treatment or disposal activities in accordance with this article, the act, the statutes in section 505(a) of the act (35 P. S. § 6018.505(a)), the terms and conditions of the permit or orders of the Department.
(2) The owner or operator abandons the facility without providing closure or postclosure care, or otherwise fails to properly close the facility in accordance with this article, the act, the statutes in section 505(a) of the act, the terms and conditions of the permit or orders of the Department.
(3) The owner or operator fails, and continues to fail to take those measures determined necessary by the Department to prevent effects upon the environment before, during and after closure and postclosure care.
(4) The owner or operator or financial institution becomes insolvent, fails in business, is adjudicated bankrupt, a delinquency proceeding is initiated under Article V of The Insurance Department Act of 1921 (40 P. S. §§ 221.1--221.63), files a petition in bankruptcy, in liquidation, for dissolution or for a receiver, or has a receiver appointed by the court, or had action initiated to suspend, revoke or refuse to renew the license or certificate of authority of the financial institution, or a creditor of the owner or operator attaches or executes a judgment against the owner's or operator's equipment, materials or facilities at the permit area or on the collateral pledged to the Department; and the owner or operator or financial institution cannot demonstrate or prove the ability to continue to operate in compliance with this article, the act, the statutes in section 505(a) of the act, the terms and conditions of the permit and orders of the Department.
(b) If the Department determines that bond forfeiture is appropriate, the Department will do the following:
(1) Send written notification by mail to the owner or operator, the host municipality and the surety on the bond, if any, of the Department's determination to forfeit the bond and the reasons for the forfeiture.
(2) Advise the owner or operator and surety, if any, of their right to appeal to the EHB under section 1921-A of The Administrative Code of 1929 (71 P. S. § 510-21).
(3) Proceed to collect on the bond as provided by applicable statutes for the collection of defaulted bonds or other debts.
(4) Deposit all money collected from defaulted bonds into the Solid Waste Abatement Fund.
(5) Forfeit all bond deposited for the facility, including all additional amounts of bond posted for the facility.
§ 265a.169. Preservation of remedies.
Remedies provided or authorized by law for violation of statutes, including but not limited to, the act, The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19c), the Air Pollution Control Act (35 P. S. §§ 4001--4015), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), this article, the terms and conditions of permits and orders of the Department, are expressly preserved. Nothing in this chapter may be construed as an exclusive penalty or remedy for the violations. An action taken under this subchapter may not waive or impair another remedy or penalty provided in law.
Subchapter I. Use and Management of Containers Sec.
265a.173. Management of containers. 265a.175. Containment and collection system. 265a.179. Containment. § 265a.173. Management of containers.
In addition to the requirements incorporated by reference:
(1) For indoor storage of reactive or ignitable hazardous waste, the container height width and depth of a group of containers shall provide a configuration and aisle spacing which insures safe management and access for purposes of inspection, containment and remedial action with emergency vehicles.
(2) For outdoor storage of reactive or ignitable hazardous waste, the container height, width and depth of a group of containers shall provide a configuration and aisle spacing which insures safe management and access for purposes of inspection, containment and remedial action with emergency vehicles. In addition, a 40-foot setback from a building shall be maintained for all outdoor container storage or reactive or ignitable hazardous waste.
(3) For indoor or outdoor storage of nonreactive or nonignitable hazardous waste, the container height, width and depth of a group of containers shall provide a configuration and aisle spacing which insures safe management and access for purposes of inspection, containment and remedial action with emergency vehicles.
§ 265a.175. Containment and collection system.
(a) Container storage areas shall have a containment system capable of collecting and holding spills, leaks and precipitation. The containment system shall:
(1) Have an impervious base underlying the containers which is free of cracks or gaps so as to contain leaks, spills and accumulated rainfall. All joints in an impervious base shall be sealed with appropriate sealants.
(2) Provide efficient drainage from the base to a sump or collection system.
(3) Have sufficient capacity to contain the entire volume of the largest container, or 10% of the total volume of all the containers, whichever is greater.
(b) Run-on into the containment system shall be prevented.
(c) Spilled or leaked waste and accumulated precipitation shall be removed from the sump or collection system with sufficient frequency to prevent overflow.
(d) At closure, all hazardous waste and hazardous waste residues shall be removed from the containment and collection systems. Remaining containers, liners, bases and soil containing or contaminated with hazardous waste or hazardous waste residues shall be decontaminated or removed.
