[27 Pa.B. 6407]
[Continued from previous Web Page] 25 Pa. Code § 264a.251 and 40 CFR 264.251 Waste Piles: Design and Operating Requirements
The Board is proposing to incorporate by reference 40 CFR 264.251, the Federal regulation regarding design and operating requirements of waste piles. In addition, The Board proposes to relocate the existing Commonwealth provision that requires operators to design waste pile liner systems with 20 inches between the top of the subbase and the seasonal high groundwater table. This provision is currently found in § 264.252(d); the Board is proposing to relocate it to § 264a.251. The Department believes that this additional State requirement will ensure the stability of the liner system and prevent the infiltration of groundwater into the hazardous waste. The protection of groundwater from a leaking liner system is a compelling State interest. Generally, the difference between the proposed regulation and the existing regulation is that the proposed regulation is less prescriptive than the existing regulation. Specific significant differences between the current State regulation and the proposed State regulation are:
1) The current regulation exempts from groundwater monitoring requirements waste piles from which the waste is periodically removed and for which the liner is inspected for cracks. The proposed regulation does not contain this exemption.
2) The proposed regulation allows the depth of leachate over a liner to reach a maximum of 1 foot while the current regulation does not permit any standing liquid over the liner.
3) The proposed regulation requires a composite bottom liner for each new waste pile. The current regulation does not require a composite bottom liner for any waste piles.
4) The proposed regulation allows for alternative design and operating practices, if the alternative design and operating practices prevent migration of waste into the groundwater and detect leaks through the liner at least as effectively as the design requirements contained in the regulations. The current regulation does not provide any flexibility in design and operating practices.
5) The proposed regulation requires that operators design run-on control measures, such as berms and dikes for a 25 year storm. The current regulation requires operators to design run-on control measures for a 100 year storm.
6) The proposed regulation requires that the Department specify in the permit all design and operating practices. The current regulation does not require this.
7) The current regulation sets forth specific conveyance, storage and treatment requirements for leachate. The proposed regulation does not provide prescriptive requirements. The proposed regulation addresses leachate detection and collection while leaving the specific storage and treatment design to be addressed on a case by case basis.
8) The current regulation sets forth specific operating requirements regarding standby equipment, equipment maintenance, loading areas, dust prevention and waste tracking. The proposed regulation does not provide prescriptive requirements. The proposed regulation allows the permit applicant to address operating requirements in the permit application based on the specific characteristics of the permit applicant's facility.
40 CFR 264.272 Land Treatment: Treatment Program
The Board is proposing to incorporate by reference 40 CFR 264.272, the Federal regulation for treatment demonstration programs for land treatment. The current State analog is found in § 264.272, and it differs from the Federal regulation because the proposed regulation authorizes the Department to issue permits only for the demonstration portion of the land treatment project. The current regulation includes the demonstration permit as a part of the operating permit.
25 Pa. Code § 264a.273 and 40 CFR 264.273 Land Treatment: Design and Operating Requirements
The Board is proposing to incorporate by reference 40 CFR 264.273, the Federal regulation regarding de- sign and operating requirements for land treatment. In addition, the Department proposes to relocate the existing requirements that are currently found in § 264.273(a)(5)--(10). These requirements are proposed to be relocated in § 264a.273. The additional State provisions require specific waste application requirements that include: spreading the waste; turning the waste within 24 hours of its placement on the land; spreading the waste in thin layers, and ensuring that the waste is not spread on frozen ground. The proposed regulation is more stringent than the Federal regulation, because it contains additional State requirements. However, the Board has determined that the additional requirements are consistent with the standard practices employed in the industry to ensure basic environmental protection. The most notable difference between the current regulation and the proposed regulation is that the current regulation contains prescriptive operating requirements for standby equipment, equipment maintenance, loading areas, dust prevention and waste tracking while the proposed regulation allows these requirements to be addressed through the facility specific permitting process.
