RULES AND REGULATIONS
Title 25--ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[ 25 PA. CODE CHS. 260a--266a, 266b, 267a, 269a AND 270a ]
Hazardous Waste Management
[39 Pa.B. 201]
[Saturday, January 10, 2009]The Environmental Quality Board (Board) by this order amends Chapters 260a--266a, 266b, 269a and 270a to update the hazardous waste management program. The Board proposes to add a new Chapter 267a (relating to standards for owners and operators of hazardous waste facilities operating under a standardized permit). These amendments and additions are set forth in Annex A.
This order was adopted by the Board at its meeting of September 16, 2008.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information contact Dwayne Womer, Environmental Engineer Manager, Division of Hazardous Waste Management, P. O. Box 8471, Rachel Carson State Office Building, Harrisburg, PA 17105-8471, (717) 787-6239; or Kurt Klapkowski, 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 Pennsylvania 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 of Environmental Protection's (Department) web site www. depweb.state.pa.us.
C. Statutory Authority
This final-form rulemaking is authorized under sections 105, 402 and 501 of the Solid Waste Management Act (SWMA) (35 P. S. §§ 6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (HSCA) (35 P. S. §§ 6020.303 and 6020.305(e)(2)); sections 5, 402 and 501 of The Clean Streams Law (35 P. S. §§ 691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-20). Under sections 105, 402 and 501 of the SWMA, the Board has the power and duty to adopt rules and regulations concerning the storage, treatment, disposal and transportation of hazardous waste that are necessary to protect the public's health, safety, welfare and property, and the air, water and other natural resources of this Commonwealth. Sections 303 and 305(e)(2) of HSCA grant the Board the power and duty to promulgate regulations to carry out the provisions of that act. Sections 5, 402 and 501 of The Clean Streams Law grant the Board the authority to adopt regulations that are necessary to protect the waters of this Commonwealth from pollution. Section 1920-A of The Administrative Code of 1929 grants the Board the authority to promulgate rules and regulations that are necessary for the proper work of the Department.
D. Background and Summary
These changes are being made to address the Secretary's directive to review and revise all Department regulations to implement the goals contained in the Administration's priorities of increased environmental protection and improved human quality of life.
This final-form rulemaking includes revisions to remove obsolete provisions and correct inaccurate references currently in the regulations; delete the outdated coproduct transition scheme; simplify the hazardous waste manifest system; update the financial assurance requirements for bonding; expand and clarify the universal waste requirements; correct an outdated reference to the Board in the hazardous waste facilities siting criteria and add provisions for standardized permits.
The specific Administration priorities addressed in this final-form rulemaking include the following:
* Improving the permitting process by incorporating the Federal standardized permits provision and including regulatory provisions to accomplish this.
* Changing the bonding requirements to improve the reliability of money available to properly close a hazardous waste facility.
* Making a minor correction to the regulation for corrective action for solid waste management units to eliminate an impediment for the Commonwealth to receive Federal authorization, which would provide increased flexibility and further encourage brownfields redevelopment opportunities.
* Simplifying the reporting requirements for hazardous waste manifests and universal wastes to eliminate unnecessary reports and reduce paperwork requirements.
* Adding two new universal wastes that encourage recycling and proper management of hazardous wastes that might otherwise be disposed improperly.
Chapter 260a. Hazardous Waste Management System: General
§ 260a.30. Variances from classification as a solid waste. This section deleted the coproduct transition language, which is obsolete. This language was previously necessary to transition materials that were classified as coproducts and therefore not regulated as waste under the regulations prior to incorporating the Federal definition of solid waste on May 1, 1999. The deadline for transitioning was May 1, 2001.
Chapter 261a. Identification and Listing of Hazardous Waste
§ 261a.8. Requirements for universal waste. This section revises language to include new materials that may be managed as universal waste (oil-based finishes and photographic solutions). This section deleted mercury-containing devices from the universal wastes. 40 CFR now has a parallel regulation which is incorporated by reference. This causes the Pennsylvania-specific universal waste for mercury-containing devices to be redundant and unnecessary.
