[27 Pa.B. 521]
[Continued from previous Web Page] j. Pollutant limits--§ 271.914
The Department received a number of comments that the pollutant limits should be consistent with those in Part 503.
The pollutant limits previously found in the Department's guidelines are now in the final-form regulations and differ somewhat with the proposed limits. For example, the limit for cadmium for the EQ sewage sludge was 25 mg/kg in the guidelines referenced in the proposed regulations. It is 39 mg/kg in the final-form regulations, consistent with Part 503. The limits for chromium found in the guidelines do not appear in the final-form regulations because the EPA deleted them from Part 503. See 60 FR 54764 (1995). Similarly, the final-form regulations reflect increases in the limits for selenium and molybdenum effected by Federal rulemakings. Id. and 59 FR 9095 (1994). The limits in the final-form regulations are further explained under the heading: ''Sewage sludge final-form regulations more stringent than Federal standards,'' of this Preamble.
Additionally, the final-form regulations incorporate by reference any new or revised pollutant concentration or loading rate published in the Federal Register as a modification to Part 503. If the Department is not satisfied with a future EPA amendment, the Department may present a rulemaking to the Board to justify the Department's dissatisfaction in order to avoid having to adopt the amendment.
k. Isolation distances--§ 271.915
The Board received various comments on the isolation distances in the proposed regulations. As a result, several of the isolation distances have been revised.
The distance from an intermittent stream in the proposed regulations was 100 feet; in the final-form regulations it is 33 feet to be consistent with Part 503. See § 271.915(c)(1).
The proposed regulations set a distance to the seasonal high water table of 12 inches without incorporation and 20 inches with incorporation. The final-form regulations set a distance in both cases of 11 inches. See § 271.915(c)(7). Soils with less than 11 inches between ground level and the seasonal high water table are classified as hydraulic or wetland soils, and the management practices would need to be intensified significantly for them. This distance was also recommended by the Agricultural Advisory Board.
Similarly, the proposed regulations set a distance to the regional groundwater table of 4 feet, whereas the final-form regulations set the distance at 3.3 feet to be consistent with Part 503. EPA's risk-based assumptions used a 3.3 foot (1 meter) setback. See § 271.915(c)(7).
l. Nonorganic objects in sewage sludge (including septage)--§ 271.915(l)
The Pennsylvania Septage Management Association expressed concern on the requirement to remove nonorganic objects from septage prior to application.
The Board finds that this requirement is important. The final-form regulations retain the requirement to remove nonorganic objects from septage prior to land application. The regulations do not require a specific method for removal of these materials and, as a result, provides maximum flexibility to the hauler. The aesthetic impact of removing the materials will go a long way toward the eventual public acceptance of the land application of these materials.
m. Frequency of monitoring sewage sludge quality--§ 271.917 (relating to frequency of monitoring)
The Board received several comments on the frequency of monitoring of sewage sludge quality. One comment requested that the Board allow less frequent monitoring, upon request, after 2 years of monitoring, consistent with Part 503.
The frequency of monitoring sewage sludge quality remains the same in the final-form regulations except that two Federal requirements have been added: for some qualities of residential septage, each container of residential septage applied to the land shall be monitored; and for some qualities of sewage sludge, monitoring frequency may be reduced, with Department approval, after 2 years of monitoring.
n. Recordkeeping requirements--§ 271.918 (relating to recordkeeping)
The Board received comments requesting that the records and recordkeeping requirements remain consistent with the Federal Part 503 regulations, to prevent dual records and recordkeeping efforts. There were also comments requesting that recordkeeping be revised to provide that the date and time of sewage sludge application at each site must be recorded.
The recordkeeping and reporting requirements in the final-form regulations differ from those in the proposed regulations. The final-form regulations largely track the Part 503 requirements, retaining recordkeeping requirements and adding the requirement to record dates and times of application of non-EQ sewage sludge. Records shall be produced to the Department upon request.
