PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CHS. 260a, 261a, 262a, 263a, 264a, 265a, 266a, 266b, 267a, 269a AND 270a]
Hazardous Waste Regulations
[37 Pa.B. 3249]
[Saturday, July 14, 2007]The Environmental Quality Board (Board) proposes to amend Chapters 260a, 261a, 262a, 263a, 264a, 265a, 266a, 266b, 267a, 269a and 270a and add Chapter 267a (relating to standards for owners and operators of hazardous waste facilities operating under a standardized permit) to read as set forth in Annex A. This proposed rulemaking updates the hazardous waste management program regulations.
This proposed rulemaking was adopted by the Board at its meeting of May 16, 2007.
A. Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact D. Richard Shipman, Chief, Division of Hazardous Waste Management, P. O. Box 8471, Rachel Carson State Office Building, Harrisburg, PA 17105-8471, (717) 787-6239; or Kurt Klapkowski, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department of Environmental Protection's (Department) website at www.depweb.state.pa.us.
C. Statutory Authority
The proposed rulemaking is being made under the authority of sections 105, 402 and 501 of the Solid Waste Management Act (SWMA) (35 P. S. §§ 6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (HSCA) (35 P. S. §§ 6020.303 and 6020.305(e)(2)); sections 5, 402 and 501 of The Clean Streams Law (35 P. S. §§ 691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20). Under sections 105, 402 and 501 of the SWMA, the Board has the power and duty to adopt rules and regulations concerning the storage, treatment, disposal and transportation of hazardous waste that are necessary to protect the public's health, safety, welfare and property, and the air, water and other natural resources of this Commonwealth. Sections 303 and 305(e)(2) of the HSCA grant the Board the power and duty to promulgate regulations to carry out the provisions of the HSCA. Sections 5, 402 and 501 of The Clean Streams Law grant the Board the authority to adopt regulations that are necessary to protect the waters of this Commonwealth from pollution. Section 1920-A of The Administrative Code of 1929 grants the Board the authority to promulgate rules and regulations that are necessary for the proper work of the Department.
D. Background and Purpose
This proposed rulemaking addresses the Secretary's directive to review and revise the Department regulations to implement the goals in the Administration's priorities of increased environmental protection and improved human quality of life.
The proposed rulemaking includes revisions to remove obsolete provisions and correct inaccurate references currently in the regulations; delete the outdated coproduct transition scheme; simplify the hazardous waste manifest system; update the financial assurance requirements for bonding; expand and clarify the universal waste requirements; and add provisions for standardized permits.
The specific Administration priorities addressed in this proposed rulemaking include the following:
* Improving the permitting process by incorporating the Federal standardized permits provision and including regulatory provisions to accomplish this.
* Changing the bonding requirements to improve the reliability of money available to properly close a hazardous waste facility. Replacing the financial test and corporate guarantee with the option to use an insurance policy as a closure bond mechanism.
* Making a minor correction to the regulations for corrective action for solid waste management units will eliminate an impediment for the Commonwealth to receive Federal authorization, which would provide increased flexibility and further encourage brownfields redevelopment opportunities.
* Simplifying the reporting requirements for hazardous waste manifests and universal wastes to eliminate unnecessary reports and reduce paperwork requirements.
* Adding two new universal wastes that encourage recycling and proper management of hazardous wastes that might otherwise be disposed improperly.
E. Summary of Regulatory Requirements
Chapter 260a. Hazardous Waste Management System: General
§ 260a.30. Variances from classification as a solid waste.
This proposed rulemaking rescinds this section because the coproduct transition language is obsolete. This language was previously necessary to transition materials that were classified as coproducts and therefore not regulated as waste under the regulations prior to incorporating the Federal definition of ''solid waste'' on May 1, 1999. The deadline for transitioning was May 1, 2001.
Chapter 261a. Identification and Listing of Hazardous Waste
§ 261a.8. Requirements for universal waste.
This proposed rulemaking amends language to include new materials that may be managed as universal waste (oil-based finishes and photographic solutions) and deletes mercury-containing devices. A parallel regulation in 40 CFR (relating to protection of environment) is incorporated in 25 Pa. Code (relating to environmental protection) by reference. This causes the Pennsylvania-specific universal waste for mercury-containing devices to be redundant and not necessary.
Chapter 262a. Standards Applicable to Generators of Hazardous Waste
§ 262a.10. Incorporation by reference, purpose, scope and applicability.
New language excludes the University Laboratories XL Project--Laboratory Environmental Management Standard from incorporation of Federal regulations by reference. These unincorporated citations apply only to specific university laboratories in Massachusetts and Vermont.
§ 262a.12. EPA identification numbers.
This proposed rulemaking removes the exception to substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) because the Department now issues United States Environmental Protection Agency (EPA) ID numbers. This proposed rulemaking adds the requirement for a generator to submit a subsequent notification if the name of the facility changes and clarifies a subsequent notification when there is a change of ''generator status'' instead of ''facility class.''
