PROPOSED RULEMAKING
ENVIRONMENTAL QUALITY BOARD
[25 PA. CODE CHS. 271--273, 277, 279, 281, 283, 285, 287--289, 291, 293, 295, 297 AND 299]
Amendments to Municipal and Residual Waste Recordkeeping and Reporting Requirements; Substantial Plan Revisions
[27 Pa.B. 893] The Environmental Quality Board (Board) proposes to amend Chapters 271--273, 277, 279, 281, 283, 285, 287--289, 291, 293, 295, 297 and 299.
The proposed amendments eliminate duplicate data submission to the Department of Environmental Protection (Department) and reduce unnecessary or duplicative recordkeeping requirements for the regulated community while maintaining environmental protection and public access to information. These proposed amendments result from a year long review of all the reporting requirements in the municipal and residual waste programs under the Secretary's Regulatory Basics Initiative and Executive Order 1996-1. Each report or recordkeeping requirement was evaluated to determine if the information was necessary and critical, if the requested information was available elsewhere, if additional or different information was needed and if the information could be handled more efficiently through electronic receipt, improved data input, submission to different offices or other method.
In addition, these proposed amendments implement a recommendation of the Municipal Waste Stakeholders Group (Stakeholders Group) regarding county municipal waste plan revisions. The 28-member Stakeholders Group, cosponsored by the Department and the County Commissioners Association of Pennsylvania, was formed to discuss municipal waste issues. The group included recyclers, haulers, landfill operators, county waste authorities, municipal and county government representatives, and environmental and public interest groups. The proposed amendment would revise § 272.252(e) (relating to development of plan revisions) to allow counties to add or delete a waste management facility to or from their county municipal waste management plan as a nonsubstantial plan revision. Currently the regulations consider this to be a substantial plan revision.
This proposal was adopted by the Board at its meeting of December 17, 1996.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as a final rulemaking.
B. Contact Persons
For further information contact Keith Kerns, Chief, Division of Waste Minimization and Planning, P. O. Box 8472, Rachel Carson State Office Building, Harrisburg, PA 17105-8472 (717) 787-7382, or electronically at Kerns.Keith@A1.dep.state.pa.us or Kristen Campfield, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464 (717) 787-7060 or electronically at Campfield.Kristen@A1.dep.state.pa.us. Information regarding submitting comments on this proposal appears in Section J of this Preamble. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department Web site (http://www.dep.state.pa.us).
C. Statutory Authority
The proposed rulemaking is being made under the authority of the following:
* The Solid Waste Management Act (SWMA) (35 P. S. §§ 6018.101--6018.1003), which in section 105(a) (35 P. S. § 6018.105(a)) grants the Board the power and duty to adopt the rules and regulations of the Department to carry out the provisions of the SWMA.
* The Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904), which in section 302 (53 P. S. § 4000.302) gives the Board the power and duty to adopt the regulations of the Department to accomplish the purposes and to carry out the provisions of this act.
* The Clean Streams Law (35 P. S. §§ 691.1--691.1001), which in section 5(b) (35 P. S. § 691.5(b)) grants the Department the authority to formulate, adopt, promulgate and repeal the rules and regulations as are necessary to implement the provisions of this act.
* The Infectious and Chemotherapeutic Wastes Law (35 P. S. §§ 6019.1--6019.6), which in sections 2(b) and 4(b) (35 P. S. §§ 6019.2(b) and 6019.4(b)) grants the Department the authority to propose regulations as may be necessary or appropriate to accomplish the purposes of this act and grants the Board the authority to adopt rules and regulations of the Department to accomplish the purposes and to carry out the provisions of this act.
