PROPOSED RULEMAKING
[25 PA. CODE CHS. 261a, 271 AND 272]
Household Hazardous Waste
[31 Pa.B. 796] The Environmental Quality Board (Board) proposes to amend Chapters 261a, 271 and 272 (relating to identification and listing of hazardous waste; municipal waste management--general provisions; and municipal waste planning, recycling and waste reduction).
These proposed amendments include regulations governing household hazardous waste collection events, grants, and transportation and management. The proposed changes clarify the regulations to make them consistent with the Small Business and Household Pollution Prevention Program Act (act) (35 P. S. §§ 6029.201--6029.209) (Act 190), which was passed after most of the existing household hazardous waste regulations were written. The proposed changes to Article VII (relating to hazardous waste management) correct the inadvertent 1999 incorporation by reference in Article VII of Environmental Protection Agency's (EPAs) regulatory exemption of household hazardous waste from regulation as hazardous waste. The proposed changes to Article VIII (relating to municipal waste) are designed to ensure that waste collected as part of an organized household hazardous waste collection continues to be properly transported and managed as hazardous waste rather than as part of the municipal waste stream. This is true for household hazardous waste collected as part of an organized household hazardous waste collection in another state, once the waste enters this Commonwealth, if the waste is to be managed in this Commonwealth, and for household hazardous waste collected as part of a collection event in this Commonwealth. Household hazardous waste not collected as part of an organized collection will continue to be managed as municipal waste in this Commonwealth.
These proposed amendments are intended to supplement, not duplicate, the act.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information contact Tom Hyatt, Division of Waste Minimization and Planning, P. O. Box 8472, Rachel Carson State Office Building, Harrisburg, PA 17105-8472, (717) 787-7382; 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. 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's website (http://www.dep.state.pa.us).
C. Statutory Authority
The proposed rulemaking is being made under the authority of the following:
Act 190 which in section 207(a) (35 P. S. § 6029.207(a)) grants the Board the authority to promulgate regulations as needed to implement the act.
The Solid Waste Management Act (SWMA) (35 P. S. §§ 6018.101--6018.1003) which in section 105(a) of the SWMA (35 P. S. § 6018.105(a)) grants the Board the power and the duty to adopt the rules and regulations of the Department to carry out the provisions of the SWMA.
The Household Hazardous Waste Funding Act (HHWFA) (35 P. S. §§ 6025.1--6025.5), as amended, which in section 4(a) of the HHWFA (35 P. S. § 6025.4(a)) created a restricted revenue account in the Recycling Fund to be used to fund household hazardous waste collection programs.
The Clean Streams Law (CSL) (35 P. S. §§ 691.1--691.1001), which in section 5(b) of the CSL (35 P. S. § 691.5(b)) grants the Board the authority to formulate, adopt, promulgate and repeal the rules and regulations as are necessary to implement the provisions of the act, which in section 304 of the CSL (35 P. S. § 691.304) grants the Board the authority to adopt, prescribe and enforce rules and regulations not consistent with the act as may be deemed necessary for the protection of the purity of the waters of this Commonwealth, or parts thereof, and to purify those now polluted and which in section 402 of the CSL (35 P. S. § 691.402) grants the Board the authority to adopt rules and regulations establishing conditions under which an activity shall be conducted for any activity that creates a danger of pollution of the waters of this Commonwealth or that regulation of the activity is necessary to avoid this pollution.
The Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) (53 P. S. §§ 4000.101--4000.1904), which in section 302 of Act 101 (53 P. S. § 4000.302) gives the Board the power and duty to adopt the regulations of the Department to accomplish the purposes and carry out the provisions of Act 101.
The Administrative Code of 1929 (Administrative Code) (71 P. S. §§ 510-17 and 510-20) which in section 1917-A of the Administrative Code (71 P. S. § 510-17) authorizes and requires the Department to protect the people of this Commonwealth from unsanitary conditions and other nuisances and in section 1920-A of the Administrative Code (71 P. S. § 510-20) grants the Board the power and the duty to formulate, adopt and promulgate the rules and regulations as may be determined by the Board for the proper performance of the work of the Department.
D. Background and Purpose
The Commonwealth has operated a household hazardous waste program since 1992. Under this program, grants have been and continue to be available to eligible municipalities and other legal entities that register to conduct a household hazardous waste collection event. While household hazardous waste generated by an individual household and sent directly to a processing or disposal facility along with the household's municipal waste has not been regulated as hazardous waste, household hazardous waste collected at household hazardous waste collection events has been and continues to be managed as hazardous waste once it is collected. This ensures the proper level of environmental protection and is consistent with EPA recommendations. Until 1996, this Commonwealth's program was operated largely under the authority of section 1512 of Act 101 and the HHWFA; relevant regulations were found in the hazardous and municipal waste regulations. However, in 1996, Act 190 repealed section 1512 and portions of the HHWFA and replaced them with newer provisions jointly addressing small business and household hazardous waste collection events. This proposed rulemaking is designed to update the hazardous and municipal waste regulations according to Act 190 as it applies to household hazardous waste collections.
