[30 Pa.B. 6685]
[Continued from previous Web Page]
CESSATION AND CLOSURE § 283.272. Cessation of operations.
The Board added language in subsection (c) to incorporate the remediation standards in § 271.342 (b)(4) for final closure certification for the Department when considering to discontinue groundwater monitoring.
Subchapter D. ADDITIONAL APPLICATION REQUIREMENTS FOR SPECIAL HANDLING WASTES § 283.302. (Reserved).
This section has been relocated to § 284.311.
Subchapter E. ADDITIONAL OPERATING REQUIREMENTS FOR SPECIAL HANDLING WASTES § 283.402. (Reserved).
This section has been relocated to § 284.321.
CHAPTER 284. INFECTIOUS AND CHEMOTHERAPEUTIC WASTE The proposed rulemaking requested comments regarding consideration by the Department to consolidate the infectious and chemotherapeutic waste regulations into one chapter. Six commentators strongly recommended that, for purposes of clarity and ease of use, the infectious and chemotherapeutic waste regulations should be consolidated. A consolidation is clearly within the scope and spirit of the Governor's Executive Order 1996-1 and the Regulatory Basics Initiative. The Board agrees. The final-form rulemaking consolidates infectious and chemotherapeutic waste requirements into this chapter.
Two commentators objected to the use of general permitting across the board, and especially when infectious waste is the subject. The Board affirms that the general permitting process is appropriate for the approval of new infectious waste processing technologies. Only the generator of the waste will qualify for general permit coverage, and the general permit will only be issued for the processing of infectious waste at doctor's offices, hospitals or other medical treatment facilities.
For the reader's ease, the Department has created the following table, which cross-references the old location and new location of the regulations in this chapter:
ICW Regulations in Chapter 284
Former Pa. Code Reference New Pa. Code Reference Title 25, § 271.102 Title 25, § 284.2 Title 25, § 271.711 Title 25, § 284.101 Title 25, § 271.712 Title 25, § 284.102 Title 25, § 271.721 Title 25, § 284.111 Title 25, § 271.722 Title 25, § 284.112 Title 25, § 271.723 Title 25, § 284.113 Title 25, § 271.724 Title 25, § 284.114 Title 25, § 271.725 Title 25, § 284.115 Title 25, § 271.731 Title 25, § 284.121 Title 25, § 271.732 Title 25, § 284.122 Title 25, § 271.741 Title 25, § 284.131 Title 25, § 271.742 Title 25, § 284.132 Title 25, § 271.743 Title 25, § 284.133 Title 25, § 283.302 Title 25, § 284.311 Title 25, § 283.402 Title 25, § 284.321 Title 25, § 285.132 Title 25, § 284.419 Title 25, § 285.142 Title 25, § 284.411 Title 25, § 285.143 Title 25, § 284.412 Title 25, § 285.144 Title 25, § 284.413 Title 25, § 285.145 Title 25, § 284.414 Title 25, § 285.146 Title 25, § 284.415 Title 25, § 285.147 Title 25, § 284.416 Title 25, § 285.148 Title 25, § 284.417 Title 25, § 285.222 Title 25, § 284.512 Title 25, § 285.223 Title 25, § 284.513 Title 25, § 285.224 Title 25, § 284.514 Title 25, § 285.301 Title 25, § 284.601 Title 25, § 285.302 Title 25, § 284.602 Title 25, § 285.303 Title 25, § 284.603 Title 25, § 285.311 Title 25, § 284.611 Title 25, § 285.312 Title 25, § 284.612 Title 25, § 285.321 Title 25, § 284.621 Title 25, § 285.322 Title 25, § 284.622 Title 25, § 285.323 Title 25, § 284.623 Title 25, § 285.324 Title 25, § 284.624 Title 25, § 285.325 Title 25, § 284.625 Title 25, § 285.331 Title 25, § 284.631 Title 25, § 285.332 Title 25, § 284.632 Title 25, § 285.333 Title 25, § 284.633 Title 25, § 285.334 Title 25, § 284.634 Title 25, § 285.341 Title 25, § 284.641 Title 25, § 285.342 Title 25, § 284.642 Title 25, § 285.343 Title 25, § 284.643 Title 25, § 285.344 Title 25, § 284.644 Title 25, § 285.345 Title 25, § 284.645 Title 25, § 285.401 Title 25, § 284.701 Title 25, § 285.402 Title 25, § 284.702 Title 25, § 285.403 Title 25, § 284.703 Title 25, § 285.411 Title 25, § 284.711 Title 25, § 285.412 Title 25, § 284.712 Title 25, § 285.413 Title 25, § 284.713 Title 25, § 285.414 Title 25, § 284.714 Title 25, § 285.421 Title 25, § 284.721 Title 25, § 285.422 Title 25, § 284.722 Title 25, § 285.423 Title 25, § 284.723 Title 25, § 285.424 Title 25, § 284.724 Title 25, § 285.431 Title 25, § 284.731 Title 25, § 285.432 Title 25, § 284.732 Title 25, § 285.433 Title 25, § 284.733 Title 25, § 285.434 Title 25, § 284.734
Subchapter A. GENERAL PROVISIONS § 284.1. Scope.
