[31 Pa.B. 235]
[Continued from previous Web Page] Section 289.534. Leachate detection zone.
Subsection (e) was amended to require that the flow calculation be based upon the flow in a lined collection area instead of the entire lined area. This can be used to more effectively address the leak on a localized basis.
Section 289.535. Liner
The Board changed the word ''lower'' to ''composite'' when describing the liner component made of earthen material in this subsection to be more descriptive and to be consistent with Appendix A, Table 1.
One commentator suggested that the regulations only include BAT or performance standards for liner system design that will protect the groundwater. The Board declined to make changes to this section. The current regulations contain design and performance standards and allow the applicant or operator to make adjustment through the equivalency review process.
Section 289.537. Leachate collection system within protective cover.
The Board amended subsection (b)(4) to delete the requirement that stones or aggregates in the leachate collection zone be noncarbonate. The performance standards in subsection (a)(2) address this issue by requiring that the collection system be able to withstand chemical attack from the leachate.
Section 289.555. Leachate collection and storage.
The Board amended subsection (g) to apply the new requirements for the design of underground leachate pipes to areas permitted after the effective date of the regulations. The new pipes must have secondary containment or comply with alternative methods of release detection identified in the underground storage tank regulations.
A commentator suggested that the 30-day leachate storage requirement allow more room for engineering mitigation. The Board declined to make the change because the 30-day storage requirement, in effect since 1992, has proven to be necessary to ensure sufficient storage during adverse weather conditions or unforeseen leachate handling problems.
Section 289.556. Leachate analysis and sludge handling.
The Board amended the proposed changes to subsection (a)(2) to not allow a reduction in the quarterly leachate chemical analyses testing requirements. It is necessary to have current information on the leachate quality to determine the things as the impact of the leachate on the liner system, the effectiveness of the leachate treatment system, and the need for additional groundwater monitoring.
Appendix A, Table I.
The Board amended the minimum liner design standards to be consistent with the municipal waste requirements and to insert new terminology.
Chapter 291. Land Application of Residual Waste
Subchapter C. General Operating Requirements for Land Application of Residual Waste Section 291.201. General provisions.
On final rulemaking, the Board added language to address the land application of human waste that is not sewage sludge. Human waste generated at a location where other residual waste is generated, that is then land applied, is subject to the operating requirements for pathogen and vector attraction reduction in Chapter 271, Subchapter J (relating to beneficial use) in addition to the operating requirements of this chapter.
Section 291.203. Limitations on land application of residual waste.
One commentator expressed concerns that land application of what some consider ''hazardous waste'' to pastures may be harmful to beef and milk industries. The Board declined to make changes to this Section in response to this concern because the land application of residual waste to agricultural land would not be approved if the application would harm animal health, human health or the environment. In addition, the Board modified § 291.201(c) to clarify that hazardous waste may not be stored, processed or disposed at a land application facility.
Subchapter D. Additional Requirements for the Agricultural Utilization of Residual Waste Section 291.315. Water quality monitoring.
The Board amended this section to clarify that soil and groundwater monitoring, when required by the Department for agricultural utilization of waste, must be conducted in accordance with requirements specified in §§ 288.525--288.258. These sections address the number and locations of monitoring wells, standards for casing of wells, sampling and analysis, reporting of results, assessment and abatement plans and recordkeeping requirements. The Board also added subsection (b) to substitute terms used in §§ 288.252--288.258 to reference disposal activities with terms used to reference land application activities.
Subchapter E. Additional Requirements
for Land ReclamationSection 291.416. Water quality monitoring.
The Board amended this section to clarify that soil and groundwater monitoring, when required by the Department land reclamation, must be conducted in accordance with requirements specified in §§ 288.525--288.258. These sections address the number and locations of monitoring wells, standards for casing of wells, sampling and analysis, reporting of results, assessment and abatement plans and recordkeeping requirements. The Board also added subsection (b) to substitute terms used in §§ 288.252--288.258 to reference disposal activities with terms used to reference land application activities.
Chapter 293. Transfer Facilities for Residual Waste
Subchapter B. Application Requirements
for Transfer FacilitiesSection 293.102. Operating plan.
The Board amended subsection (c) requiring that safety measures to prevent injuries be part of the facility operation plan. The Board added subsection (f), requiring the procedures for inspection and monitoring of incoming waste be included in the application, because these facilities need to ensure the wastes are consistent with the approved waste acceptance plan.
Section 293.103. Maps and related information.
The Board added a requirement in new subsection (a)(18) that an application for a noncaptive transfer facility indicate on the topographic map a designated area for vehicles for use in the event of the detection of waste containing radioactive material. This provision is the same as the provision added for residual waste landfills, in § 288.133, which is discussed in more detail above.
Section 293.104. Plan for access roads.
A commentator objected to the need for a road specification requirement in the plan and to the phrase ''adequately handle.'' According to this commentator, any specification to an access road should be added to § 293.213. The phrase ''adequately handle'' is vague, according to this commentator, as it does not provide clear design standards. The Board agreed and deleted the proposed language from § 293.104, retaining the current language.