The proposed regulatory amendments cover the registration, review and approval of collection programs, the operation of collection programs and the requirements of collection contractors and transporters of household hazardous waste. The regulations specify entities that are eligible to bring waste to collection events. The regulations also cover grant requirements that apply to eligible collection sponsors.
The proposed regulatory amendments serve a number of purposes. They will make it easier for collection sponsors, collection contractors and transporters to understand the requirements that apply to their activities, without making major changes to the existing regulations. The amendments also make the language in the regulations consistent with Act 190 and the way the household hazardous waste program is currently implemented. The amendments correct the inadvertent incorporation by reference of EPA's regulatory exemption of household hazardous waste from regulation as hazardous waste. The Federal regulations exempt hazardous waste derived from households from being regulated as hazardous waste, even when collected as part of a household hazardous waste collection. The 1999 amendments to the hazardous waste regulations inadvertently incorporated this provision by reference in § 261a.1 (relating to incorporation by reference, purpose and scope). The proposed changes clarify that once household hazardous waste is collected as part of a household hazardous waste collection, it must be managed as a hazardous waste. Finally, the amendments are intended to dispel confusion expressed by some contractors as to how household hazardous waste is to be managed after it is collected. The amendments will ensure that all household hazardous waste that is collected as part of a household hazardous waste collection, no matter in which state the waste originates, is to be managed as hazardous waste if managed in this Commonwealth.
E. Summary of Regulatory Requirements
Chapter 261a
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE Chapter 261a contains the provisions for the identification and listing of hazardous waste.
Section 261a.4. Exclusions.
The Board proposes to revise § 261a.4 (relating to exclusions) by removing the exclusion for hazardous waste that is derived from households. The Federal regulations contain an exclusion for hazardous waste derived from households, including household waste that is ''collected, transported, stored, treated, disposed, recovered (for example, refuse-derived fuel) or reused'' in 40 CFR 261.4(b)(1).
The Federal provision was inadvertently incorporated by reference in § 261a.4 in 1999. The proposed revisions are intended to correct this error. Furthermore, the statutory requirements of Act 190 override this regulatory provision. In accordance with statutory requirements of Act 190, the changes to the regulation will ensure that when household hazardous waste has been collected as part of a household hazardous waste collection program, it will continue to be managed and transported as a hazardous waste rather than as part of the municipal waste stream. This includes all household hazardous waste collected as part of an in-State household hazardous waste collection and waste collected as part of an out-of-State household hazardous waste collection and brought into this Commonwealth for management. The revision will ensure that the environment and the public health and safety will continue to be adequately protected.
The proposed revisions to § 261a.4 will be more stringent than the Federal regulation, but the proposed revision will make the State regulation consistent with Pennsylvania's Act 190 of 1996, which currently governs State procedures.
There should be no economic impact as a result of this regulatory revision because it simply reflects a continuation of the program as it is currently being operated. This Commonwealth has always regulated household hazardous waste that is collected as part of a household hazardous waste collection program as hazardous waste.
Chapter 271
MUNICIPAL WASTE MANAGEMENT--GENERAL PROVISIONS
Subchapter A. GENERAL Chapter 271 contains the general provisions for the municipal waste program, including definitions for Article VIII (relating to municipal waste).
Section 271.1. Definitions.
The Board proposes to revise § 271.1 (relating to definitions) by deleting the definition of ''collection contractor'' and modifying the definition of ''household hazardous waste.'' The term ''collection contractor'' is deleted because the term is now defined by Act 190. The term ''household hazardous waste'' is modified to explain more clearly that household hazardous waste is to be managed as hazardous waste if it is collected as part of an organized household hazardous waste collection. The term treats waste collected within or outside this Commonwealth the same once it is within this Commonwealth's borders for disposal or other management. The definition also lists locations that are considered ''households'' for the purpose of this definition.
Chapter 272
MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION Chapter 272 contains the municipal waste planning, recycling and waste reduction requirements, including regulations governing grants and household hazardous waste collections.
Subchapter D. GRANTS Section 272.301. Scope.
The Board proposes to revise § 272.301 (relating to scope) to indicate that persons other than municipalities are eligible to apply for grants under Act 190 and must comply with this subchapter when doing so.