This section was added to solidify the consolidation of the infectious and chemotherapeutic waste regulations into one chapter.
§ 284.2. Permit by rule for infectious or chemotherapeutic waste processing facilities; qualifying facilities; general requirements.
This section is the former § 271.102 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is no other change from the proposed rulemaking except to add a clarification regarding the requirement of managing resulting ash. One commentator objected to the Department's distinction between ''onsite'' and ''offsite'' autoclave facilities under the § 271.102 (now § 284.2 in final-form rulemaking) permit-by-rule permitting provisions. The Board proposed changes to this section in order to clarify the limitations under which permit-by-rule facilities must operate, so as to maintain their permit-by-rule status. ''Onsite'' facilities have been afforded permit-by-rule permitting since 1992. It is the Board's position that the ''onsite'' handling and autoclaving of infectious waste eliminates the need for ''offsite'' transportation and processing of the waste. This ''onsite'' management also reduces the potential for adverse public health and environmental impacts. The Board declined to expand the scope of this section beyond ''onsite'' facilities.
§ 284.101. Authorization for general permits.
This section is the former § 271.711 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is no other change from the proposed rulemaking except to limit chemotherapeutic waste processing to stationary facilities and infectious waste processing to either mobile or stationary facilities.
§ 284.102. Nature of a general permit; substitution for individual applications and permits.
This section is the former § 271.712 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is no other change from the proposed rulemaking.
ISSUANCE OF A GENERAL PERMIT § 284.111. Application for general permit.
§ 284.112. Completeness review.
These sections are the former §§ 271.721 and 271.722 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from the proposed rulemaking or current regulations.
§ 284.113. Public notice and review period.
This section is the former § 271.723 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is one change from the proposed rulemaking: notifications during the comment period for those applications that would operate under an approved general permit on the effective date of the permit have been deleted. This process slowed down the original application review. The Department no longer accepts these applications. The applications that would operate under an issued general permit are registrations or determinations of applicability.
§ 284.114. Approval or denial of an application.
This section is the former § 271.724 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is no other change from current regulations.
§ 284.115. Department-initiated general permits.
This section is the former § 271.725 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is one change from the proposed rulemaking: notifications during the comment period for those applications that would operate under an approved general permit on the effective date of the permit have been deleted. This process slowed down the original application review. The Department no longer accepts these applications. The applications that would operate under an issued general permit are registrations or determinations of applicability.
CONTENTS OF GENERAL PERMITS AND WAIVERS § 284.121. Contents of general permits.
This section is the former § 271.731 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is no other change from the proposed rulemaking.
§ 284.122. Waiver or modification of certain requirements.
This section is the former § 271.732 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. One commentator asked that the original regulations be retained. The substance of this section has been retained. On final-form rulemaking, language has been added, however, that clarifies the Department's intention not to waive the permit application requirements in § 271.123 pertaining to the Commonwealth's right of entry and the landowner's consent to solid waste processing and beneficial use activities. The revisions to this section have been made to be consistent with the parallel sections for general permits for municipal waste and residual waste activities. Although the requirements of this section cannot be waived, the Department may modify the requirements. Circumstances relating to the imminent sale of property present an example of when the Department has modified the requirements in an effort to work with the existing and future landowners to meet the regulatory obligations of a landowner. In addition, the reference in subsection (b) to Subchapter D has been deleted to correct an error in the proposed rulemaking.