D. Background and Purpose
Reporting Requirements
The Department, in an effort to maintain environmental protection, continue providing information to the public, eliminate duplicate data submission, and reduce recordkeeping requirements, formed a committee of regional and central office managerial and technical staff to review all relevant report requirements. Except for those forms previously reviewed by the Department's Permit Application Team, this amounted to over 100 separate forms. The result of the review of the municipal, residual and infectious and chemotherapeutic waste regulations is included in this regulatory package. Revisions to the hazardous waste reporting requirements appeared at 27 Pa.B. 237 (January 11, 1997).
The review committee began its work in March, 1995. Its objectives were to eliminate unnecessary and duplicative reports, to reduce the information requested, to more effectively handle the information received and to ask only for the information needed to administer the waste programs without compromising the Department's or the public's need for information. For each reporting requirement the committee asked:
* Is the report necessary and critical?
* Can the amount of information be decreased?
* Is the requested information available elsewhere?
* Is additional or different information needed?
* Can the information be handled better--electronically, data input, submission to different offices, etc.?
The Department's Solid Waste Advisory Committee (SWAC) was given a status report on this proposal in May 1995. An additional briefing was provided in March 1996. SWAC suggested that for each reporting requirement the Department proposes to eliminate, the Department provide information on an alternate source of the same data. As a result of this comment, a table containing this information appears in the ''Summary of Regulatory Requirements'' portion of this Preamble.
SWAC also suggested that the program administration fee structure be evaluated to see if the fees could be reduced in line with the reduction in reporting requirements. The review of the fee structure showed that the fees should not be revised since, for the most part, the information is still being reviewed, either through submission or by inspections. Even though it may not be submitted as often, the Department's field staff will have the added responsibility of ensuring it is prepared and maintained at the facility.
The public, regulated industry and Department staff were invited to participate in the review by an article in the May 26, 1995, Department Update. Suggestions on improving the format and ease of use of the forms as well as frequency of reporting were specifically requested. In addition, presentations were made to the Pennsylvania Chamber of Business and Industry and to the Pennsylvania Waste Industry Association's Technical Advisory Committee members. Of all the comments submitted, 90% had already been anticipated by the review committee.
In October 1995, Keith Kerns, Chief of the Department's Waste Minimization and Planning Division, co-chaired a session at the Waste Today Conference and reviewed the Committee's progress. Participants were enthusiastic about the time and money these reporting revisions will save industry.
The package also includes the addition of a new section to the municipal waste regulations (§ 271.4) which will authorize the submission of data electronically. Electronic submissions are allowed under the existing residual waste regulations. The Board is interested in comments regarding interest in and the feasibility of allowing submission of reports electronically. Specific suggestions on which reports are better suited to electronic submission and the format preferred are requested. Any information on costs or savings to the regulated community realized by the reduction in reporting and the electronic reporting option are also requested.
The Department has prepared draft forms of what the various report forms will look like if the proposed revisions are finalized. These draft forms are available through the contact persons listed in Section B of this Preamble or can be viewed on the Department's World Wide Web site (http://www.dep.state.pa.us). To locate, select ''INFORMATION BY ENVIRONMENTAL SUBJECT'' and then select the MUNICIPAL AND RESIDUAL WASTE HOMEPAGE.
Plan Revisions
These proposed regulatory revisions also implement a recommendation of the Stakeholders Group regarding county municipal waste plan revisions. The Board proposes to revise § 272.252(e) to allow counties to add or delete a waste management facility to or from their county municipal waste management plan through a nonsubstantial plan revision. Currently the regulations require a substantial plan revision.
Entire Package
The full proposed regulatory package was reviewed with SWAC at its September 12, 1996, meeting. SWAC approved the proposal with several recommended revisions. The revisions are incorporated in this proposal.
None of these revisions exceeds Federal requirements. Related municipal waste Federal regulations can be found in the Environmental Protection Agency's (EPA) ''Criteria for Municipal Solid Waste Landfills,'' 40 CFR Part 258, at § 258.29. The EPA requires submission of records upon request, to the state director (that is, the Secretary of the Department). The Department has obtained EPA approval of its landfill permitting program (including recordkeeping and reporting under Part 258). These proposed regulatory amendments will not jeopardize the EPA approval.