Section 293.110. Daily volume.
The Board added a new Section requiring a permit applicant to justify proposed maximum daily volume requested in a permit application. This information is needed to develop the design and operating plan and is used in the environmental assessment process.
Section 293.111. Radiation protection action plan.
The Board has added a new Section in the final rulemaking requiring that an application for a noncaptive transfer facility contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting. This provision is the same as the provision added for residual waste landfills in § 288.139 (relating to radiation protection action plan), which is discussed in more detail above.
Subchapter C. Operating Requirements
for Transfer FacilitiesSection 293.201. Basic limitations.
In subsection (d), the Board added language on final rulemaking to clarify that hazardous waste may not be stored, processed or disposed at a residual waste transfer facility. In addition, the Board added new subsections to specify clearly the types of radioactive materials that might be found in the waste stream that may not be accepted at a residual waste transfer facility. These provisions are the same as the provisions added for residual waste landfills in § 288.201 (relating to basic limitations), which are previously discussed in more detail.
Section 293.202. Areas where transfer facilities are prohibited.
A commentator objected to the proposed amendment to § 293.202(a)(5), which would require a facility to be enclosed, for any aspect of storage and processing, even if storage and processing do not occur within 100 feet of the stream. The Board amended this subsection by adding a provision which allows a facility to be sited within 100 feet of a perennial stream if no storage or processing will occur within that distance.
One commentator requested clarification on what constitutes ''nearby'' in § 293.202(a)(7), in the phrase, ''if a school, park or playground is nearby.'' If a school, park or a playground is in the area, the applicant must make sure that the isolation distance of 300 yards is met.
The Board added a new requirement to paragraph (6) that allows a facility to be located within 50 feet of a property line as long as actual storage and processing will not occur within that distance.
Section 293.214. Measuring waste.
The Board deleted the current regulation requiring that solid waste delivered to a facility be accurately weighed or measured. The Board replaced this with subsection (a), requiring that only facilities receiving more than 30,000 cubic yards of waste per year weigh waste when it is received at the facility. A facility not required under subsection (a) to weigh the waste received is required to accurately measure the waste by volume or weight prior to unloading. The measurement of waste is necessary to address the daily volume operating requirements. Standards for the weigh scale and a licensing requirement for the operator of the scale are included.
Section 293.215. Operations and equipment.
The inspection and monitoring requirement that was proposed to be added in this section has been deleted. The radiation monitoring requirements have been refined and moved to various other sections throughout the final-form rulemaking.
Section 293.222. Daily volume.
The Board added a new section to the final-form regulations to indicate that a transfer facility may not receive more solid waste than the maximum daily volume that is approved in the permit.
Section 293.223. Radiation monitoring and response for noncaptive residual waste transfer facilities.
This new section has been added to the final-form rulemaking to address monitoring for and responding to radioactive materials in the waste stream. This section is the same as the section added for noncaptive residual waste landfills, § 288.222 (relating to radiation monitoring and response), which is discussed in more detail above.
Section 293.233. Soil and groundwater monitoring.
The Board amended this section to clarify that soil and groundwater monitoring, when required by the Department, must be conducted in accordance with requirements specified in §§ 288.252-288.258. These sections address the number and locations of monitoring wells, standards for casing of wells, sampling and analysis, reporting of results, assessment and abatement plans and recordkeeping requirements. The Board also added subsection (b) to substitute terms used in §§ 288.252-- 288.258 to reference disposal activities with terms used to reference storage and processing activities.
Section 293.251. Daily operational records.
Subsection (b)(11) has been added on final to require information to be kept in the daily record describing radioactive materials detected in waste loads at noncaptive facilities. This requirement is the same as the requirement added for noncaptive residual waste landfills, in § 288.281 (relating to daily operational records), which was previously discussed in more detail.
Section 293.252. Annual operation report.
The Board added subsection (b)(9) on final to require an annual reporting to the Department of radioactive materials detected at a transfer facility. This requirement was added to allow the Department to track the amount of radioactive material arriving at solid waste facilities. The date will be used to characterize the extent of the problem and for future problem solving.
Section 293.262. Cessation of operations.
The Board amended subsection (c) to clarify that when an operator makes a request to the Department to approve discontinuation of groundwater monitoring after cessation of transfer facility operations, the Department will consider, among other factors, whether the remediation standards in § 287.342(c) (relating to final closure certification) are met and maintained.
Chapter 295. Composting Facilities For Residual Waste
Chapter B. Application Requirements for Composting Facilities Operations Section 295.111. Operating plan.
The Board added paragraph (11), which requires that a permit application include procedures for inspection and monitoring of incoming waste.
Section 295.112. Maps and related information.
The Board added a requirement in new subsection (a)(20) that an application for a noncaptive composting facility indicate on the topographic map a designated area for vehicles for use in the event of the detection of waste containing radioactive material. This provision is the same as the provision added for residual waste landfills, in § 288.133, which was previously discussed in more detail.
Section 295.115. Plan for access roads.