GENERAL PROVISIONS FOR AWARDING GRANTS Section 272.313. General requirements for grant applications. Section 272.314. Limits on Department's authority to award grants. Section 272.317. Grant review.
The Board proposes to revise §§ 272.313 (relating to general requirements for grant applications), 272.314 (relating to limits on Department's authority to award grant) and 272.317 (relating to grant review) to indicate that grants are available under Act 190.
GRANTS FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENTS Section 272.381. Scope of grant.
The Board proposes to revise § 272.381 (relating to scope of grant) to be consistent with Act 190 by using the term ''collection event,'' by indicating that persons other than municipalities can apply for grant funding and to reflect the title change of Subchapter F (relating to household hazardous waste collection, transportation and management). Subsection (b) is deleted because the funding sources for household hazardous waste program grants are set forth in Act 190.
§ 272.382. Eligible costs.
The Board proposes to delete subsection (a) because grant amounts will now be addressed in subsection (b). A new subsection (a) lists costs that are considered to be eligible costs for a household hazardous waste collection event grant. This list includes the costs which the Department has considered to be eligible costs in this program over the last several years.
Existing subsection (b) has been deleted because grant restrictions based on past violations are adequately covered elsewhere. Subsection (c) has been deleted because it is no longer accurate, since Act 190 authorizes Recycling Fund monies to be used.
A new subsection (b) has been added to describe the grant limitations for a household hazardous waste collection event grant. It is based on section 209 of Act 190 (35 P. S. § 6029.209), which authorizes the Department to reimburse sponsors for eligible costs for the operation of collection events but limits the grant amount to an amount that is matched dollar for dollar by the grant applicant. Section 209 of Act 190 also prohibits the Department from expending more than $100,000 per year for collection events in any one county. These rules are embodied in paragraphs (1) and (3) of proposed subsection (b). Paragraph (2) is designed to prevent the Department from awarding a grant for costs which the sponsor has already covered by charging fees for the event. Paragraph (2) would apply if a sponsor collected more than 50% of its eligible costs through fees.
Section 272.383. Grant applications.
The Board proposes to delete the text of § 272.383 (relating to grant application) because the information is repetitive of the registration submitted by a sponsor and included in the sponsor's grant application package. In its place, proposed subsection (a) requires a grant applicant to submit its application on a form provided by the Department and to include all supporting documentation. Proposed subsection (b) requires a record of operations from a collection event to be sent to the Department. The record of operations form was developed by the Department to enable sponsors to easily meet the reporting requirements of subsection 205(k) of Act 190 while still providing the Department with useful collection information.
Section 272.384. Education grants.
The Board proposes to add § 272.384 (relating to education grants) so that counties are aware that Act 190 makes household hazardous waste education grant funding available through section 901 of Act 101 (53 P. S. § 4000.901).
Subchapter F. HOUSEHOLD HAZARDOUS WASTE COLLECTION, TRANSPORTATION AND MANAGEMENT Section 272.501. Scope.
The Board proposes to change the title of Subchapter F and the text of § 272.501 (relating to scope) to clarify that this subchapter covers collection, transportation and management of household hazardous waste.
REGISTRATION AND APPROVAL OF PROGRAMS Section 272.512. General application requirements.
The Board proposes to modify subsection (a) (relating to general application requirements) to give the Department adequate time to review applications and provide applicants adequate time to make necessary modifications to applications in accordance with the Department's review of the initial application. Subsection (b)(1) is revised to make the regulations consistent with Act 190 which allows persons other than municipalities to sponsor a household hazardous waste collection event.
Section 272.513. Contract.
The Board proposes to modify § 272.513 (relating to contract) by requiring an applicant to submit a signed contract to the Department before the collection event so that the Department can ensure that the final contract meets the requirements of this section. Paragraph (2) is modified to be consistent with Act 190 which allows persons other than municipalities to sponsor a collection. The change to paragraph (3) corrects a typographical error.
Section 272.514. Contingency plan.
The Board proposes to revise § 272.514 (relating to contingency plan) by requiring contingency plans to include provisions for inclement weather because provisions for inclement weather are important but often overlooked in applicants' safety plans.
REGISTRATION REVIEW Section 272.523. Public notice.
The Board proposes to delete § 272.523 (relating to public notice) because giving public notice in the Pennsylvania Bulletin has not proven the most effective means by which to notify the public of a household hazardous waste collection event. Local notice is far more effective. The public learns of an upcoming collection event through local notice in newspapers or on the radio, provided by the sponsor of the event. Collection contractors who may wish to compete for the project learn of the event through whatever means the sponsor deems appropriate. Furthermore, to obtain approval, the sponsor sometimes must work with the Department until several days before the collection event, at which point it is too late to publish notice in the Pennsylvania Bulletin. When it seems likely that a collection event will be approved, the Department will, as it currently does, publish notice of the collection event on its website. Public notice is not required by statute.