REGISTRATION AND DETERMINATION OF APPLICABILITY § 284.131. Authorization for persons or municipalities to be included in a general permit.
§ 284.132. Determination of applicability.
§ 284.133. Registration.
These sections are the former §§ 271.741--271.743 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from the proposed rulemaking.
Subchapter C. TRANSFER FACILITIES § 284.201. Scope.
This section was added to frame the application and operating requirements for the general permitting of transfer stations as a result of the consolidation of the infectious and chemotherapeutic waste regulations into one chapter.
§ 284.210. Application requirements.
This section was added to frame the application requirements for the general permitting of transfer stations as a result of the consolidation of the infectious and chemotherapeutic waste regulations into one chapter.
§ 284.220. Operating requirements.
This section was added to frame the operating requirements for the general permitting of transfer stations as a result of the consolidation of the infectious and chemotherapeutic waste regulations into one chapter.
Subchapter D. PROCESSING FACILITIES § 284.301. Scope.
This section was added to frame the application and operating requirements for the general permitting of processing facilities as a result of the consolidation of the infectious and chemotherapeutic waste regulations into one chapter.
§ 284.310. Application requirements.
This section was added to frame the application requirements for the general permitting of processing facilities as a result of the consolidation of the infectious and chemotherapeutic waste regulations into one chapter.
§ 284.311. Plan for monitoring.
This section is the former § 283.302 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is no other change from the proposed rulemaking except to change the reference resulting from the consolidation into this chapter.
§ 284.320. Operating requirements.
This section was added to frame the operating requirements for the general permitting of processing facilities as a result of the consolidation of the infectious and chemotherapeutic waste regulations into one chapter.
§ 284.321. Infectious waste monitoring requirements.
This section is the former § 283.402 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is no other change from the proposed rulemaking.
Subchapter E. STORAGE § 284.401. Scope.
This section was added to frame the operating requirements for storage for the general permitting of transfer stations and processing facilities as a result of the consolidation of the infectious and chemotherapeutic waste regulations into one chapter.
§ 284.411. Basic storage requirements.
This section is the former § 285.142 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are two changes from the proposed rulemaking. One deletes the lower temperature from the temperature range regarding refrigeration or freezing. The deletion clarifies the requirement and is protective of public health and safety. Also, language was revised in subsection (a)(6) to prevent unauthorized access to waste stored in enclosures and containers. The intent never was to exclude either an enclosure or a container.
The Board added a new subsection (d) to allow the movement of different wastes in a facility, such as a hospital, on the same cart as long as the wastes are sorted and separately containerized.
§ 284.412. Sorting.
§ 284.413. Duration of storage of infectious waste for generators.
These sections are the former §§ 285.143 and 285.144 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no others change from the current regulations.
§ 284.414. Duration of storage of infectious waste for processors.
This section is the former § 285.145 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are two changes from the proposed rulemaking. One increases the duration of storage, and another deletes the lower temperature from the temperature range regarding refrigeration or freezing. The deletion clarifies the requirement and is protective for public health and safety. Feedback from transporters identified storage problems encountered on holidays and weekends.
§ 284.415. Storage containers.
This section is the former § 285.146 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are two changes from the proposed rulemaking. One includes additional colors for infectious waste packaging, and another changes a reference from the consolidation into this chapter. The additional colors mirror the Federal OSHA requirements.
§ 284.416. Marking of containers.
This section is the former § 285.147 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is a change from the proposed rulemaking. The Board deleted subsection (d) and replaced it with new language that clarifies proposed rulemaking text and incorporates the new OSHA standards for packaging.
§ 284.417. Reuse of containers.