25 Pa. Code § 264a.276 and 40 CFR 264.276 Land Treatment: Food Chain Crops
The Board is proposing to incorporate by reference 40 CFR 264.276, the Federal regulation for food chain crops. In addition, the Board is proposing to relocate the existing State requirements that are currently found in § 264.276. These requirements are proposed to be found in § 264a.276. The additional State provisions prohibit the growth of tobacco and food crops intended for direct human consumption on hazardous waste land treatment facilities. The Board believes that it is clear that this prohibition is necessary for the protection of human health.
25 Pa. Code § 264a.301 and 40 CFR 264.301 Landfills: Design and Operating Requirements
The Board is proposing to adopt 40 CFR 264.301, the Federal regulation for landfill design and operating requirements. In addition, The Board proposes to relocate the existing Commonwealth requirement for minimum groundwater separation distances. These requirements are currently found in § 264.302(b) and are proposed to be moved to § 264a.301. Separation distances provide a layer of soil material that will allow some attenuation of any waste passing through the liner system. In addition, the separation distance reduces the threat of upward hydraulic pressures which could threaten the integrity of the liner system. The regulation protects groundwater from contamination that results from leakage from landfill liners. Generally, the proposed regulation is not as prescriptive as the existing Commonwealth design and operating requirements found in §§ 264.301, 264.303 and 264.304. The significant differences between the proposed regulation and the existing Commonwealth regulations are:
1) The proposed regulation requires double composite liner requirements for new landfills. The current regulations require a double noncomposite liner system for all landfills. A composite liner system contains two different components that keep the waste from traveling through the liner.
2) The proposed regulation allows for alternative design and operating practices if the alternate design and operating practice is as effective as the design and operating practice prescribed in the regulations. The current regulation does not provide any flexibility in design and operating practices
3) The proposed regulation requires that operators design run-on control measures such as berms and dikes for a 25 year storm. The current regulation requires operators to design run-on control measures for a 100 year storm.
4) The proposed regulation requires that the Department specify in the permit all design and operating practices. The current regulation does not require this.
5) The current regulation sets forth specific conveyance, storage and treatment requirements for leachate. The proposed regulation does not provide prescriptive requirements. The proposed regulation addresses leachate detection collection but allows the specific storage and treatment design issues to be addressed on a case-by-case basis.
6) The current regulation sets forth specific operating requirements regarding standby equipment, equipment maintenance, loading areas, and waste tracking. The proposed regulation does not provide prescriptive requirements. The proposed regulation allows permit applicants to address these issues in their permit applications on a case by case basis.
7) The current regulation contains prescriptive capping requirements. The proposed regulation does not contain prescriptive capping requirements, but it does contain performance requirements for operators to minimize migration of wastes; minimize maintenance of cap; and utilize a cap that has a permeability that is less than or equal to the permeability of the liner. The proposed regulation also requires the use of a final cover.
40 CFR 264.343 Incinerators: Performance Standards
The Board is proposing to incorporate by reference 40 CFR 264.343, the Federal regulation regarding incinerator performance standards. The proposed regulation differs from the existing regulation, because incinerator owners or operators currently must control total hydrogen halide emissions and the proposed regulation will require the control of hydrogen chlorides only. Although hydrogen halides may contribute to acid gas formation, hydrogen chloride is the most commonly occurring hydrogen halide that contributes to acid gas formation. Using hydrogen chloride as an indicator of acid gas formation is a commonly accepted practice in permitting incinerators. Adoption of this Federal regulation will facilitate compliance monitoring and will not compromise human health or the environment.
40 CFR 265.340 Applicability to Interim Status Incinerators
The Board is proposing to incorporate by reference 40 CFR 265.340, the Federal regulation regarding the applicability of Part 265, Subpart O to interim status incinerators. The adoption of the Federal regulation will result in the addition to the existing Commonwealth regulations of certain exemptions from the requirements of existing Chapter 265, Subchapter O for any interim status incinerators burning low risk hazardous wastes. These exemptions are currently available to hazardous waste incinerators subject to the requirements of existing Chapter 264, Subchapter O and, therefore, the same exemptions should be available for incinerators subject to the interim status standards of existing Chapter 265, Subchapter O. These exemptions are proposed in Chapters 264a, Subchapter O and 265a, Subchapter O.