A commentator objected to the need for a road specification requirement in the plan and to the phrase ''adequately handle''. According to this commentator, any specification to an access road should be added to § 295.212. The phrase ''adequately handle'' is vague, according to this commentator, as it does not provide clear design standards. The Board agreed and deleted the proposed language from this section.
Section 295.119. Daily volume.
The Board added a new section requiring a permit applicant to justify proposed maximum daily volume requested in a permit application. This information is needed to develop the design and operating plan, and is used in the environmental assessment process.
Section 295.120. Radiation protection action plan.
The Board has added a new section in the final-form rulemaking requiring that an application for a noncaptive composting facility contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting. This provision is the same as the provision added for residual waste landfills in § 288.139, which was previously discussed in more detail.
Subchapter C. Operating Requirements
for Composting FacilitiesSection 295.201. Basic limitations.
The Board amended subsection (d)(3) to clarify that hazardous waste may not be stored, processed or disposed at a residual waste composting facility. In addition, the regulations were amended in subsection (e) to prohibit the management of sewage sludge at these facilities. Sewage sludge composting is managed under the municipal waste regulations.
In addition, the Board added new subsections to specify clearly the types of radioactive materials that might be found in the waste stream that may not be accepted at a residual waste composting facility. These provisions are the same as the provisions added for residual waste landfills in § 288.201 (relating to basic limitations), which were previously discussed in more detail.
Section 295.202. Areas where composting facilities are prohibited.
The Board amended this subsection by adding a provision that allows a facility to be sited within 100 feet of a perennial stream if no storage or processing will occur within that distance.
The Board also added provisions in subsection (a)(6) that provide greater flexibility to the application of the siting restriction for proximity to a property line. The amendments are the same options available when applying the site restriction for distance from a perennial stream. A facility may be closer than 50 feet from the property line if the storage and processing take place only in an enclosed facility, if the adjacent property owner provides a written waiver of consent or if actual storage and processing activities do not occur within that distance.
One commentator requested clarification on what constitutes ''nearby'' in subsection (a)(9), in the phrase, ''if a school, park or playground is nearby.'' If a school, park or a playground is in the area, the applicant must make sure that the isolation distance of 300 yards is met.
Section 295.213. Access control.
The requirement to ''construct'' a fence or other suitable barrier around the areas of operation has been deleted on final-form rulemaking because no ''construction'' is necessary in instances where a natural barrier is sufficient to prevent unauthorized access.
Section 295.214. Measuring and inspection of waste.
Subsection (a) has been amended to reflect the repeal of the Weights and Measures Act of 1965 and the Public Weighmasters Act of 1961. Both acts were replaced with the Consolidated Weights and Measures Act of 1996, 3 Pa.C.S. §§ 4101--4194.
Due to redundancy, the Board deleted proposed language in subsection (c) that referred to consistency with the permit.
Section 295.221. Daily Volume.
The Board added a new section to the final-form regulations to indicate that a composting facility may not receive more solid waste than the maximum daily volume that is approved in the permit.
Section 295.222. Radiation monitoring and response for noncaptive residual waste composting facilities.
This new section has been added to the final-form rulemaking to address monitoring for and responding to radioactive materials in the waste stream. This section is the same as the section added for noncaptive residual waste landfills, § 288.222 (relating to radiation monitoring and response), which was previously discussed in more detail.
Section 295.254. Soil and groundwater monitoring.
The Board amended this section to clarify that soil and groundwater monitoring, when required by the Department, must be conducted in accordance with requirements specified in §§ 288.252--288.258. These sections address the number and locations of monitoring wells, standards for casing of wells, sampling and analysis, reporting of results, assessment and abatement plans and record keeping requirements. The Board also added subsection (b) to substitute terms used in §§ 288.252 --288.258 to reference disposal activities with terms used to reference storage and processing activities.
Section 295.271. Daily operational records.
Subsection (b)(7) has been added on final to require information to be kept in the daily record describing radioactive materials detected in waste loads at noncaptive facilities. This requirement is the same as the requirement added for noncaptive residual waste landfills, in § 288.281 (relating to daily operational records), which was previously discussed in more detail.
Section 295.272. Annual operation report.
The Board added subsection (b)(10) on final to require an annual reporting to the Department of radioactive materials detected at a transfer facility. This requirement was added to allow the Department to track the amount of radioactive material arriving at solid waste facilities. The data will be used to characterize the extent of the problem and for future problem solving.
Section 295.282. Cessation of operations.
The Board amended subsection (d) to clarify that when an operator makes a request to the Department to approve discontinuation of groundwater monitoring after cessation of composting operations, the Department will consider, among other factors, whether the remediation standards in § 287.342(c) (relating to final closure certification) are met and maintained.
Chapter 297. Incinerators and Other Processing Facilities
Subchapter B. Application Requirements
for Processing FacilitiesSection 297.102. Operating plan.
The Board added paragraph (7), which requires that a permit application include procedures for inspection and monitoring of incoming waste at a processing facility.
Section 297.103. Maps and related information.
The Board added a requirement in new subsection (a)(20) that an application for a noncaptive processing facility indicate on the topographic map a designated area for vehicles for use in the event of the detection of waste containing radioactive material. This provision is the same as the provision added for residual waste landfills, in § 288.133, which was previously discussed in more detail.
