[37 Pa.B. 3249]
[Saturday, July 14, 2007]
[Continued from previous Web Page]
CHAPTER 266b. UNIVERSAL WASTE MANAGEMENT
Subchapter A. GENERAL § 266b.1. Incorporation by reference and scope.
(a) Except as expressly provided in this chapter, 40 CFR Part 273 (relating to standards for universal waste management) is incorporated by reference.
(b) [In addition to the requirements incorporated by reference in 40 CFR 273.1(a) (relating to scope), mercury-containing devices as defined in § 266b.3 (relating to definitions) are included as wastes subject to regulation under this chapter.
(c) In addition to the requirements incorporated by reference in 40 CFR 273.4 (relating to applicability--mercury thermostats), mercury-containing devices as defined in § 266b.3 are included as wastes subject to the standards specified for thermostats in this chapter.
(d) In addition to the requirements incorporated by reference in 40 CFR 273.6 (relating to definitions), mercury-containing devices as defined in § 266b.3 are included as wastes listed in the definition of ''universal waste.'']
In addition to the requirements incorporated by reference in 40 CFR 273.1 (relating to scope), oil-based finishes as defined in § 266b.3 (relating to definitions) are included as waste listed in the definition of ''universal waste.''
(c) In addition to the requirements incorporated by reference in 40 CFR 273.1, photographic solutions as defined in § 266b.3 are included as waste listed in the definition of ''universal waste.''
§ 266b.2. [Applicability--mercury-containing devices] (Reserved).
[(a) In addition to the requirements incorporated by reference in 40 CFR Part 273 (relating to standards for universal waste management), this chapter applies to persons managing mercury-containing devices as defined in § 266b.3 (relating to definitions), except those listed in subsection (b).
(b) This section does not apply to persons managing the following mercury-containing devices:
(1) Mercury-containing devices that are not yet wastes under Chapter 261a (relating to identification and listing of hazardous waste). Subsections (c) and (d) describe when mercury-containing devices become wastes.
(2) Mercury-containing devices that are not hazardous waste. A mercury-containing device is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste).
(c) A used mercury-containing device becomes a waste on the date it is discarded or sent for reclamation.
(d) An unused mercury-containing device becomes a waste on the date the handler discards it.]
§ 266b.3. Definitions.
In addition to the definitions incorporated by reference in 40 CFR [273.6] 273.9 (relating to definitions), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
[Mercury-containing device--A product or component of a product (excluding batteries) which contains elemental mercury that is necessary for operation of the device.]
Oil-based finishes--
(i) Any paint or other finish that may exhibit, or is known to exhibit, a hazardous waste characteristic, or which contains a listed hazardous waste, and is in original packaging, or otherwise appropriately contained and clearly labeled.
(ii) Examples of oil-based finishes include, but are not limited to, oil-based paints, lacquers, stains and aerosol paint cans.
Photographic solutions--Silver-bearing waste streams resulting from photographic processing solutions or rinse water.
§ 266b.4. Applicability--oil-based finishes.
(a) In addition to the requirements incorporated by reference in 40 CFR Part 273 (relating to standards for universal waste management), this chapter applies to persons managing oil-based finishes as defined in § 266b.3 (relating to definitions), except those listed in subsection (b).
(b) This section does not apply to persons managing the following oil-based finishes:
(1) Oil-based finishes that are not yet wastes under Chapter 261a (relating to identification and listing of hazardous waste). Subsections (c) and (d) describe when oil-based finishes become wastes.
(2) Oil-based finishes that are not hazardous waste. An oil-based finish is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste).
(c) Used oil-based finishes become a waste on the date they are discarded or sent for reclamation.
(d) Unused oil-based finishes become a waste on the date the handler discards them.
§ 266b.5. Applicability--photographic solutions.
(a) In addition to the requirements incorporated by reference in 40 CFR Part 273 (relating to standards for universal waste management), this chapter applies to persons managing photographic solutions as defined in § 266b.3 (relating to definitions), except those listed in subsection (b).
(b) This section does not apply to persons managing the following photographic solutions:
(1) Photographic solutions that are not yet wastes under Chapter 261a (relating to identification and listing of hazardous waste). Subsections (c) and (d) describe when photographic solutions become wastes.