25 Pa. Code § 265a.382 Thermal Treatment: Open Burning; Waste Explosives
The Board is proposing to retain the existing State prohibition of burning waste explosives in certain air basins delineated in this Commonwealth's air resources regulations. The existing hazardous waste regulation that contains this prohibition is found in § 265.382(b). The air resources regulation that delineates certain air basins is found in § 121.1. The prohibition is based on a broader air quality prohibition that forbids any open burning in the specifically identified air basins. The prohibition is found in the Department's air quality regulations at § 129.14(a). The Federal regulation at 40 CFR 265.382 does not contain this prohibition.
25 Pa. Code Chapter 266a and 40 CFR Part 266 25 Pa. Code § 266a.20 and 40 CFR 266.20 Applicability
The Board is proposing to incorporate by reference 40 CFR 266.20. In addition, the Board is proposing to retain and relocate the existing State requirement that requires producers of products containing or derived from hazardous waste to obtain written approval from the Department prior to applying or placing these products on the land. The Commonwealth requirement is proposed to be relocated to § 266a.20. Although the Federal regulations require producers of these products to satisfy the same conditions as those contained in the State regulations, the Federal regulations do not require prior written approval from the EPA. The Board has determined that prior written approval is required to ensure that this provision is not abused and that this requirement is consistent with most other States' regulatory programs.
25 Pa. Code Chapter 266a, Subchapter E Waste Oil Burned for Energy Recovery
The Board is proposing to relocate all of the existing text of Chapter 266, Subchapter E to Chapter 266a, Subchapter E. The Board is not proposing to make any substantive changes to the existing text.
25 Pa. Code § 266a.103 and 40 CFR 266.103 Interim Status Standards for Burners
The Board is proposing to incorporate by reference 40 CFR 266.103, the Federal regulation regarding interim status standards for burners. In addition, the Board is proposing to retain and relocate the existing State requirement that establishes an 8,000 Btu/lb minimum heating value for hazardous waste being burned as fuel in interim status burners and exempt small quantity on-site burners. Federal regulations establish the minimum heating value at 5,000 Btu/lb. The existing State regulation is found in § 266.30, and the Board is proposing to relocate this requirement to § 266a.103. The Commonwealth's regulations contain an 8,000 Btu/lb minimum heating value, because the Board determined that the 8,000 Btu/lb minimum provides some assurance that hazardous wastes burned in boilers or industrial furnaces (BIF) operating in interim status were actually burning the hazardous wastes for energy recovery rather than for disposal. The Board has determined that this restriction is necessary only until BIFs are permitted, at which point permitting standards render the 8,000 Btu/lb limitation unnecessary. The 8,000 Btu/lb value contained in the Commonwealth's regulations is equivalent to the Btu/lb value of wood or low-grade coal. Burning wastes with lower heating values presents a potential risk to human health and the environment because these wastes tend to contain a greater amount of hazardous constituents that will not be destroyed by burning. The Board is proposing to retain the 8,000 Btu/lb standard in situations in which hazardous waste is to be burned or processed prior to issuance of a BIF permit or under a permit exemption.
40 CFR Part 266, Subpart F Recyclable Materials Utilized for Precious Metal Recovery
The Board proposes to incorporate by reference 40 CFR Part 266, Subpart F, the Federal regulations for recyclable materials utilized for precious metal recovery. This Federal regulation provides reduced regulatory requirements for generators, transporters or storers of hazardous wastes that are reclaimed to recover economically significant amounts of certain precious metals. The reduced requirements include notification, manifesting and, where the materials are stored, recordkeeping to document that the materials are not accumulated speculatively. Under the current Federal regulatory scheme, the reclamation process itself is exempt from regulation under 40 CFR 261.6(c)(1).