Section 297.105. Plan for access roads.
A commentator objected to the need for a road specification requirement in the plan and to the phrase ''adequately handle.'' According to this commentator, any specification to an access road should be added to § 297.213. The phrase ''adequately handle'' is vague, according to this commentator, as it does not provide clear design standards. The Board agreed and deleted the proposed language from this section.
Section 297.112. Daily volume.
The Board added a new section requiring a permit applicant to justify the proposed maximum daily volume requested in a permit application. This information is needed to develop the design and operating plan, and is used in the environmental assessment process.
Section 297.113. Radiation protection action plan.
The Board has added a new section in the final-form rulemaking requiring that an application for a noncaptive processing facility contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting. This provision is the same as the provision added for residual waste landfills in § 288.139, which was previously discussed in more detail.
Subchapter C. Operating Requirements For Processing Facilities Section 297.201. Basic limitations.
The Board amended subsection (d)(3) to clarify that hazardous waste may not be stored, processed or disposed at a residual waste composting facility. In addition, the regulations were amended in subsection (e) to prohibit the management of sewage sludge at these facilities. Sewage sludge composting is managed under the municipal waste regulations.
This section has been revised in the final regulation to specify clearly the types of radioactive materials that might be found in the waste stream that may not be accepted at a residual waste processing facility. These provisions are the same as the provisions added for residual waste landfills in § 288.201 (relating to basic limitations), which were previously discussed in more detail.
Section 297.202. Areas where incinerators and other processing facilities are prohibited.
The Board amended subsection (a)(5) by adding a provision that allows a facility to be sited within 100 feet of a perennial stream if no storage or processing will occur within that distance.
Section 297.214. Measuring and inspection of waste.
Subsection (a) has been amended to reflect the repeal of the Weights and Measures Act of 1965 and the Public Weighmasters Act of 1961. Both acts were replaced with the Consolidated Weights and Measures Act of 1996, 3 Pa.C.S. §§ 4101--4194.
Subsection (c) has been amended to delete the requirement to monitor and inspect incoming waste for radioactive isotopes. This requirement was refined and moved to the various other sections throughout the final rulemaking.
Section 297.222. Daily Volume.
The Board added a new section to the final-form regulations to indicate that a composting facility may not receive more solid waste than the maximum daily volume that is approved in the permit.
Section 297.223. Radiation monitoring and response for noncaptive residual waste processing facilities.
This new section has been added to the final-form rulemaking to address monitoring for and responding to radioactive materials in the waste stream. This section is the same as the section added for noncaptive residual waste landfills, § 288.222 (relating to radiation monitoring and response), which was previously discussed in more detail.
Section 297.233. Soil and groundwater monitoring.
The Board amended this section to clarify that soil and groundwater monitoring, when required by the Department, must be conducted in accordance with requirements specified in §§ 288.252--288.258. These sections address the number and locations of monitoring wells, standards for casing of wells, sampling and analysis, reporting of results, assessment and abatement plans and record keeping requirements. The Board also added subsection (b) to substitute terms used in §§ 288.252 --288.258 to reference disposal activities with terms used to reference storage and processing activities.
Section 297.261. Daily operational records.
Subsection (b)(11) has been added on final to require information to be kept in the daily record describing radioactive materials detected in waste loads at noncaptive facilities. This requirement is the same as the requirement added for noncaptive residual waste landfills, in § 288.281 (relating to daily operational records), which was previously discussed in more detail.
Subsection (b)(12) has been added on final to require a processing facility operator to identify vehicles that have arrived at the facility over the maximum gross weight allowed on roadways of this Commonwealth under section 4941 of the Vehicle Code. This requirement is designed to help reduce the number of overweight waste vehicles travelling on roadways of this Commonwealth. While the Department will not use this part of the daily operational record to institute a direct enforcement action against a waste hauler for exceeding a roadway weight limit or against a waste facility for accepting an overweight vehicle, the Department may use the information in enforcing the daily volume limits at the facility, in selecting locations for routine vehicle inspections and in taking other steps toward reducing the number of overweight waste vehicles.
Section 297.262. Annual operation report.
The Board added subsection (b)(9), requiring that a record of detected radioactive materials at the facility should be included in the annual report.
Section 297.272. Cessation of operation.
The Board amended subsection (c) to clarify that when an operator makes a request to the Department to approve discontinuation of groundwater monitoring after cessation of operations, the Department will consider, among other factors, whether the remediation standards are met and maintained.
Chapter 299. Storage and Transportation
of Residual Waste
Subchapter A. Standards for Storage of Residual Waste Section 299.121. Containers.
The Board amended subsection (b) to clarify that containers shall be designed to prevent leaks. Language requiring the operator to prevent leaks was deleted. The Board added subsection (e) to require a maximum height, width and depth for a group of containers. These requirements are necessary to provide enough aisle space for inspections and remedial actions that involve emergency vehicles and equipment.
Section 299.122. Storage tanks.