In addition, the biennial report that was required of sewage sludge generators in proposed § 271.901 (relating to Biennial report--generator of sewage sludge other than residential septage) has been eliminated in order to avoid duplication of information that will be requested in other reports.
o. Guidelines
Several commentators expressed concern about using the Interim guidelines to define sewage sludge quality. Others were confused on how the guidelines were changed to provide methods for calculating nitrogen loading.
The final-form regulations eliminate the reliance placed upon guidelines for permits issued under Subchapter J in the proposed regulations. The sewage sludge quality tables and the cumulative loading rates of Part 503, found in the guidelines, are now contained in the regulations. The final-form regulations also include the requirements for pathogen reduction from Part 503. The nitrogen loading calculations will be based on the Federal guidelines that accompany the Part 503 regulations. The Department will only develop additional guidelines, if necessary, to clarify or interpret the final-form regulations. The final rulemaking references EPA's guidance for calculating agronomic loading rates.
The interim guidelines will remain in effect, however, for the benefit of persons operating under Chapter 275 individual land application permits.
6. Grants--§ 272.315 (relating to limits on Department's authority to award grants)
The Board received a comment requesting that grant authorization under this section be extended to items that directly relate to tasks applied for in the original grant application.
The Board has revised § 272.315 to indicate that grants may only be awarded for items which are included in a grant application or which are proposed to be used for the same limited purpose as an item included in a grant application. This change was needed to eliminate confusion which has existed in the past.
7. Daily and intermediate cover at landfills--§§ 273.232 and 273.233 (relating to daily cover; and intermediate cover and slopes)
The Board received a number of comments concerning the proposal to require daily cover to be incapable of sustaining burning. The commentators expressed concern that the language was not stringent enough to serve its intended purpose.
The Board has revised the landfill daily cover requirement of § 273.232 to require daily cover to be capable of controlling fires. This language tracks the Federal language of 40 CFR 258.21. The Department will work with the Pennsylvania Fire Services Institute and industry representatives to develop criteria for evaluating performance standards for determining which materials meet this standard.
The Board made a corresponding revision to the intermediate cover requirements found in § 273.233.
The Board also corrected subsection (c) of the daily cover requirements by inserting the word ''loam,'' which had accidentally been left out of the design standards.
8. Individual Sewage Sludge Land Application Permits--Chapter 275
The Board received a wide range of comments on the proposed revisions to Chapter 275. Some addressed specific revisions, such as hauler requirements and training requirements, and others addressed more general concerns, especially requesting exemptions from requirements for EQ sewage sludge.
The proposed regulations envisioned a program in which general permits would be available for high quality sewage sludge under Subchapter J, and individual permits would be available for lower quality sewage sludge under Chapter 275. The final-form regulations provide for individual and general permits under Subchapter J. Therefore, there is no need to retain Chapter 275 other than to provide a permitting mechanism until Subchapter J becomes effective, and to enforce existing Chapter 275 permits until they expire. Consequently, most of the changes that were proposed to be made to Chapter 275 are no longer necessary or appropriate and are eliminated in the final rulemaking. The remaining changes address the breadth of permitting options and make several other clarifications.
Two provisions in Subchapter J will expressly apply to permits that have been or will be issued under Chapter 275: the requirement to obtain training before land applying sewage sludge, § 271.915(j), and the requirement to display the permit number on the vehicle land applying sewage sludge, § 271.915(k).
The permit application sections are deleted effective May 27, 1997, because permits will no longer be available under this chapter after that date. See §§ 275.101--275.107, 275.301 and 275.401.
The requirements for training, displaying permit numbers, and various types of notification in proposed § 275.201 have been deleted and restated in Subchapter J. Proposed § 275.209, which also set forth the training requirements, has been eliminated.
The sections of Chapter 275 concerning surface land disposal, §§ 275.501--275.531, are deleted, effective upon publication of this rulemaking in the Pennsylvania Bulletin. Corresponding changes have been made in § 271.1 by revising the proposed definition of ''land application'' to eliminate reference to ''surface land disposal'' and by deleting the definition of ''land disposal.''