The SWMA, however, requires a permit to be issued by the Department for facilities that perform treatment to recycle hazardous waste. Therefore, even under this proposed rule, facilities that reclaim precious metals from hazardous waste would need to obtain a recycling permit from the Department. Some precious metal-bearing hazardous waste, such as spent photographic fixer solutions classified as spent materials, are not excluded from the definition of solid waste when reclaimed. The Department does not intend to impede the safe reclamation of these materials. The Department specifically seeks comments on the possibility of providing a permit-by-rule for the owners or operators of facilities that reclaim, or otherwise treat hazardous waste to make the waste suitable for further reclamation of economically significant amounts of the precious metals identified in 40 CFR Part 266, Subpart F.
25 Pa. Code Chapter 266b and 40 CFR Part 273
The Board is proposing to relocate the Universal Waste Rule, currently found in Chapter 266, Subchapters J--P, to Chapter 266b. The Board is not proposing to make any changes to the text of these subchapters.
25 Pa. Code Chapter 268a and 40 CFR Part 268
The Board is proposing to incorporate by reference 40 CFR Part 268 (relating to land disposal restrictions). The Board is proposing to locate these requirements in Chapter 268a. Although the Commonwealth will be including these requirements in its regulations for the first time, the land disposal restrictions have been administered and enforceable by the EPA since the passage of HSWA.
25 Pa. Code Chapter 270a and 40 CFR Part 270
The Board proposes to restructure the permitting requirements that are currently found in Chapters 265 and 270 so that all of the permitting requirements are contained in Chapter 270a. The following chart lists the proposed regulatory section numbers and the corresponding section numbers in the existing regulations that contain the similar provisions. Individual sections in this proposed rulemaking that are in Chapter 270a and that contain either significant substantive changes from the existing regulation, or that contain provisions that are more stringent than the Federal regulations, are listed below the chart.
Proposed 25 Pa. Code citation or 40 CFR citation Existing 25 Pa. Code citation 40 CFR 270.1 265.440 and 270.1 25 Pa. Code § 270a.3 265.447 25 Pa. Code § 270a.10 and 40 CFR 270.10 265.441 25 Pa. Code § 270a.11 and 40 CFR 270.11 265.443 25 Pa. Code § 270a.12 and 40 CFR 270.12 265.446 40 CFR 270.13 270.12 40 CFR 270.14 265.442 40 CFR 270.15--270.28 265.450--265.452 and 265.460 40 CFR 270.30 270.13 40 CFR 270.31 270.21 40 CFR 270.32 270.13 40 CFR 270.33 270.22 25 Pa. Code § 270a.41 and 40 CFR 270.41 265.445, 270.31--270.33 25 Pa. Code § 270a.60 and 40 CFR 270.60 Chapter 266 25 Pa. Code § 270a.61 and 40 CFR 270.61 270.2(a) 40 CFR 270.62--270.66 Chapter 264, Subchapter O 40 CFR 270.70 265.431 25 Pa. Code § 270a.41 270.33 25 Pa. Code § 270a.80 270.41 25 Pa. Code § 270a.81 270.42 40 CFR 270.40 Transfer of Permits
The Board is proposing to incorporate by reference 40 CFR 270.40, the Federal regulation regarding transfer of permits. Currently, the hazardous waste regulations prohibit the transfer of permits in accordance with the existing regulation found in § 270.1(g). In the Department's experience, permit transfers are necessary in some situations including company buyouts and corporate restructuring.
Appendix I for 40 CFR 270.42 Classification of Permit Modification
The Board is proposing to incorporate by reference the Federal regulation and its appendix regarding permit modification at the request of the permittee found in 40 CFR 270.42. The State analog is currently found in § 270.31(c). The proposed regulation includes an appendix that classifies permit modifications as Class 1, Class 2 or Class 3 modifications. The proposed regulations intend to expand the list of modifications considered to be minor modifications in categorizing Class 2 and Class 3 modifications as minor permit modifications.