(e) Storage of flowable liquid wastes--less than 20% solids by dry weight and flowable--in containers of less than 110 gallons capacity shall be in accordance with the following criteria, unless otherwise approved by the Department:
(1) For indoor storage of reactive or ignitable hazardous waste, the total maximum container height shall not exceed 6 feet. The containers shall be grouped so that the maximum width and depth of a group is no greater than the area that would contain four 55-gallon drums wide by four 55-gallon drums deep--approximately 8 feet by 8 feet--or the containers shall be grouped so that the maximum width of a group is no greater than the area that would contain two 55-gallon drums deep, with the length of the group so limited that at least a 5 foot wide aisle surrounds the group. Each 8 foot by 8 foot group shall be separated by at least a 5 foot wide aisle.
(2) For outdoor storage of reactive or ignitable hazardous waste, the total container height may not exceed 9 feet. The maximum width and depth of a group of containers may not exceed the equivalent of eight 55-gallon drums wide by eight 55-gallon drums deep. Each group shall be separated by at least a 5 foot wide aisle from any adjacent group. A main aisle or accessway at least 12 feet wide shall be maintained through a container storage area. A minimum 40-foot setback from a building shall be maintained for all outdoor container storage of reactive or ignitable hazardous wastes.
(3) For indoor or outdoor storage of nonreactive or nonignitable hazardous waste, the total container height may not exceed 9 feet. The maximum width and depth of a group of containers shall provide a configuration and aisle space which insures access for purposes of inspection, containment and remedial action with emergency vehicles. The configuration shall be specified in the permit application and shall be approved in writing by the Department.
§ 265a.179. Containment.
40 CFR 264.175 (relating to containment) is incorporated by reference.
Subchapter J. TANK SYSTEMS Sec.
265a.191. Assessment of existing tank system's integrity. 265a.193. Containment and detection of releases. 265a.194. General operating requirements. 265a.195. Inspections. § 265a.191. Assessment of existing tank system's integrity.
In addition to the requirements incorporated by reference, by January 17, 1994, an owner or operator of tanks or tank systems shall obtain and keep on file at the facility a written assessment of the tank or tank system's integrity in accordance with the provisions of 40 CFR 265.191 (relating to assessment of existing tank system's integrity).
§ 265a.193. Containment and detection of releases.
In addition to the requirements incorporated by reference, owners or operators of existing tank systems shall comply with 40 CFR 265.193 (relating to containment and detection of releases) by January 16, 1995, except that owners and operators of existing tank systems for which the age cannot be documented, shall comply with 40 CFR 265.193 by January 16, 1996.
§ 265a.194. General operating requirements.
In addition to the requirements incorporated by reference, tanks shall be labeled to accurately identify their contents.
§ 265a.195. Inspections.
In addition to the requirements incorporated by reference, the tank or tank system shall be inspected every 72 hours when not operating, if waste remains in the tank or tank system components.
Subchapter P. THERMAL TREATMENT Sec.
265a.382. Open burning; waste explosives. § 265a.382. Open burning; waste explosives.
In addition to the requirements incorporated by reference, the open burning of waste explosives as specified in 40 CFR 265.382 (relating to open burning; waste explosives) is not permitted in air basins as defined in § 121.1 (relating to definitions).
CHAPTER 266. (Reserved) §§ 266.20--266.24. (Reserved).
§§ 266.30--266.35. (Reserved).
§§ 266.40--266.44. (Reserved).
§ 266.70. (Reserved).
§ 266.80. (Reserved).
§ 266.90. (Reserved).
§ 266.91. (Reserved).
§§ 266.100--266.104. (Reserved).
§§ 266.201--266.206. (Reserved).
§§ 266.210--266.220. (Reserved).
§§ 266.230--266.240. (Reserved).
§§ 266.250--266.256. (Reserved).
§§ 266.260--266.262. (Reserved).
§ 266.270. (Reserved).
§§ 266.280--266.283. (Reserved).
CHAPTER 266a. MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Subchap.
C. RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL E. WASTE OIL BURNED FOR ENERGY RECOVERY F. RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY G. SPENT LEAD-ACID BATTERIES BEING RECLAIMED H. HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
Subchapter C. RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL Sec.
266a.20. Incorporation by reference and applicability. § 266a.20. Incorporation by reference and applicability.