(2) Photographic solutions that are not hazardous waste. A photographic solution is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste).
(c) Used photographic solutions become a waste on the date they are discarded or sent for reclamation.
(d) Unused photographic solutions become a waste on the date the handler discards it.
Subchapter B. SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE § 266b.11. Waste management for universal waste [mercury-containing devices] oil-based finishes.
[In addition to the requirements incorporated by reference in 40 CFR 273.13 (relating to waste management), the following apply:
(1) A small quantity handler of universal waste shall contain any universal waste mercury-containing device that shows evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the mercury-containing device and lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing devices if the handler:
(i) Removes the ampules in a manner designed to prevent breakage of the ampules.
(ii) Removes ampules only over or in a containment device (for example, a tray or pan sufficient to collect and contain mercury released from an ampule in case of breakage).
(iii) Ensures that a mercury clean-up system is readily available to immediately transfer mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of 40 CFR 262.34 (relating to accumulation time).
(iv) Immediately transfers mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of 40 CFR 262.34.
(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable occupational safety and health administration exposure levels for mercury found in 29 CFR Part 1910, Subpart Z (relating to toxic and hazardous substances).
(vi) Ensures that employes removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers.
(vii) Stores removed ampules in closed, nonleaking containers that are in good condition.
(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling and transportation.
(3) A small quantity handler of universal waste who removes mercury-containing ampules from mercury-containing devices shall determine whether the following exhibit a characteristic of hazardous waste identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste):
(i) Mercury or clean-up residues resulting from spills or leaks.
(ii) Other solid waste generated as a result of the removal of mercury-containing ampules (for example, remaining mercury device units).
(4) If the mercury, residue or other solid waste exhibits a characteristic of hazardous waste, it shall be managed in compliance with applicable requirements of Chapters 261a--265a. The handler is considered the generator of the mercury, residues or other waste and is subject to Chapter 262a (relating to standards applicable to generators of hazardous waste).
(5) If the mercury, residue or other solid waste is not hazardous, the handler shall manage the waste in compliance with the applicable municipal or residual waste regulations found in Articles VIII and IX (relating to municipal waste management; and residual waste management).]
A small quantity handler of universal waste oil-based finishes shall manage oil-based finishes, in their original or otherwise appropriate and labeled packaging, in a way that prevents releases of universal waste or a component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste oil-based finishes shall contain oil-based finishes that show evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the oil-based finish and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste may not process oil-based finishes (including opening, blending, filtering, and the like).
§ 266b.12. [Labeling/marking] Waste management for universal waste photographic solutions.
[In addition to the requirements incorporated by reference in 40 CFR 273.14 (relating to labeling/marking), a small quantity handler of universal waste shall label each mercury-containing device, or a container in which the device is contained, with one of the following phrases: ''universal waste mercury-containing device(s),'' or ''waste mercury-containing device(s)'' or ''used mercury-containing device(s).'']
A small quantity handler of universal waste photographic solutions shall manage waste photographic solutions, in their original or otherwise appropriate and labeled packaging, in a way that prevents releases of universal waste or a component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste photographic solutions shall manage the photographic solutions in a lidded container. The container must be closed, structurally sound, compatible with the photographic solutions, and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste may not process photographic solutions (for example, including, but not limited to, opening, blending, filtering, and the like.).
§ 266b.29. Labeling/marking.
In addition to the requirements incorporated by reference in 40 CFR 273.14 (relating to labeling/marking), a small quantity handler of universal waste shall label:
(1) Each container of universal waste oil-based finish, or the container in which universal waste oil-based finishes are contained, with ''universal waste oil-based finish'' or ''waste oil-based finish.''
(2) Each container of universal waste photographic solutions, or the container in which universal waste photographic solutions are contained, with ''universal waste photographic solutions'' or ''waste photographic solutions.''
Subchapter C. LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE § 266b.31. Waste management for universal waste [mercury-containing devices] oil-based finishes.
[In addition to the requirements incorporated by reference at 40 CFR 273.33 (relating to waste management), the following apply:
(1) A large quantity handler of universal waste shall contain any universal waste mercury-containing device that shows evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the mercury-containing device and lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing devices if the handler:
(i) Removes the ampules in a manner designed to prevent breakage of the ampules.