This section is the former § 285.148 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. One commentator recommended that cardboard boxes should not be reused or recycled and must be managed as infectious or chemotherapeutic waste. Subsection (b) (formerly § 285.148(b)) specifically allows for the reuse of cardboard boxes which had contained infectious or chemotherapeutic waste provided the surface of the container was protected from direct contact with the waste. Reuse of these containers for infectious and chemotherapeutic waste continues to be appropriate, so the Board has retained this provision in the final-form rulemaking.
§ 284.418. Storage and containment of ash residue from infectious or chemotherapeutic waste incineration.
This section was added to identify these requirements. The language is identical to § 285.131 (relating to storage and containment of ash residue from municipal waste incineration, including from infectious or chemotherapeutic waste incinerations), which could not be moved to this chapter because those requirements are still applicable to ash residue from municipal waste incineration that is not from infectious or chemotherapeutic waste incineration.
§ 284.419. Storage and containment of processing residue from an infectious or chemotherapeutic waste processing facility.
This section is the former § 285.132 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is no other change from current regulations.
Subchapter F. COLLECTION AND TRANSPORTATION
GENERAL § 284.501. Scope.
This section was added to frame the operating requirements for collection and transportation for the general permitting of transfer stations and processing facilities as a result of the consolidation of the infectious and chemotherapeutic waste regulations into one chapter.
TYPES OF WASTE § 284.511. Transportation of ash residue from infectious or chemotherapeutic waste incineration.
This section was added to identify these requirements. The language is identical to § 285.221 (relating to transportation of ash residue from municipal waste incineration and from infectious or chemotherapeutic waste incineration), which could not be moved to this chapter because those requirements are still applicable to ash residue from municipal waste incineration that is not from infectious or chemotherapeutic waste incineration.
§ 284.512. Transportation of infectious and chemotherapeutic waste; general provisions.
This section is the former § 285.222 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. The Board amended this section to delete the lower temperature from the temperature range regarding refrigeration or freezing. The deletion clarifies the requirement and is protective of public health and safety.
§ 284.513. Transportation of infectious and chemotherapeutic waste; additional provisions.
This section is the former § 285.223 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are two changes from the proposed rulemaking. One includes additional colors for infectious waste packaging, and another changes a reference from the consolidation into this chapter. The additional colors mirror the Federal OSHA requirements.
§ 284.514. Transportation of processing residue from an infectious or chemotherapeutic waste facility.
This section is the former § 285.224 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is no other change from current regulations.
Subchapter G. TRANSPORTER LICENSING FOR INFECTIOUS AND CHEMOTHERAPEUTIC WASTE
GENERAL PROVISIONS § 284.601. Scope.
§ 284.602. License requirement.
§ 284.603. Identification number.
These sections are the former §§ 285.301--285.303 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from current regulations.
LICENSE APPLICATION REQUIREMENTS § 284.611. General application requirements.
§ 284.612. Vehicular liability insurance.
These sections are the former §§ 285.311--285.312 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from the proposed rulemaking or current regulations.
LICENSE APPLICATION REVIEW § 284.621. Criteria for license issuance or denial.
§ 284.622. Term of license.
§ 284.623. Conditions of licenses.
§ 284.624. License renewal.
§ 284.625. Public notice.
These sections are the former §§ 285.321--285.325 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from current regulations.
OPERATIONAL REQUIREMENTS § 284.631. Basic limitations.
This section is the former § 285.331 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is one change from the proposed rulemaking in the reference resulting from the consolidation into this chapter.
§ 284.632. Infectious or chemotherapeutic waste discharges or spills.
§ 284.633. Safety.
§ 284.634. Annual report.
These sections are the former §§ 285.332--285.334 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from current regulations.
BOND § 284.641. Bond requirement.
§ 284.642. Release of bond.
§ 284.643. Bond forfeiture.
§ 284.644. Replacement of existing bond.
§ 284.645. Preservation of remedies.
These sections are the former §§ 285.341--285.345 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from current regulations.
Subchapter H. MANIFESTING FOR INFECTIOUS AND CHEMOTHERAPEUTIC WASTE
GENERAL § 284.701. Scope.
§ 284.702. Transfer facilities.
§ 284.703. Recordkeeping.
These sections are the former §§ 285.401--285.403 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from current regulations.