§ 261a.39. Conditional exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling. A new provision added on final-form rulemaking makes an exception to the blanket substitution of terms to the requirements for exports of used and broken CRTs and processed CRT glass that is being exported. The Environmental Protection Agency (EPA) retains the authority to regulate exports of hazardous wastes to foreign countries even in Federally-authorized states. The blanket substitution of ''Department'' for ''Environmental Protection Agency'' or ''EPA'' in § 260a.3 (relating to terminology and citations related to Federal regulations) is not applicable to exports.
Chapter 262a. Standards Applicable to Generators of Hazardous Waste
§ 262a.10. Incorporation by reference, purpose, scope and applicability. This section excluded University Laboratories XL Project--Laboratory Environmental Management Standard from the incorporation of Federal regulations by reference. These unincorporated citations apply only to specific university laboratories in Massachusetts and Vermont.
§ 262a.12. EPA identification numbers. This section removes the exception to substitution of terms in § 260a.3 because the Department now issues EPA ID numbers and adds the requirement for a generator to submit a subsequent notification if the name of the facility changes. This section clarifies a subsequent notification when there is a change of ''generator status'' instead of ''facility class.''
Subchapter B. Manifest. §§ 262a.20--262a.23. Changes to the manifest system in the incorporated Federal regulations that were published as final rule on March 4, 2005, known as the Uniform Manifest rule, have made Pennsylvania-specific requirements obsolete. The Pennsylvania-specific requirements are being deleted.
§ 262a.21. Manifest tracking numbers, manifest printing, and obtaining manifests. A new provision added on final-form rulemaking makes an exception to the blanket substitution of terms to the requirements for manifest tracking numbers, manifest printing and obtaining manifests. The blanket substitution of ''Department'' for ''Environmental Protection Agency,'' ''EPA'' or ''EPA Director'' in § 260a.3 (relating to terminology and citations related to Federal regulations) is not applicable to this portion of the uniform manifest requirements. These requirements are considered by the EPA to be ''nondelegable'' to authorized states.
§ 262a.41. Biennial report. This section is deleted entirely because it is no longer necessary to modify the EPA report form for use in this Commonwealth.
§ 262a.100. Source reduction strategy. This section corrects an incorrect cross reference to 40 CFR.
Appendix to Chapter 262a. Uniform hazardous waste manifest and instructions (EPA Forms 8700-22 and 8700-22a and their instructions). A new provision added on final-form rulemaking makes an exception to the blanket substitution of terms to the requirements for manifest tracking numbers, manifest printing and obtaining manifests. The blanket substitution of ''Department'' for ''Environmental Protection Agency,'' ''EPA'' or ''EPA Director'' in § 260a.3 is not applicable to this portion of the uniform manifest requirements. These requirements are considered by the EPA to be ''nondelegable'' to authorized states.
Chapter 263a. Transporters of Hazardous Waste
§ 263a.12. Transfer facility requirements. This section removes Pennsylvania-specific manifest requirements for transfer facilities. These are no longer necessary because of the incorporated Federal uniform manifest requirements.
§ 263a.13. Licensing. This section removes an inaccurate cross-reference to § 263a.30 (in Subchapter C. Hazardous Waste Discharges, regarding immediate action).
§ 263a.20. Manifest system, and § 263a.21. Compliance with the manifest. Pennsylvania-specific manifest requirements are being deleted as redundant because of the Federal uniform manifest rule finalized on March 4, 2005.
§ 263a.25. Civil penalties for failure to submit hazardous waste transporter fees, and § 263a.26. Assessment of penalties. These sections were deleted to remove regulatory provision for civil penalties. The provisions have never been used. The Department still has the authority to assess penalties for failure to submit fees, submission of falsified information, failure to submit documentation that no fee was due or failure to meet the time schedule for submission of fees.
Chapter 264a. Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
§ 264a.1. Incorporation by reference, purpose, scope and reference. The amendment clarifies the reference to the Federal Appendix VI to 40 CFR Part 264 that is excluded from incorporation by reference.