There are no companion Federal residual waste regulations. Because the Department is responsible for program administration, including compliance monitoring, detailed periodic reporting is necessary.
E. Summary of Regulatory Requirements
Descriptive Summary
Chapter 271 (relating to municipal waste management--general provisions)
Chapter 271 contains the general provisions for the municipal waste programs, including permit requirements, review procedures, financial assurance requirements, civil penalties and enforcement procedures. The Board proposes to add § 271.4 (relating to alternate data submission). This section would authorize the submission of information to the Department electronically. There have been significant advances in the field of electronic data interchange. The Board requests specific comments regarding the different methods of electronic submission and which techniques should be pursued and made available to the regulated community--electronic data interchange, internet connection, fax submission, smart forms, and the like.
Chapter 272 (relating to municipal waste planning, recycling and waste reduction).
Chapter 272 contains the municipal waste planning, recycling and waste reduction requirements.
The Board proposes to revise § 272.252(e) This section lists those county municipal waste plan revisions that are considered a substantial revision. As a substantial revision, the county is required to comply with §§ 272.202 272.241--272.243 and 272.245 including notification to the county advisory committee, publication of a public notice, notification to the municipalities following the ratification process used in the initial plan adoption, and submitting implementing documents, in addition to requirements applicable to a nonsubstantial plan revision. Those requirements consist of notifying the Department, complying with certain content requirements and notifying the municipalities and advisory committee. The proposed revision would remove the addition or deletion of a resource recovery facility or municipal waste landfill from the list of actions that are considered to be substantial plan revisions.
Chapter 273 (relating to municipal waste landfills)
Chapter 273 contains the application and operating requirements for municipal waste landfills. The Board proposes to revise § 273.311 (relating to daily operational records). Specifically, the information required in the daily records would not change; however, the report document itself would no longer be required to be recorded on a Department form. In addition, the facility would be required to retain the daily record for the life of the facility bond, or longer if directed by the Department. The information must be made available to the Department upon request.
No changes are proposed for the quarterly operation report in § 273.312 (relating to the quarterly operation report).
The Board proposes to revise § 273.313 (relating to annual operation report). Information on the weight or volume of waste received and on the type of waste received by county and transporter will no longer be required. This information will still be required to be recorded in the daily record. Information on groundwater monitoring wells, erosion and sedimentation control structures, leachate storage or treatment facilities will no longer be required on the annual report. This information is required to be submitted in the initial permit application and revisions to these systems must be reported as they are made. Information regarding emergency disposal areas will not be required in the annual report because that information must be recorded in the daily record.
Additionally, the facility will not be required to include notification of critical stages of construction in the annual report because that information is included in a permit application. Nor will a facility be required to include an analysis of special handling or residual waste received, because these analyses must be retained as part of the approval needed prior to the receipt of these wastes. Since the facility identifies the counties which have used the facility in the previous year on their daily record and quarterly report, this information will no longer be required on the annual report. Waste identified by specific transporter will also no longer be required.
For each reporting requirement that is proposed to be eliminated an alternate source of the same data is listed in the table at the end of this summary.
Chapter 277 (relating to construction/demolition waste landfills)
Chapter 277 contains the application and operating requirements for construction/demolition waste landfills.
The Board proposes to revise § 277.311 (relating to daily operational records). Specifically, the information required in the daily records would not change; however, the report document itself would no longer be required to be recorded on a Department form. In addition, the facility would be required to retain the daily record for the life of the facility bond, or longer if directed by the Department. The information must be made available to the Department upon request.
Currently there is no regulatory requirement for a quarterly operation report and none is proposed.
