[30 Pa.B. 6685]
[Continued from previous Web Page]
WATER QUALITY PROTECTION § 277.241. General requirements.
The Board amended subsection (c) to clarify that the operator may not cause water pollution within or outside the site from the operation of the facility. This was added to be consistent with changes made to the municipal waste regulation in response to concerns that the proposed language appeared to not consider the possibility of offsite pollution entering the facility.
LINER SYSTEM § 277.251. Scope and requirements.
The Board amended subsection (a) to reference § 277.122 (relating to modification to expand existing landfill) which was § 277.110 in the proposed regulations. Several commentators suggested that requiring all new construction/demolition waste landfills to be lined was unnecessary as natural attenuation construction/demolition waste landfills can be operated without causing groundwater pollution due to the characteristics of the waste. The Board declined to make changes in response to this suggestion because the physical and chemical nature of construction/demolition waste is more complex and is generated from a greater variety of demolition projects and activities. It may not be possible to screen each waste load for contaminants that may have potential to degrade the groundwater at unlined facilities.
§ 277.252. General limitations.
The Board amended subsection (c) to clarify that in confined layers at least 8 feet shall be maintained between the bottom of the liner system and where groundwater occurs in confined layers as the result of upward leakage. The term ''upward'' was added to clarify the intent.
The Board added requirements in subsections (d)-(f) to clarify the construction of berms and the placement of waste in relation to the berms. These were added to identify which requirements applied to temporary berms and perimeter berms.
§ 277.253. Subbase.
The Board amended subsection (b)(4) to clarify that the postsettlement slope for the subbase must be at least 2% and no more than 33%. This change was added to be consistent with the subbase requirements for municipal waste landfills and is critical to the design of the liner system.
§ 277.254. Leachate detection zone.
The Board amended subsection (b)(6) to remove the requirement that the stones or aggregates used to construct the detection zone be noncarbonate. This concern is addressed in the performance standards, which require the zone to be able to withstand chemical attack and function without clogging.
The proposed changes to subsection (d) concerning flow in the leachate detection zone were deleted. The current requirement, which requires the operator to test any leakage in the zone, was retained because this testing is used to determine whether the leakage is leachate. Subsection (e) was amended to require that the flow calculation be based upon the flow in a lined collection area instead of the entire lined area. This can be used to more effectively address the leak on a localized basis.
One commentator indicated that the proposed 10-gallon-per-day threshold would be routinely exceeded. The Board declined to make these changes. The final-form regulations maintain the current language because it is necessary to characterize any flow in the leachate detection zone. If the flow is leachate, further analysis of the integrity of the primary liner may be necessary.
§ 277.255. Liner.
The Board made several amendments in this section and the corresponding Table I. Subsection (d) was amended to clarify that liners made of clay shall be compacted in 6-inch lifts unless data from a field demonstration validates the suitability of compacted lifts greater than 6 inches. The Board amended subsection (e) and Table I to clarify that the upper component of a composite liner is a geosynthetic liner. The Board modified Table I to allow the composite component to be constructed of natural or remolded clay, bentonite or be part of a geosynthetic clay liner. These materials are commonly used as composite components and are consistent with the options available in the municipal waste landfill regulations.
§ 277.256. Protective cover.
The Board deleted the design standard in subsection (b)(2) which required that the protective cover be graded. This design requirement was not necessary.
§ 277.257. Leachate collection system within protective cover.
The Board deleted the proposed requirement in subsection (a)(2) which allowed the leachate depth on the primary liner to exceed 1 foot in depth in certain instances. This requirement was inconsistent with the Federal municipal waste landfill requirements in Subtitle D and, therefore, was changed in Chapter 273. The Board is changing it in Chapter 277 to be consistent with the municipal waste regulations.
The Board amended subsection (b)(4) to delete the requirement that stones or aggregates in the leachate collection zone be non-carbonate. The performance standards in subsection (a) address this issue by requiring that the collection system be able to withstand chemical attack from the leachate. Subsection (b)(4) was also modified to require the leachate collection system to contain stones or aggregates while the Board deleted the requirement that the stones or aggregates be placed around the pipes within the zone. The Board added the requirement in subsection (b)(5) that the leachate collection pipes have a postsettlement grade of at least 2% because it is necessary for the pipes to evacuate the leachate by gravity.