25 Pa. Code § 270a.60 and 40 CFR 270.60 Permits by Rule
The Board is proposing to incorporate by reference 40 CFR 270.60, the Federal regulation for permits by rule. In addition, the Board proposes to retain the existing State requirements that require the following facilities to operate pursuant to permits by rule: elementary neutralization units; generator treatment in containers, tanks or containment buildings; battery manufacturing facilities reclaiming spent, lead-acid batteries; petroleum refining facilities that reclaim hazardous waste onsite, at the site where it is generated; and facilities that store hazardous waste onsite prior to reclamation. These facilities are exempted from permitting requirements by the Federal law, but since the SWMA requires permitting for the treatment or reclamation of hazardous wastes, the Commonwealth must require permits for these facilities.
40 CFR Subpart EE of Parts 264 and 265 and Subpart M of Part 266 Munitions
The Board is proposing to incorporate by reference the February 12, 1997, Federal regulations that deal with munitions, 62 FR 6621. The specific regulatory provisions regarding munitions are found throughout the Federal hazardous waste regulations since the rulemaking sets forth standards for generators of hazardous waste munitions; transporters of hazardous waste munitions; owners and operators of TSDFs that handle hazardous waste munitions; storage of hazardous waste munitions and explosives; and management of military munitions. The significant elements of the munitions rulemaking include a definition for military munitions that are a solid waste as well as a definition for military munitions that are not a solid waste. In addition, the rulemaking establishes new storage standards for both military and nonmilitary waste munitions and explosives and exempts from RCRA generator, transporter and permitting requirements persons responding to time-critical munitions and explosives emergencies. Finally, the rulemaking exempts generators and transporters from RCRA manifest requirements for the transportation of hazardous waste on public or private right-of-ways on or along the border of contiguous properties under the control of a single owner.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed regulation.
Benefits
The proposed regulations will incorporate by reference the Federal regulatory requirements for hazardous waste management and will add Pennsylvania requirements to the Federal requirements in instances in which the Department identifies a compelling State interest that requires the Commonwealth to modify or add to the Federal requirements. As a result of the incorporation by reference, the proposed regulations will align more closely the text and numbering system of the Pennsylvania regulations found in Chapters 260a--266a, 266b and 268a--270a with the Federal numbering system found in 40 CFR Parts 260--273. In addition, the rule will eliminate the confusion caused by using two different sets of regulations--those used by the EPA and those used by the Department--for managing hazardous waste in this Commonwealth. Since most states have hazardous waste regulations that closely resemble the Federal regulations, amending the Commonwealth's hazardous waste regulations to follow the Federal regulations will allow companies to comply more easily on an interstate basis. In addition, most of this Commonwealth's regulations mirror the intent of the Federal rules, and many Commonwealth regulations use the same language that the Federal rules use. Most of the Commonwealth requirements that have Federal analogs use the same section numbers as the Federal numbering system. Consequently, all classes of hazardous waste generators; transporters; and treatment, storage and disposal facilities will benefit from the proposed changes since the proposed regulations provide the regulated community with consistency between the State and Federal regulatory requirements, language and numbering systems.
Compliance Costs
Although this is a large and comprehensive rulemaking, it imposes very few additional costs on the regulated community and the Department. Since the overall purpose of the proposed regulations is to align the Department's hazardous waste regulations with the Federal hazardous waste regulations, the Department expects a decrease in the overall cost of compliance since the regulated community will need to comply with only one set of regulations rather than the two sets with which it must currently comply.
The regulated community will realize an estimated $400,000 of additional savings through the amendment of the manifest regulation to require a six part manifest rather than the current eight part manifest. The savings will result from reduced clerical and mailing costs. Costs to the Commonwealth will also be reduced as a result of this amendment. The reduction in the amount of mail handled will be significant. The number of manifests scanned and data entered into the Department computer system will be reduced by approximately 50%. This will result in a savings to the Department of an estimated $30,000 through the elimination of one staff position.