Subchapter B. Manifest
§§ 262a.20--262a.23.
Changes to the manifest system in the incorporated Federal regulations that were published as a final rule at 70 FR 10776 (March 4, 2005), known as the uniform manifest rule, have made Pennsylvania-specific requirements obsolete. Therefore, Pennsylvania-specific requirements in §§ 262a.20--262a.23 are being rescinded.
§ 262a.41. Biennial report.
This section is rescinded because it is no longer necessary to modify the EPA report form for use in this Commonwealth.
§ 262a.100. Source reduction strategy.
This proposed rulemaking corrects an incorrect cross reference to 40 CFR.
Chapter 263a. Transporters of Hazardous Waste
§ 263a.12. Transfer facility requirements.
This proposed rulemaking removes Pennsylvania-specific manifest requirements for transfer facilities. These requirements are no longer necessary because of the incorporated Federal uniform manifest requirements.
§ 263a.13. Licensing.
This proposed rulemaking removes an inaccurate cross-reference to § 263a.30 (relating to immediate action).
§ 263a.20. Manifest system.
§ 263a.21. Compliance with the manifest.
These sections are rescinded because the Pennsylvania-specific manifest requirements are redundant because of the Federal uniform manifest rule adopted on March 4, 2005.
§ 263a.25. Civil penalties for failure to submit hazardous waste transporter fees.
§ 263a.26. Assessment of penalties.
These sections are rescinded to remove regulatory provisions for civil penalties. The provision has never been used. The Department still has the authority to assess penalties for failure to submit fees, submission of falsified information, failure to submit documentation that no fee was due or failure to meet the time schedule for submission of fees.
Chapter 264a. Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
§ 264a.1. Incorporation by reference, purpose, scope and reference.
This proposed rulemaking clarifies the reference to 40 CFR Part 264, Appendix VI (relating to political jurisdictions in which compliance with 40 CFR 264.18(a) must be demonstrated) that is excluded from incorporation by reference.
§ 264a.71. Use of the manifest system.
This section is rescinded because the Pennsylvania-specific manifest requirements are redundant because of the Federal uniform manifest rule adopted on March 4, 2005.
§ 264a.80. Civil penalties for failure to submit hazardous waste management fees.
§ 264a.81. Assessment of penalties; minimum penalties.
These sections are rescinded to remove regulatory provisions for civil penalties. The provision has never been used. The Department still has the authority to assess penalties for failure to submit fees, submission of falsified information, failure to submit documentation that no fee was due or failure to meet the time schedule for submission of fees.
§ 264a.83. Administration fees during closure.
This proposed rulemaking moves closure requirements from this section to § 264a.115 (relating to certification of closure), as suggested by the EPA, for clarity purposes, during authorization update review.
§ 264a.101. Corrective action for solid waste management units.
This section is rescinded because it prevented the Commonwealth from being approved by the EPA for authorization to implement the RCRA Corrective Action Program.
§ 264a.115. Certification of closure.
This proposed rulemaking adds certification of closure provisions from § 264a.83 (relating to administration fees during closure).
Subchapter H. Financial Requirements
The financial test and corporate guarantee is proposed to be deleted based on the Department's experience with companies suddenly losing the ability to meet the requirements of the financial test with no means of replacing collateral available or entering bankruptcy. The use of closure insurance is proposed to replace the financial test. This is provided for in the Federal regulations.
The proposed rulemaking clarifies that only new facilities that are applying for a new permit are eligible for phased deposit of collateral. An existing facility could enter forfeiture early in the phased deposit stage and not have adequate bond to cover closure costs.
The proposed rulemaking revises bond forfeiture wording to specify that moneys from forfeited bonds will first be used to properly close the facility for which the bond was forfeited (same as municipal and residual waste regulations).
§ 264a.195. Inspections.
This section, regarding hazardous waste tank inspection frequency, is proposed to be rescinded. A request for interpretation from the Pennsylvania Chamber of Business and Industry brought to the attention of Department staff that this section may conflict with Federal regulations otherwise incorporated by reference. This section originally supplemented the incorporated Federal regulations by adding a requirement that tanks be inspected every 72 hours when not operating if waste remains in the tank. The incorporated Federal regulations require tanks to be inspected at least once each operating day. Since tanks are designed to contain an accumulation of hazardous waste, the Department has taken the position that, when waste is in the tank, it is operating and shall be inspected once every 24 hours.
Chapter 265a. Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
§ 265a.71. Use of the manifest system.
This section is rescinded because the Pennsylvania-specific manifest requirements are redundant because of the Federal uniform manifest rule adopted on March 4, 2005.
§ 265a.80. Civil penalties for failure to submit hazardous waste management fees.
§ 265a.81. Assessment of penalties; minimum penalties.