LEACHATE TREATMENT § 277.275. Leachate collection and storage.
The Board amended subsection (g) to apply the new requirements for the design of underground leachate pipes to facilities permitted after the effective date of the regulations. The new pipes must have secondary containment or comply with alternative methods of release detection identified in the underground storage tank regulations.
§ 277.276. Leachate analysis and sludge handling.
The Board amended the proposed changes to subsection (a)(2) to not allow a reduction in the quarterly leachate chemical analyses testing requirements. It is necessary to have current information on the leachate quality to determine such things as the impact of the leachate on the liner system, the effectiveness of the leachate treatment system, and the need for additional groundwater monitoring.
WATER QUALITY MONITORING § 277.283. Standards for wells and casing of wells.
The Board added new subsection (c)(7) to allow for alternative well casing designs in stable formations, if approved by the Department. This provides some design flexibility based upon the tightness of the hydrogeologic formation.
§ 277.286. Groundwater assessment plan.
The Board amended subsection (c)(1) to clarify that groundwater monitoring devices installed at the point of compliance must be constructed in accordance with the design requirements for detection monitoring wells. Monitoring wells need to be constructed to the standards established for detection monitoring wells so that the groundwater information gathered is consistent and can be compared to data from other wells.
§ 277.287. Abatement plan.
On final-form rulemaking, the Board added an introductory clause to subsection (d)(4), that was inadvertently excluded in the proposed rulemaking. The Board amended subsection (d)(4)(v) to address the abatement levels for systemic toxicants. This is necessary to address action levels for parameters where MCL's have not been established.
RECORDKEEPING AND REPORTING § 277.311. Daily operational records.
Subsection (b)(10) has been added on final to require information to be kept in the daily record describing radioactive materials detected in waste loads. This requirement is the same as the requirement added for municipal waste landfills, in § 273.311 (relating to daily operational records), which is discussed in more detail above.
Subsection (b)(11) has been added on final to require a landfill operator to identify vehicles that have arrived at the landfill over the maximum gross weight allowed on roadways of this Commonwealth under section 4941 of the Vehicle Code. This requirement is designed to help reduce the number of overweight waste vehicles traveling on roadways of this Commonwealth. While the Department will not use this part of the daily operational record to institute a direct enforcement action against a waste hauler for exceeding a roadway weight limit or against a waste facility for accepting an overweight vehicle, the Department may use the information in enforcing the daily volume limits at the facility, in selecting locations for routine vehicle inspections and in taking other steps toward reducing the number of overweight waste vehicles.
§ 277.312. Annual operation report.
The Board added subsection (b)(9) on final to require an annual reporting to the Department of radioactive materials detected at the landfill. This requirement was added to allow the Department to track the amount of radioactive material arriving at solid waste facilities and to use the data to better resolve the extent of the problem and for future problem solving.
§ 277.322. Closure.
The Board deleted the proposed requirement in subsection (c)(2) that requires acceptance of the operator's selection of the remediation standard because the decision may be impacted by other closure considerations. The Board added subsections (e) and (f) to allow the Department to approve modifications to the frequency of groundwater sampling during the post closure period if the operator demonstrates that the parameter has not caused or contributed to groundwater degradation and that the parameter is unlikely to cause or contribute to groundwater degradation in the future. The Board added subsection (g) to authorize the Department to reinstate the more frequent monitoring requirements for any parameter if the Department has reason to believe that the parameter may cause or contribute to groundwater degradation.
One commentator questioned why the remediation standards do not reference the cleanup standards in Chapter 250 (relating to the land recycling program). The Board declined to make changes to address this. The remediation standards incorporated into this rulemaking parallel the Federal requirements and are identical to those that apply to municipal waste landfills, which are Federally mandated.
CHAPTER 279. TRANSFER FAILITIES.
Subchapter B. APPLICATION REQUIREMENTS FOR TRANSFER FACILITIES
GENERAL § 279.102. Operating plan.