(ii) Removes ampules only over or in a containment device (for example, a tray or pan sufficient to collect and contain mercury released from an ampule in case of breakage).
(iii) Ensures that a mercury clean-up system is readily available to immediately transfer mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of 40 CFR 262.34 (relating to accumulation time).
(iv) Immediately transfers mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of 40 CFR 262.34.
(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable occupational safety and health administration exposure levels for mercury found in 29 CFR Part 1910, Subpart Z (relating to toxic and hazardous substances).
(vi) Ensures that employes removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers.
(vii) Stores removed ampules in closed, nonleaking containers that are in good condition.
(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling and transportation.
(3) A large quantity handler of universal waste who removes mercury-containing ampules from mercury-containing devices shall determine whether the following exhibit a characteristic of hazardous waste identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste):
(i) Mercury or clean-up residues resulting from spills or leaks.
(ii) Other solid waste generated as a result of the removal of mercury-containing ampules (for example, remaining mercury device units).
(4) If the mercury, residue or other solid waste, exhibits a characteristic of hazardous waste, it shall be managed in compliance with applicable requirements of Chapters 261a--265a and Chapter 266a, Subchapters C and F--H. The handler is considered the generator of the mercury, residue or other waste and is subject to Chapter 262a (relating to standards applicable to generators of hazardous waste).
(5) If the mercury, residues or other solid waste is not hazardous, the handler shall manage the waste in compliance with the applicable municipal or residual waste regulations found in Articles VIII and IX (relating to municipal waste management; and residual waste management).]
A large quantity handler of universal waste oil-based finishes shall manage oil-based finishes, in their original or otherwise appropriate and labeled packaging, in a way that prevents releases of universal waste or a component of a universal waste to the environment, as follows:
(1) A large quantity handler of universal waste oil-based finishes shall contain oil-based finishes that show evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the oil-based finish, and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste may not process oil-based finishes (for example including, but not limited to, opening, blending, filtering, and the like).
§ 266b.32. [Labeling/marking] Waste management for universal waste photographic solutions.
[In addition to the requirements incorporated by reference in 40 CFR 273.34 (relating to labeling/marking), a large quantity handler of universal waste shall label each mercury-containing device, or a container in which the device is contained, with one of the following phrases: ''universal waste mercury-containing device(s),'' or ''waste mercury-containing device(s)'' or ''used mercury-containing device(s).'']
A large quantity handler of universal waste photographic solutions shall manage waste photographic solutions, in their original or otherwise appropriate and labeled packaging, in a way that prevents releases of universal waste or a component of a universal waste to the environment, as follows:
(1) A large quantity handler of universal waste photographic solutions shall manage the photographic solutions in a lidded container. The container must be closed, structurally sound, compatible with the photographic solutions, and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste may not process photographic solutions (for example including, but not limited to, opening, blending, filtering, and the like).
§ 266b.39. Labeling/marking.
In addition to the requirements incorporated by reference in 40 CFR 273.34 (relating to labeling/marking), a large quantity handler of universal waste shall label:
(1) Each container of universal waste oil-based finish, or the container in which universal waste oil-based finishes are contained, with ''universal waste oil-based finish'' or ''waste oil-based finish.''
(2) Each container of universal waste photographic solutions, or the container in which universal waste photographic solutions are contained, with ''universal waste photographic solutions'' or ''waste photographic solutions.''
(Editor's Note: The following chapter is new. It has been printed in regular type to enhance readability.)
CHAPTER 267a. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT
Subchap. A. GENERAL E. MANIFEST SYSTEM, RECORDKEEPING, REPORTING, AND NOTIFYING H. FINANCIAL REQUIREMENTS
Subchapter A. GENERAL Sec.
267a.1. Incorporation by reference, purpose, scope and applicability. § 267a.1. Incorporation by reference, purpose, scope and applicability.
40 CFR Part 267 (relating to standards for owners and operators of hazardous waste facilities operating under a standardized permit) is incorporated by reference.