In subsection (a), the Board added the requirement that storage tanks must be clearly labeled as ''residual waste.'' The Board added subsection (b), for aboveground storage tanks, and subsection (c), for underground storage tanks, to clarify the design and performance standards that are necessary for tanks used to store residual wastes. Alternative designs may be approved by the Department if it can be demonstrated that they perform at levels equivalent to the requirements in subsections (b) and (c).
Section 299.155. Storage of whole and processed waste tires.
The Board amended this Section to apply to whole and processed waste tires, rather than just waste tires, as these are the ultimate state once tires become a waste. The Board amended §§ 299.155 to 299.163 to delete the term ''tire derived material'' because tire derived material is included within the category of processed waste tires.
Two commentators indicated the management standards proposed in §§ 299.155--299.163 are not required for tires qualified as coproducts. Facilities that burn incoming waste tires for fuel use them as coproducts, not waste. They do not store ''waste tires.'' The Board did not amend this section to address this issue because tires stored at the point of use for fuel that are qualified as coproducts do not need to comply with the storage requirements in §§ 299.156--299.163. The tires must, however, not be accumulated speculatively or be abandoned or disposed.
Another commentator was concerned that the proposed storage standards are costly and will discourage smaller tire recyclers, especially in rural areas. This commentator requested that the Board add a third, small operator category to encourage such recycling. A clarification on the phrase ''small piles'' was requested. The Board declined to modify this section because 500 waste tires is an appropriate exemption for small piles. The final-form regulations do not apply to persons storing less than 500 waste tires in open storage or less than 1,500 waste tires in enclosed storage unless such storage is harmful to public health and the environment. Further, the Department has the latitude to waive or modify storage requirements for small piles at the site of generation.
Section 299.162. Annual report for waste tire storage.
One commentator has objected to and asked for justification for the requirement to maintain certain annual reports for a minimum of 5 years, and not for three years. The Board agreed with this commentator and, although the annual report is still required to be submitted to the Department in the final-form regulations, it is not required to be maintained onsite.
The Board amended this section to require that the annual report include, along with the approximate number of tires, the weight of the whole or processed waste tires stored at the facility. In addition, the weights and numbers must be reported in passenger tire equivalents (PTE) with 1 (one) PTE equal to 20 pounds.
Section 299.220. Signs on vehicles.
The Board amended the final-form rulemaking to add a new section on signs on vehicles. The requirements currently exist in the municipal waste regulations. Since they also pertain to residual waste transporters, the requirements were repeated in these regulations to assist with compliance.
Section 299.221. Transporting foodstuffs and feedstuffs in vehicles used to transport waste.
The Board added a new section on final rulemaking to address the transportation of foodstuffs and feedstuffs in vehicles used to transport waste. The requirements currently exist in the municipal waste regulations. Since they also pertain to residual waste transporters, the requirements were repeated in these regulations to assist with compliance.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed regulation.
Benefits
The final-form amendments to the residual waste regulations clarify existing regulations; eliminate requirements which are no longer necessary or are redundant; encourage performance-based requirements; encourage green technologies; and support a pollution prevention approach.
By modifying the definition of ''waste'' and related terms, more generators will be encouraged to use materials since no regulations will apply to materials used as an ingredient in manufacturing or used as a substitute for a commercial product.
Numerous changes are made to encourage flexibility and innovation by facility operators. The final amendments to the technical standards for residual waste landfills, for example daily cover requirements, focus on providing performance standards instead of design standards whenever appropriate. Where a design standard is stated and an equivalent method or technology is available if demonstrated by the applicant/operator to be adequate, the equivalency approval process has been simplified. Similarly, the proposed amendments limit the types of permit modifications that must go through a major modification process (including public notice and comment).
To promote green technologies, the final-form regulations allow for the demonstration of new technology at existing facilities to be performed through a permit modification process.
The citizens of this Commonwealth will benefit as a result of the more detailed environmental assessment process, which requires actual mitigation of existing and potential harms to the public and the environment from the facility. Citizens will also benefit from better protection from the improper disposal of radioactive materials.
Compliance Costs
Although this is a large, comprehensive rulemaking, it should not result in increased costs to the regulated community. Increased costs to industry will be reflected in the requirements of establishing systems for monitoring for and responding to radioactive materials unlawfully arriving at a waste facility. Industry will experience minor cost increases as a result of increases in permit application fees.
It is projected that there will be no increased costs or savings to local government for implementation or compliance monitoring activities associated with the regulations. The tire storage requirements have the potential to save local communities significant costs related to compliance monitoring and cleanup.
Savings are projected to be significant. The regulated community may realize savings up to $7 million due to changes in the definition of ''waste,'' and the addition of industry-wide coproduct determination provisions. The regulated community will save the cost of performing coproduct determinations in many instances where material will be used as an ingredient in manufacturing or as a substitute to a commercial product. In addition, the definition of ''coproduct'' has been expanded to allow more materials to qualify and thus avoid regulation. If a coproduct determination is necessary, costs may be reduced in some instances by the ability to qualify for an industry-wide coproduct determination. Operators of residual waste facilities may avoid cleanup costs by complying with the modified remediation standards. Costs of over $8 million for the cleanup of waste tire piles because of fire may be prevented with the proper storage of waste tires and installation of safety systems.