OPERATION OF PROGRAMS Section 272.531. Basic operational requirements.
The Board proposes to modify § 272.531 (relating to basic operational requirements) to update the statutory reference to Act 190, to restructure the section for ease of reading and to emphasize that household hazardous waste collected as part of a collection event is to be managed as hazardous waste.
Section 272.532. Limitations on acceptable waste.
Limitations on acceptable waste at collection events in the existing regulations were modeled on section 1512 of Act 101 (53 P. S. § 4000.1512), which was repealed by Act 190. The limitations on acceptable waste were replaced by sections 205(d) and 206(a) of Act 190. Modifications to § 272.532 are proposed to be consistent with the restrictions of Act 190 while still providing for proper and safe limitations on acceptable waste.
Wastes allowed to be collected as a result of proposed changes to this section do not have to be collected at collection events. Collection sponsors will still have the authority to limit the types and quantities of waste they will accept at collections and collection contractors will be required to demonstrate that they have the proper permits to manage the new types of waste that are proposed to be allowed to be collected.
The Board has amended § 272.532(a)(1) from ''radioactive waste'' to ''radioactive material'' because ''radioactive material'' better describes the types of materials more likely to be found in a household.
The Board proposes to modify subsection (a)(2) by deleting the term ''biologically active waste'' because the term is not defined in this Commonwealth's waste regulations. The new term ''Infectious waste'' is added because it is defined in this Commonwealth's waste regulations. Sharps, although considered to be infectious waste, will be allowed to be collected if the collection contractor has an approved infectious and chemotherapeutic waste transporter license as required by § 284.602(a) (relating to license requirement). Sharps are a common type of infectious waste that present little contamination potential at a collection event while their removal from the municipal waste stream would provide a much larger benefit to municipal waste haulers.
The Board proposes to delete subsection (a)(3) because removal of gas cylinders and aerosol cans from the municipal waste stream will encourage recovery of their BTU value.
The Board proposes to modify subsection (a)(4), which is renumbered as subsection (a)(3), by removing ordnance material from the list of unacceptable items. Collection of ordnance material at collection events poses little risk and removes a potentially dangerous item from the municipal waste stream.
The Board proposes to modify subsection (b) to be consistent with the weight restrictions of section 205(d) of Act 190.
Section 272.533. Fees.
The Board proposes to modify § 272.533 (relating to fees) to be consistent with Act 190 which authorizes a sponsor to establish and assess reasonable fees from eligible entities for services provided in connection with a collection event.
Section 272.535. Cleanup of site.
The Board proposes to modify § 272.535 (relating to cleanup of site) to be consistent with Act 190 of 1996 which allows persons other than municipalities to sponsor a household hazardous waste collection event.
Section 272.537. Sponsor recordkeeping.
The Board proposes to modify § 272.537 (relating to municipal recordkeeping). The modifications are to make the regulations consistent with Act 190 which allows persons other than municipalities to sponsor a household hazardous waste collection event, and the hazardous waste regulations which require the generator of waste to keep the generator copy of a manifest.
COLLECTION CONTRACTORS Section 272.541. Collection contractor.
The Board proposes to modify § 272.541 (relating to basic requirements). The title is changed to better reflect who is covered by the section. The remaining changes are to clarify and organize existing requirements of collection contractors. In addition, a provision is added to subsection (a)(2) to address a situation that arises on occasion, namely, the collection contractor being a different entity from the transporter. Under this paragraph, the collection contractor must demonstrate to the Department that the transporter has a valid transporter's license. A requirement has also been added to subsection (c)(3), requiring the collection contractor to provide a copy of the record of operations to the sponsor. This was added so the sponsor would know what the collection contractor reported to the Commonwealth and to enable the sponsor to refine future waste collection estimates. Subsection (d) is revised to leave no doubt that the collection contractor has the responsibility to ensure that the household hazardous waste is treated, stored or disposed at an appropriate facility.
Section 272.542. Reporting.
The Board proposes to modify § 272.542 (relating to reporting). The modification requires the collection contractor to provide a copy of the record of operations to the Department and sponsor.
Section 272.543. Recycling or reuse of collected materials. [Reserved.]
The Board proposes to delete § 272.543 (relating to recycling or reuse of collected materials) because this provision has been moved into § 272.541(c)(4).
TRANSPORTERS OF HOUSEHOLD HAZARDOUS WASTE Section 272.551. Household hazardous waste transportation, storage and disposal.