These sections are rescinded to remove regulatory provisions for civil penalties. The provision has never been used. The Department still has the authority to assess penalties for failure to submit fees.
§ 265a.83. Administration fees during closure.
This proposed rulemaking moves closure requirements from this section to § 265a.115 (relating to certification of closure), as suggested by the EPA, for clarity purposes, during authorization update review.
§ 265a.115. Certification of closure.
The proposed rulemaking adds certification of closure provisions from § 265a.83 (relating to administration fees during closure).
Subchapter H. Financial Requirements.
The financial test and corporate guarantee is proposed to be deleted based on the Department's experience with companies suddenly losing the ability to meet the requirements of the financial test with no means of replacing collateral available or entering bankruptcy. The use of closure insurance is proposed to replace the financial test. This is provided for in the Federal regulations.
This proposed rulemaking clarifies that only new facilities that are applying for a new permit are eligible for phased deposit of collateral. An existing facility could enter forfeiture early in the phased deposit stage and not have adequate bond to cover closure costs.
This proposed rulemaking amends bond forfeiture wording to specify that moneys from forfeited bonds will first be used to properly close the facility for which the bond was forfeited (same as municipal and residual waste regulations).
§ 265a.195. Inspections.
This section, regarding hazardous waste tank inspection frequency, is proposed to be rescinded. A request for interpretation from the Pennsylvania Chamber of Business and Industry brought to the attention of Department staff that this section may conflict with Federal regulations otherwise incorporated by reference. This section originally supplemented the incorporated Federal regulations by adding a requirement that tanks be inspected every 72 hours when not operating if waste remains in the tank. The incorporated Federal regulations require tanks to be inspected at least once each operating day. Since tanks are designed to contain an accumulation of hazardous waste, the Department has taken the position that, when waste is in the tank, it is operating and shall be inspected once every 24 hours.
Chapter 266a. Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
§ 266a.70. Applicability and requirements.
This proposed rulemaking corrects a typographical error that incorrectly refers to § 270a.60(b)(6) (relating to references) as the precious metal reclamation permit-by-rule provision. The correct citation is § 270a.60(b)(5).
Chapter 266b. Universal Waste Management
§ 266b.1. Incorporation by reference and scope.
This proposed rulemaking deletes mercury-containing devices; the incorporated Federal regulations now include mercury-containing equipment with equivalent requirements. This proposed rulemaking lists two new Pennsylvania-specific materials to be eligible for management as universal wastes: oil-based finishes and photographic processing solutions.
§ 266b.3. Definitions.
This proposed rulemaking deletes mercury-containing devices and moves the definitions to the beginning of the subchapter. This proposed rulemaking adds technical definitions for the two new materials that are being proposed as Pennsylvania-specific materials to be eligible for management as universal wastes under this proposed rulemaking (oil-based finishes and photographic solutions).
§ 266b.4. Applicability--oil-based finishes.
This proposed section describes which oil-based finishes will be eligible for management as universal wastes.
§ 266b.5. Applicability--photographic solutions.
This proposed section describes which photographic solutions will be eligible for management as universal wastes.
Subchapter B. Small Quantity Handlers of Universal Waste
This subchapter is amended by adding standards and labeling/marking requirements applicable to the two new materials which are being proposed as Pennsylvania-specific materials to be eligible for management as universal wastes under this proposed rulemaking (oil-based finishes and photographic solutions). This proposed rulemaking deletes the management standards for mercury-containing devices.
Subchapter C. Large Quantity Handlers of Universal Waste
This subchapter is amended by adding standards and labeling/marking requirements applicable to the two new materials which are being proposed as Pennsylvania-specific materials to be eligible for management as universal wastes under this proposed rulemaking (oil-based finishes and photographic solutions). This proposed rulemaking deletes the management standards for mercury-containing devices.
Chapter 267a. Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit
This proposed chapter incorporates by reference 40 CFR Part 267 (relating to standards for owners and operators of hazardous waste facilities operating under a standardized permit) along with proposed Chapter 270a, Subchapter I (relating to procedures for standardized permit), that provides standards for hazardous waste facilities operating under a standardized permit that was published on September 8, 2005, as a final Federal regulation. The rule streamlines the hazardous waste permitting process for tanks, containers and containment buildings. It applies to onsite facilities and facilities controlled by the same company as the offsite generator. The standardized permit provision provides a streamlined process for generators of hazardous waste to obtain a permit to store wastes for more than 90 days. A standardized permit process is also available to companies that generate hazardous waste at various locations but want to establish a treatment facility at one generation location for hazardous wastes generated at all locations.
Chapter 269a. Siting
§ 269a.50. Environmental assessment considerations.