The Board proposes to revise § 277.312 (relating to annual operation report). Information on the weight or volume of waste received and the type of waste received by county and transporter will no longer be required. This information will still be required to be recorded on the daily record. Information on groundwater monitoring wells, erosion and sedimentation control structures, leachate storage or treatment facilities will no longer be required on the annual report. This information is required to be submitted in the initial permit application and revisions to these systems must be reported as they occur. Information regarding emergency disposal areas will not be required in the annual report because changes in that information must be included in the daily record. The facility will not be required to include notification of critical stages of construction in the annual report because that information is included in a permit application. Waste identified by specific transporter will no longer be required.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 279 (relating to transfer stations)
Chapter 279 contains the application and operating requirements for transfer stations.
The Board proposes to revise § 279.251 (relating to daily operational records). Specifically, the information required in the daily records would not change; however, the report document itself would no longer be required to be recorded on a Department form. In addition, the facility would be required to retain the daily record for the life of the facility bond, or longer if directed by the Department. The information must be made available to the Department upon request.
Currently there is no regulatory requirement for a quarterly operation report and none is proposed.
The Board also proposes to revise § 279.252 (relating to annual operation report). Because a transfer facility is required to include the weight or volume of waste received, the county or State where it originated, the transporters, amount of material recycled or marketed, and the destination of the waste on the daily record, this information will no longer be required on the annual report. Information regarding emergency disposal areas will not be required in the annual report because that information must be kept in the daily record. Chemical analyses for special handling waste certification will no longer be required because the facility is required to receive these analyses and keep them as part of their approval to receive these wastes.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 281 (relating to composting facilities)
Chapter 281 contains the application and operating requirements for composting facilities.
The Board proposes to revise § 281.271 (relating to daily operational records). Specifically, the information required in the daily records would not change. However, the report document itself would no longer be required to be recorded on a Department form. In addition, the facility would be required to retain the daily record for the life of the facility bond or longer if directed by the Department. The information must be made available to the Department upon request.
Currently there is no regulatory requirement for a quarterly operation report and none is proposed.
The Board proposes to revise § 281.272 (relating to the annual operational report). Because a composting facility is required to include the weight or volume of waste received and the transporters on the daily record, this information will no longer be required on the annual report. Chemical analyses for special handling waste certification will no longer be required because the facility is required to receive these analyses and keep them as part of their approval to receive these wastes. Waste identified by specific transporter will no longer be required.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 283 (relating to resource recovery and other processing facilities)
Chapter 283 contains the application and operating requirements for municipal waste resource recovery and other processing facilities.
The Board proposes to revise § 283.261 (relating to daily operational records). Specifically, the information required in the daily records would not change; however, the report document itself would no longer be required to be recorded on a Department form. In addition, the facility would be required to retain the daily record for the life of the facility bond, or longer if directed by the Department. The information must be made available to the Department upon request.
Currently there is no regulatory requirement for a quarterly operation report and none is proposed.
The Board proposes to revise § 283.262 (relating to annual operational report). Because the facility is required to include the county or state where it originated, the transporters, amount of material recycled or marketed, disposal information for bypassed waste and waste products, and handling and disposal problems on the daily record, this information will no longer be required on the annual report. Analyses for special handling waste will no longer be required because the facility is required to receive these analyses and keep them as part of their approval to receive these wastes. Waste identified by specific transporter will no longer be required.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 285 (relating to storage, collection and transportation of municipal waste)
Chapter 285 contains the requirements for storage, collection and transportation of municipal waste, as well as the operational and transporter licensing requirements for infectious and chemotherapeutic waste.
The Board proposes to revise § 285.217 (relating to recordkeeping) to clarify that a report is required in the cab of a collection or transportation vehicle.
Currently there is no requirement for an infectious and chemotherapeutic waste transporter daily report and none is proposed. However, an infectious and chemotherapeutic waste manifest is required to be prepared by the infectious and chemotherapeutic waste generator, § 285.412 (relating to preparation of manifest), and carried with each load, § 285.421 (relating to basic requirements). The manifest is required to be retained for 5 years, § 285.403 (relating to recordkeeping). There are four copies of the manifest, § 285.411 (relating to use of manifest). One is retained by the generator, one by the transporter, and one by the management facility who then returns the final copy back to the generator after the material is received by the management facility.