The Board amended subsection (c), requiring that safety measures to prevent injuries be part of the facility operating plan. The Board added subsection (f), requiring that procedures for inspection and monitoring of incoming waste be included in the application.
§ 279.103. Maps and related information.
The Board added a requirement in new subsection (a)(8) that an application for a transfer facility indicate on the topographic map a designated area for vehicles for use in the event of detection of waste containing radioactive material. This provision is the same as the provision added for municipal waste landfills, in § 273.133 (relating to map and grid requirements), which was previously discussed in more detail.
§ 279.104. Plan for access roads.
A comment was received for facilities other than transfer facilities that the proposed requirement that access road design include adequate handling of traffic flow to a facility is vague, as it does not provide clear standards. The Board agreed with this comment and has deleted the proposed requirement for all waste facilities, including transfer stations.
§ 279.105. Soil erosion and sedimentation control plan.
The Board added the term ''erosion and sedimentation control'' to the title, as this is more descriptive of the contents of the section.
§ 279.110. Radiation protection action plan.
The Board has added a new section in the final-form rulemaking requiring that an application for a transfer facility contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting. This provision is the same as the provision added for municipal waste landfills, in § 273.140a (relating to radiation protection action plan), which was previously discussed in more detail.
§ 279.111. Daily volume.
The Board added a new section requiring the applicant to state and justify a proposed maximum daily volume. This requirement builds on practices already in place and is drawn from § 273.140 (relating to daily volume) of the municipal waste landfill chapter. Establishing daily volumes involves, in part, analyzing odors, facility traffic and other factors under the environmental assessment of § 271.127 (relating to environmental assessment).
Subchapter C. OPERATING REQUIREMENTS FOR TRANSFER FACILITIES
GENERAL PROVISIONS § 279.201. Basic limitations.
This section has been revised in the final-form rulemaking to specify clearly the types of radioactive materials that might be found in the municipal waste stream that may not be accepted at a transfer facility. These provisions are the same as the provisions added for municipal waste landfills, in § 273.201 (relating to basic limitations), which were previously discussed in more detail.
§ 279.202. Areas where transfer facilities are prohibited.
The Board revised the isolation distance of a transfer facility from a perennial stream in subsection (a)(4) to add an option consistent with revised § 273.202 (relating to areas where municipal waste landfills are prohibited). Under this option, in subparagraph (i), a transfer facility cannot be located within 100 feet of a perennial stream unless storage and processing will not occur within that distance and no adverse hydrologic or water quality impacts will occur. The Board also revised the option in subparagraph (iii) to require that if the transfer facility transfers waste to barges at the transfer facility location, the waste must be containerized. This provision is designed to ensure that the stream is protected from the potential of runoff from precipitation and spillage that could occur through routine operations or accidents.
One commentator questioned why the language allowing a transfer facility to operate within 50 feet of a property line if waste processing is not occurring within that distance was proposed to be deleted. The commentator also asked whether the 50-foot prohibition applies to access roads. In the final-form rulemaking, this subsection has been revised to allow a transfer facility to operate within 50 feet of a property line if the operator demonstrates that actual processing of waste is not occurring within that distance. This would allow access roads to be located within 50 feet of a property line. The final-form rulemaking also allows storage and processing to occur within 50 feet of a property line if the storage and processing take place in an enclosed facility.
DAILY OPERATIONS § 279.211. Signs and markers.
One commentator suggested that the sign requirements should continue to require the name, address and telephone number of the organization operating the facility. The Board agrees and retains the name, business address and telephone number of the person or municipality that operates the facility, the operating hours and permit identification number.
§ 279.214. Measurement and inspection of waste.
The Board amended this section to be consistent with the other chapters in this article. A transfer facility must inspect and monitor incoming waste to ensure that the receipt of waste is consistent with Article VIII and, if the facility receives 30,000 or more cubic yards of solid waste in a calendar year, the facility shall weigh the waste when it is received. Standards for the weigh scale and a licensing requirement for the operator of the scale are included.
§ 279.215. Operations and equipment.