Except as expressly provided in this chapter, 40 CFR Part 266 and its appendices (relating to standards for the management of specific hazardous wastes; and specific types of hazardous waste management facilities) are incorporated by reference.
Subchapter E. WASTE OIL BURNED FOR ENERGY RECOVERY Sec.
266a.40. Applicability. 266a.41. Prohibitions. 266a.42. Generators of waste oil burned for energy recovery. 266a.43. Marketers of waste oil burned for energy recovery. 266a.44. Burners of waste oil burned for energy recovery. § 266a.40. Applicability.
(a) General. Unless otherwise stated in this section, this subchapter applies to waste oil that is burned for energy recovery in a unit that is not regulated under 40 CFR Part 264, Subpart 0; 40 CFR Part 265, Subpart 0; Chapter 264a, Subchapter O or Chapter 265a, Subchapter O, except as provided by subsections (c) and (e). The waste oil is termed ''waste oil fuel.'' Waste oil fuel includes fuel produced from waste oil by processing, blending or other treatment.
(b) Heating value and permit requirements.
(1) Waste oil having less than 8,000 Btus per pound is not a fuel, and if hazardous, may be burned only in a hazardous waste incinerator, or a boiler or industrial furnace regulated under 40 CFR Part 266, Subpart H (relating to hazardous waste burned in boilers and industrial furnaces) or Chapter 266a, Subchapter H (relating to hazardous waste burned in boilers and industrial furnaces).
(2) Except as provided in subsection (d), the blending or mixing of waste oils that are hazardous under Chapter 261a (relating to criteria, identification and listing of hazardous waste) is allowed only under a hazardous waste treatment permit. This does not preclude a generator from storing compatible waste oils in a single tank prior to disposal or recycling. Waste oil that is either nonhazardous or that is identified in subsection (d) may be blended or mixed with other nonhazardous waste oil under a residual waste processing permit.
(c) Waste oil mixed with hazardous waste. Except as provided by subsection (d)(2), waste oil that is mixed with hazardous waste and burned for energy recovery is subject to regulation as hazardous waste fuel under 40 CFR Part 266, Subpart H or Chapter 266a, Subchapter H.
(d) Waste oil burned for energy recovery. Waste oil burned for energy recovery is subject to regulation under this subchapter rather than as hazardous waste fuel if it is a hazardous waste solely because it does one of the following:
(1) Exhibits a characteristic of hazardous waste identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste) or Chapter 261a, Subchapter C (relating to characteristics of hazardous waste), if it is not mixed with a hazardous waste.
(2) Contains hazardous waste generated only by a person subject to the special requirements for conditionally exempt small quantity generators under 40 CFR 261.5 (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators) or § 261a.5 (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators).
(e) Waste oil burned for energy recovery and fuel produced from waste oil. Waste oil burned for energy recovery, and fuel produced from waste oil by processing, blending or other treatment, is subject to this subchapter unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in the following table. Waste oil fuel that does not exceed the specifications in the following table is termed ''on-specification waste oil fuel'' and is subject only to the requirements of this section and the analysis and recordkeeping requirements under § 266a.43(b)(1) and (6) (relating to marketers of waste oil burned for energy recovery). Waste oil fuel that exceeds any specification level is termed ''off-specification waste oil fuel'' and subject to the requirements of this subchapter. Applicable standards for burning used oil containing PCBs are imposed by 40 CFR 761.20(e) (relating to prohibitions for PCBs).
Constituent/Property Allowable Level Arsenic Maximum 5 ppm Cadmium Maximum 2 ppm Chromium Maximum 10 ppm Lead Maximum 100 ppm Total halogens Maximum 1,000 ppm Flash point Minimum 100°F (38°C) (f) Storage and transportation of waste oil fuel shall comply with Chapter 299 (relating to the storage and transportation of residual waste).
(g) Burners of waste oil fuel shall comply with the applicable residual waste permitting requirements for the burning of waste oil in Chapter 287 (relating to residual waste management--general provisions).
§ 266a.41. Prohibitions.
(a) A person may market off-specification waste oil for energy recovery only to burners:
(1) Or other marketers who have notified the EPA and the Department of their waste oil management activities stating the location and general description of the activities, and who have an EPA identification number.
(2) Who burn the waste oil in an industrial furnace or boiler identified in subsection (b) and have a plan approval and operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources) from the Bureau of Air Quality Control, or written approval from the Bureau of Air Quality Control if the fuel is burned in Allegheny or Philadelphia Counties if Allegheny or Philadelphia County is issued first.