A proposed amendment replaces the Board as the jurisdictional designee of natural areas or wild areas with a more generic designee as a State or Federal agency. The legislation that established the Department of Conservation and Natural Resources (DCNR) and the Department as two separate agencies from the Department of Environmental Resources effectively changed the designee of these areas from the Board to the DCNR. The details for making these determinations are dealt with in guidance documents that assist applicants for siting hazardous waste facilities.
Chapter 270a. Hazardous Waste Permit Program
§ 270a.2. Definitions.
The proposed rulemaking adds the definition of ''standardized permit.''
§ 270a.6. References.
The proposed rulemaking corrects a typographical error in the citation to 40 CFR 270.6 (relating to references).
§ 270a.41. Procedures for modification, termination or revocation and reissuance of permits.
Changes were made to 40 CFR Part 124 (relating to procedures for decisionmaking), the general requirements for Federal permit issuance that affect hazardous waste permits. The Board's regulations do not incorporate 40 CFR Part 124 by reference; these changes are in the areas of 25 Pa. Code that are regulatory analogs to 40 CFR Part 124.
§ 270a.42. Permit modification at the request of the permittee.
The proposed rulemaking clarifies requirements and time frames for public notice for Class 3 modifications.
§ 270.51. Continuation of existing permits.
Changes were made to 40 CFR Part 124, the general requirements for Federal permit issuance that affect hazardous waste permits. Pennsylvania regulations do not incorporate 40 CFR Part 124 by reference; these changes are in the areas of 25 Pa. Code that are regulatory analogs to 40 CFR Part 124.
§ 270a.60. Permits-by-rule.
The proposed rulemaking deletes a defunct notification deadline and adds a clarifying provision establishing that thermal treatment activities are not eligible to operate under the generator treatment in accumulation containers, tanks and containment buildings permit-by-rule.
§ 270a.83. Preapplication public meeting and notice.
The proposed rulemaking deletes Class 2 permit modification as a ''significant change'' (suggested by the EPA during authorization update review).
Subchapter I. Procedures for RCRA standardized permit
§ 270a.201. Incorporation by reference, scope and applicability.
This proposed subchapter incorporates an analog to 40 CFR Part 124, Subpart G (relating to procedures for RCRA standardized permit). These permits are for generators who store waste for more than 90 days or treat hazardous waste in containers, tanks or containment buildings that do not qualify for generator treatment permit-by-rule. This permit is also available for accepting offsite waste from another generator that has the same owner. The standardized permit utilizes standard permit procedures simplifying the permit process. A standardized permit is not available for thermal treatment.
Note: New 40 CFR Part 270, Subchapter J (relating to RCRA standardized permits for storage and treatment units) is incorporated by reference.
F. Benefits, Costs and Compliance
Benefits
The proposed rulemaking will clarify some ambiguous provisions and eliminate redundant provisions and typographical errors. The proposed rulemaking includes new requirements that address the Secretary's directive to review and revise Department regulations to implement the goals in the Administration's priorities of increased environmental protection and improved human quality of life. The proposed rulemaking will also provide a basis to solicit formal comment from the EPA for changes required for approval of the regulations in an update application for state authorization of the hazardous waste program.
Compliance Cost
Most of the proposed amendments include clarifications and corrections that impose no new compliance costs. The proposed amendment to eliminate the Corporate Guarantee as an option to satisfy the closure/postclosure bond requirement will impose a cost on the 16 companies that utilize the Corporate Guarantee to satisfy the bond requirement at 23 facilities. The total amount of the closure/postclosure liability covered at those facilities is $44,449,600. Replacement using a surety, some form of collateral or an insurance policy is estimated to cost the companies from 1% to 5% of the liability amount. The 1% to 5% range is approximately $444,500 to $2,222,500. Some proposed requirements are intended to reduce compliance costs, such as the new universal wastes and the standardized permit. The implementation of the uniform manifest should provide cost saving to the regulated community.
Compliance Assistance Plan
As with previous hazardous waste management regulations, the Department's compliance assistance efforts will take three forms. Following promulgation as a final-form rulemaking, the Department will prepare a fact sheet specifically addressing certain changes made by this proposed rulemaking. The Department will also continue to work with the regulated community to explain impacts from the proposed rulemaking and necessary operational changes to remain in compliance. Information concerning these amendments and necessary technical guidance documents will also be available on the Department's website.
Paperwork Requirements
This proposed rulemaking will result in a net reduction of paperwork requirements by implementing the uniform manifest and reducing other manifest and universal waste reporting requirements. Other proposed amendments do not affect paperwork requirements.
G. Pollution Prevention
For this proposed rulemaking, the Department will not require additional pollution prevention efforts. The Department already provides pollution prevention educational material as part of its hazardous waste program. There is an existing requirement for hazardous waste generators to develop a source reduction strategy. The new universal wastes will help assure proper recycling or disposal that will facilitate pollution prevention by providing alternatives to inappropriate disposal of these wastes, preventing the hazardous constituents from polluting the air, land and water. The Department is actively involved with the EPA in the National Partnership for Environmental Priorities (NPEP) program. The NPEP program targets priority pollutants to reduce or eliminate them in products (which are frequently disposed at end of life) and wastes as the result of manufacturing products.