§ 264a.71. Use of the manifest system. Pennsylvania-specific manifest requirements are being deleted as redundant because of the Federal uniform manifest rule finalized on March 4, 2005. A new provision added on final-form rulemaking makes an exception to the blanket substitution of terms to the requirements for use of the manifest system. The blanket substitution of ''Department'' for ''Environmental Protection Agency,'' ''EPA'' or ''EPA Director'' in § 260a.3 is not applicable to this portion of the uniform manifest requirements. These requirements are considered by EPA to be ''nondelegable'' to authorized states.
§ 264a.80. Civil penalties for failure to submit hazardous waste management fees, and § 264a.81. Assessment of penalties; minimum penalties. These sections were deleted to remove regulatory provision for civil penalties. These provisions have never been used. The Department still has the authority to assess penalties for failure to submit fees, submission of falsified information, failure to submit documentation that no fee was due or failure to meet the time schedule for submission of fees.
§ 264a.83. Administration fees during closure. This section deletes closure requirements from this section; identical Federal provisions are incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference.)
§ 264a.101. Corrective action for solid waste management units. This section deletes the provision that will prevent Pennsylvania from being approved by the EPA for authorization to implement the RCRA Corrective Action Program.
§ 264a.115. Certification of closure. Language was proposed to be moved from § 264a.83 to this section. However, identical Federal provisions are incorporated by reference. The final-form rulemaking makes no changes to this section.
Chapter 264. Subchapter H. Financial Requirements.
§ 264a.143. Financial assurance for closure and § 264a.145. Financial assurance for postclosure care. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 264a.153. Requirement to file a bond. This section clarifies that only forms prepared and provided by the Department are acceptable for filing a bond.
§ 264a.154. Form, terms and conditions of bond. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 264a.156. Special terms and conditions for collateral bonds and bonds pledging a financial test or corporate guarantee for closure. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 264a.157. Phased deposits of collateral. This section clarifies that only new facilities that are applying for a new permit are eligible for phased deposit of collateral. An existing facility could enter forfeiture early in the phased deposit stage and not have adequate bond to cover closure costs.
§ 264a.168 Bond Forfeiture. This section revises bond forfeiture wording to specify that monies from forfeited bonds will first be used to properly close the facility for which the bond was forfeited (consistent with the Municipal and Residual Waste Regulations).
§ 264a.195. Inspections. This section, relating to hazardous waste tank inspection frequency, is rescinded. A request for interpretation from the PA Chamber of Business and Industry brought to the attention of Department staff that this section may conflict with Federal regulations otherwise incorporated by reference. This section originally supplemented the incorporated Federal regulations by adding a requirement that tanks be inspected every 72 hours when not operating, if waste remains in the tank. The incorporated Federal regulations require tanks to be inspected at least once each operating day. Since tanks are designed to contain an accumulation of hazardous waste, the Department has taken the position that, when waste is in the tank, it is operating and must be inspected once every 24 hours.
Chapter 265a. Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
§ 265a.71. Use of the manifest system. Pennsylvania-specific manifest requirements are being deleted as redundant because of the Federal uniform manifest rule finalized on March 4, 2005. An exception to the blanket substitution of terms to the requirements for use of the manifest system has been made. The blanket substitution of ''Department'' for ''Environmental Protection Agency,'' ''EPA'' or ''EPA Director'' in § 260a.3 is not applicable to this portion of the uniform manifest requirements. These requirements are considered by EPA to be ''nondelegable'' to authorized states.
§ 265a.80. Civil penalties for failure to submit hazardous waste management fees, and § 265a.81. Assessment of penalties; minimum penalties. These sections are deleted to remove regulatory provisions for civil penalties. These provisions have never been used. The Department still has the authority to assess penalties for failure to submit fees.
§ 265a.83. Administration fees during closure. This section deletes closure requirements from this section; identical Federal provisions are incorporated by reference in § 265a.1 (relating to Incorporation by reference, purpose, scope and applicability).