A commentator stated that deleting the requirement that standby equipment be available within 24 hours weakens this section since the purpose of transfer is one of convenience. The commentator suggested that if the transfer station is not fully functional, then the requirement should be redirection of the waste loads to another facility. The Board declined to make an additional change because it is up to the facility operator to determine how the operation of the facility can be maintained in times of equipment breakdown, as long as harm to persons or the environment is not a threat.
The inspection and monitoring requirement that was proposed to be added in this section has been deleted because it was moved into § 279.214 (relating to measurement and inspection of waste). The requirement to monitor and inspect incoming waste for radioactive isotopes was deleted. In response to public comments received on this section, this requirement was refined and moved to various other sections throughout the final-form rulemaking.
A commentator submitted comments on subsection (c). The commentator suggested that the Board clarify the amount of inspection necessary for an operator to determine the characteristics of incoming waste. The Board has clarified this in § 279.110 (relating to radiation protection action plan) and § 279.222 (relating to radiation monitoring and response). More detailed information on monitoring and inspection is provided in the Department's Guidance Document on Radioactivity Monitoring at Solid Waste Processing and Disposal Facilities, document number 250-3100-001, which is cross referenced in these sections.
The commentator requested that the specific level that would trigger rejection of a load of waste containing radioactive material be stated in the regulations. In response to this comment, the Board included in § 279.222 the levels at which an operator must immediately isolate a vehicle and notify the Department. One level is for radiation dose rates detected in the cab and the other level is for radiation detected from any other surface.
Once notified, the Department staff and possibly staff from Federal agencies will assist the facility and its consultants in identifying, localizing and quantifying the radioactive material in the load. This is a stepwise investigative process that will ultimately determine what corrective action is needed. The entire problem may be in one bag or the whole load may require disposal. These procedures are further described in the guidance document previously mentioned. It is noted that there is a lower alarm level which calls for the facility to investigate the problem in accordance with its approved action plan, guidelines for which are set forth in the guidance document. In the range between this lower alarm level (Action Level I) and the levels above where the Department is called immediately (Action Level II), a facility has a variety of options available, including rejection of the load and sending it back to origin providing that a Department of Transportation Exemption is obtained from the Department. At levels at or above Action Level II, special handling of the radioactive material will be required and simple rejection is not permissible.
The commentator also asked the Board to examine the costs and capital necessary for transfer facilities to monitor and inspect waste for radioactive material. The commentator asked that the Board consider establishing a reasonable time frame for compliance with the new regulations if the costs were significant. In response, the Department analyzed the costs necessary to inspect for radioactive materials and determined that the costs of installing the equipment and implementing the required procedures is minimal compared to the costs associated with managing radioactive wastes that have been improperly disposed in a landfill or resource recovery facility. Nevertheless, to accommodate the transition, the Board included a new section, § 271.114 (relating to transition period), which establishes a schedule by which each regulated facility is to come into compliance with the new requirements.
§ 279.219. Nuisance minimization and control.
The Board amended the title of this section to be consistent with the revisions made to this section in the proposed rulemaking and to be consistent with the other chapters. The Board also deleted the unnecessary word ''also'' from the proposed revision to subsection (b).
§ 279.222. Radiation monitoring and response.
This new section has been added to the final-form rulemaking to address monitoring for and responding to radioactive materials in the municipal waste stream. This section is the same as the section added for municipal waste landfills, § 273.223 (relating to radiation monitoring and response), which was previously discussed in more detail.
§ 279.223. Daily volume.
The Board added to the final-form regulations an operating requirement based on the general application requirement concerning daily volume proposed for acceptance at a facility (§ 279.111).
SOIL AND WATER PROTECTION § 279.233. Soil and groundwater monitoring.
The Board amended this section and added new language clarifying that water quality monitoring requirements, assessment and abatement plans and recordkeeping requirements are the same as in Chapter 273. This was done by cross-referencing those sections from Chapter 273. Subsection (b) was added to clarify certain terms from Chapter 273 as they apply to a transfer station.
RECORDKEEPING AND REPORTING § 279.251. Daily operational records.
Subsection (b)(11) has been added on final to require information to be kept in the daily record describing radioactive materials detected in waste loads. This requirement is the same as the requirement added for municipal waste landfills, in § 273.311 (relating to daily operational records), which is discussed in more detail above.
