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PA Bulletin, Doc. No. 00-432

NOTICES

Safe Fill Policy and Related Documents

[30 Pa.B. 1419]

   The Department of Environmental Protection (Department) has developed a draft safe fill policy and related documents to address the safe movement and use of soil as fill or construction material. The draft fill policy included in the proposal applies to uncontaminated soil and dredge material. The package also includes proposed amendments to the residual waste regulations to provide flexibility for movement of contaminated soil under a permit-by-rule, a general permit for beneficial use of contaminated soil and a permit waiver for the movement of waste materials onsite as part of a remediation under the Land Recycling Program (Act 2).

A.  Background

   The Department first published revisions to its guidance on the management of fill in the August 30, 1997, Pennsylvania Bulletin. Based upon comments received and the increased interest from the public on the movement of soil materials, the policy has been substantially redrafted and is being re-proposed for further public comment.

B.  Summary of the Fill package

   1)  Fill Policy.  The fill policy identifies levels of constituents in soils and dredge material that are acceptable for unrestricted movement and safe use as fill. This draft fill policy revises the current fill policy, titled ''Policy and Procedures Establishing Criteria for Use of Uncontaminated Soil, Rock, Stone, Unused Brick and Block, Concrete and Used Asphalt as Clean Fill,'' Document Number 258-2182-773, published February 29, 1996.

   2)  General Permit No. WMGR058.  A Department-initiated general permit proposed under the Solid Waste Management Act and the residual waste regulations for the beneficial use of soil affected by regulated substances. The proposed general permit regulates the use of contaminated soil by establishing acceptable levels of organic and inorganic substances for specific uses identified in the permit.

   3)  Permit-by-rule.  Draft changes to 25 Pa. Code § 287.102 (relating to permit-by-rule) to allow the use of materials as fill to bring an area to grade as a construction material, for control of fire and subsidence events or in reclamation at abandoned mines. The following categories of contaminated soil are included under permit-by-rule: soils contaminated as a result of mixing with slag, fly ash and incinerator ash commonly used as fill prior to September 7, 1980; soil contaminated by air-borne pollution or sediment and that cannot be attributed to a specific point source; agricultural soil contaminated by authorized use of lead and arsenic pesticides applied to crops in accordance with the law; soils contaminated by a known spill or release that are being removed from a site undergoing remediation; and soils that exceed the numeric levels for contaminants under the fill policy. These proposed changes will be incorporated into the final residual waste rulemaking that is currently pending as proposed rulemaking.

   4)  Waiver language.  Draft changes to 25 Pa. Code § 287.101 (relating to general requirements for permit) to allow the movement of waste encountered when performing a site remediation under the land recycling program. This waiver allows the onsite movement and placement of waste in accordance with a Department approved remediation investigation report. The permit waiver is available to persons conducting a cleanup using the site-specific standards under Act 2. These proposed changes will be incorporated into the final residual waste rulemaking that is currently pending as proposed rulemaking.

C.  Public Meetings and Hearings

   The Department will hold three public information meetings/hearings for the purpose of discussing the proposal, answering questions and receiving testimony. The first hour and a half will be for presentation of the package and questions and answers; the second hour will provide an opportunity to present testimony. The meetings will be held from 6:30 p.m. to 9 p.m. on the following dates and locations:

April 27, 2000      
May 2, 2000      
May 4, 2000      
Southwest Region      
Monongahela Room      
400 Waterfront Drive      
Pittsburgh, PA 15222      
Southcentral Region      
Codorus Room      
909 Elmerton Avenue      
Harrisburg, PA 17110      
Southeast Region      
Main Conference Room      
Suite 6010, Lee Park      
555 North Lane      
Conshohocken, PA 19428      

   Persons wishing to present testimony at the hearings must contact Millie Smith at the Bureau of Land Recycling and Waste Management, P. O. Box 8472, Harrisburg, PA 17105-8472 or by telephone at (717) 787-7564, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony will be limited to 10 minutes for each witness and three written copies of the oral testimony are requested to be submitted at the hearing. Each organization is requested to designate one witness to present testimony on its behalf.

   Persons with a disability who wish to attend the hearings and require an auxiliary aid, service or other accommodation to participate should contact Millie Smith at (717) 787-7564 or through the Pennsylvania AT&T relay service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) to discuss how the Department may accommodate their needs.

D.  Contact Persons

   Persons interested in obtaining more information or a copy of any of this proposed package may contact Millie Smith in the Division of Municipal and Residual Waste,Bureau of Land Recycling and Waste Management, P. O. Box 8472, Harrisburg, PA 17105-8472 or by calling (717) 787-7564. The draft fill package is also available electronically through the Department website (http://www.dep.state.pa.us), directLINK ''safe fill policy.''

   Written comments on the fill package or components of the fill package must be submitted to Khatija Swaroop, Bureau of Land Recycling and Waste Management, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, within 60 days of this notice. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). Comments may also be transmitted electronically to Swaroop.Khatija@dep.state.pa.us. If the sender does not receive an acknowledgment of electronic comments within 2 working days, the comment should be resubmitted to ensure receipt. Comments must be received by May 10, 2000. A subject heading of the proposal and a return name and address must be included in each letter of transmission. Comments will not be accepted by facsimile or voicemail.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 00-432. Filed for public inspection March 10, 2000, 9:00 a.m.]


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