GENERATOR RESPONSIBILITIES § 284.711. Use of manifest.
§ 284.712. Preparation of manifest.
§ 284.713. Generator's distribution of copies.
These sections are the former §§ 285.411--285.413 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from the proposed rulemaking or current regulations.
§ 284.714. Exception reporting.
This section is the former § 285.414 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. One change on final-form rulemaking extends the amount of time a generator has to report a manifest discrepancy.
TRANSPORTER RESPONSIBILITIES § 284.721. Basic requirements.
§ 284.722. Preparation and use of manifest.
§ 284.723. Waste delivery.
§ 284.724. Transportation limitations.
These sections are the former §§ 285.421--285.424 and have been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from the proposed rulemaking or current regulations.
FACILITY RESPONSIBILITIES § 284.731. Scope.
This section is the former § 285.431 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There are no other changes from the proposed rulemaking or current regulations.
§ 284.732. Use of manifest.
This section is the former § 285.432 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. Minor clarifications have been made to subsection (a) including the update of a cross-reference.
§ 284.733. Distribution of copies.
This section is the former § 285.433 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. One change from the proposed rulemaking increases the number of days from 7 to 14 to send a manifest copy to the generator of the waste. Feedback from transporters indicates that an increase would account for long hauls, holidays, weekends and intransit storage. This is an administrative requirement.
§ 284.734. Significant discrepancies.
This section is the former § 285.434 and has been moved to this chapter to consolidate infectious and chemotherapeutic waste into one chapter. There is no other change from current regulations.
CHAPTER 285. STORAGE, COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE
Subchapter A. STORAGE OF MUNICIPAL WASTE
SCOPE § 285.101. Scope.
A reference revision was made to this section that was previously overlooked.
GENERAL § 285.112. Design and operation.
The Board added subsection (c) to indicate that water quality monitoring requirements and a groundwater assessment plan may be required and are the same as in Chapter 273. Cross-referencing those sections from Chapter 273 did this. The Board also required groundwater monitoring for sewage sludge impoundments constructed after January 25, 1997 and for leachate storage impoundments.
§ 285.117. Emergency storage.
A commentator questioned if 5 days is a reasonable time period for a facility to submit a permit modification. This requirement has been successfully implemented in the residual waste program since 1992. The requisite permit modification application includes a narrative describing the emergency, current or future activities and may include some plan drawings. The narrative and plans can reasonably be submitted in 5 days.
ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF WASTE § 285.132. (Reserved).
This section has been relocated to § 284.419.
ADDITIONAL REQUIREMENTS FOR INFECTIOUS AND CHEMOTHERAPEUTIC WASTE §§ 285.142--285.148. (Reserved).
These sections have been relocated to §§ 284.411--284.417.
Subchapter B. COLLECTION AND TRANSPORTATION OF MUNICIPAL WASTE
SCOPE § 285.201. Scope.
A correction was made to references as a result of the consolidation into Chapter 284.
GENERAL PROVISIONS § 285.211. General requirements.
A commentator requested that this section be amended to provide that the tarps used are water resistant and of a fine mesh type thereby preventing many of the problems that are associated with the bulky heavy ''waterproof'' tarps. The proposed regulations already required that tarps be water resistant, which is retained in the final-form rulemaking. Also, as long as the performance standards are met, the mesh type can vary.
The Board has added subsection (c) to prohibit the combining of waste with source separated recyclable materials in a collection or transportation vehicle. Act 101 established that waste reduction and recycling are preferable to the processing or disposal of municipal waste. Act 101 provided specific waste reduction and recycling goals, and targets for the attainment of these goals, to encourage the development of waste reduction and recycling as a means of managing municipal waste. By removing recyclables from the municipal waste stream, the Commonwealth benefits through the conservation and recovery of valuable resources and energy, and Commonwealth industries benefit from a reliable supply of reusable feedstock materials. The Department is receiving complaints of waste haulers combining source separated recyclable materials with the trash picked up on the same route. Mixture of recyclable materials and waste materials within waste collection vehicles decreases the efficiency of processing recyclable materials into commodities and feedstocks, increases the amount of residue requiring processing or disposal due to contamination from contact with waste materials, and reduces the amount of reusable material that can be returned to the economic mainstream in the form of raw materials or products. Loss of these commodities impairs the Commonwealth's scrap and recycling industries that have historically purchased, processed and marketed recoverable materials, and it erodes the orderly, incremental and long-term commitment of the Commonwealth to an effective and coherent solid waste management strategy.