§ 279.252. Annual operation report.
The Board added subsection (b)(6) on final to require an annual reporting to the Department of radioactive materials detected at a transfer facility. This requirement was added to allow the Department to track the amount of radioactive material arriving at solid waste facilities and to use the data to better resolve the extent of the problem and for future problem solving.
CESSATION AND CLOSURE § 279.262. Cessation of operations.
The Board added language in § 279.262(c) to incorporate the remediation standards in § 271.342(b)(4) for final closure certification for the Department when considering whether to discontinue groundwater monitoring.
CHAPTER 281. COMPOSTING FACILITIES.
Subchapter A. GENERAL § 281.1. Scope.
A commentator believes that the current regulations deter the development of composting facilities due to the bonding requirements that are in place. The commentator stated that as they are currently written, the regulations treat composting facilities like trash handling facilities for bonding purposes. The commentator added that composting facilities and landfills are very different entities yet they carry the same bonding conditions. The Board does not agree that any change is required in response to these comments. In developing the bonding forms, the Department must account for the cost to remediate the site should remediation become necessary. For composting, the bond is primarily based upon the cost to transport and dispose of the waste to a municipal waste landfill. The bonding forms are generic enough to account for each site's design and operating procedures when determining bonding costs.
Subchapter B. APPLICATION REQUIREMENTS FOR GENERAL COMPOSTING FACILITIES
PLANS § 281.111. Operating plan.
The Board added paragraph (11) requiring that procedures for inspection and monitoring of incoming waste be included in the application.
§ 281.112. Maps and related information.
The Board added a requirement in new subsection (a)(20) that an application for a commercial composting facility that will receive sewage sludge or unseparated municipal waste, or both, indicate on the topographic map a designated area for vehicles for use in the event of the detection of waste containing radioactive material. This provision is the same as the provision added for municipal waste landfills, in § 273.133 (relating to map and grid requirements), which is discussed in more detail above.
§ 281.115. Plan for access roads.
A commentator objected to the addition of a road specification to the plan and the phrase ''adequately handle''. The comment suggested that any access road specification should properly be addressed in § 281.212. The Board agrees on both issues. The proposed language has been deleted from § 281.115, retaining the current regulatory language only. No additional changes are incorporated into § 281.212 from the proposed rulemaking.
§ 281.119. Radiation protection action plan.
The Board has added a new section in the final-form rulemaking requiring that an application for a commercial composting facility that will receive sewage sludge or unseparated municipal waste, or both, contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting. This provision is the same as the provision added for municipal waste landfills, in § 273.140a (relating to radiation protection action plan), which was previously discussed in more detail. This section has also been added in Chapters 277, 279 and 283.
COMPOSTING § 281.123. Daily volume.
The Board added a new section requiring the applicant to state and justify a proposed maximum daily volume. This builds on practices already in place and is drawn from § 273.140 (relating to daily volume) of the municipal waste landfill chapter. Establishing daily volumes involves, in part, analyzing odors, facility traffic and other factors under the environmental assessment of § 271.127 (relating to environmental assessment).
Subchapter C. OPERATING REQUIREMENTS FOR GENERAL COMPOSTING FACILITIES
GENERAL PROVISIONS § 281.201. Basic limitations.
This section has been revised in the final-form rulemaking to specify clearly the types of radioactive materials that might be found in the waste stream that may not be accepted at a general composting facility. These provisions are the same as the provisions added for municipal waste landfills, in § 273.201 (relating to basic limitations), which were previously discussed in more detail.
§ 281.202. Areas where general composting facilities are prohibited.
The Board revised the isolation distance of a general composting facility from a perennial stream in subsection (a)(4) to add an option consistent with revised § 273.202 (relating to areas where municipal waste landfills are prohibited). Under this option, in subparagraph (i), a general composting facility cannot be located within 100 feet of a perennial stream unless storage and processing will not occur within that distance and no adverse hydrologic or water quality impacts will occur.
