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PA Bulletin, Doc. No. 05-1825

NOTICES

Proposed Facilities General Permit; Processing of Used Restaurant Oil, Yellow Grease, Grease Trap Waste, Oils and Animal Fat from Food Processing or Rendering Plants, Waste from Ethanol Production, Soybean Soap Stock and Off-Specification Vegetable Oils to Produce Biofuel and Biodiesel

[35 Pa.B. 5432]

   The following permit is proposed under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904), The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and the regulations implementing the laws.

   Central Office:  Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.

   General Permit Application No. WMGR109. The Department of Environmental Protection (Department) proposes to authorize, under General Permit WMGR109, the processing of used restaurant oil, yellow grease, grease trap waste, oils and animal fat from food processing or rendering plants, waste from ethanol production, soybean soap stock and off-specification vegetable oils to produce biofuel and biodiesel for beneficial use as fuel. This will be a Statewide general permit.

   The Department is authorized under the Solid Waste Management Act, The Clean Streams Law and 25 Pa. Code §§ 91.27 and 287.611 (relating to general water quality management permit; and authorization for general permit) to issue general permits when the Department determines that the use does not harm or present a threat of harm to the health, safety or welfare of the public or the environment and the activity can be adequately regulated using standard conditions. The Department has determined that the processing of used restaurant oil, yellow grease, grease trap waste, oils and animal fat from food processing or rendering plants, waste from ethanol production, soybean soap stock and off-specification vegetable oils to produce biofuel and biodiesel can be adequately regulated using standard conditions.

   Persons or municipalities that propose to operate under the terms and conditions of this general permit after the date of general permit issuance must apply for a determination of applicability to the Department's Bureau of Waste Management, Division of Municipal and Residual Waste, P. O. Box 8472, Harrisburg, PA 17105-8472. At a minimum, the following information must be provided on forms available from the Department's Bureau of Waste Management:

   a.  Name and street address of applicant.

   b.  Number and title of general permit.

   c.  A description of the waste which fully characterizes its composition and properties; the waste generation process; and a plan for screening, managing and rejecting waste.

   d.  Name and location of the generators of the waste.

   e.  A description of the processing operations, including a detailed site drawing showing the permit boundary, processing equipment, placement of storage units and other significant features.

   f.  A Preparedness, Prevention, and Contingency (PPC) plan for the facility prepared in accordance with the most recent edition of the Department's Guidelines for the Development and Implementation of Environmental Emergency Response Plans.

   g.  Proof that copies of the notification have been submitted to the municipality, county, county planning agency and county health department in which the processing activities will be conducted.

   h.  Proof that the waste and waste management activities will be consistent with the general permit.

   i.  Signed and notarized statement by the applicant who seeks to operate under the terms and conditions of this general permit that states that the person accepts all conditions of this general permit.

   j.  An application fee in the amount specified in the residual waste regulations, payable to the ''Commonwealth of Pennsylvania.''

   k.  Information that identifies the applicant (that is, individual, corporation, partnership, government agency, association, and the like), including the names and addresses of every officer that has a beneficial interest in or otherwise controls the operation of the company.

   l.  A list of all previous permits or licenses issued to the permittee by the Department or Federal government under the environmental protection acts; the date of issuance and current status of those permits; and the permittee's compliance history concerning the environmental protection acts.

   m.  Proof that any independent contractors retained by the permittee to perform any activities authorized under this general permit are in compliance with Department regulations as required in Condition 12.

   n.  Proof that the applicant has legal right to enter the land and operate the facilities approved under this general permit.

   o.  An irrevocable written consent from the landowner giving the Department permission to enter upon the land where the applicant will be conducting waste management activities.

   p.  Bonding and insurance in an amount acceptable to the Department with supporting documentation.

   q.  Additional information the Department believes is necessary to make a decision.

   Comments concerning the proposed Department initiated general permit should be directed to Ronald C. Hassinger, Chief, General Permits/Beneficial Use Section, Division of Municipal and Residual Waste, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381. Persons interested in obtaining more information or a complete copy of the proposed general permit should contact the Division of Municipal and Residual Waste, (717) 787-7381. TDD users should contact the Department through the Pennsylvania Relay Service, (800) 654-5984. Internet users can access a copy of the proposed general permit at www.dep.state.pa.us (DEP Keyword: Participate; scroll down to ''Proposals Open for Comment'' and choose ''Regulations and Other Proposals''). Public comments must be submitted by November 30, 2005, and may recommend additional conditions or revisions to or approval or denial of the proposed general permit. Following the specified comment period, the Department will review submitted comments, prepare a written comments and response document (CRD) and prepare a final documents package for this general permit. An availability of the final general permit documents, including the CRD, will be announced in the Pennsylvania Bulletin.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 05-1825. Filed for public inspection September 30, 2005, 9:00 a.m.]



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