§ 265a.115. Certification of closure. Language was proposed to be moved from § 265a.83 to this section. However, the identical Federal provisions are incorporated by reference. The final-form rulemaking makes no changes to this section.
Chapter 265. Subchapter H. Financial Requirements.
§ 265a.143. Financial assurance for closure and § 265a.145. Financial assurance for postclosure care. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 265a.153. Requirement to file a bond. The amendment clarifies that only forms prepared and provided by the Department are acceptable for filing a bond.
§ 265a.154. Form, terms and conditions of bond. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 265a.156. Special terms and conditions for collateral bonds and bonds pledging a financial test or corporate guarantee for closure. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 264a.157. Phased deposits of collateral. This section is amended to clarify that only new facilities that are applying for a new permit are eligible for phased deposit of collateral. An existing interim status facility could enter forfeiture early in the phased deposit stage and not have adequate bond to cover closure costs.
§ 265a.163. Failure to maintain adequate bond. The amendment clarifies that requests by the Department for additional bond amounts will be in writing and eliminates a reference to failure to make timely payments for a phased deposit of collateral bond type which has been removed from the interim status standards of Chapter 265a (relating to interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities).
§ 265a.168. Bond forfeiture. The amendment revises bond forfeiture wording to specify that moneys from forfeited bonds will first be used to properly close the facility for which the bond was forfeited (consistent with the Municipal and Residual Waste Regulations).
§ 265a.195. Inspections. This section, relating to hazardous waste tank inspection frequency, is rescinded. A request for interpretation from the PA Chamber of Business and Industry brought to the attention of Department staff that this section may conflict with Federal regulations otherwise incorporated by reference. This section originally supplemented the incorporated Federal regulations by adding a requirement that tanks be inspected every 72 hours when not operating, if waste remains in the tank. The incorporated Federal regulations require tanks to be inspected at least once each operating day. Since tanks are designed to contain an accumulation of hazardous waste, the Department has taken the position that, when waste is in the tank, it is operating and must be inspected once every 24 hours.
Chapter 266a. Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
§ 266a.70. Applicability and requirements. The amendment corrects a typographical error that incorrectly refers to § 270a.60(b)(6) as the precious metal reclamation permit-by-rule provision. The correct citation is § 270a.60(b)(5).
Chapter 266b. Universal Waste Management
§ 266b.1. Incorporation by reference and scope. This section is modified by eliminating mercury-containing devices; the incorporated Federal regulations now include mercury-containing equipment with equivalent requirements and by listing two new Pennsylvania-specific materials to be eligible for management as universal wastes under this rulemaking, oil-based finishes and photographic processing solutions.
§ 266b.2 Applicability-mercury containing devices. This section is rescinded.
§ 266b.3. Definitions. The amendment deletes mercury-containing devices and relocates the definitions to the beginning of the subchapter. The section adds technical definitions for the two new materials that are being added as Pennsylvania-specific materials to be eligible for management as universal wastes under this rulemaking (oil-based finishes and photographic solutions).
§ 266b.4. Applicability--oil-based finishes. A new section was added to describe which oil-based finishes will be eligible for management as universal wastes.
§ 266b.5. Applicability--photographic solutions. A new section was added to describe which photographic solutions will be eligible for management as universal wastes.
Chapter 266b, Subchapter B. Small Quantity Handlers of Universal Waste. and Chapter 266b, Subchapter C. Large Quantity Handlers of Universal Waste. This section was modified by adding standards and labeling/marking requirements applicable to the two new materials, which are being added as Pennsylvania-specific materials to be eligible for management as universal wastes under this rulemaking (oil-based finishes and photographic solutions) and removes the management standards for mercury-containing devices.
Chapter 267a. Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit
This is a new chapter that incorporates by reference 40 CFR Part 267, along with a new Chapter 270a, Subchapter I that provides standards for hazardous waste facilities operating under a standardized permit that was published on September 8, 2005, as a final Federal regulation. The rule streamlines the hazardous waste permitting process for tanks, containers and containment buildings. It applies to onsite facilities and facilities controlled by the same company as the offsite generator. The standardized permit provision provides a streamlined process for generators of hazardous waste to obtain a permit to store wastes for greater than 90 days. A standardized permit process is also available to companies that generate hazardous waste at various locations but want to establish a treatment facility at one location for hazardous wastes generated at all locations.