(b) Off-specification waste oil may be burned for energy recovery in only the following devices:
(1) Industrial furnaces identified in 40 CFR 260.10 (relating to definitions) or § 260a.10 (relating to definitions).
(2) Boilers, as defined in 40 CFR 260.10 or § 260a.10, that are identified as one of the following:
(i) An industrial boiler located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes.
(ii) A utility boiler used to produce electric power, steam or heated or cooled air or other gases or fluids for sale.
(3) A waste oil-fired space heater if:
(i) The heater burns only waste oil that the owner or operator generates or waste oil received from do-it-yourself oil changers who generate waste oil as household waste.
(ii) The heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour.
(iii) The combustion gases from the heater are vented to the ambient air.
§ 266a.42. Generators of waste oil burned for energy recovery.
(a) Except as provided in subsections (b) and (c), a generator of waste oil is not subject to this subchapter.
(b) A generator who markets waste oil directly to a burner is subject to § 266a.43 (relating to standards applicable to marketers of waste oil burned for energy recovery).
(c) A generator who burns waste oil is subject to § 266a.44 (relating to standards applicable to burners of waste oil burned for energy recovery).
§ 266a.43. Marketers of waste oil burned for energy recovery.
(a) A person who markets waste oil fuel is termed a ''marketer.'' Except as provided in this section, a marketer includes a generator who markets waste oil fuel directly to a burner, a person who receives waste oil from a generator and produces, processes or blends waste oil fuel from these waste oils, including a person sending blended or processed waste oil to a broker or other intermediary and a person who distributes but does not process or blend waste oil fuel. The following persons are not marketers subject to this subchapter:
(1) A waste oil generator and collector who transports waste oil received only from a generator, unless the generator or collector markets the waste oil directly to a person who burns it for energy recovery. A person who burns some waste oil fuel for purposes of processing or other treatment to produce waste oil fuel for marketing is considered to be burning incidentally to processing. A generator and collector who markets to incidental burners is not a marketer subject to this subchapter.
(2) A person who markets only waste oil fuel that meets the specification under § 266a.40(e) (relating to applicability) and who is not the first person to claim the oil meets the specification; that is, a marketer who does not receive waste oil from a generator or initial transporter and marketer who neither receives nor markets off-specification waste oil fuel.
(b) A marketer is subject to the following requirements:
(1) Analysis of waste oil fuel. Waste oil fuel is subject to this subchapter unless the marketer obtains analyses or other information documenting that the waste oil fuel meets the specification under § 266a.40(e).
(2) Prohibitions. The prohibitions under § 266a.41(a) (relating to prohibitions) apply.
(3) Notification. Notification shall be made to the EPA and the Department stating the location and general description of waste oil management activities. If a marketer has previously notified the EPA or the Department of HWM activities under section 3010 of RCRA (42 U.S.C.A. § 6930) and obtained an EPA identification number, the marketer shall renotify to identify his waste oil management activities.
(4) Invoice system.
(i) When a marketer initiates a shipment of off-specification waste oil, the marketer shall prepare and send the receiving facility an invoice containing the following information:
(A) An invoice number.
(B) The marketer's own EPA identification number and the EPA identification number of the receiving facility.
(C) The names and addresses of the shipping and receiving facilities.
(D) The quantity of off-specification waste oil to be delivered.
(E) The dates of shipment or delivery.
(F) The following statement: ''This waste oil is subject to Pennsylvania Department of Environmental Protection regulation under 25 Pa. Code 266a and/or U.S. EPA regulation under 40 CFR Part 266.''
(ii) Waste oil that meets the definition of ''hazardous material'' in 49 CFR 171.8 (relating to definitions and abbreviations) shall be shipped in accordance with the applicable United States Department of Transportation Hazardous Materials Regulations at 49 CFR Parts 171--180 (relating to research and special programs administration, Department of Transportation).
(5) Required notices.
(i) Before a marketer initiates the first shipment of off-specification waste oil to a burner or other marketer, the marketer shall obtain a one-time written and signed notice from the burner or marketer certifying that:
(A) The burner or marketer has notified the EPA and the Department stating the location and general description of the waste oil management activities.
(B) If the recipient is a burner, the burner will burn the off-specification waste oil only in an industrial furnace or boiler identified in § 266a.41(b).