The Board proposes to add § 272.551 (relating to household hazardous waste transportation, storage and disposal). This section explains the requirements applicable to a transporter of household hazardous waste from a collection event in this Commonwealth and from an out-of-State household hazardous waste collection if the waste is to be managed in this Commonwealth. The purpose of the section is to clarify that household hazardous waste originating from a collection in this Commonwealth or coming from a collection outside of this Commownealth to be managed in this Commonwealth is to be regulated under Article VII, including manifesting and transportation requirements.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the final regulations.
Benefits
The proposed amendments will clarify the registration and operational requirements of conducting a household hazardous waste program. The proposed amendments will also clarify that household hazardous waste collected as part of a household hazardous waste collection is to be managed under Article VII. No new requirements for household hazardous waste collection sponsors, collection contractors or transporters are added to the regulations.
Compliance Cost
Household hazardous waste program sponsors and collection sponsors will be required to comply with the regulations. The Commonwealth has always regulated household hazardous waste that is collected as part of a household hazardous waste collection program as hazardous waste. However, because the regulations are intended to clarify existing regulations, they should not have any impact on direct or indirect costs.
Compliance Assistance Plan
The regulations should not require any educational, technical or compliance assistance efforts. The Department has and will continue to provide manuals, instructions, forms and website information consistent with the proposed amendments. In the event that assistance is required, the Department's central office will provide it.
Paperwork Requirements
The proposed amendments do not create any new paperwork requirements. All paperwork requirements re presently consistent with the proposed amendments.
G. Pollution Prevention
No pollution prevention efforts will be required by the Department as a result of this regulatory change. The Department already provides pollution prevention educational material as part of its household hazardous waste program. In addition, the act upon which that the regulations are based on (Act 190) requires collection events to include an education program as part of the collection event and requires that waste materials collected from households as part of a household hazardous waste collection event be reclaimed to the greatest extent possible.
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 January 1, 2001, the Department submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees. In addition to submitting the proposed regulations, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion of the proposed amendments to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendments, by the Department, the General Assembly and the Governor of objections raised.
J. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by March 12, 2001 (within 30 days of publication in the Pennsylvania Bulletin). Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by March 12, 2001 (within 30 days following publication in the Pennsylvania Bulletin). The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@dep.state. pa.us and must also be received by the Board by March 12, 2001. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
JAMES M. SEIF,
ChairpersonFiscal Note: 7-361. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VII. HAZARDOUS WASTE MANAGEMENT
CHAPTER 261a. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subchapter A. GENERAL § 261a.4. Exclusions.
In addition to the requirements incorporated by reference[,]:
(1) The exclusion of 40 CFR 261.4(b)(1) (relating to exclusions) does not apply to household hazardous waste as defined in § 271.1 (relating to definitions) collected as part of a collection event or collected at an out-of-State household hazardous waste collection which is brought into this Commonwealth for processing, treatment, storage or disposal.
(2) [a] A copy of the written state agreement required by 40 CFR 261.4(b)(11)(ii) [(relating to exclusions)] that includes a provision to assess the groundwater and the need for further remediation once the free phase recovery is completed for free phase hydrocarbon recovery operations shall be submitted to: Pennsylvania Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, Post Office Box 8471, Harrisburg, Pennsylvania 17105-8471.
ARTICLE VIII. MUNICIPAL WASTE
CHAPTER 271. MUNICIPAL WASTE MANAGEMENT--GENERAL PROVISIONS
Subchapter A. GENERAL § 271.1. Definitions.
The following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * [Collection contractor--A person licensed as a hazardous waste transporter and approved by the Department and retained by a municipality to operate a household hazardous waste collection program.]
* * * * * Household hazardous waste--[A waste that would be considered hazardous under the act, but for the fact that it is produced in quantities smaller than those regulated as hazardous waste under the act and is generated by persons not otherwise covered as hazardous waste generators by that act.] Waste generated by a household that could be chemically or physically classified as a hazardous waste under the standards of Article VII (relating to hazardous waste management).
(i) If the household hazardous waste is collected as part of a collection event or originates at an out-of-State household hazardous waste collection and is brought into this Commonwealth for processing, treatment, storage or disposal, it shall be regulated under Article VII.
(ii) If the waste is not collected at a collection event or does not originate at an out-of-State household hazardous waste collection, it is solid waste which is excluded as hazardous waste under 40 CFR 261.4(b)(1) (relating to exclusions), as incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose, and scope).
(iii) For the purpose of this definition, the term ''household'' includes those places described as ''households'' in 40 CFR 261.4(b)(1).