Chapter 269a. Siting.
§ 269a.50. Environmental assessment considerations. The section replaces the Board as the jurisdictional designee of natural areas or wild areas with a more generic designee as a State or Federal agency. The legislation that established the Department of Conservation and Natural Resources (DCNR) and the Department as two separate agencies from the Department of Environmental Resources (DER) effectively changed the designee of these areas from the Board to the DCNR. The details for making these determinations are dealt with in guidance documents that assist applicants for siting hazardous waste facilities.
Chapter 270a. Hazardous Waste Permit Program.
§ 270a.2. Definitions. The definition of ''standardized permit is amended.''
§ 270a.6. References. The amendment corrects a typographical error in the 40 CFR 270.6 citation.
§ 270a.41. Procedures for modification, termination or revocation and reissuance of permits. Changes were made to 40 CFR Part 124, the general requirements for Federal permit issuance that affect hazardous waste permits. The Commonwealth regulations do not incorporate Part 124 by reference; these changes are in the 25 Pa. Code areas that are regulatory analogs to Part 124.
§ 270a.42. Permit modification at the request of the permittee. The amendment clarifies requirements and time frames for public notice for Class 3 modifications.
§ 270.51. Continuation of existing permits. Changes were made to 40 CFR Part 124, the general requirements for Federal permit issuance that affect hazardous waste permits. Pennsylvania regulations do not incorporate Part 124 by reference; these changes are in the 25 Pa. Code areas that are regulatory analogs to Part 124.
§ 270a.60. Permits-by-rule. The section was modified by deleting a defunct notification deadline and adding a clarifying provision establishing that thermal treatment activities are not eligible to operate under the generator treatment in accumulation containers, tanks and containment buildings permit-by-rule.
§ 270a.83. Preapplication public meeting and notice. The amendment eliminates Class 2 permit modification as a ''significant change'' (suggested by the EPA during authorization updated review).
Subchapter I. Procedures for RCRA standardized permit § 270a.201.
This is a new subchapter that incorporates an analog to 40 CFR 124, Subpart G (Procedures for RCRA standardized permit). These permits are for generators who store waste for more than 90 days or conduct treatment in containers, tanks or containment buildings that do not qualify for generator treatment permit-by-rule. This permit is also available for accepting offsite waste from another generator that has the same owner. The standardized permit utilizes standard permit procedures, simplifying the permit process. A standardized permit is not available for thermal treatment.
Note: The new 40 CFR Part 270 Subchapter J--RCRA Standardized Permits for Storage and Treatment Units is incorporated by reference.
E. Summary of Comments and Responses on the Proposed Rulemaking
During the public comment period, the Board received approximately 23 comments from 11 industry organizations, the standing committee of the House and Senate, and the Independent Regulatory Review Commission (IRRC). A major concern raised during the public comment period was on the proposal to eliminate the option to use the Federally-incorporated financial test and corporate guarantee as an option to satisfy the closure and postclosure bond requirement. The final-form regulations eliminate the change to prohibit the use of the financial test and corporate guarantee, effectively retaining them as an option to satisfy the bond requirement. A series of comments were submitted by USEPA Region 3 that will expedite the authorization amendment for these regulations. Although the EPA's comments were received after the close of the public comment period, they were considered and incorporated in the final-form rulemaking.
F. Benefits, Costs and Compliance
Benefits
The regulatory changes will clarify some ambiguous provisions and eliminate redundant provisions and typographical errors. The changes include new requirements that address the Secretary's directive to review and revise all Department regulations to implement the goals contained in the Administration's priorities of increased environmental protection and improved human quality of life. The regulations will also provide a basis to solicit formal comment from the EPA for any changes required for approval of the regulations in an update application for state authorization of the hazardous waste program.