In the final-form rulemaking, the setback from a property line in subsection (a)(5) has been revised to allow a general composting facility to operate within 50 feet of a property line if the operator demonstrates that actual processing of waste is not occurring within that distance. This would allow access roads to be located within 50 feet of a property line. The final-form rulemaking also allows storage and processing to occur within 50 feet of a property line if the storage and processing take place in an enclosed facility.
DAILY OPERATIONS § 281.211. Signs and markers.
One commentator suggested that the sign requirements should continue to require the name, address and telephone number of the organization operating the facility. The Board agrees and retains the name, business address and telephone number of the person or municipality that operates the facility, the operating hours and permit identification number.
§ 281.214. Measurement and inspection of waste.
The Board amended the word ''measuring'' in the title to ''measurement,'' to be consistent with other chapters.
Subsection (a) has been amended to reflect the repeal of the Weights and Measures Act of 1965 and the Public Weighmasters Act of 1961. Both acts were replaced with the Consolidated Weights and Measures Act of 1996.
Subsection (c) has been amended to delete the requirement to monitor and inspect incoming waste for radioactive isotopes. In response to public comments received on subsection (c), this requirement was refined and moved to the various other sections throughout the final-form rulemaking. For further discussion, see § 273.214 (relating to measurement and inspection of waste).
§ 281.218. Nuisance minimization and control.
The Board amended the title of this section to be consistent with the revisions made to this section in the proposed rulemaking and to be consistent with the other chapters.
One commentator suggested that changing words ''prevent and eliminate'' to ''control and minimize'' does not afford an equal level of protection. The Board declined to make changes to address this comment because experience shows that nuisances cannot always be prevented.
§ 281.221. Radiation monitoring and response.
This new section has been added to the final-form rulemaking to address monitoring for and responding to radioactive materials in the municipal waste stream. This section is the same as the section added for municipal waste landfills, § 273.223 (relating to radiation monitoring and response), which was previously discussed in more detail.
§ 281.222. Daily volume.
The Board added to final-form regulations an operating requirement based on the general application requirement concerning daily volume proposed for acceptance at a facility (§ 281.123).
SOIL AND WATER PROTECTION § 281.254. Soil and groundwater monitoring.
The Board amended this section and added new language clarifying that water quality monitoring requirements, assessment and abatement plans and recordkeeping requirements are the same as in Chapter 273. This was done by cross referencing those sections from Chapter 273. Subsection (b) was added to clarify certain terms from Chapter 273 as they apply to composting facilities.
RECORDKEEPING AND REPORTING § 281.271. Daily operational records.
Subsection (b)(9) has been added on final to require information to be kept in the daily record describing radioactive materials detected in waste loads. This requirement is the same as the requirement added for municipal waste landfills, in § 273.311 (relating to daily operational records), which was previously discussed in more detail.
§ 281.272. Annual operation report.
The Board added subsection (b)(9) on final to require an annual reporting to the Department of radioactive materials detected at a general composting facility. This requirement was added to allow the Department to track the amount of radioactive material arriving at solid waste facilities and to use the data to better resolve the extent of the problem and for future problem solving.
CESSATION AND CLOSURE § 281.282. Cessation of operations.
The Board added language in § 281.282(d) to incorporate the remediation standards in § 271.342(b)(4) for final closure certification for the Department when considering whether to discontinue groundwater monitoring.
CHAPTER 283. RESOURCE RECOVERY AND OTHER PROCESSING FACILITIES A commentator indicated that no air quality regulations address the incineration of municipal waste in conjunction with municipal-like residual waste or for that matter, with residual waste. The commentator stated that while it could be argued that the incinerator operator will still have to meet permit emission levels, only a limited number of toxic metals are tested twice a year; the extremely toxic dioxin and furans are tested only once a year, and many organics and inorganics are never even measured. The commentator also noted that while some permits call for a representative sample of municipal-like residual waste to be included in test samples, no criteria are listed in permits or guidance. The commentator stated it would be nearly impossible to find a representative sample with such a variable and unpredictable waste stream. The commentator added that such an undertaking could destroy the validity of an incinerator operator's testing program. The Board did not change the regulations because the regulations require the applicant to identify the composition and volume of waste that is to be received at the facility. This information is available to and used by the programs within the Department that are required to approve or issue a permit for the operation of the facility.