§ 285.214. Transportation equipment cleaning area and securing loads in vehicles.
A commentator requested deletion of the sentence ''The load shall be no higher than the solid sides of the vehicle'' in subsection (b)(1). The commentator asserts that allowance needs to be made for shifting of loads in transit and for the possible unevenness of loads of construction and demolition waste. The Board does not agree. This requirement is a statutory requirement found in section 4903(c.1) of the Vehicle Code. It protects against the potential for waste to fall from a vehicle if waste is higher than the solid side of the vehicle and helps to further prevent litter and other nuisances from occurring.
§ 285.219. Transporting foodstuffs and feedstuffs in vehicles used to transport waste.
A commentator proposed language for a vehicle used to transport municipal, residual or hazardous waste, or any chemical or liquid, in bulk, which is not a food product or produce, to be thoroughly cleansed and sanitized and thereafter be used to haul a food product or produce intended for human or livestock consumption. A number of requirements for cleaning and sanitizing are also included in this comment. The Board did not accept this language. The statutory prohibition against backhauling, upon which this regulation is based, is absolute and does not make an exception for vehicles that have been cleaned. See section 4909 of the Vehicle Code.
TYPES OF WASTE §§ 285.222--285.224. (Reserved).
These sections have been relocated to §§ 284.512--284.514.
Subchapter C. TRANSPORTER LICENSING FOR INFECTIOUS AND CHEMOTHERAPEUTIC WASTE
GENERAL PROVISIONS §§ 285.301--285.303. (Reserved).
These sections have been relocated to §§ 284.601--284.603.
LICENSE APPLICATION REQUIREMENTS §§ 285.311--285.312. (Reserved).
These sections have been relocated to §§ 284.611--284.612.
LICENSE APPLICATION REVIEW §§ 285.321--285.325. (Reserved).
These sections have been relocated to §§ 284.621--284.625.
OPERATIONAL REQUIREMENTS §§ 285.331--285.334. (Reserved).
These sections have been relocated to §§ 284.631--284.634.
BOND §§ 285.341--285.345. (Reserved).
These sections have been deleted and moved to §§ 284.641--284.645.
Subchapter D. MANIFESTING FOR INFECTIOUS AND CHEMOTHERAPEUTIC WASTE §§ 285.401--285.403. (Reserved).
These sections have been relocated §§ 284.701--284.703.
GENERATOR RESPONSIBILITIES §§ 285.411--285.414. (Reserved).
These sections have been relocated to §§ 284.711--284.714.
TRANSPORTER RESPONSIBILITIES §§ 285.421--285.424. (Reserved).
These sections have been relocated to §§ 284.721--284.724.
FACILITY RESPONSIBILITIES §§ 285.431--285.434. (Reserved).
These sections have been relocated to §§ 284.731--284.734.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the proposed regulation.
Benefits
The final amendments to the municipal waste regulations clarify existing regulations; eliminate many requirements that are more stringent than standards imposed by Federal law; eliminate requirements which are no longer necessary or are redundant; encourage performance-based requirements; encourage green technologies; and support a pollution prevention approach.
Numerous changes are made to encourage flexibility and innovation by facility operators. The final amendments to the technical standards for municipal waste facilities, for example daily cover requirements, focus on providing performance standards instead of design standards wherever appropriate. Where a design standard is stated and an equivalent method or technology is available if demonstrated by the applicant/operator to be adequate, the equivalency approval process has been simplified. Similarly, the proposed amendments limit the types of permit modifications which must go through a major modification process (including public notice and comment).
The final regulations may result in lower costs for municipal waste disposal because the regulations incorporate Act 2 remediation standards for facilities that ceased accepting waste prior to the effective date of the Federal Subtitle D criteria (October 9, 1993) and are consistent with the Subtitle D standards for facilities that ceased accepting waste after October 9, 1993.