Compliance Cost
Most of the changes include clarifications and corrections that impose no new compliance costs. Some new requirements are intended to reduce compliance costs, such as the two new universal waste listings and the standardized permit. The implementation of the uniform manifest should provide cost saving to the regulated community.
Compliance Assistance Plan
As with previous hazardous waste management regulations, the Department's compliance assistance efforts will take three forms. Following promulgation as final-form rulemaking, the Department will prepare a fact sheet specifically addressing certain changes made by this regulatory amendment. The Department will also continue to work with the regulated community to explain impacts from the amendments and any necessary operational changes to remain in compliance. Information concerning these amendments and any necessary technical guidance documents will also be available on the Department's web site.
Paperwork Requirements
These regulations will result in a net reduction of paperwork requirements by implementing the uniform manifest and reducing other manifest, the universal waste reporting requirements and the standardized permit. Other changes do not affect paperwork requirements.
G. Pollution Prevention
For this regulatory change, the Department will require no additional pollution prevention efforts. The Department already provides pollution prevention educational material as part of its hazardous waste program. There is an existing requirement for hazardous waste generators to develop a source reduction strategy. The new universal wastes will help assure proper recycling or disposal that will facilitate pollution prevention by encouraging appropriate disposal of these wastes, preventing the hazardous constituents from polluting the air, land and water. The Department is actively involved with the EPA in the National Partnership for Environmental Priorities (NPEP) program. The NPEP program targets priority pollutants to reduce or eliminate them in products (which are frequently disposed at end of life) and wastes as the result of manufacturing products.
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 June 22, 2007, the Department submitted a copy of the notice of proposed rulemaking, published at 37 Pa.B. 3249, to the IRRC and the Chairpersons of the House and Senate Environmental Resources and Energy Committees (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(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 19, 2008, these final-form regulations were deemed approved by the Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 20, 2008, 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. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These regulations do not enlarge the purpose of the proposal published at 37 Pa.B. 6421 (July 14, 2007).
(4) These 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 260a, 261a, 262a, 263a, 264a, 265a, 266a, 266b, 269a and 270a are amended by amending §§ 261a.8, 262a.10, 262a.12, 262a.21, 262a.100, 263a.12, 263a.13, 263a.20, 264a.1, 264a.71, 264a.83, 264a.143, 264a.145, 264a.153, 264a.154, 264a.156, 264a.157, 264a.168, 265a.71, 265a.83, 265a.143, 265a.145, 265a.153, 265a.154, 265a.156, 265a.163, 265a.168, 266a.70, 266b.1, 266b.3, 266b.11, 266b.12, 266b.31, 266b.32, 269a.50, 270a.2, 270a.6, 270a.41, 270a.42, 270a.51, 270a.60, 270a.83; by adding §§ 261a.39, 262a Appendix A, 266b.4, 266b.5, 266b.29, 266b.39, 267a.1, 267a.71, 261a.75, 267a.143 and 270a.201--270a.214; and by deleting §§ 260a.30, 262a.20, 262a.22, 262a.23, 262a.41, 263a.21, 263a.25, 263a.26, 264a.80, 264a.81, 264a.101, 264a.195, 265a.80, 265a.81, 265a.157, 265a.195 and 266b.2 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(Editor's Note: The proposal to amend §§ 264a.115 and 265a.115 (relating to certification of closure) included in the proposal at 37 Pa.B. 3249 have been withdrawn by the Board.)
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of 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 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.
JOHN HANGER,
Acting Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 6668 (December 6, 2008).)
Fiscal Note: Fiscal Note 7-409 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE VII. HAZARDOUS WASTE MANAGEMENT
CHAPTER 260a. HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
Subchapter C. RULEMAKING PETITIONS § 260a.30. (Reserved).
CHAPTER 261a. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subchapter A. GENERAL § 261a.8. Requirements for universal waste.
In addition to the requirements incorporated by reference, oil-based finishes and photographic solutions as defined in § 266b.3 (relating to definitions) are included as wastes subject to regulation under Chapter 266b (relating to universal waste management).