H. Sunset Review
The regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 22, 2007, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
J. Public Comments
Written comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by September 12, 2007. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by September 12, 2007. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic comments--Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by September 12, 2007. A subject heading of the proposal and a return name and address must be included in each transmission.
KATHLEEN A. MCGINTY,
ChairpersonFiscal Note: 7-409. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VII. HAZARDOUS WASTE MANAGEMENT
CHAPTER 260a. HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
Subchapter C. RULEMAKING PETITIONS § 260a.30. [Variances from classification as a solid waste] (Reserved).
[The coproduct transition scheme is as follows:
(1) Those materials previously regulated as coproducts prior to May 1, 1999, and that are not otherwise excluded as solid wastes, continue to be regulated as if excluded from classification as a solid waste until a variance from classification as a solid waste under 40 CFR 260.30 (relating to variances from classification as a solid waste) is acted upon by the Department. The request for a variance shall be filed by May 1, 2001.
(2) To qualify under paragraph (1), a person producing, selling, transferring, possessing or using a material as a coproduct not exempt from regulation under other provisions of this article shall submit by August 13, 1999, a written notification to the Department that the exemption in paragraph (1) applies to the person's activity.]
CHAPTER 261a. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subchapter A. GENERAL § 261a.8. Requirements for universal waste.
In addition to the requirements incorporated by reference, [mercury-containing devices] oil-based finishes and photographic solutions as defined in § 266b.3 (relating to definitions) are included as wastes subject to regulation under Chapter 266b (relating to universal waste management).
CHAPTER 262a. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
Subchapter A. GENERAL § 262a.10. Incorporation by reference, purpose, scope and applicability.
Except as expressly provided in this chapter, 40 CFR Part 262 and its appendices (relating to standards applicable to generators of hazardous waste) are incorporated by reference. In 40 CFR 262.10(g) (relating to purpose, scope and applicability), the term ''section 3008 of the act'' is replaced with ''Article VI of the Solid Waste Management Act (35 P. S. §§ 6018.601--6018.617).'' 40 CFR 262.10(j) and (k) (relating to purpose, scope, and applicability) and 262 Subpart J (relating to University Laboratories XL Project--Laboratory Environmental Management Standard) are not incorporated by reference.
§ 262a.12. EPA identification numbers.
[(a) Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 262.12 (relating to EPA identification numbers).
(b)] In addition to the requirements incorporated by reference:
(1) A generator shall submit a subsequent notification to the Department if:
* * * * * (v) The generator's [facility class] generator status changes, except when the [facility class] generator status change is temporary.
(vi) The name of the facility changes.
* * * * * (Editor's Note: As part of this proposed rulemaking, the Board is proposing to delete the text of §§ 262a.20--262a.23 and 262a.41, which appears in 25 Pa. Code pages 262a-3, 262a-4 and 262a-5, serial pages (294489) to (294491).)
Subchapter B. (Reserved) §§ 262a.20--262a.23. (Reserved).
Subchapter D. RECORDKEEPING AND REPORTING § 262a.41. (Reserved).
Subchapter I. SOURCE REDUCTION STRATEGY § 262a.100. Source reduction strategy.
* * * * * (f) A person or municipality that generates hazardous waste may reference existing documents it has prepared to meet other waste minimization requirements to comply with this section, including those proposed to comply with 40 CFR [261.41] 262.41(a)(5)--(7) (relating to biennial report).
CHAPTER 263a. TRANSPORTERS OF HAZARDOUS WASTE
Subchapter A. GENERAL § 263a.12. Transfer facility requirements.
In addition to the requirements incorporated by reference:
* * * * * [(3) A transporter delivering hazardous waste to another transporter at a transfer facility shall do the following:
(i) Obtain the printed or typed name and signature of the subsequent transporter and the date of the transfer in the designated location on the manifest.
(ii) If the subsequent transporter is not present at the transfer facility while the delivering transporter is at the transfer facility, obtain the location address of the transfer facility, the printed or typed name and signature of the transfer facility operator, and the date of delivery to the transfer facility, assuring the information is entered in Item 15 of the manifest.
(iii) If neither the subsequent transporter nor a representative of the transfer facility is present, enter the location address of the transfer facility, the subsequent transporter's printed or typed name and signature, and the date of delivery to the transfer facility in Item 15 of the manifest.
(iv) Assure all the information required by subparagraphs (i)--(iii) is legible on remaining copies of the manifest.]
§ 263a.13. Licensing.