Subchapter E. MANIFEST SYSTEM, RECORDKEEPING, REPORTING, AND NOTIFYING Sec.
267a.71. Use of the manifest system. 267a.75. Reporting requirements. § 267a.71. Use of the manifest system.
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 to the incorporation by reference of 40 CFR 267.71(d) (relating to use of the manifest system).
§ 267a.75. Reporting requirements.
Relative to the requirements incorporated by reference, the owner or operator shall submit to the Department its biennial report on EPA Form 8700-13B.
Subchapter H. FINANCIAL REQUIREMENTS Sec.
267a.143. Financial assurance for closure. 267a.148. Incapacity of owners or operators, guarantors, or financial institutions. 267a.150. State assumption of responsibility. 267a.151. Wording of the instruments. § 267a.143. Financial assurance for closure.
40 CFR 267.143(f) and (g) (relating to financial assurance for closure) are not incorporated by reference. Additionally, all references to those subsections or use of the financial test or the guarantee are not incorporated by reference.
§ 267a.148. Incapacity of owners or operators, guarantors, or financial institutions.
Regarding the requirements incorporated by reference, the reference to 40 CFR 267.143(g) (relating to financial assurance for closure) in 40 CFR 267.148(a) (relating to incapacity of owners or operators, guarantors, or financial institutions) is not incorporated by reference.
§ 267a.150. State assumption of responsibility.
40 CFR 267.150 (relating to state assumption of responsibility) is not incorporated by reference.
§ 267a.151. Wording of the instruments.
40 CFR 267.151(a) (relating to wording of the instruments) is not incorporated by reference.
CHAPTER 269a. SITING
Subchapter A. SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES
PHASE II CRITERIA § 269a.50. Environmental assessment considerations.
* * * * * (b) If the Department determines that there is a significant impact on natural, scenic, historic or aesthetic values of the environment, the Department will consult with the applicant to examine ways to reduce the environmental incursion to a minimum. If, after consideration of mitigation measures, the Department finds that significant environmental harm will occur, the Department will evaluate the social and economic benefits of the proposed facility to determine whether the harm outweighs the benefits. The evaluation of environmental harm shall include, at a minimum, a consideration of the impact of the proposed facility on the 15 types of environmental resources described in this subsection. There may be additional potentially affected natural, scenic, historic or aesthetic values which the Department is constitutionally obligated to protect that will be considered for proposed facilities in some locations. In those instances, the Department will identify additional potential impacts for the applicant. The following criteria may not be construed as an attempt to limit or restrict the responsibilities of a Commonwealth agency under PA. CONST. ART. I, § 27.
* * * * * (5) If the facility is located within 1 mile of a National Natural Landmark designated by the United States National Park Service; or a natural area or wild area designated by [the EQB] a State or Federal agency, the applicant shall provide information and analyses to allow the Department to assess the extent to which the proposed facility may create adverse environmental, visual or traffic impacts on the National Landmark, natural area or wild area.
* * * * *
CHAPTER 270a. HAZARDOUS WASTE PERMIT PROGRAM
Subchapter A. GENERAL INFORMATION § 270a.2. Definitions.
(a) The definitions for ''disposal,'' ''person,'' ''standardized permit'' and ''storage'' are not incorporated by reference.
* * * * * (c) The term ''standardized permit'' means a permit issued under Subchapter I (relating to procedures for standardized permit) and 40 CFR Part 270, Subpart J (relating to RCRA standardized permits for storage and treatment units) authorizing the facility owner or operator to manage hazardous waste. The standardized permit may have two parts: A uniform portion issued in all cases and a supplemental portion issued at the Department's discretion.
§ 270a.6. References.
Regarding the requirements incorporated by reference, the term ''Federal Register'' retains its meaning and is not replaced by the term ''Pennsylvania Bulletin'' when used in 40 CFR [270a.6] 270.6 (relating to references).
Subchapter D. CHANGES TO PERMITS § 270a.41. Procedures for modification, termination or revocation and reissuance of permits.