The proposed regulations allow permit applicants to submit information on their own forms rather than on the Department's Module 1 forms. The Department estimates that this will save the regulated community $35,000 annually. These savings would be a direct result of the elimination of the requirement to transcribe information from an operator's form to a Department form.
Compliance Assistance Plan
The Department will assist the regulated community by developing a series of fact sheets explaining any changes to the regulations. In addition, the Department intends to meet with industry groups whenever and wherever possible to explain the regulatory changes. Department field staff will also provide compliance assistance during routine facility inspections.
Paperwork Requirements
These proposed regulations will result in a net reduction in paperwork requirements. Manifest copies will be reduced from eight to six resulting in substantial paperwork reduction and reduced filing, storage and mailing costs. An additional reduction in paperwork will result from the reduced groundwater monitoring requirements. These forms will only have to be completed and mailed once per year, as opposed to the current requirement that operators complete and mail these forms twice per year. Allowing industry to use their own forms in place of the Department's Module 1 forms will also reduce paperwork requirements. Transcription and storage of duplicate records will be eliminated. No additional forms are required by these regulations.
G. Pollution Prevention
In keeping with Governor Ridge's interest in encouraging pollution prevention solutions to environmental problems, this rulemaking has incorporated the following provision and incentive to meet that goal: § 262.100 provides that any person or municipality that generates hazardous waste must prepare a source reduction strategy that identifies the methods and procedures that the person or municipality intends to implement to reduce the amount of hazardous waste generated. The incentive for a person or municipality to implement their source reduction strategy is to save money in hazardous waste management costs, protect employe health and safety, lower insurance costs and protect the environment by reducing the amount of hazardous waste generated.
H. Sunset Review
This rulemaking 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)), the Department submitted a copy of the proposed rulemaking on November 19, 1997, to the Independent Regulatory Review Commission (IRRC), and the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed rulemaking, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed rulemaking, it will notify the Department within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before final publication of the rulemaking.
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, 15th Floor, 400 Market Street, Harrisburg, PA 17105-2301). Comments received by facsimile will not be accepted. Comments, suggestions or objections must be received by February 4, 1998, (within 60 days of publication in the Pennsylvania Bulletin). Interested persons may also submit a summary of their comments to the Board. The summary shall not exceed one page in length and must also be received by February 4, 1998 (within 60 days following publication in the Pennsylvania Bulletin). 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 regulations will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@A1.dep.State.pa.us. A subject heading of the proposal must be included in each transmission. Comments submitted electronically must also be received by the Board by February 4, 1998.
K. Public Hearings
The Board will hold three public hearings at 1 p.m. as follows:
Date Location January 12, 1998 Department of Environmental
Protection
Southeast Regional Office
Suite 6010, Lee Park
555 North Lane
Conshohocken, PAJanuary 14, 1998 Department of Environmental
Protection
Southwest Regional Office
500 Waterfront Drive
Pittsburgh, PAJanuary 16, 1998 Department of Environmental
Protection
1st Floor Meeting Room
Rachel Carson State Office Building
400 Market Street
Harrisburg, PAPersons wishing to present testimony at a hearing are requested to contact Sharon Freeman at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation in order to participate should contact Sharon Freeman at (717) 787-4526, or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-328. 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 (Editor's Note: The Department is proposing to delete the current version of 25 Pa. Code Chapters 260--270 as it appears in the Pennsylvania Code at pages 260-1--270-28 (serial pages (233837), (233838), (225009)--(225028), (228321), (228322), (225031)--(225038), (228323), (228324), (225041)--(225048), (228325), (228326), (230435)--(230446), (225061), (225062), (228327), (228328), (230447), (230448), (225067), (225068), (230449)--(230474), (225095)--(225110), (230475)--(230482), (225117)--(225276), (230483)--(230488), (225281)--(255324), (230481)--(230492), (225329)--(225340), (230493), (230494), (225343)--(225398), (230495)--(230546), (228335), (228336), (225423)--(225426), (210143)--(210154), (225427), (225428), (210157), (210158), (228337)--(228340), (210163)--(210178), (230547), (230548), (210181)--(210206), (230549), (230550) and (225431)--(225456).)