(a) Except as otherwise provided in subsection (b), [§ 263a.30,] § 261a.5(c), § 266a.70(1) or § 266b.50 (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators; applicability and requirements; and applicability), a person or municipality may not transport hazardous waste within this Commonwealth without first obtaining a license from the Department.
* * * * *
Subchapter B. COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING § 263a.20. Manifest system.
[(a)] Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply in 40 CFR 263.20 (relating to manifest system), as incorporated by reference into this chapter.
[(b) In addition to the requirements incorporated by reference:
(1) A transporter shall print or type the transporter's name.
(2) The second and any subsequent highway transporter shall print or type their name, and sign and date the manifest or continuation sheet in the designated location.
(3) A transporter shall obtain the printed or typed name of the subsequent transporter or representative of the designated facility.]
(Editor's Note: As part of this proposed rulemaking, the Board is proposing to delete the text of §§ 263a.21, 263a.25 and 263a.26, which appears in 25 Pa. Code pages 263a-5, 263a-7 and 263a-8, serial pages (294501) and (294503) to (294504).)
§ 263a.21. (Reserved).
§ 263a.25. (Reserved).
§ 263a.26. (Reserved).
CHAPTER 264a. OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
Subchapter A. GENERAL § 264a.1. Incorporation by reference, purpose, scope and reference.
* * * * * (b) Relative to the requirements incorporated by reference:
(1) 40 CFR 264.1(f) (relating to purpose, scope and applicability), regarding state program authorization under 40 CFR Part 271 (relating to requirements for authorization of state hazardous waste programs) and Appendix VI to Part 264--(relating to political jurisdictions in which compliance with 40 CFR 264.18(a) [(relating to location standards must)] shall be demonstrated are not incorporated by reference.
* * * * *
Subchapter E. MANIFEST SYSTEM, RECORDKEEPING AND REPORTING (Editor's Note: As part of this proposed rulemaking, the Board is proposing to delete the text of §§ 264a.71, 264a.80 and 264a.81, which appears in 25 Pa. Code pages 264a-4, 264a-7 and 264a-8, serial pages (294510) and (294513) to (294514).)
§ 264a.71. (Reserved).
§ 264a.80. (Reserved).
§ 264a.81. (Reserved).
§ 264a.83. Administration fees during closure.
[(a) The owner or operator shall complete closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of wastes. The Department may approve a longer closure period if the owner or operator demonstrates that:
(1) The closure activities will, of necessity, take longer than 180 days to complete or the following:
(i) The facility has the capacity to receive additional wastes.
(ii) There is reasonable likelihood that a person other than the owner or operator will recommence operation of the site.
(iii) Closure of the facility would be incompatible with continued operation of the site.
(2) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but inactive facility. Under 40 CFR 264.112(d) (relating to closure plan; amendment of plan) and paragraph (1)(i), if operation of the site is recommenced, the Department may defer completion of closure activities until the new operation is terminated. The deferral shall be in writing.
(3) The demonstrations referred to in 40 CFR 264.112(d) and this section shall be made as follows:
(i) The demonstrations in 40 CFR 264.112(d) shall be made at least 30 days prior to the expiration of the 60-day period.
(ii) The demonstrations in this section shall be made at least 30 days prior to the expiration of the 180-day period.
(b)] A nonrefundable administration fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' shall be forwarded to the Department within 30 days after receiving the final volumes of waste, and on or before January 20th of each succeeding year until the requirements of § 264a.115 (relating to certification of closure) are met. The fee shall be:
* * * * *
Subchapter F. RELEASES FROM SOLID WASTE MANAGEMENT UNITS § 264a.101. [Corrective action for solid waste management units] (Reserved).
[In 40 CFR 264.101(b) (relating to corrective action for solid waste management units), the reference to Subpart S does not apply until 40 CFR Part 264, Subpart S is effective in this Commonwealth.]
Subchapter G. CLOSURE AND POSTCLOSURE § 264a.115. Certification of closure.
(a) The owner or operator shall satisfy § 264a.166 (relating to closure and postclosure certification) instead of the reference to 40 CFR 264.143(i) (relating to financial assurance for closure).
(b) The owner or operator shall complete closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of wastes. The Department may approve a longer closure period if the owner or operator demonstrates that:
(1) The closure activities will, of necessity, take longer than 180 days to complete or the following:
(i) The facility has the capacity to receive additional wastes.
(ii) There is reasonable likelihood that a person other than the owner or operator will recommence operation of the site.
(iii) Closure of the facility would be incompatible with continued operation of the site.
(2) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but inactive facility. Under 40 CFR 264.112(d) (relating to closure plan; amendment of plan) and paragraph (1)(i), if operation of the site is recommenced, the Department may defer completion of closure activities until the new operation is terminated. The deferral will be in writing.
(3) The demonstrations referred to in 40 CFR 264.112(d) and this section shall be made as follows:
(i) The demonstrations in 40 CFR 264.112(d) shall be made at least 30 days prior to the expiration of the 60-day period.