* * * * *
CHAPTER 272. MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION
Subchapter D. GRANTS
SCOPE § 272.301. Scope.
A person or municipality that seeks or receives a grant from the Department under the Municipal Waste Planning, Recycling and Waste Reduction Act or the Small Business and Household Pollution Prevention Program Act shall comply with this subchapter.
GENERAL PROVISIONS FOR AWARDING GRANTS § 272.313. General requirements for grant applications.
(a) A grant application under this subchapter shall be submitted on a form prepared and furnished by the Department. The application shall contain information the Department deems necessary to carry out the Municipal Waste Planning, Recycling and Waste Reduction Act and the Small Business and Household Pollution Prevention Program Act, as applicable.
(b) A grant application shall be submitted by a municipality or, for a household hazardous waste collection event grant application, a sponsor. [A] For grant applications submitted under the Municipal Waste Planning, Recycling and Waste Reduction Act, a municipal authority may not submit a grant application. A municipality that receives a grant may pass funds from the grant to a municipal authority.
* * * * * § 272.314. Limits on Department's authority to award grants.
* * * * * (b) The Department will not award a grant under this subchapter to a person or municipality unless the applicant demonstrates to the Department's satisfaction that it has complied with the following:
* * * * * (3) If the application is for a household hazardous waste collection event grant, the applicant has complied with the Small Business and Household Pollution Prevention Program Act.
(4) * * *
* * * * * § 272.317. Grant review.
The Department will deny a grant application, in whole or in part, unless the applicant demonstrates the following to the Department's satisfaction:
* * * * * (2) Awarding the grant is likely to accomplish the purposes of the Municipal Waste Planning, Recycling and Waste Reduction Act or the Small Business and Household Pollution Prevention Program Act, as applicable.
GRANTS FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION [AND DISPOSAL] EVENTS § 272.381. Scope of grant.
[(a)] The Department will award grants for the establishment and operation of household hazardous waste collection [and disposal programs,] events upon application of [a municipality] an eligible collection event sponsor. The grants may be awarded only to programs that have been registered with and approved by the Department under Subchapter F (relating to household hazardous waste collection, transportation and management).
[(b) Grants for the operation of household hazardous waste collection and disposal programs shall be made from specially appropriated funds for the purpose.]
§ 272.382. Eligible costs.
(a) [The grant shall be 50% of the approved cost of establishing and operating a household hazardous waste collection and disposal program.] Eligible costs incurred by the sponsor for a household hazardous waste collection event include the following:
(1) Labor costs, including wages, salaries, costs for Social Security, Workers' Compensation and Unemployment Compensation.
(2) Travel and related costs associated with attending training courses and related meetings, if reimbursement is approved in advance of the training course or meeting by the Department.
(3) Legal fees for preparing and reviewing collection contractor proposals and contracts in the development stage.
(4) Facility siting studies.
(5) Printing and distribution of public education material.
(6) Collection contractor mobilization fees and waste management fees for collected materials.
(7) Onsite sanitary facilities.
(b) [Costs not approved for a grant include, but are not limited to:
(1) Costs associated with a program that has violated the act, the environmental protection acts, the Municipal Waste, Planning, Recycling and Waste Reduction Act or regulations thereunder.
(2) Costs associated with a program that has operated in a manner that is contrary to the terms and conditions of the Department's registration and approval of the program.
The Department may not award money from the Recycling Fund for this grant.] A Household Hazardous Waste Collection Event Grant shall be limited to the lowest of the following:
(1) Fifty percent of the eligible costs incurred by the sponsor in establishing and operating a collection event.
(2) Eligible costs incurred in establishing and operating a collection event, less fees collected by the sponsor under § 272.533 (relating to fees).
(3) One hundred thousand dollars.
§ 272.383. Grant application.
[The application shall contain:
(1) A copy of the Department's registration and approval for the program.
(2) A summary of program cost, including the funding match for the program grant.
(3) The name, mailing address, telephone number and Pennsylvania hazardous waste transporter's license number of the contractor.
(4) The name and location of the treatment or disposal facilities which will be used for the waste.]
(a) A grant applicant shall submit its application on a form provided by the Department. An application shall be accompanied by appropriate supporting documentation.
(b) A grant applicant shall ascertain that a record of operations has been sent to the Department prior to or with the grant application.
§ 272.384. Education Grants.
A county may apply for a household hazardous waste education program grant under § 272.321 (relating to scope of grant).
Subchapter F. HOUSEHOLD HAZARDOUS WASTE COLLECTION, TRANSPORTATION AND MANAGEMENT
SCOPE § 272.501. Scope.