§ 261a.39. Conditional exclusion for used, broken cathode ray tubes (CRTS) and processed CRT glass undergoing recycling.
Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 261.39(a)(5) (relating to conditional exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling).
CHAPTER 262a. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
Subchapter A. GENERAL § 262a.10. Incorporation by reference, purpose, scope and applicability.
Except as expressly provided in this chapter, 40 CFR Part 262 and its appendices (relating to standards applicable to generators of hazardous waste) are incorporated by reference. In 40 CFR 262.10(g) (relating to purpose, scope and applicability), the term ''section 3008 of the act'' is replaced with ''Article VI of the Solid Waste Management Act (35 P. S. §§ 6018.601--6018.617).'' 40 CFR 262.10(j) and (k) (relating to purpose, scope, and applicability) and Part 262 Subpart J (relating to University Laboratories XL Project--Laboratory Environmental Management Standard) are not incorporated by reference.
§ 262a.12. EPA identification numbers.
In addition to the requirements incorporated by reference:
(1) A generator shall submit a subsequent notification to the Department if:
(i) The generator activity moves to another location.
(ii) The generator facility's designated contact person changes.
(iii) The ownership of the generator facility changes.
(iv) The type of regulated activity that takes place at the generator facility changes.
(v) The generator's generator status changes, except when the generator status change is temporary.
(vi) The name of the facility changes.
(2) A generator shall offer a shipment of hazardous waste only to a transporter with a valid license issued by the Department.
Subchapter B. MANIFEST § 262a.20. (Reserved).
§ 262a.21. Manifest tracking numbers, manifest printing and obtaining manifests.
Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 262.21 (relating to manifest tracking numbers, manifest printing and obtaining manifests).
§§ 262a.22 and 262a.23. (Reserved).
§ 262a.41. (Reserved).
Subchapter I. SOURCE REDUCTION STRATEGY § 262a.100. Source reduction strategy.
(a) By January 17, 1994, a person or municipality that generates hazardous waste shall prepare a source reduction strategy in accordance with this section. Except as otherwise provided in this article, the strategy shall be signed by the person or municipality that generated the waste, be maintained on the premises where the waste is generated, be available on the premises for inspection by any representative of the Department and be submitted to the Department upon request. The strategy may designate certain production processes as confidential. This confidential information may not be made public without the expressed written consent of the generator. Unauthorized disclosure is subject to appropriate penalties as provided by law.
(b) For each type of waste generated, the strategy must include:
(1) A description of the source reduction activities conducted by the person or municipality in the 5 years prior to the date that the strategy is required to be prepared. The description must quantify reductions in the weight or toxicity of waste generated on the premises.
(2) A statement of whether the person or municipality established a source reduction program. This program must identify the methods and procedures that the person or municipality will implement to achieve a reduction in the weight or toxicity of waste generated on the premises, quantify the projected reduction in weight or toxicity of waste to be achieved by each method or procedure and specify when each method or procedure will be implemented.
(3) If the person or municipality has not established a source reduction program as described in paragraph (2), it shall develop a strategy including the following:
(i) A waste stream characterization, including source, hazards, chemical analyses, properties, generation rate, management techniques and management costs.
(ii) A description of potential source reduction options.
(iii) A description of how the options were evaluated.
(iv) An explanation of why each option was not selected.
(c) The strategy required by this section shall be updated when either of the following occurs:
(1) There is a significant change in a type of waste generated on the premises or in the manufacturing process, other than a change described in the strategy as a source reduction method.
(2) Every 5 years, unless the Department establishes, in writing, a different period for the person or municipality that generated the waste.
(d) If hazardous waste generated by a person or municipality will be treated, stored or disposed of at a solid waste management facility which has applied to the Department for approval to treat, store or dispose of the waste, the person or municipality that generated the hazardous waste shall submit the source reduction strategy required by this section to the facility upon the request of the facility.
(e) This section does not apply to persons or municipalities that generate a total of less than 1,000 kilograms of hazardous waste in each month of the year.