Instead of the procedures required in 40 CFR Part 124 (relating to procedures for decisionmaking), permits are modified, terminated or revoked and reissued in accordance with the following:
* * * * * (3) If the Department tentatively decides to modify, terminate or revoke and reissue a permit, in accordance with the incorporated provisions of 40 CFR 270.41, 270.42(c) or 270.43, the Department prepares a draft permit under § 270a.10(c) (7)--(10) (relating to general application requirements) incorporating the proposed changes. The Department may request additional information from the permittee and may require the permittee to submit an updated permit application. In the case of revoked and reissued permits, other than under 40 CFR 270.41(b)(3), the Department requires the submission of a new application. In the case of revoked and reissued permits under 40 CFR 270.41(b)(3), the permittee shall comply with the appropriate requirements in Subchapter I (relating to procedures for standardized permit). The permittee shall submit additional information or an updated or new application under a request by the Department within the time specified by the Department.
* * * * * § 270a.42. Permit modification at the request of the permittee.
* * * * * (c) Applicants seeking a Class 3 permit modification shall also comply with § 270a.83 (relating to preapplication public meeting and notice). Instead of the public notice and public meeting time frames contained in the introductory paragraph of 40 CFR 270.42(c)(2) and (4) (relating to permit modification at the request of the permittee), applicants seeking a Class 3 permit modification shall comply with the time frames under § 270a.83(b) and (d).
Subchapter E. EXPIRATION AND CONTINUATION OF PERMITS § 270a.51. Continuation of existing permits.
* * * * * (e) The conditions of an expired standardized permit continue in force until the effective date of a new permit if the following conditions are met:
(1) The permittee has submitted a timely and complete Notice of Intent under 40 CFR 124.202(b) (relating to how do I as a facility owner or operator apply for a standardized permit?) requesting coverage under a RCRA standardized permit.
(2) The Department, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).
(f) When the Department notifies a permittee that the permittee is not eligible for a standardized permit (see 40 CFR 124.206 (relating to in what situations may I require a facility owner or operator to apply for an individual permit?)), the conditions of the expired permit will continue if the permittee submits a timely and complete application for a new permit within 60 days after the notification.
Subchapter F. SPECIAL FORMS OF PERMITS § 270a.60. Permits-by-rule.
(a) Relative to the requirements incorporated by reference, the following are substituted for the introductory paragraph in 40 CFR 270.60 (relating to permits by rule):
(1) In addition to other provisions of this chapter, the activities listed in this section are deemed to have a hazardous waste management permit if the owner or operator gives prior notification to the Department on a form provided by the Department and the conditions listed are met. [Existing permit-by-rule facilities shall comply with the notification requirements by December 8, 2003.]
* * * * * (b) In addition to the requirements incorporated by reference, the following requirements apply:
* * * * * (2) A generator that treats its own hazardous waste in containers, tanks or containment buildings is deemed to have a permit-by-rule, if the owner or operator complies with the following requirements:
* * * * * (vi) Treatment activities involving thermal treatment are not eligible to operate under this permit-by-rule.
* * * * *
Subchapter H. PUBLIC NOTICE AND HEARINGS § 270a.83. Preapplication public meeting and notice.
(a) Applicability.
* * * * * (3) For the purposes of this section, a ''significant change'' is a change that would qualify as a [Class 2 or] Class 3 permit modification under 40 CFR 270.42 (relating to permit modification at the request of the permittee) and § 270a.42 (relating to permit modification at the request of the permittee).
(4) This section also applies to hazardous waste management facilities for which facility owners or operators are seeking coverage under a RCRA standardized permit (see 40 CFR Part 270, Subpart J (relating to RCRA standardized permits for storage and treatment units)), including renewal of a standardized permit for the units, when the renewal is proposing a significant change in facility operations, as defined at 40 CFR 124.211(c) (relating to what types of changes may I make to my standardized permit?).
(5) This section does not apply to Class 1 or Class 2 permit modifications under 40 CFR 270.42 and § 270a.42 or to applications that are submitted for the sole purpose of conducting postclosure activities or postclosure activities and corrective action at a facility.
(b) Prior to the submission of a Part B RCRA permit application for a facility, or to the submission of a written Notice of Intent to be covered by a RCRA standardized permit (see 40 CFR Part 270, Subpart J), the applicant shall hold at least one meeting with the public to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
(c) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under subsection (b), and copies of any written comments or materials submitted at the meeting, to the Department as a part of the Part B application, under 40 CFR 270.14(b) (relating to contents of Part B: general requirements), or with the written Notice of Intent to be covered by a RCRA standardized permit (see 40 CFR Part 270, Subpart J).