CHAPTER 260. (Reserved)
CHAPTER 260a. HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL Subchap.
A. GENERAL B. DEFINITIONS C. RULEMAKING PETITIONS
Subchapter A. GENERAL Sec.
260a.1. Incorporation by reference, purpose, scope and applicability. 260a.2. Availability of information. 260a.3. Terminology and citations related to Federal Regulations. § 260a.1. Incorporation by reference, purpose, scope and applicability
(a) Except as expressly provided in this chapter, the requirements of 40 CFR Part 260 (relating to hazardous waste management system: general) are incorporated by reference.
(b) Notwithstanding the requirements incorporated by reference, nothing contained in this article relieves or limits a person or municipality who generates, transports, stores, treats or disposes of hazardous waste from complying with the requirements of Pennsylvania law, including The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305); the Air Pollution Control Act (35 P. S. §§ 4001--4015); the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.31); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); the Pennsylvania Bituminous Coal Mine Act (52 P. S. §§ 1406.1--1406.21); the Pennsylvania Anthracite Coal Mine Act (52 P. S. §§ 70-101--70-1405); and the act of July 9, 1976 (P. L. 931, No. 178) (52 P. S. §§ 27.7-1--27.7-9).
§ 260a.2. Availability of information.
Notwithstanding the requirements incorporated by reference, 40 CFR 260.2 (relating to availability of information) is not incorporated by reference.
§ 260a.3. Terminology and citations related to Federal regulations.
(a) For purposes of interfacing with 40 CFR Parts 260--279, the following terms apply, unless the context clearly indicates otherwise:
(1) ''Administrator'' and ''Regional Administrator'' are synonymous with ''Department.''
(2) When referring to an operating permit or to the Federal hazardous waste program, ''Resource Conservation and Recovery Act'' (42 U.S.C.A. §§ 6901--6986), ''RCRA,'' ''Subtitle C of RCRA,'' ''RCRA Subtitle C'' or ''Subtitle C'' is synonymous with the ''Pennsylvania Solid Waste Management Act'' (35 P. S. §§ 6018.101--6018.1003).
(3) ''Environmental Protection Agency'' is synonymous with ''Department.''
(4) Whenever the regulations require publication in the ''Federal Register'' compliance will be accomplished by publication in the ''Pennsylvania Bulletin.''
(5) ''Used oil'' is synonymous with ''waste oil.''
(6) ''State,'' ''authorized state,'' ''approved state'' or ''approved program'' is synonymous with ''the Commonwealth.''
(7) Whenever the regulations require compliance with procedures found in 40 CFR Part 270 (relating to EPA administered permit programs: the hazardous waste permit program), compliance shall be accomplished by the procedures found in Chapter 270a (relating to hazardous waste permit program).
(8) The Commonwealth equivalent of 40 CFR Part 273 (relating to standards for universal waste management) is found in Chapter 266b (relating to standards for universal waste management).
(b) If a provision of the Code of Federal Regulations incorporated by reference in this article includes a section which is inconsistent with the Pennsylvania Code, the Pennsylvania Code controls to the extent Federal law does not preempt Commonwealth law. If a provision of the Code of Federal Regulations incorporated by reference in this article is beyond the scope of authority granted the Department under statute, or is in excess of the statutory authority, the provisions shall be and remain effective only to the extent authorized by Pennsylvania law.
(c) Federal statutes and regulations that are cited in 40 CFR Parts 260--266, 268 and 270 that are not specifically adopted by reference will be used as guidance in interpreting the Federal regulations in 40 CFR Parts 260--266, 268 and 270.
Subchapter B. DEFINITIONS Sec.