(f) A person or municipality that generates hazardous waste may reference existing documents it has prepared to meet other waste minimization requirements to comply with this section, including those proposed to comply with 40 CFR 262.41(a)(5)--(7) (relating to biennial report).
Appendix A
Uniform Hazardous Waste Manifest and Instructions
(EPA Forms 8700-22 and 8700-22A and their instructions)Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and their instructions).
CHAPTER 263a. TRANSPORTERS OF HAZARDOUS WASTE
Subchapter A. GENERAL § 263a.12. Transfer facility requirements.
In addition to the requirements incorporated by reference:
(1) A transporter storing hazardous waste at a transfer facility for periods of not more than 10 days but greater than 3 days shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan as required by § 263a.13(b)(4) (relating to licensing). This plan shall be submitted under section 403(b)(10) of the act (35 P. S. § 6018.403(b)(10)) and approved in writing by the Department prior to the initiation of the storage.
(2) A transporter transferring hazardous waste from one vehicle to another at a transfer facility shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan as required by § 263a.13(b)(4). This plan shall be submitted under section 403(b)(10) of the act and shall be approved in writing by the Department.
§ 263a.13. Licensing.
(a) Except as otherwise provided in subsection (b), § 261a.5(c), § 266a.70(1) or § 266b.50 (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators; applicability and requirements; and applicability), a person or municipality may not transport hazardous waste within this Commonwealth without first obtaining a license from the Department.
(b) A person or municipality desiring to obtain a license to transport hazardous waste within this Commonwealth shall:
(1) Comply with 40 CFR 263.11 (relating to EPA identification number).
(2) File a hazardous waste transporter license application with the Department. The application shall be on a form provided by the Department and completed as required by the instructions supplied with the form.
(3) Deposit with the Department a collateral bond conditional upon compliance by the licensee with the act, this article, the terms and conditions of the license and a Department order issued to the licensee. The amount, duration, form, conditions and terms of the bond must conform to § 263a.32 (relating to bonding).
(4) Submit a transporter contingency plan for effective action to minimize and abate discharges or spills of hazardous waste from an incident while transporting hazardous waste, in accordance with the Department's guidelines for contingency plans.
(5) Supply the Department with relevant additional information it may require.
(c) Upon receiving the application and the information required in subsection (b), the Department will evaluate the application for a license and other relevant information and issue or deny the license. If a license is denied, the Department will advise the applicant in writing of the reasons for denial.
(d) A license granted or renewed under this chapter is valid for 2 years unless the Department determines that circumstances justify issuing a license for less than 2 years. The expiration date will be set forth on the license.
(e) A license to transport hazardous wastes is nontransferable and nonassignable and usable only by the licensee and employees of the licensee.
(f) The Department may revoke or suspend a license in whole or in part for one or more of the following reasons:
(1) Violation of an applicable requirement of the act or a regulation promulgated under the act.
(2) Aiding or abetting the violation of the act or a regulation promulgated under the act.
(3) Misrepresentation of a fact either in the application for the license or renewal or in information required or requested by the Department.
(4) Failure to comply with the terms or conditions placed upon the license or renewal.
(5) Failure to comply with an order issued by the Department.
(6) Failure to maintain the required bond amount.
(g) The application for a license shall be accompanied by a check for $500 payable to the ''Commonwealth of Pennsylvania.'' The application for license renewal shall be accompanied by a check for $250 payable to the ''Commonwealth of Pennsylvania.''
(h) In addition to the fees required by subsection (g), the transporter shall submit a fee of $5 for each license card requested in excess of ten cards.
(i) The licensee shall notify the Department within 30 days of any change in the information contained in the license application.
(j) A copy of the transporter contingency plan approved at licensure or approved as amended shall be carried on the transport vehicle while transporting hazardous waste.
Subchapter B. COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING § 263a.20. Manifest system.
Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply in 40 CFR 263.20 (relating to manifest system), as incorporated by reference into this chapter.
§ 263a.21. (Reserved).
§ 263a.25. (Reserved).
§ 263a.26. (Reserved).
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