Another commentator noted that the EPA and the Department's Bureau of Air Quality have recently adopted air quality standards for municipal waste combustors that incorporate a true performance-based capacity limit that is based upon a recent Federal rule. The commentator proposed that the municipal waste regulations also reflect the concept of a performance-based capacity limit. Specifically, the commentator stated that the 4-hour steam limit is set at 110% of the steam production rate achieved during the most recent dioxin emissions testing and the regulations should establish short-term throughput limits in terms of steam produced rather than waste tonnage. The commentator suggested that such a limit quantitatively relates plant capacity with demonstrated environmental performance, and is consistent with the stated goals of the RBI. The Board did not change the regulations because, while short-term throughput, expressed in terms of steam produced, may be appropriate to limit combustor capacity, the Department also considers the impact that the daily volume, expressed as waste tonnage, has on the storage and transportation of waste when issuing waste permits.
Subchapter B. APPLICATION REQUIREMENTS
GENERAL PROVISIONS § 283.103. Maps and related information.
The Board added a requirement in new paragraph (20) that an application for a resource recovery facility or other processing facility indicate on the topographic map a designated area for vehicles for use in the event of the detection of waste containing radioactive material. This provision is the same as the provision added for municipal waste landfills, in § 273.133 (relating to map and grid requirements), which is discussed in more detail above.
§ 283.105. Plan for access roads.
A comment was received for facilities other than resource recovery or processing facilities that the proposed requirement that access road design include adequate handling of traffic flow to a facility is vague as it does not provide clear standards. The Board agreed with this comment and has deleted the proposed requirement for all waste facilities, including resource recovery or processing facilities.
§ 283.113. Radiation protection action plan.
The Board has added a new section in the final-form rulemaking requiring that an application for a resource recovery facility or other processing facility contain an action plan specifying procedures for monitoring for and responding to radioactive material entering the facility, as well as related procedures for training, notification, recordkeeping and reporting. This provision is the same as the provision added for municipal waste landfills, in § 273.140a (relating to radiation protection action plan), which was previously discussed in more detail.
§ 283.114. Daily volume.
The Board added a new section requiring the applicant to state and justify a proposed maximum daily volume. This builds on practices already in place and is drawn from § 273.140 (relating to daily volume) of the municipal waste landfill chapter. Establishing daily volumes involves, in part, analyzing odors, facility traffic and other factors under the environmental assessment of § 271.127 (relating to environmental assessment).
Subchapter C. OPERATING REQUIREMENTS
GENERAL PROVISIONS § 283.201. Basic limitations.
This section has been revised in the final-form rulemaking to specify clearly the types of radioactive materials that might be found in the waste stream that may not be accepted at a processing facility. These provisions are the same as the provisions added for municipal waste landfills, in § 273.201 (relating to basic limitations), which were previously discussed in more detail.
§ 283.202. Areas where resource recovery facilities and other processing facilities are prohibited.
The Board corrected an error in subsection (a)(4) concerning the isolation distance from a perennial stream by deleting the reference to an intermittent stream. The Board also deleted the redundant reference to a perennial stream.
The Board revised the isolation distance from a property line to be consistent with § 279.202 (relating to areas where transfer facilities are prohibited).
DAILY OPERATIONS § 283.211. Signs and markers.
One commentator suggested that the sign requirements should continue to require the name, address and telephone number of the organization operating the facility. The Board agrees and retains the name, business address and telephone number of the person or municipality that operates the facility, the operating hours and permit identification number.
§ 283.214. Measurement and inspection of waste.
Subsection (a) has been amended to reflect the repeal of the Weights and Measures Act of 1965 and the Public Weighmasters Act of 1961. Both acts were replaced with the Consolidated Weights and Measures Act of 1996.
Subsection (c) has been amended to delete the requirement to monitor and inspect incoming waste for radioactive isotopes. In response to public comments received on subsection (c), this requirement was refined and moved to the various other sections throughout the final-form rulemaking. For further discussion, see § 273.214 (relating to measurement and inspection of waste).
§ 283.217. Cleaning and maintenance.