Compliance Assistance Plan
The Department will assist the regulated community by developing fact sheets where they would be helpful based on suggestions from industry groups. The Department's field staff will provide compliance assistance during routine facility permitting and inspections. In addition, the Department will continue to work with the Pennsylvania Chamber of Business and Industry and other industry groups at regularly scheduled intervals.
Paperwork Requirements
The final-form regulations should result in a net reduction in paperwork requirements due to revisions to the definition of ''waste'' and related terms. A coproduct determination will not have to be done by a generator in instances where, for example, the material is recycled by being used as an ingredient in an industrial process or as a substitute for a commercial product. In addition, the paperwork requirements may be significantly reduced as a result of changes to the regulations that provide for electronic submissions of data and applications.
G. Pollution Prevention
The Federal Pollution Prevention Act of 1990 established a national policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally-friendly materials, more efficient use of raw materials, or the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance.
The residual waste regulations have required generators to develop source reduction strategies since 1992. No revisions to these requirements have been included in this rulemaking. The existing requirements have caused the development of a highly successful source reduction program.
H. Sunset Review
This regulation 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 July 29, 1998, the Department submitted a copy of the notice of proposed rulemaking, published at 28 Pa. B. 4037 to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing these final-form regulations, the Department has considered all comments from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), these final form regulations were deemed approved by the House Environmental Resources and Energy Committee on October 10, 2000, and were approved by the Senate Environmental Resources and Energy Committee on October 10, 2000. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 19, 2000 and approved the final-form regulations.
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 at 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 regulations do not enlarge the purpose of the proposal published at 28 Pa.B. 407.
(4) These 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 Chapters 250 and 287--299, are amended by amending §§ 250.9, 287.1, 287.2, 287.4, 287.51--287.55, 287.101, 287.102, 287.112, 287.115, 287.117, 287.122--287.125, 287.127, 287.131--287.134, 287.141, 287.151, 287.152, 287.154, 287.201--287.203, 287.211, 287.212, 287.221--287.223, 287.231, 287.321, 287.332, 287.341, 287.342, 287.371, 287.413, 287.421, 287.501, 287.502, 287.504, 287.611, 287.621, 287.632, 287.661, 287.662, 288.111--288.113, 288.121--288.124, 288.127, 288.131--288.134, 288.136, 288.141, 288.152, 288.182, 288.191, 288.201, 288.202, 288.211--288.218, 288.232--288.234, 288.245, 288.252--288.254, 288.256, 288.257, 287.261, 288.262, 288.271, 288.272, 288.281, 288.283, 288.292, 288.301, 288.302, 288.412, 288.422, 288.423, 288.432--288.436, 288.438, 288.454, 288.455, 288.512, 288.522, 288.523, 288.532--288.535, 288.537, 288.554, 288.555, 288.621--288.624, 289.111--289.113, 289.121, 289.122, 289.124, 289.127, 289.131--289.134, 289.136, 289.141, 289.152, 289.172, 289.201, 289.212, 289.221--289.225, 289.227, 289.228, 289.242, 289.255, 289.262--289.264, 289.266, 289.267, 289.281, 289.282, 289.291, 289.292, 289.301, 289.303, 289.312, 289.412, 289.422, 289.423, 289.432--289.436, 289.438, 289.454--289.456, 289.512, 289.522, 289.523, 289.532, 289.534, 289.535, 289.537, 289.554, 289.555, Appendix A, 291.101--291.103, 291.201--291.203, 291.205, 291.207 291.210, 291.221, 291.222, 291.301, 291.311, 291.312, 291.315, 291.316, 291.412, 291.414, 291.416, 291.417, 293.1, 293.102, 292.103, 293.106, 293.109, 293.201, 293.202, 293.211--293.219, 293.221, 293.231--293.234, 293.241, 293.251, 293.252, 293.262, 295.111, 295.112, 295.201, 295.202, 295.211--295.215, 295.217, 295.218, 295.220, 295.231, 295.253--295.255, 295.261, 295.271, 295.272, 295.282, 297.102, 297.103, 297.201, 297.202, 297.211--297.219, 297.221, 297.232--297.234, 297.253, 297.261, 297.262, 297.272, 299.101, 299.115, 299.121, 299.122, 299.131, 299.144, 299.201 and 299.219; by adding §§ 287.8--287.10, 287.135, 288.128, 288.138, 288.139, 288.221, 288.222, 289.127, 289.128, 289.137, 289.138, 289.229, 289.230, 291.209, 291.314, 291.501--291.503, 291.511--291.517, 291.521--291.528, 293.110, 293.111, 293.222, 293.223, 295.119, 295.120, 295.121, 295.221, 295.222, 297.112, 297.113, 297.222, 297.223, 299.155--299.163, 299.220 and 299.221; and by deleting §§ 288.231, 289.241, 289.302, 291.209, 291.314, 291.501--291.503, 291.511--291.517 and 291.521--291.528 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(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,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 30 Pa.B. 5807 (November 4, 2000).)