* * * * * (Editor's Note: The following subchapter is new. It has been printed in regular type to enhance readability.)
Subchapter I. PROCEDURES FOR STANDARDIZED PERMIT Sec.
270a.201. Incorporation by reference, scope and applicability. 270a.202. Applying for a standardized permit. 270a.203. Switching from an individual RCRA permit to a standardized permit. 270a.204. Procedures for preparing a draft standardized permit. 270a.205. Procedures for preparing a final standardized permit. 270a.206. Requirement to apply for an individual permit. 270a.207. Requirements for standardized permit public notices. 270a.208. Opportunities for public comments and hearings on draft standardized permit decisions. 270a.209. Response to comments. 270a.210. Procedures to appeal a final standardized permit. 270a.212. Making routine changes. 270a.214. Making significant changes. § 270a.201. Incorporation by reference, scope and applicability.
(a) Except as expressly provided in this subchapter, 40 CFR Part 124, Subpart G (relating to procedures for RCRA standardized permit) is incorporated by reference.
(b) The reference to § 124.2 in the introductory paragraph to 40 CFR 124.200 (relating to what is a RCRA standardized permit?) is replaced with § 270a.2(c) (relating to definitions).
§ 270a.202. Applying for a standardized permit.
Relative to the requirements incorporated by reference, the reference to 40 CFR 124.31 (relating to pre-application public meeting and notice) is replaced with § 270a.83 (relating to preapplication public meeting and notice).
§ 270a.203. Switching from an individual RCRA permit to a standardized permit.
Relative to the requirements incorporated by reference, the reference to 40 CFR 124.5 (relating to modification, revocation and reissuance, or termination of permits) is replaced with § 270a.41 (relating to procedures for modification, termination or revocation and reissuance of permits), and the reference to 40 CFR 124.204 (relating to what must I do as the Director of the regulatory agency to prepare a draft standardized permit?) is replaced with § 270a.204 (relating to procedures for preparing a draft standardized permit).
§ 270a.204. Procedures for preparing a draft standardized permit.
40 CFR 124.204 (relating to what must I do as the director of the regulatory agency to prepare a draft standardized permit?) is not incorporated by reference. Draft standardized permits are prepared in accordance with the following:
(1) The Department will review the Notice of Intent and supporting information submitted by the facility owner or operator.
(2) The Department will determine whether the facility is or is not eligible to operate under the standardized permit.
(i) If the facility is eligible for the standardized permit, the Department may propose terms to include in a supplemental portion. If the Department determines that these terms and conditions are necessary to protect human health and the environment and cannot be imposed, coverage under the standardized permit will be denied.
(ii) If the facility is not eligible for the standardized permit, the Department will tentatively deny coverage under the standardized permit. Cause for ineligibility may include the following:
(A) Failure of the owner or operator to submit all the information required under 40 CFR 270.275 (relating to what information must I submit to the permitting agency to support my standardized permit application?).
(B) Information submitted that is required under 40 CFR 270.275 is determined to be inadequate.
(C) The facility does not meet the eligibility requirements (activities are outside the scope of the standardized permit).
(D) A demonstrated history of significant noncompliance with applicable requirements.
(E) Permit conditions cannot ensure protection of human health and the environment.
(3) The Department will prepare a draft permit decision within 120 days after receiving the Notice of Intent and supporting documents from a facility owner or operator. The tentative determination under this section to deny or grant coverage under the standardized permit, including any proposed site-specific conditions in a supplemental portion, constitutes a draft permit decision. The Department may notify the permit applicant and take up to an additional 30 days to prepare a draft permit decision if determined necessary to complete review of documents submitted with the Notice of Intent.
(4) The Department's draft permit decision will be accompanied by a statement of basis or fact sheet as provided for in § 270a.10(c)(10)--(12) (relating to general application requirements and permit issuance procedures).
§ 270a.205. Procedures for preparing a final standardized permit.