9. Transportation of Residential Septage--§ 285.225
The Board received several comments on this section, suggesting that the requirements for sewage sludge transporters to register with the Department should be deleted.
The final-form regulations have changed. They require that septage haulers--as opposed to all sewage sludge haulers--register with the Department and include an identification number on the transporting vehicle, as explained under the heading: ''Sewage sludge final-form regulations more stringent than Federal standards,'' in this Preamble. The change was made in order to help the Department identify residential septage haulers who may be land applying septage without a permit and to increase accountability of land appliers. The requirement was eliminated for haulers of sewage sludge other than residential septage because information about them is already more accessible to the Department through the treatment plants and others who prepare sewage sludge for land application.
In addition to major changes made in response to public comments, other changes included in the final-form regulations are summarized as follows.
1. Definitions--§ 271.1 (relating to definitions)
a. Horticultural and turf grass production
The definition of ''horticultural and turf grass production,'' which was added in the proposed regulations to address a category of activity addressed by the general permit provisions for the land application of sewage sludge, has been deleted on final because of changes in the land application provisions which cover this activity.
b. Intermittent stream
A definition of ''intermittent stream'' has been added because the isolation distances in § 271.915 of the final-form regulations address both perennial and intermittent streams. The definition is identical to that found in the Department's mining regulations and residual waste regulations.
c. Land application
The proposed definition of ''land application'' has been revised to eliminate the reference to ''surface land disposal.''
d. Land disposal
The definition of ''land disposal'' has been deleted in accordance with the deletion of §§ 275.501--275.531 concerning surface land disposal of sewage sludge.
e. Permit
The definition of ''permit'' has reverted to its original form.
f. Seasonal high water table
The definition of ''seasonal high water table'' has been deleted and replaced with a more concise definition based on the current method used to delineate seasonal high water tables by the Natural Resources Conservation Service.
g. Sewage sludge
The definition of ''sewage sludge'' has been amended to include materials derived from sewage sludge. An example of a material derived from sewage sludge would be composted sewage sludge. This consolidates the two separate concepts of preparing sewage sludge and deriving sewage sludge contained in Part 503.
2. Special Definitions--§§ 271.907 and 271.932 (relating to special definitions; and pathogens)
Subchapter J contains a number of definitions specific to the land application of sewage sludge. They track the Part 503 definitions, with several exceptions:
a. Agricultural land
Agricultural land is land on which silvicultural crops or horticultural crops, in addition to crops identified in Part 503, are grown. Adding these crops expands the lands upon which additional precautions are taken in land applying sewage sludge, and is consistent with Part 503.
b. Bag or other container
A definition of ''bag or other container'' has been added because the phrase is used frequently in Subchapter J with regard to EQ sewage sludge that is exempt from certain requirements if old, given away or otherwise distributed, in a bag or other container for land application.
c. Land application of sewage sludge general permit, and land application of sewage sludge permit
Permits issued under Subchapter J will be permits for the beneficial use of sewage sludge by land application. They may be general or individual permits.
d. Cover crop
A definition of ''cover crop'' has been added because the term is used in the definition of ''agronomic rate.''
e. Domestic sewage, feed crops, fiber crops, food crops, industrial wastewater, pollutant, pollutant limit, public contact site, runoff, treat or treatment of sewage sludge, treatment works
These EPA definitions were added because they are used in Subchapter J and did not exist in current or proposed regulations.
f. Frozen ground
A definition of ''frozen ground'' was added at the request of the Department's Agricultural Advisory Board. The term is used in the management practices section of Subchapter J.
g. Municipality, person
These definitions differ from the definitions in § 271.1. They are added in order to coordinate permits issued under Subchapter J with NPDES permit requirements.
h. Pasture
This definition was carried over from the State Conservation Commission's proposed nutrient management regulations.
i. Range land
This definition was added at the request of the Agricultural Advisory Board because the term is used in Subchapter J.
j. Wetlands
A definition of ''wetlands'' is added which is identical to that in § 105.1 (relating to definitions) in order to clarify the term as it is used in Subchapter J.