Fiscal Note: Fiscal Note 7-336 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND
SAFETY
ARTICLE VI. GENERAL HEALTH AND SAFETY
CHAPTER 250. ADMINISTRATION OF LAND
RECYCLING PROGRAM
Subchapter A. GENERAL PROVISIONS § 250.9. Interaction with other environmental statutes.
(a) A release of a regulated substance at a solid waste facility which did not receive waste after September 7, 1980, shall be remediated in accordance with this chapter and the act.
(b) Nothing in this chapter affects the permitting, operation, design, performance or closure requirements under the environmental protection acts or regulations thereunder. The remediation standards as defined in Chapters 271 and 287 (relating to municipal waste management--general provisions; and residual waste management--general provisions), do not substitute for design and performance standards required under the solid waste management regulations. See Articles VIII and IX (relating to municipal waste; and residual waste management). In the case of hazardous waste facilities, remediations shall comply with requirements applicable under the Resource Conservation and Recovery Act (42 U.S.C.A. §§ 6091--6986).
(c) An unpermitted release or spill of a regulated substance at a permitted solid waste facility that is outside a disposal or processing unit, including surface impoundments, waste storage areas, associated piping and underlying containment systems, shall be remediated in accordance with this chapter and the act.
ARTICLE IX. RESIDUAL WASTE
CHAPTER 287. RESIDUAL WASTE MANAGEMENT--GENERAL PROVISIONS
Subchapter A. GENERAL § 287.1. Definitions.
The following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
ASTM--The American Society for Testing and Materials.
Abatement--The restoration, reclamation, recovery, and the like, of a natural resource adversely affected by the activity of a person, permittee or municipality.
Abatement standards--Background, Statewide health and risk-based standards as those terms are defined under this article.
Access road--A roadway or course providing access to a residual waste processing or disposal facility, or areas within the facility, from a road that is under Federal, State or local control.
Accumulated speculatively--A material that is accumulated before being recycled.
(i) The term does not include material if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that--during the calendar year (commencing on January 1)--the amount of material that is recycled or transferred to a different site for recycling, equals at least 75% by weight or volume of the amount of that material accumulated at the beginning of the period.
(A) In calculating the percentage of turnover, the 75% requirement is to be applied to each material of the same type--for example, slags from a single smelting process--that is recycled in the same way (that is, from which the same material is recovered or that is used in the same way).
(B) Materials that are already defined as wastes also are not to be included in making the calculation.
(ii) Materials are no longer in this category once they are removed from accumulation for recycling.
(iii) The term does not include a waste pile if the waste is being mined and if one of the following is met:
(A) An approved waste closure plan allows mining of the waste.
(B) If waste was disposed prior to September 7, 1980, an approved mining permit allows mining of the waste.
Act--The Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
Adjacent area--Contiguous and noncontiguous land located outside the permit area, where air, surface water or groundwater, fish, wildlife, vegetation or other resources protected by this article may be adversely affected by residual waste management.
Adversely affect--In the context of water supplies, the term has the following meaning: to cause or contribute to a measurable increase in the concentration of one or more contaminants in a water supply above background levels, or to cause or contribute to a decrease in the quantity of the water supply.
Agricultural utilization--The land application of solid waste for its plant nutrient value or as a soil conditioner as part of an agricultural operation.
Agricultural waste--Poultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur bearing animals and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural, aquacultural and silvicultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands. The term also includes materials in liquid or solid form generated in the production and marketing of fish or fish hatcheries.
Airport--A public airport, as defined in 67 Pa. Code § 471.2 (relating to definitions). The term does not include heliports.
Aquaculture--The practice of raising plants or animals, such as fish or shellfish, in manmade or natural bodies of water.
Aquifer--A geologic formation, group of formations or part of a formation capable of yielding sufficient groundwater for monitoring purposes.
Association--A corporation, partnership, limited liability company, business trust or two or more persons associated in a common enterprise or undertaking.
Attenuating soil--Soil material existing in place or placed beneath solid waste that will provide natural attenuation of leachate emanating from the waste.
Attenuation--A decrease in the maximum concentration or total quantity of an applied chemical or biological constituent of solid waste in a fixed time or distance that results from physical, chemical or biological reactions or transformations.
Autofluff--Residue from the shredding of automobiles after all fluids have been removed.
Background standard--A numerical value as determined under section 302 of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § 6026.302) and § 250.202 (relating to establishing background concentrations).
Beneficial use--Use or reuse of residual waste or residual material derived from residual waste for commercial, industrial or governmental purposes, if the use does not harm or threaten public health, safety, welfare or the environment, or the use or reuse of processed municipal waste for any purpose, if the use does not harm or threaten public health, safety, welfare or the environment.
By-product--A material that is not one of the primary products of a production process or a coproduct and is not solely or separately produced by the production process.
Byproduct materials--The Federal definition for ''byproduct material'' in 10 CFR 20.1003 (relating to definitions) is incorporated by reference.