To promote green technologies, the final-form regulations allow for the demonstration of new technology at existing facilities to be done through a permit modification process.
The final-form regulations clarify and simplify the requirements for revising a county municipal waste management plan while focusing on the county's requirement to assure adequate disposal and processing capacity for waste generated within the county. Counties should benefit from these revisions when they prepare their plan revisions. Both counties and municipalities will realize financial benefits from the streamlined planning and grant procedures.
The final-form regulations facilitate easier access to moneys in the site-specific postclosure trust funds established under section 1108 of Act 101 for conducting postclosure activities at municipal waste landfills that operated prior to the 1988 municipal waste regulations and closed with little or no bond in place. This will provide greater protection of the environment and of persons living near these facilities. The final-form regulations also protect the corpus of small site-specific postclosure trust funds from being depleted by administrative costs. This will help ensure availability of the corpus if and when the money is needed for emergency actions or remedial measures during postclosure, as envisioned under Act 101. Amendments were also made to the regulations to authorize host counties to access the trust funds in accordance with the Environmental Stewardship and Watershed Protection Act.
The citizens of this Commonwealth will benefit as a result of the more detailed environmental assessment process, which requires actual mitigation of existing and potential harms to the public and the environment from the facility. Citizens will also benefit from better protection from the improper disposal of radioactive materials.
Compliance Costs
This comprehensive rulemaking may result in overall increased costs to the regulated community, spread over several hundred facilities, of over $1 million each of the first 2 years, after which the savings should exceed the costs. Increased costs to industry will largely be reflected in the requirements of establishing systems for monitoring for and responding to radioactive materials unlawfully arriving at a waste facility. Increased costs also include the cost of installing a composite component in a landfill liner system. Industry will also experience minor cost increases as a result of increases in permit application fees and annual report fees. Increased costs to local governments, small by comparison, will be reflected in the costs of placing signs on equipment purchased with Recycling Fund money.
Savings are projected to be significant. Savings to municipal waste facility operators will be enjoyed largely as a result of the reduced costs associated with preparation of permit modifications and as a result of the increased use of performance-based standards such as those for landfill daily cover materials. Local governments will particularly enjoy savings as a result of the opportunity to avoid having an independent audit performed in many cases in which a grant is sought under Chapter 272.
Compliance Assistance Plan
The Department will assist the regulated community by developing fact sheets where they would be helpful. In addition, the Department will continue to work with the Pennsylvania Waste Industries Association, the Solid Waste Association of North America (Pennsylvania Chapter), the Public Recycling Officials of Pennsylvania, the Pennsylvania Resources Council and other industry and government groups. The Department's field staff will provide compliance assistance during routine facility permitting and inspections, and in assisting counties with the county planning and recycling requirements.
Paperwork Requirements
The proposed regulations will not increase paperwork requirements on the part of the regulated community.
G. Pollution Prevention
The Federal Pollution Prevention Act of 1990 established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally-friendly materials, more efficient use of raw materials, or the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. These final-form regulations have incorporated the following pollution prevention provisions and incentives:
The final-form regulations will encourage pollution prevention by authorizing grants under the Small Business and Household Pollution Prevention Program Act for educational programs on pollution prevention and household hazardous waste and for other technical assistance to small business for pollution prevention. The regulations retain the requirement for generators of residual waste disposed in municipal waste landfills to have a source reduction strategy and requires landfills to provide a plan for recycling and salvaging wastes.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 11, 1998, the Department submitted a copy of the notice of proposed rulemaking, published at 28 Pa. B. 4319, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing these final-form regulations, the Department has considered all comments from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on October 12, 2000, these final-form regulations were deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 19, 2000, and approved the final-form regulations.
J. Findings of the Board
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa.B. §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These final-form regulations do not enlarge the purpose of the proposal published at 28 Pa.B. 4319.
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this order.