3. Beneficial Use--Subchapter I, §§ 271.811--271.842
A number of revisions have been made to Subchapter I, relating to beneficial use of municipal waste other than sewage sludge, to clarify the process.
a. Bonding and insurance
The Board has clarified the bonding and insurance exemptions applicable to general permits, in § 271.811(d) (relating to application for general permit), specifying activities and facilities for which bonding and insurance may not be waived. Under the proposed regulations, bonding and insurance were required in all cases, unless an applicant could demonstrate that there was a low likelihood that waste being handled could be contaminated with hazardous waste and that the quantity of waste stored at the processing or beneficial use facility may present a threat of harm to the public or the environment. Rather than asking applicants to determine in advance of filing an application whether a bond is required, the Board has included specific criteria in the final-form regulations that will indicate when a bond should be required and how the amount of the bond should be determined. Bonding and public liability insurance will be required for composting facilities, construction/demolition waste processing facilities, and facilities that process municipal waste to produce refuse derived fuel. Also, bonding and insurance requirements must be met if the waste managed is potentially harmful or if large quantities of waste are stored.
b. Permit renewal fee
The Board has added a fee for permit renewal, in § 271.816(d) (relating to permit renewal), which was overlooked in the proposed rulemaking. The fee is $300.
c. Waiver and modification
The Board has clarified § 271.822 (relating to waiver and modification of requirements) by specifying which portions of Article IX may not be waived or modified.
4. Beneficial Use of Sewage Sludge--Subchapter J, §§ 271.901--271.934
a. Permits--§ 271.902 (relating to permits and direct enforceability)
Section 271.902 has been written to clarify the type of permit that is available for the type of activity. In particular, for a sewage sludge land application project that will be carried out in an exceptional value watershed, an individual land application of sewage sludge permit will be required, because the water quality regulations prohibit land application of sewage sludge general permits from being issued for use in these areas. Other projects may be carried out under land application of sewage sludge general permits.
b. Sampling and analysis--§ 271.906 (relating to sampling and analysis)
Methods for sampling and analyzing sewage sludge quality are expanded in the final-form regulations by cross referencing seven publications adopted by the EPA and by incorporating by reference any later amendments published in the Federal Register. Other methods may be approved by the Department. This system replaces the proposed regulation which cross referenced the Department's Guidelines.
c. General requirements and management practices--§§ 271.913 and 271.915
Some of the changes in this area are discussed in this Preamble under the heading: ''Summary of Comments and Responses on the Proposed Rulemaking.'' Others are as follows:
The final-form regulations add a series of responsibilities concerning sharing of information. See § 271.913(i)--(m). This comes directly from Part 503 and is an important component in helping determine whether and how much sewage sludge may be applied at a site.
The management practices now require, consistent with Part 503, that endangered species be considered before a site is selected for land application. See § 271.915(a).
Both the proposed and final-form regulations restrict land application within 100 feet of a sinkhole, but the final-form regulations clarify that this distance is measured from the edge of the sink hole. See § 271.915(c)(2).
Both the proposed and final-form regulations restrict land application within 300 feet of an occupied residence, unless waived, but the final-form regulations allow land application activities to continue closer than that if the residence came into existence after the land applier gave adjacent landowner notification under § 271.913(g). See § 271.915(c)(3). This clause was added at the request of the Agricultural Advisory Board in order to prevent later improvements to nearby properties to interfere with preexisting land application activities.
The proposed regulations required a farm conservation plan and a nutrient management plan to be implemented at a farm on which sewage sludge was to be land applied for agricultural utilization purposes. The final-form regulations require that sewage sludge (including EQ sewage sludge) being land applied for agricultural utilization not be applied at a rate greater than the agronomic rate in order to avoid over-application of nutrients. See § 271.915(f). The final-form regulations do not require a nutrient management plan. They require a management plan if sewage sludge is to be land applied at a farm at which nitrogen from manure already meets the nutrient needs of the farm for realistic expected crop yields. See § 271.915(g). The management plan would indicate other uses for the manure.