The Board proposes to revise § 285.334 (relating to annual operational report). Because the infectious and chemotherapeutic waste transporter is required to include generator and transporter information on the infectious and chemotherapeutic waste manifest, this information will no longer be required on the annual report. The State manifest document number is no longer applicable and has been eliminated from the annual report. In addition, the annual report will now only include the first transporter when multiple transporters are utilized. All transporters must be identified on the manifest.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 287 (relating to residual waste management--general provisions)
Chapter 287 contains the general provisions for residual waste management.
The Board proposes to revise § 287.51 (relating to scope). Currently persons or municipalities that generate more than 2,200 pounds of residual waste per generating location in any single month of the previous year are required to prepare a biennial report, a source reduction strategy and a chemical analysis of the waste generated. The proposed revision would allow the generator to average the amount generated over the year and the generator would be required to comply with this subchapter only if the average per month exceeds 2,200 pounds.
Chapter 288 (relating to residual waste landfills)
Chapter 288 contains the operating requirements for residual waste landfills.
The Board proposes to revise § 288.281 (relating to daily operational records). Specifically, the information required in the daily records would not change. However, the report itself would no longer be required to be recorded on a Department form. In addition, rather than submitting the report to the Department, the facility would be required to retain the daily record for the life of the facility bond, or longer if directed by the Department. The information must be made available to the Department upon request. An analysis of the quantity and quality of leachate flowing from the landfill would be required as per the specific facility permit requirements.
The Board proposes to delete § 288.282 (relating to quarterly operation report), because all of the information required in the quarterly report must be included on the daily report.
The Board proposes to revise § 288.283 (relating to annual operational report). Because the facility is required to include information about groundwater monitoring wells, access roads, a facility office, erosion and sedimentation structures, and property lines and boundaries of the permitted fill areas in the permit application map or in a permit modification, this information will no longer be required on the annual report. Information about leachate storage or treatment facilities must be part of the facility permit application or leachate treatment plan, and will no longer be required on the annual report. For noncaptive facilities, the type and weight of the waste received from each transporter is required on the daily record and will no longer be required on the annual report. Identification of waste received by transporter will no longer be required.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 289 (relating to residual waste disposal impoundments)
Chapter 289 contains the requirements for residual waste disposal impoundments.
The Board proposes to revise § 289.301 (relating to daily operational records). Specifically, the information required in the daily records would not change. However, the report itself would no longer be required to be recorded on a Department form. In addition, rather than submitting the report to the Department, the facility would be required to retain the daily record for the life of the facility bond or longer if directed by the Department. The information must be made available to the Department upon request.
The Board proposes no changes to the quarterly operation report.
The Board proposes to revise § 289.303 (relating to annual operational report). Identification of contours at the beginning and end of the year, and of the completed fill area will no longer be required on the annual report. That information is not appropriate for an impoundment. Information about groundwater monitoring wells, access roads, the facility office, erosion and sedimentation control structures and location of treatment facilities must be included in the initial map and facility operation plan, submitted with a permit application, and will no longer be required on the annual report. Identification of property lines and boundaries of the permitted disposal and lined areas will no longer be required since that information must be submitted in the permit application. Notification of critical stages of facility construction or operation that require certification by a registered professional engineer must be included upon completion of each major construction activity with the certification in § 289.202 (relating to certification) and will not be required in the annual report. Certification that the operator of a disposal impoundment has received the waste analysis or certification required by § 287.54 (relating to chemical analysis of waste) for special handling waste received at the facility, and that the special handling waste received at the facility meets the conditions in the facility's permit will no longer be required on the annual report. Special handling wastes are not permitted to be disposed at residual waste impoundments.