Captive residual waste facility--A residual waste processing or disposal facility that is located upon lands owned by the person or municipality that generated the residual waste and which is operated to provide for the processing or disposal solely of the generator's residual waste.
Chemical Abstract Service Registry Number--A number assigned to a corresponding type of chemical or chemical category as referenced in regulations promulgated under the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C.A. §§ 11001--11050). The list of Chemical Abstract Service Registry numbers is codified at 40 CFR 372.65 (relating to chemicals and chemical categories to which this part applies).
Clean fill--Uncontaminated, nonwater-soluble, inert solid material used to level an area or bring the area to grade. The term does not include materials placed in or on the waters of this Commonwealth.
Clean Streams Law--35 P. S. §§ 691.1--691.1001.
Closure--The act of permanently ceasing to accept waste at a residual waste processing, storage or disposal facility, and limiting access to those activities necessary for postclosure care, maintenance and monitoring.
Coal ash--Fly ash, bottom ash or boiler slag resulting from the combustion of coal, that is or has been beneficially used, reused or reclaimed for a commercial, industrial or governmental purpose. The term includes such materials that are stored, processed, transported or sold for beneficial use, reuse or reclamation. For purposes of this article, the term also includes fly ash, bottom ash or boiler slag resulting from the combustion of coal, that is not and has not been beneficially used, reused or reclaimed for a commercial, industrial or governmental purpose.
Collateral bond--A penal bond agreement in a sum certain, payable to the Department, executed by the operator, and which is supported by the deposit with the Department of cash, negotiable bonds of the United States, the Commonwealth, the Turnpike Commission, the General State Authority, the State Public School Building Authority or a Commonwealth municipality, Commonwealth bank automatically renewable and assignable certificates of deposit, or irrevocable and standby Commonwealth bank letters of credit.
Commercial establishment--An establishment engaged in nonmanufacturing or nonprocessing business. The term includes stores, markets, office buildings, restaurants, shopping centers and theaters.
Composting--The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
Composting facility--A facility for processing solid waste by composting.
Composting pad--An area within a composting facility where compost or solid waste is processed, stored, loaded or unloaded.
Confined aquifer--An aquifer in which the uppermost surface is at greater than atmospheric pressure.
Construction material--The engineered use of residual waste as a substitute for a raw material or a commercial product in a construction activity, if the waste has the same engineering characteristics as the raw material or commercial product for which it is substituting. The term includes the use of residual waste as a road bed material, for pipe bedding, and in similar operations. The term does not include valley fills, the use of residual waste to fill open pits from coal or other fills, or the use of residual waste solely to level an area or bring the area to grade where a construction activity is not completed promptly after the placement of the solid waste.
Container--A portable device in which waste is stored or transported.
Coproduct--
(i) A material generated by a manufacturing or production process, or a spent material, of a physical character and chemical composition that is consistently equivalent to the physical character and chemical composition of an intentionally manufactured product or produced raw material, if the use of the material presents no greater threat of harm to human health and the environment than the use of the product or raw material. A material may not be compared, for physical character and chemical composition, to a material that is no longer determined to be waste in accordance with § 287.7 (relating to determination that a material is no longer a waste). A coproduct determination, which shall be made in accordance with § 287.8 (relating to coproduct determinations), only applies to materials that will be applied to the land or used to produce products that are applied to the land, including the placement of roadway aggregate, pipe bedding or construction materials, or that will be used for energy recovery as is with a minimum BTU value of 5,000/lb. as generated or as fired. If the proposed coproduct material is oil, a determination may only be made for oil refined from crude oil or synthetically produced oil, not contaminated by physical or chemical impurities, that will be used for energy recovery if the material has a minimum heat content (BTU value) comparable to the petroleum fuel it will replace.
(ii) The term only applies to one of the following:
(A) If the material is to be transferred in good faith as a commodity in trade, for use in lieu of an intentionally manufactured product or produced raw material, without processing that would not be required of the product or raw material, and the material is not accumulated speculatively. Sizing, shaping or sorting of the material will not be considered processing for the purpose of this definition.
(B) If the material is to be used by the manufacturer or producer of the material in lieu of an intentionally manufactured product or produced raw material, without processing that would not be required of the product or raw material, and the material is not accumulated speculatively. Sizing, shaping or sorting of the material will not be considered processing for the purpose of this definition.
(iii) If no product or produced raw material exists for purposes of chemical and physical comparison, the Department will review, upon request, information provided and determine whether the material is a coproduct because it is an effective substitute for an intentionally manufactured product or produced raw material, based on the criteria in subparagraph (ii) and whether the material presents a threat of harm to human health and the environment in accordance with § 287.8.
(iv) A waste may become a coproduct after processing if it would otherwise qualify as a coproduct.
(v) Persons producing, selling, transferring, possessing or using a material who claim that the material is a coproduct and not a waste shall demonstrate that there is a known market or disposition for the material, and that they meet the terms of this definition and § 287.8. In doing so, they shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste.
Crude material--A naturally occurring material in its unrefined or natural state.
Disposal--The deposition, injection, dumping, spilling, leaking, incineration 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.
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