(ii) The demonstrations in this section shall be made at least 30 days prior to the expiration of the 180-day period.
Subchapter H. FINANCIAL REQUIREMENTS § 264a.143. Financial assurance for closure.
40 CFR 264.143 (relating to financial assurance for closure) is not incorporated by reference except for 40 CFR 264.143[(f)] (e) as referenced in § 264a.156 (relating to special terms and conditions for collateral bonds and bonds pledging [corporate guarantee for] closure insurance).
§ 264a.145. Financial assurance for postclosure care.
40 CFR 264.145 (relating to financial assurance for post-closure care) is not incorporated by reference; except for 40 CFR 264.145[(f)] (e) as referenced in § 264a.156 (relating to special terms and conditions for collateral bonds and bonds pledging [corporate guarantee for] closure insurance.
§ 264a.153. Requirement to file a bond.
* * * * * (b) The Department will not issue a new, revised, amended, modified or renewed permit for the storage, treatment or disposal of hazardous waste unless the applicant files with the Department a bond under this subchapter, payable to the Department, on a form prepared and provided by [or approved by] the Department, and the bond is approved by the Department.
* * * * * § 265a.154. Form, terms and conditions of bond.
(a) The Department accepts the following types of bond:
* * * * * (3) A bond pledging [a corporate guarantee] closure insurance.
* * * * * (b) The Department prescribes and furnishes the forms which shall be used for bond instruments.
* * * * * § 264a.156. Special terms and conditions for collateral bonds and bonds pledging [corporate guarantee for] closure insurance.
* * * * * (e) [Bonds pledging a corporate guarantee for closure shall be subject to the requirements of 40 CFR 264.143(f) (relating to financial test and corporate guarantee for closure) and 40 CFR 264.145(f) (relating to financial assurance for post-closure care). Instead of the provisions of 40 CFR 264.143(f)(10)(i) (relating to financial assurance for closure) and 40 CFR 264.145(f)(11)(i), the procedures of § 264a.168 (relating to bond forfeiture), apply to bond forfeiture.] Bonds pledging closure insurance shall be subject to the requirements of 40 CFR 264.143(e) (relating to financial assurance for closure).
§ 264a.157. Phased deposits of collateral.
(a) An owner or operator may post a collateral bond in phased deposits for a new 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:
* * * * * § 264a.168. Bond forfeiture.
* * * * * (b) If the Department determines that bond forfeiture is appropriate, the Department will do the following:
* * * * * (4) Deposit all money collected from defaulted bonds into the Solid Waste Abatement Fund. Use moneys received from the forfeiture of bonds, and interest accrued, first to accomplish final closure of, and to take steps necessary and proper to remedy and prevent adverse environmental effects from, the facility upon which liability was charged on the bonds. Excess moneys may be used for other purposes consistent with the Solid Waste Abatement Fund and the act.
* * * * *
Subchapter J. TANK SYSTEMS § 264a.195. [Inspections] (Reserved).
[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.]
CHAPTER 265a. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
Subchapter E. MANIFEST SYSTEM, RECORDKEEPING AND REPORTING (Editor's Note: As part of this proposed rulemaking, the Board is proposing to delete the text of §§ 265a.71, 265a.80 and 265a.81, which appears in 25 Pa. Code pages 265a-6, 265a-8 and 265a-9, serial pages (294524) and (254970) to (254971).)
§ 265a.71. (Reserved).
§ 265a.80. (Reserved).
§ 265a.81. (Reserved).
§ 265a.83. Administration fees during closure.
[(a) Within 90 days after receiving the final volume of hazardous waste, or 90 days after approval of the closure plan, whichever is later, the owner or operator shall treat, remove from the site or dispose of onsite all hazardous waste in accordance with the approved closure plan. The Department may approve in writing a longer period if the owner or operator demonstrates one of the following:
(1) The activities required to comply with this subsection will, of necessity, take longer than 90 days to complete, and the owner or operator will continue to take all measures necessary to ensure safety to human health and the environment.
(2) The facility has additional capacity under its permit, someone other than the present owner or operator will obtain a permit to recommence operation of the site, closure would be incompatible with continued operation of the site, and the owner or operator will continue to take all measures necessary to ensure safety to human health and the environment.
(b) The owner or operator shall complete closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of wastes or 180 days after approval of the closure plan, whichever is later. The Department may in writing approve a longer closure period if the owner or operator demonstrates the following:
(1) The closure activities will, of necessity, take him longer than 180 days to complete, and the owner or operator will continue to take measures necessary to ensure safety to human health and the environment.
(2) The facility has additional capacity under its permit, someone other than the owner or operator will obtain a permit to recommence operation of the site, closure would be incompatible with continued operation of the site and the owner or operator will continue to take all measures necessary to ensure safety to human health and the environment.