For noncaptive facilities, the type and weight or volume of solid waste received from each transporter will no longer be required on the annual report. Daily records require reporting of the amount and type of waste and of the transporters, but not the amount or type of waste received from each transporter.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 291 (relating to land application of residual waste)
Chapter 291 applies to the land application of residual waste.
The Board proposes to revise § 291.221 (relating to daily operational records). Specifically, the information required in the daily records would not change. However, the report itself would no longer be required to be recorded on a Department form. In addition, rather than submitting the report to the Department, the facility would be required to retain the daily record for the life of the facility bond, or longer if directed by the Department. The information must be made available to the Department upon request.
Currently there is no regulatory requirement for a quarterly operation report and none is proposed.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 293 (relating to transfer facilities for residual waste)
Chapter 293 contains the requirements for residual waste transfer facilities.
The Board proposes to revise § 293.251 (relating to daily operational records). Specifically, the information required in the daily records would not change. However, the report itself would no longer be required to be recorded on a Department form. In addition, rather than submitting the report to the Department, the facility would be required to retain the daily record for the life of the facility bond, or longer if directed by the Department. The information must be made available to the Department upon request.
Currently there is no regulatory requirement for a quarterly operation report and none is proposed.
The Board proposes to revise § 293.252 (relating to annual operational report). Because the transfer facility is required to include information about the weight or volume of waste received, generator information and transporter information on the daily record, this information will no longer be required on the annual report. Specific amounts of waste received by each generator will no longer be required.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 295 (relating to composting facilities for residual waste)
Chapter 295 applies to residual waste composting facilities.
The Board proposes to revise § 295.271 (relating to daily operational records). The weight or volume of materials used, reclaimed, marketed or disposed must be reported on the annual report and will no longer be required on the daily record. A record of deviation from the approved design will no longer be required on the daily report because that information must be reported to the Department as it occurs. The daily report itself would no longer be required to be recorded on a Department form. In addition, rather than submitting the report to the Department, the facility would be required to retain the daily record for the life of the facility bond, or longer if directed by the Department. The information must be made available to the Department upon request.
Currrently there is no regulatory requirement for a quarterly operation report and none is proposed.
The Board proposes to revise § 295.272 (relating to annual operational report). Identification of waste received by specific transporter will no longer be required.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 297 (relating to incinerators and other processing facilities)
Chapter 297 applies to residual waste incinerators and other processing facilities.
The Board proposes to revise § 297.261 (relating to daily operational records). Specifically, the information required in the daily records would not change. However, the report itself would no longer be required to be recorded on a Department form. In addition, rather than submitting the report to the Department, the facility would be required to retain the daily record for the life of the facility bond, or longer if directed by the Department. The information must be made available to the Department upon request.
Currently there is no regulatory requirement for a quarterly operation report and none is proposed.
The Board proposes to revise § 297.262 (relating to annual operational report). Because the facility is required to include information in the daily record about transporters and where bypass wastes and other waste are ultimately disposed, this information will no longer be required on the annual report. Identification by a transporter of specific wastes will no longer be required. The amount of waste disposed must now be included on the annual report.
For each reporting requirement that is proposed to be eliminated, an alternate source of the same data is listed in the table at the end of this summary.
Chapter 299 (relating to storage and transportation of residual waste)
Chapter 299 applies to residual waste storage and transportation.
The Board proposes to revise § 299.219 (relating to recordkeeping and reporting). Specifically, the information required in the daily records would not change. However, the report itself would no longer be required to be recorded on a Department form. Clarification was added that the daily record must be in the cab of the transportation vehicle on the date of collection or transportation. In addition, the Department can require retention of the daily record for a specified length of time.
The annual report requirement has been deleted completely. Information needed by the Department can be found on the daily record. Annual totals of waste transported and information specific to each generator will not be required.
For each reporting requirement that is proposed to be eliminated an alternate source of the same data is listed in the table at the end of this summary.
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