K. Order of the Board
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapters 271--273 and 277--285, are amended by amending §§ 271.1--271.4, 271.101, 271.103, 271.113, 271.122--271.128, 271.141, 271.142, 271.144, 271.201--271.203, 271.211, 271.212, 271.221--271.223, 271.231, 271.301, 271.312, 271.321, 271.332, 271.341--271.343, 271.413, 271.421, 271.501, 271.502, 271.504, 271.505, 271.611--271.613, 271.801, 271.811, 271.821, 271.832, 271.915, 272.1, 272.101--272.106, 272.211, 272.221, 272.223--272.228, 272.233, 272.244, 272.245, 272.251, 272.252, 272.261, 272.311, 272.313, 272.314, 272.316, 272.321--272.323, 272.332, 272.333, 272.341, 272.342, 272.342, 272.353, 272.362, 272.411, 272.426, 272.513, 273.111--273.117, 273.120, 273.132--273.134, 273.136, 273.139, 273.140, 273.141, 273.152, 273.161, 273.163, 273.192, 273.196, 273.197, 273.201--273.203, 273.211--273.218, 273.221, 273.232--273.234, 273.241, 273.245, 273.251--273.258, 273.272, 273.274--273.277, 273.281--273.284, 273.286, 273.287, 273.291--273.293, 273.301--273.303, 273.311, 273.313, 273.315, 273.316, 273.322, 273.501, 273.511, 273.513, 277.111--277.117, 277.120, 277.131--277.134, 277.136, 277.138, 277.141, 277.152, 277.161--277.164, 277.192, 277.201--277.203, 277.211--277.218, 277.232, 272.233, 277.241, 277.245, 277.251--277.257, 277.259, 277.272, 277.274--277.277, 277.281--277.284, 277.286, 277.287, 277.291, 277.292, 277.301--277.303, 277.311, 277.312, 277.322, 279.1, 279.101--279.106, 279.109, 279.121, 279.201, 279.202, 279.211--279.219, 279.221, 279.231--279.233, 279.242, 279.243, 279.251, 279.252, 279.262, 281.101, 281.111, 281.112, 281.121, 281.132, 281.134, 281.201, 281.202, 281.211, 281.212, 281.214, 281.215, 281.217, 281.218, 281.220, 281.231, 281.234, 281.251, 281.253, 281.254, 281.263, 281.271, 281.272, 281.282, 283.102, 283.103, 283.107, 283.112, 283.121, 283.201, 283.202, 283.211, 283.212--283.219, 283.231--283.233, 283.253, 283.261, 283.262, 283.264, 283.272, 283.281, 285.101, 285.111, 285.112, 285.115, 285.121, 285.124, 285.201, 285.211, 285.212, 285.214, 285.216, 285.217 and 285.219; by adding §§ 271.5, 271.114, 272.364, 273.121, 273.140a, 273.223, 277.121, 277.122, 277.139, 277.140, 277.221, 277.222, 279.110, 279.111, 279.222, 279.223, 279.234, 281.119, 281.123, 281.221, 281.222, 281.255, 283.113, 283.114, 283.220, 283.223, 283.234, 284.1, 284.2, 284.101, 284.102, 284.111--284.115, 284.121, 284.122, 284.131--284.133, 284.201, 284.210, 284.220, 284.301, 284.310, 284.311, 284.320, 284.321, 284.401, 284.411--284.419, 284.501, 284.511--284.514, 284.601--284.603, 284.611, 284.612, 284.621--284.625, 284.631--284.634, 284.641--284.645, 284.701--284.703, 284.711--284.714, 284.721--284.724, 284.731--284.734, 285.116 and 285.117; and by deleting §§ 271.102, 271.111, 271.112, 271.711, 271.712, 271.721--271.725, 271.731, 271.732, 271.741--271.744, 273.231, 277.110, 277.231, 283.302, 283.402, 285.132, 285.142--285.148, 285.222--285.224, 285.301--285.303, 285.311, 285.312, 285.321--285.325, 285.331--285.334, 285.341--285.345, 285.401--285.403, 285.411--285.414, 285.421--285.424 and 285.431--285.434 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of the Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
JAMES M. SEIF,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 30 Pa.B. 5807 (November 4, 2000).)
Fiscal Note: Fiscal Note 7-340 remains valid for the final adoption of the subject regulations.
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