(ii) Before a marketer accepts the first shipment of off-specification waste oil from another marketer subject to the requirements of this section, the marketer shall provide the marketer with a one-time written and signed notice certifying that the marketer has notified the EPA and the Department of his waste oil management activities.
(6) Recordkeeping.
(i) Waste oil fuel that meets the specification. A marketer who first claims under subsection (b)(1) that waste oil fuel meets the specification shall keep copies of analyses, or other information relied upon to make the determination, of waste oil for 3 years. The waste oil fuel is not subject to further regulation unless it is subsequently mixed with hazardous waste or mixed with waste oil so that it no longer meets the specification. The marketers shall also record in an operating log and keep for 3 years the following information on each shipment of waste oil fuel that meets the specification:
(A) The name and address of the facility receiving the shipment.
(B) The quantity of waste oil fuel delivered.
(C) The date of shipment or delivery.
(D) A cross reference to the record of waste oil analysis, or other information relied upon to make the determination that the oil meets the specification, required under this subparagraph.
(ii) Off-specification waste oil fuel. A marketer who receives or initiates an invoice under the requirements of this section shall keep a copy of each invoice for 3 years from the date the invoice is received or prepared. In addition, a marketer shall keep a copy of each certification notice that the marketer receives or sends for 3 years from the date the marketer last engages in an off-specification waste oil fuel marketing transaction with the person who sends or receives the certification notice.
§ 266a.44. Burners of waste oil burned for energy recovery.
An owner or operator of a facility that burns waste oil fuel is a ''burners'' and is subject to the following requirements:
(1) Prohibition. The prohibition under § 266a.41(b) (relating to prohibitions) applies.
(2) Notification. A burner of off-specification waste oil fuel and burner of waste oil fuel who is the first to claim that the oil meets the specification provided under § 266a.40(e) (relating to applicability), except a burner who burns specification oil that he generates, shall notify the EPA and the Department stating the location and general description of waste oil management activities. A burner of waste oil fuel that meets the specifications who receives the oil from a marketer that previously notified the EPA and the Department is not required to notify. An owner or operator of a waste oil-fired space heater that burns waste oil fuel under § 266a.41(b)(2) is exempt from this notification requirement. Even if a burner has previously notified the EPA and the Department of HWM activities under section 3010 of RCRA (42 U.S.C.A. § 6930) and obtained an identification number, the burner shall renotify to identify his waste oil management activities.
(3) Required notices. Before a burner accepts the first shipment of off-specification waste oil fuel from a marketer, the burner shall provide the marketer a one-time written and signed notice certifying that:
(i) The burner has notified the EPA and the Department stating the location and general description of the waste oil management activities.
(ii) The burner will burn the waste oil only in an industrial furnace or boiler identified in § 266a.41(b).
(4) Waste oil fuel analysis.
(i) Waste oil fuel burned by the generator is subject to this subchapter unless the burner obtains analysis (or other information) documenting that the waste oil meets the specification provided under § 266a.40(e).
(ii) Burners who treat off-specification waste oil fuel by processing, blending or other treatment to meet the specification provided under § 266a.40(e) shall obtain analyses or other information that documents the waste oil meets the specification.
(5) Recordkeeping. A burner who receives an invoice under the requirements of this section shall keep a copy of each invoice for 3 years from the date the invoice is received. Burners shall also keep copies of analyses of waste oil fuel as may be required by paragraph (4) for 3 years. In addition, the burner shall keep a copy of each certification notice that he sends to a marketer for 3 years from the date the burner receives off-specification waste oil from that marketer.
Subchapter F. RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY Sec.
266a.70. Applicability and requirements. § 266a.70. Applicability and requirements.
In addition to the requirements incorporated by reference:
(1) A transporter transporting recyclable materials utilized for precious metal recovery in accordance with 40 CFR Part 266, Subpart F (relating to recyclable materials utilized for precious metal recovery) is deemed to have a license for the transportation of those materials if the transporter complies with:
(i) The EPA identification number requirements of 40 CFR 263.11 (relating to EPA identification number).
(ii) The hazardous waste transporter fee requirements of § 263a.23 (relating to hazardous waste transportation fee).
(2) An owner or operator of facilities that treat recyclable materials to make the materials suitable for reclamation of economically significant amounts of the precious metals identified in 40 CFR Part 266, Subpart F is subject to § 261a.6(c) (relating to requirements for recyclable materials) unless the owner or operator is eligible for a permit by rule for the treatment under § 270a.60(b)(6) (relating to permits by rule).