40 CFR 124.205 (relating to what must I do as the director of the regulatory agency to prepare a final standardized permit?) is not incorporated by reference. Final standardized permits are prepared in accordance with the following: The Department will consider all comments received during the public comment period under § 270a.208 (relating to opportunities for public comments and hearings on draft standardized permit decisions) in making a final permit decision.
§ 270a.206. Requirement to apply for an individual permit.
40 CFR 124.206 (relating to in what situations may I require a facility owner or operator to apply for an individual permit?) is not incorporated by reference.
(1) The Department may determine that a facility is not eligible for the standardized permit based on the following:
(i) The facility does not meet the criteria in 40 CFR 124.201 (relating to who is eligible for a standardized permit?).
(ii) The facility has a demonstrated history of significant noncompliance with regulations or permit conditions.
(iii) The facility has a demonstrated history of submitting incomplete or deficient permit application information.
(iv) The facility has submitted incomplete or inadequate materials with the Notice of Intent.
(2) If the Department determines that a facility is not eligible for the standardized permit, the Department will inform the facility owner or operator that it shall apply for an individual permit.
(3) The Department may require a facility that has a standardized permit to apply for and obtain an individual permit. An interested person may petition the Department to take action under this paragraph. Cases when the Department may require an individual permit include the following:
(i) The facility is not in compliance with the terms and conditions of the standardized permit.
(ii) Circumstances have changed since the time the facility owner or operator applied for the standardized permit, so that the facility's hazardous waste management practices are no longer appropriately controlled under the standardized permit.
(4) If the Department requires a facility authorized by a standardized permit to apply for an individual permit, the Department will notify the facility owner or operator in writing that an individual permit application is required. The Department will include in this notice a brief statement of the reasons for the decision, a statement setting a deadline for the owner or operator to file the application, and a statement that, on the effective date of the individual permit, the facility's standardized permit automatically terminates. The Department may grant additional time to file an application for an individual permit upon request from the facility owner or operator.
(5) When the Department issues an individual permit to an owner or operator otherwise subject to a standardized permit, the standardized permit for the facility will automatically cease to apply on the effective date of the individual permit.
§ 270a.207. Requirements for standardized permit public notices.
40 CFR 124.207 (relating to what are the requirements for public notices?) is not incorporated by reference.
(1) The Department will provide public notice of a draft standardized permit decision and an opportunity for the public to submit comments and request a hearing on the decision. The Department will provide the public notice to:
(i) The applicant.
(ii) Another agency that the Department knows has issued or is required to issue a RCRA, underground injection control, prevention of significant deterioration (or other permit under the Clean Air Act), NPDES, 404, sludge management permit, or ocean dumping permit under the Marine Protection, Research, and Sanctuaries Act of 1972, the act of October 23, 1972 (Pub. L. No. 92-532, 86 Stat. 52) for the same facility or activity, including the EPA.
(iii) Federal or State agencies with jurisdiction over fish, shellfish and wildlife resources or coastal zone management plans, the Advisory Council on Historic Preservation, State historic preservation officers, and other appropriate government authorities, including any affected states.
(iv) Each person on a mailing list developed by the Department, which includes a person who submits to the Department a request in writing to be included on the list, a person solicited for area lists from participants in past permit proceedings in that area, and a member of the public notified of the opportunity to be put on the mailing list through periodic publication in the public press and in regional and State-funded newsletters, environmental bulletins or State law journals. The Department may update the mailing list periodically by requesting written indication of continued interest from those listed. The Department may delete from the list the name of a person who fails to respond to the request.
(v) Units of local government having jurisdiction over the area where the facility is located or proposed to be located.
(vi) State agencies having authority under State statute with respect to the construction or operation of the facility.
(2) The Department will issue the public notice according to the following methods:
(i) Publication of a notice in the Pennsylvania Bulletin and in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.
(ii) In a manner constituting legal notice to the public under State statute.
(iii) Other methods reasonably calculated to give actual notice of the action in question to a person potentially affected by it, including press releases or any other forum or medium to elicit public participation.
(3) The Department will include the following information in the public notice:
(i) The name and telephone number of the contact person at the facility.
(ii) The name and telephone number of the Department office, and a mailing address to which people may direct comments, information, opinions or inquiries.