This subchapter sets forth provisions for the registration, approval and operation of household hazardous waste collection programs and for the management and transportation of household hazardous waste collected as part of an organized collection for the purpose of separating the hazardous waste component from the nonhazardous waste component.
REGISTRATION AND APPROVAL OF PROGRAMS § 272.512. General application requirements.
(a) Registration applications shall be submitted to the Department on a form provided by the Department, and shall contain information the Department deems necessary to properly develop and implement a household hazardous waste collection program. The application shall be submitted by the [person or municipality that will] potential sponsor [the collection program]. An application shall be submitted to the Department at least 60 days before the collection event.
(b) A registration application shall contain the following information:
(1) The location of the proposed site for the collection event. The site may be on public or private property, including, but not limited to, property owned, leased or controlled by the Commonwealth, its agencies or political subdivisions. If the [municipality that sponsors] sponsor of the collection program is not the owner of the site, the [person or municipality] sponsor shall include as part of the registration application, written permission from the owner of the site to use the property for the collection event.
[(33)] (3) * * *
* * * * * § 272.513. Contract.
The application shall include a negotiated contract between the [person or municipality] sponsor and the collection contractor. A signed contract shall be submitted to the Department prior to the collection event. The contract shall meet the following requirements:
* * * * * (2) The contract shall require that the collection contractor will provide the [person or municipality] sponsor with a statement that lists the names and qualifications of personnel accepting waste at the collection event.
[(33)](3) * * *
* * * * * § 272.514. Contingency plan.
The application shall also include a contingency plan that meets the following requirements. The plan shall:
* * * * * (5) Describe provisions for the safe management of waste in the event of inclement weather.
(6) Describe provisions for cancellation or rescheduling of the collection event due to inclement weather.
REGISTRATION REVIEW § 272.523. [Public notice] (Reserved).
[The Department will publish notice in the Pennsylvania Bulletin of the following:
(1) Receipt of an application for a registration approval under this subchapter.
(2) Approval or denial of an application for registration approval under this subchapter.]
OPERATION OF PROGRAMS § 272.531. Basic operational requirements.
(a) A program for the collection and management of household hazardous waste shall be operated in accordance with [the registration submitted by the municipality sponsoring the program and with conditions for approval the Department may attach to the registration, the requirements of Article VII (relating to hazardous waste management) and with guidelines issued by the Department under the Municipal Waste Planning, Recycling and Waste Reduction Act] the following:
(1) The approved registration, including any conditions the Department attaches to approval.
(2) The Small Business and Household Pollution Prevention Program Act.
(3) The requirements of Article VII (relating to hazardous waste management as made applicable by this subchapter.
* * * * * § 272.532. Limitations on acceptable waste.
(a) The following wastes may not be accepted at a collection event:
(1) Radioactive [waste] material.
(2) [Biologically active waste] Infectious waste, except sharps.
(3) [Gas cylinders or aerosol cans.
(4)] Explosives [or ordinance material].
(b) An eligible entity may not deposit more than [100 kilograms (220 lbs.)] 1,000 kilograms (2,200 lbs.) of waste at an individual collection event. The collection contractor shall weigh waste received at a collection event to ensure that no entity deposits more than [100 kilograms] 1,000 kilograms of waste at an individual collection event. A sponsor may lower the maximum amount of waste that may be deposited by an eligible entity.
§ 272.533. Fees.
[(a) The sponsoring municipality shall require a minimum fee of small businesses other than nonprofit entities in the following amounts:
(1) Two dollars per pound for poisons, including pesticides, insecticides, herbicides and fungicides.
(2) One dollar per pound for other household hazardous wastes.
(b) The sponsoring municipality may require a fee of other eligible persons to help defray the costs of operating the collection program.]
To help defray the costs of operating a collection program, a sponsor may require eligible entities to pay a reasonable fee to deposit waste with the collection program. If fees are collected and exceed 50% of the eligible costs under § 272.382 (relating to eligible costs), the Department will limit reimbursement as described in that section.
§ 272.535. Cleanup of site.
At the end of the collection event, the [municipality] sponsor and the collection contractor shall return the collection site to its original condition. Collected waste shall be removed from the site within 48 hours after completion of the collection event, unless a longer time has been authorized by the Department. Cleanup of the site shall be certified by the [municipality] sponsor and the collection contractor in a manner approved by the Department.
§ 272.537. [Municipal] Sponsor recordkeeping.
[Municipalities sponsoring collection programs shall be responsible for maintaining the generator manifest records in accordance with 40 CFR 262.40 (relating to recordkeeping), incorporated in § 262a.10 (relating to incorporation by reference, purpose, scope and applicability) and for the generator reporting requirements under § 262a.42 (relating to exception reporting) and 40 CFR 262.42 (relating to exception reporting), incorporated in § 262a.10.] A sponsor shall keep a copy of the manifests provided to it by the collection contractor under § 272.541 (relating to collection contractor) for 3 years and shall make them available to the Department upon request.