260a.10. Definitions. § 260a.10. Definitions.
(a) Notwithstanding the requirements incorporated by reference:
(1) The following terms are not incorporated into this section:
(i) ''Act.''
(ii) ''Disposal.''
(iii) ''Management.''
(iv) ''Storage.''
(v) ''Transportation.''
(2) The definitions for the following terms are incorporated by reference, but the dates contained in 40 CFR 260.10 (relating to definitions) are modified as follows:
(i) Existing tank system or existing component--Installation of the tank system or components shall have been on or prior to January 10, 1993.
(ii) New hazardous waste management facility--A facility that began operation or for which construction commenced after November 19, 1980.
(iii) New tank system or new tank component--Installation of the tank system or components shall have been after January 16, 1993.
(b) In addition to the definitions incorporated by reference, the terms listed as follows have the following meanings:
(1) Act--The Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
(2) Disposal--The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this Commonwealth. The term also includes the abandonment of solid waste with the intent of not asserting or exercising control over, or title or interest in the solid waste.
(3) Fund--The host municipalities fund.
(4) Hazardous Sites Cleanup Act--The Hazardous Sites Cleanup Act (35 P. S. §§ 6020.101--6020.1305).
(5) Hazardous Sites Cleanup Fund--The fund established by section 901 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.901).
(6) Hazardous waste management unit--A contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is a significant likelihood of mixing hazardous waste constituents in the same area. The term includes a surface impoundment, waste pile, land treatment area, landfill cell, incinerator, tank and associated piping and underlying containment system, and container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
(7) Host municipality--A municipality, other than a county, where a qualifying facility is located, either in whole or in part, within its established corporate boundaries.
(8) Household waste--Waste material, including garbage, trash and sanitary wastes in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas.
(9) Identification number--The number either assigned by the EPA to each generator, transporter and treatment, storage or disposal facility or provisionally assigned by the Department.
(10) In-transit storage--The storage of hazardous waste by the transporter at a transfer facility for no more than 10 days if the hazardous waste is manifested and remains in containers that conform to the requirements of 40 CFR 262.30 and 262.33 (relating to packing, labeling and marking; and placarding).
(11) Manifest document number--The unique number assigned to a particular manifest form, usually printed in the upper right corner of the form.
(12) Pennsylvania hazardous waste facilities plan--A plan required by sections 104(14) and 105(f) of the act (35 P. S. §§ 6018.104(14) and 6018.105(f)) and adopted by the EQB which identifies current and future hazardous waste treatment and disposal facilities necessary for the proper management of hazardous waste in this Commonwealth.
(13) Permit-by-rule--A provision of this article whereby a facility or activity is deemed to have a hazardous waste management permit if it meets the applicable requirements of this article.
(14) Recycling permit--A treatment permit for a facility that treats hazardous waste to turn the waste into a product or make the waste otherwise suitable for use or reuse, including use as a fuel.
(15) Registered professional engineer or professional engineer--An engineer registered to practice engineering in this Commonwealth.
(16) Registered professional geologist or professional geologist--A geologist registered to practice geology in this Commonwealth.
(17) Responsible official--For corporations, the corporate officers; for limited partnerships, the general partners; for all other partnerships, the partners; for a sole proprietorship, the proprietor; for a municipal, state or Federal authority or agency, an executive officer or ranking elected official responsible for compliance of the hazardous waste activities and facilities of the authority or agency with all applicable rules and regulations.
(18) Source reduction--The reduction or elimination of the quantity or toxicity of hazardous waste generated. Source reduction may be achieved through changes within the production process, including process modifications, feedstock substitutions, improvements in feedstock purity, shipping and packing modifications, housekeeping and management practices, increases in the efficiency of machinery, and recycling within a process. The term does not include dewatering, compaction, reclamation, treatment, or the use or reuse of waste.
(19) State manifest document number--The state abbreviation, the letter and the unique number assigned to the manifest, usually preprinted on the form, for recording and reporting purposes.
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