(iii) An address to which people may write to be put on the facility mailing list.
(iv) The location where people may view and make copies of the draft standardized permit and the Notice of Intent and supporting documents.
(v) A brief description of the facility and proposed operations, including the address or a map of the facility location on the front page of the notice.
(vi) The date that the facility owner or operator submitted the Notice of Intent and supporting documents.
(4) At the same time the public notice under this section is issued, the Department will place the draft standardized permit (including both the uniform portion and the supplemental portion, if any), the Notice of Intent and supporting documents, and the statement of basis or fact sheet in a location accessible to the public in the vicinity of the facility or at a Department office in the vicinity of the facility.
§ 270a.208. Opportunities for public comments and hearings on draft standardized permit decisions.
40 CFR 124.208 (relating to what are the opportunities for public comments and hearings on draft permit decisions?) is not incorporated by reference.
(1) The public notice that the Department issues under § 270a.207 (related to requirements for standardized permit public notices) will allow at least a 45-day public comment period for people to submit written comments on the draft standardized permit decision. The public comment period will automatically be extended to the close of a public hearing under this section. The hearing officer may also extend the public comment period by so stating at the hearing.
(2) During the public comment period, any interested person may submit written comments on the draft standardized permit and may request a public hearing. Requests for public hearings must be submitted in writing to the Department and state the nature of the issues proposed to be raised during the hearing.
(3) The Department will hold a public hearing if a written notice of opposition to a standardized permit and a request for a hearing is received within the public comment period under paragraph (1). The Department may also hold a public hearing at its discretion, whenever, for instance, a hearing may clarify one or more issues involved in the standardized permit decision.
(4) Whenever possible, the Department will schedule a hearing under this section at a location convenient to the nearest population center to the facility. The Department will give public notice of the hearing at least 30 days before the date of the hearing.
(5) The Department will give public notice of the hearing according to the methods in § 270a.207(a) and (b). A person may submit oral or written statements and data concerning the draft standardized permit before, during or after the public hearing, as long as the Department receives the statements and data during the public comment period. The Department may set reasonable time limits upon the time allowed for oral statements and may require the submission of statements in writing. The Department will make a tape recording or written transcript of the hearing available to the public.
(6) Comments submitted in accordance with this section on the draft standardized permit decision may include the facility's eligibility for the standardized permit, the proposed supplemental conditions, if any, and the need for additional supplemental conditions.
§ 270a.209. Response to comments.
40 CFR 124.209 (relating to what are the requirements for responding to comments?) is not incorporated by reference.
(1) At the time the Department issues a final standardized permit, it will also respond to comments received during the public comment period on the draft standardized permit. The Department's responses will:
(i) Specify which additional conditions, if any, were changed in the final permit and the reasons for the change.
(ii) Briefly describe and respond to all significant comments on the facility's ability to meet the terms and conditions of the standardized permit, and on any additional conditions necessary to protect human health and the environment.
(2) The Department may request additional information from the facility owner or operator or inspect the facility if it determines that additional information is necessary to adequately respond to significant comments or to make decisions regarding the terms and conditions of the standardized permit.
(3) The Department will make its response to public comments available to the public.
§ 270a.210. Procedures to appeal a final standardized permit.
40 CFR 124.210 (relating to may I, as an interested party in the permit process, appeal a final standardized permit?) is not incorporated by reference. The final standardized permit will contain information regarding the procedures to follow to appeal the Department's final permit decision, including the decision that the facility is eligible for the standardized permit. The terms and conditions of the uniform portion of the standardized permit are not subject to appeal.
§ 270a.212. Making routine changes.
Regarding the requirements incorporated by reference, the reference to 40 CFR 124.10(c)(1)(ix) and (x) (relating to public notice of permit actions and public comment period) is replaced with § 270a.207(a) (relating to requirements for standardized permit public notices).
§ 270a.214. Making significant changes.
Regarding the requirements incorporated by reference, the reference to 40 CFR 124.31(d) (relating to pre-application public meeting and notice) is replaced with § 270a.83(d) (relating to preapplication public meeting and notice).
[Pa.B. Doc. No. 07-1235. Filed for public inspection July 13, 2007, 9:00 a.m.]
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