COLLECTION CONTRACTORS § 272.541. [Basic requirements] Collection contractor.
(a) [A collection contractor may not operate a household hazardous waste program or site, or transport household hazardous waste unless the contractor has prior Departmental approval and an identification number and transporter license as required under Chapter 263a (relating to transporters of hazardous waste) and 40 CFR 263.11 (relating to EPA identification number), incorporated in § 263a.10 (relating to incorporation by reference and scope).] A collection contractor shall comply with the following requirements:
(1) The collection contractor shall have an EPA hazardous waste identification number under 40 CFR 262.12 (relating to EPA identification numbers), incorporated by reference at § 262a.10 (relating to incorporation by reference purpose, scope and applicability) and modified at § 262.a12 (relating to EPA identification numbers).
(2) The collection contractor shall have a hazardous waste transporter's license under § 263a.13 (relating to licensing). In the event that the collection contractor will not transport the household hazardous waste, the collection contractor shall demonstrate to the Department that the person or municipality that will transport the household hazardous waste has a valid hazardous waste transporter's license under § 263a.13.
(b) The collection contractor shall be deemed to be the generator of hazardous waste for household hazardous wastes accepted during the collection program and shall manage, transport and dispose of the waste in accordance with this chapter[,] and the applicable provisions of Article VII (relating to hazardous waste management) except Chapter 262a, Subchapter I (relating to source reduction strategy). [and conditions the Department may attach to the registration of the collection program. Disposal of household hazardous waste collected under this subchapter shall be at a facility having a permit or interim status under the Resource Conservation and Recovery Act (42 U.S.C.A. §§ 6901--6986).]
(c) The collection contractor shall comply with [40 CFR Part 262 (relating to standards applicable to generators of hazardous waste), to the extent that Part 262 is incorporated by reference in Chapter 262a (relating to standards applicable to generators of hazardous waste), except Chapter 262a, Subchapters D and I (relating to recordkeeping and reporting; and source reduction strategy).] the following requirements:
(1) The collection contractor shall manage, transport and dispose of the waste in accordance with conditions the Department may attach to the approval of the collection event.
(2) The collection contractor shall deliver a copy of the generator copy of the manifests to the sponsor to maintain in accordance with § 272.537 (relating to sponsor recordkeeping).
(3) The collection contractor shall provide a copy of the record of operations to the sponsor.
(4) The collection contractor shall provide for the recycling, reuse or use of the collected materials to the greatest extent feasible.
(d) [At the end of the collection event, the collection contractor shall deliver the generator copy of the manifests to the sponsoring municipality to maintain in accordance with 40 CFR 262.40 (relating to recordkeeping), incorporated in § 262a.10 (relating to incorporation by reference, purpose, scope and applicability).] The collection contractor shall ensure that the household hazardous waste is treated, stored or disposed at a facility having a permit or interim status under the Resource Conservation and Recovery Act (42 U.S.C.A. §§ 6901--6992k).
§ 272.542. Reporting.
The collection contractor shall make and maintain a record of [collection activities] operations and submit a copy of the record to the Department and sponsor within 30 days of the end of each collection event. The record shall be on a form provided by the Department, and shall include:
* * * * * § 272.543. [Recycling or reuse of collected materials.] (Reserved).
[The collection contractor shall, to the greatest extent feasible, provide for the recycling, reuse or use of the collected materials.]
TRANSPORTERS OF HOUSEHOLD HAZARDOUS WASTE § 272.551. Household hazardous waste transportation, storage and disposal.
(a) A transporter of household hazardous waste collected as part of a collection event shall meet the requirements of this section.
(b) A transporter of household hazardous waste shall meet the requirements of this section if the waste is collected at an out-of-State household hazardous waste collection and brought into this Commonwealth for processing, treatment, storage or disposal.
(c) A transporter of household hazardous waste described in subsection (a) or (b) is subject to Article VII (relating to hazardous waste management), including the following:
(1) The waste shall be manifested as required under Chapter 262a (relating to standards applicable to generators of hazardous waste) to a facility having a permit or interim status under the Resource Conservation and Recovery Act (42 U.S.C.A. §§ 6901--6992k).
(2) The transporter shall comply with the hazardous waste transportation requirements in Chapter 263a (relating to transporters of hazardous waste).
[Pa.B. Doc. No. 01-219. Filed for public inspection February 9, 2001, 9:00 a.m.]
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