A commentator objects to limiting storage of putrescible waste at a waste-to-energy facility to 24 or 72 hours, stating that these time limits are shorter than what is practical and they are unnecessary. The commentator requests that either the Board delete the storage time limits or extend them up to 120 hours, justifying that environmental impacts associated with waste storage (odor, fugitive emissions, vector control and liner) are adequately addressed in other regulations. The Board disagrees. To minimize the potential for nuisance problems, putrescible waste needs to be removed in the shortest time practicable. While a system can be possibly designed to accommodate a longer time period, the potential and likelihood of problems occurring is greatly increased. The proposed and final period of 72-hours accounts for 3-day weekends when the facility may not be operating.
§ 283.218. Air resources protection.
A commentator expressed two concerns with this section. First, the need to reference the guidance document should be explained since resource recovery facilities must already meet the requirements contained in the Air Pollution Control Act (35 P. S. §§ 4001--4015) and the Federal Clean Air Act. Second, if there is a need to reference the guidance document in this rulemaking, the Board needs to assure that the document is consistent with the Federal regulations. A second commentator believes this reference should be removed and that the BAT Guidelines are inconsistent with the new Federal air emission standards established for waste-to-energy facilities. The BAT guidelines are not regulations and have not undergone the formal regulatory process of public notice and public commentary.
The Board agrees that the Bureau of Air Quality's BAT Guidelines should not be incorporated by reference into this subsection. Therefore, the proposed language in § 283.218 pertaining to ''the most recent edition of the Department's criteria for best available technology'' was not included in the final-form rulemaking. The deletion of language pertaining to BAT Guidelines from this rulemaking, however, does not relieve the owners or operators of new sources from their obligation to comply with applicable BAT requirements authorized by the Air Pollution Control Act and regulations adopted under the act.
§ 283.220. Radiation monitoring and response.
This new section has been added to the final-form rulemaking to address monitoring for and responding to radioactive materials in the municipal waste stream. This section is the same as the section added for municipal waste landfills, § 273.223 (relating to radiation monitoring and response), which was previously discussed in more detail.
§ 283.223. Daily volume.
The Board added an operating requirement based on the general application requirement for daily volume (§ 283.114).
SOIL AND WATER PROTECTION § 283.233. Soil and groundwater monitoring.
The Board amended this section and added new language clarifying that water quality monitoring requirements, assessment and abatement plans and recordkeeping requirements are the same as in Chapter 273. This was done by cross-referencing those sections from Chapter 273. Subsection (b) was added to clarify certain terms from Chapter 273 as they apply to resource recovery or processing facilities.
RECORDKEEPING AND REPORTING § 283.261. Daily operational records.
Subsection (b)(11) has been added on final to require information to be kept in the daily record describing radioactive materials detected in waste loads. This requirement is the same as the requirement added for municipal waste landfills, in § 273.311, which was previously discussed in more detail.
Subsection (b)(12) has been added on final to require a facility operator to identify vehicles that have arrived at the facility over the maximum gross weight allowed on the roadways of this Commonwealth under section 4941 of the Vehicle Code. This requirement is designed to help reduce the number of overweight waste vehicles traveling on the roadways of this Commonwealth. While the Department will not use this part of the daily operational record to institute a direct enforcement action against a waste hauler for exceeding a roadway weight limit or against a waste facility for accepting an overweight vehicle, the Department may use the information in enforcing the daily volume limits at the facility, in selecting locations for routine vehicle inspections and in taking other steps toward reducing the number of overweight waste vehicles.
§ 283.262. Annual operation report.
The Board added subsection (b)(6) on final to require an annual reporting to the Department of radioactive materials detected at a resource recovery facility or other processing facility. This requirement was added to allow the Department to track the amount of radioactive material arriving at solid waste facilities and to use the data to better resolve the extent of the problem and for future problem solving.
§ 283.264. Recycling fee.
When the proposed regulations were published, the recycling fee had recently been extended under an amendment to the Administrative Code. Since then, the ESWPA further extended the fee. Because of the frequent statutory amendments, the Board has revised subsection (a) so that it no longer identifies a fee termination date, but instead states that the fee shall terminate in accordance with statute.
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