(c) The demonstrations referred to in subsections (a) and (b) shall be made as follows:
(1) The demonstrations in subsection (a) shall be made at least 30 days prior to the expiration of the 90-day period in subsection (b).
(2) The demonstrations in subsection (b) shall be made at least 30 days prior to the expiration of the 180-day period in subsection (b).
(d)] A nonrefundable administration fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' shall be forwarded to the Department within 30 days after receiving the final volumes of waste, and on or before January 20th of each succeeding year until the requirements of § 264a.115 (relating to certification of closure) are met. The fee shall be:
* * * * *
Subchapter G. CLOSURE AND POSTCLOSURE § 265a.115. Certification of closure.
(a) The owner or operator shall satisfy § 265a.166 (relating to closure and postclosure certification) instead of the reference to 40 CFR 265.143(h) (relating to final assurance for closure).
(b) Within 90 days after receiving the final volume of hazardous waste, or 90 days after approval of the closure plan, whichever is later, the owner or operator shall treat, remove from the site or dispose of onsite all hazardous waste in accordance with the approved closure plan. The Department may approve in writing a longer period if the owner or operator demonstrates one of the following:
(1) The activities required to comply with this subsection will, of necessity, take longer than 90 days to complete, and the owner or operator will continue to take all measures necessary to ensure safety to human health and the environment.
(2) The facility has additional capacity under its permit, someone other than the present owner or operator will obtain a permit to recommence operation of the site, closure would be incompatible with continued operation of the site, and the owner or operator will continue to take all measures necessary to ensure safety to human health and the environment.
(c) The owner or operator shall complete closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of wastes or 180 days after approval of the closure plan, whichever is later. The Department may in writing approve a longer closure period if the owner or operator demonstrates the following:
(1) The closure activities will, of necessity, take longer than 180 days to complete, and the owner or operator will continue to take measures necessary to ensure safety to human health and the environment.
(2) The facility has additional capacity under its permit, someone other than the owner or operator will obtain a permit to recommence operation of the site, closure would be incompatible with continued operation of the site and the owner or operator will continue to take all measures necessary to ensure safety to human health and the environment.
(d) The demonstrations referred to in subsections (b) and (c) shall be made as follows:
(1) The demonstrations in subsection (b) shall be made at least 30 days prior to the expiration of the 90-day period in subsection (c).
(2) The demonstrations in subsection (c) shall be made at least 30 days prior to the expiration of the 180-day period in subsection (b).
Subchapter H. FINANCIAL REQUIREMENTS § 265a.143. Financial assurance for closure.
40 CFR 265.143 (relating to financial assurance for closure) is not incorporated by reference except for 40 CFR 265.143[(e)] (d) as referenced in § 265a.156 (relating to special terms and conditions for collateral bonds and bonds pledging [corporate guarantee for] closure insurance.
§ 265a.145. Financial assurance for postclosure care.
40 CFR 265.145 (relating to financial assurance for post-closure care) is not incorporated by reference except for 40 CFR 265.145[(e)] (d) as referenced in § 265a.156 (relating to special terms and conditions for collateral bonds and bonds pledging [corporate guarantee for] closure insurance.
§ 265a.153. Requirement to file a bond.
* * * * * (b) The Department will not issue a new, revised, amended, modified or renewed permit for the storage, treatment or disposal of hazardous waste unless the applicant files with the Department a bond under this subchapter, payable to the Department, on a form prepared and provided by [or approved by] the Department, and the bond is approved by the Department.
* * * * * § 265a.154. Form, terms and conditions of bond.
* * * * * (b) The Department prescribes and furnishes the forms, which shall be used for bond instruments.
* * * * * § 265a.156. Special terms and conditions for collateral bonds and bonds pledging [corporate guarantee for] closure insurance.
* * * * * (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 bond forfeiture).] Bonds pledging closure insurance shall be subject to the requirements of 40 CFR 265.143 (d) (relating to financial assurance for closure).
§ 265a.157. [Phased deposits of collateral] (Reserved).
[(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.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.168. Bond forfeiture.
* * * * * (b) If the Department determines that bond forfeiture is appropriate, the Department will do the following:
* * * * * (4) [Deposit all money collected from defaulted bonds into the Solid Waste Abatement Fund.] Use moneys received from the forfeiture of bonds, and interest accrued, first to accomplish final closure of, and to take steps necessary and proper to remedy and prevent adverse environmental effects from the facility upon which liability was charged on the bonds. Excess moneys may be used for other purposes consistent with the Solid Waste Abatement Fund and the act.
* * * * *
Subchapter J. TANK SYSTEMS § 265a.195. [Inspections] (Reserved).
[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.]
CHAPTER 266a. MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
Subchapter F. RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY § 266a.70. Applicability and requirements.
In addition to the requirements incorporated by reference:
* * * * * (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)](5) (relating to permits by rule).
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