Subchapter G. SPENT LEAD-ACID BATTERIES BEING RECLAIMED Sec.
266a.80. Applicability and requirements. § 266a.80. Applicability and requirements.
(a) In addition to the requirements incorporated by reference, the owner or operator of a facility treating spent, lead-acid batteries prior to the reclamation of spent lead-acid batteries is subject to the requirements of § 261a.6(c) (relating to requirements for recyclable materials) unless the owner or operator is eligible for a permit by rule for the treatment of the batteries under § 270a.60(b)(3) (relating to permits by rule).
(b) Sections 264a.82, 265a.82 and 270a.3 (relating to administration fees; and payment of fees) § 270a.3, do not apply to a facility that stores spent batteries before reclaiming them.
Subchapter H. HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES Sec.
266a.100. Applicability. § 266a.100. Applicability.
The reference to ''Part 279 of this chapter'' in 40 CFR 266.100(b)(1) (relating to applicability) is replaced with Chapter 266a, Subchapter E (relating to waste oil burned for energy recovery).
CHAPTER 266b. UNIVERSAL WASTE MANAGEMENT Subchap.
A. GENERAL B. STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE C. STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE D. STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS E. STANDARDS FOR DESTINATION FACILITIES
Subchapter A. GENERAL Sec.
266b.1. Incorporation by reference and scope. § 266b.1. Incorporation by reference and scope.
Except as expressly provided in this chapter, 40 CFR Part 273 (relating to standards for universal waste management) is incorporated by reference.
Subchapter B. SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE Sec.
266b.10. Applicability. § 266b.10. Applicability.
In addition to the requirements incorporated by reference, a small quantity handler of universal waste complying with this subchapter is deemed to have a permit for the storage of universal wastes.
Subchapter C. LARGE QUANTITY HANDLERS OF UNIVERSAL WASTES Sec.
266b.30. Applicability. § 266b.30. Applicability.
(a) In addition to the requirements incorporated by reference, a large quantity handler of universal waste complying with this subchapter is deemed to have a permit for the storage of universal wastes.
(b) The substitution of terms in § 260a.3(a)(3) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 273.32(a)(3) and 273.40(b) and (c) (relating to notification; and exports).
Subchapter D. UNIVERSAL WASTE TRANSPORTERS Sec.
266b.50. Applicability. § 266b.50. Applicability.
(a) In addition to the requirements incorporated by reference, a universal waste transporter complying with this subchapter is deemed to have a license for the transportation of universal wastes.
(b) The substitution of terms in § 260a.3(a)(3) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 273.56 (relating to exports).
Subchapter E. STANDARDS FOR DESTINATION FACILITIES Sec.
266b.60. Applicability. § 266b.60. Applicability.
Relative to the requirements incorporated by reference, 40 CFR 273.60(b) (relating to applicability) is not incorporated by reference.
CHAPTER 267. (Reserved) § 267.1. (Reserved).
§ 267.2. (Reserved).
§§ 267.11--267.30. (Reserved).
§§ 267.41--267.46. (Reserved).
§§ 267.51--267.62. (Reserved).
CHAPTER 268a. LAND DISPOSAL RESTRICTIONS Subchap.
A. GENERAL
Subchapter A. GENERAL Sec.
268a.1. Incorporation by reference, purpose, scope and applicability. § 268a.1. Incorporation by reference, purpose, scope and applicability.
(a) Except as expressly provided in this chapter, 40 CFR Part 268 (relating to land disposal restrictions), except for 40 CFR 268.5, 268.6, 268.13, 268.42(b) and 268.44, and its appendices are incorporated by reference.
(b) Relative to the requirements incorporated by reference, the substitution of the term ''EPA'' in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 268.1(e)(3) (relating to purpose, scope and applicability), and the term ''Administrator'' in § 260a.3(a)(1) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 268.40(b) (relating to applicability of treatment standards).
CHAPTER 269. (Reserved) § 269.1. (Reserved).
§§ 269.11--269.14. (Reserved).
§§ 269.21--269.29. (Reserved).
§§ 269.41--269.50. (Reserved).
§§ 269.101--269.103. (Reserved).
§ 269.111. (Reserved).
§§ 269.121--269.124. (Reserved).
§ 269.131. (Reserved).
§ 269.132. (Reserved).
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