5. Other changes
Minor revisions were made in §§ 271.102, 271.123, 271.801, 271.812--271.815, 271.821, 271.831--271.833, 271.841, 271.842 and 285.201 for clarification purposes. Most of the revisions were to a section number, a title or a section number cross reference.
Residual Waste Regulations
The following is a summary of major comments received and changes which have been made to the proposed rulemaking in response to the comments received.
1. Permit-by-rule--§ 287.102 (relating to permit-by-rule)
a. Surface impoundments associated with wastewater treatment facilities
The proposed regulations included a transition scheme for bringing storage impoundments associated with captive facilities and wastewater treatment facilities into compliance with Chapter 299. In order for a person who operates a facility to make a decision whether to close or continue to operate an impoundment in accordance with the 1992 regulations, it is necessary to determine whether the impoundment is associated with any groundwater degradation. To make this determination, water quality monitoring must be implemented.
Two commentators indicated that imposition of a 6-month deadline for submission of water quality monitoring plans for all residual waste storage impoundments is unwarranted and would subject the facilities to unnecessary financial and other associated burdens.
The 6-month deadline in the proposed regulations only applied to impoundments associated with wastewater treatment facilities and captive facilities operating under a permit-by-rule, since compliance issues relating to the processing facility were at risk. As originally adopted in 1992, § 287.112 (relating to storage impoundments and storage facilities) of the residual waste regulations states that ''within 6 months after receiving written notification from the Department, an operator of a residual waste storage impoundment that has not submitted a water quality monitoring plan under § 287.111 shall submit the plan to the Department.'' The 6-month period provided for in these final-form regulations serves as the Department's written notification for a category of storage impoundments.
The implementation schedule for the water quality monitoring plans was also raised as an issue. The proposed regulations required that all plans be implemented within 6 months of the Department's approval of the plan. This language is consistent with § 287.112 of the 1992 regulations which state that ''the operator of a residual waste storage impoundment shall implement a water quality monitoring plan that meets the requirements of this article within 6 months after the Department approves the plan.'' Due to the large number of storage impoundments that exist, the 1992 regulations allow for a 10-year period to complete notification, review and implementation of water quality monitoring plans for all storage impoundments, including those associated with a permit-by-rule. The final-form regulations allow for an extension of time for implementation of water quality monitoring plans, beyond the 6 months, as long as implementation takes place no later that July 4, 2002. This language is consistent with § 287.112 of the 1992 regulations. The Department will prioritize review of monitoring plans based on the risks to human health and the environment and will schedule the implementation of the plans through July 4, 2002. This change on final rulemaking is consistent with another commentator's recommendation to extend the implementation schedules in order to allow for implementation in phases.
One commentator indicated that storage impoundments which are part of permit-by-rule processing facilities are already regulated under The Clean Streams Law and should not be subject to the operational requirements of § 299.144 (relating to operating requirements) of the residual waste regulations.
Under the 1992 rulemaking, Chapter 101 (relating to special water pollution regulations), implementing The Clean Streams Law, was amended to exclude residual waste facilities and the regulation of these facilities was relocated to the residual waste regulations, including Chapter 299. The purpose of the change was to keep all regulations governing residual waste facilities in one location of The Administrative Code of 1929.
b. Incinerators
The proposed regulations did not include any changes to the scope of this permit-by-rule. A commentator, however, commented that the scope should be expanded to allow a generator with multiple facilities to aggregate wastes to be burned at an incinerator.
The final-form regulations include language that is in place for captive processing facilities and allows the burning of wastes at the generation site if the incinerator processes waste that is generated solely by the operator and processing occurs at the same production facility where some or all of the waste is generated.
c. Mechanical processing facilities
The proposed regulations prohibit facilities that separate waste oil and water from qualifying for permit-by-rule. The Board proposed this change based on the Department's experience with these operations and is attempting to prevent the improper and inadvertent acceptance of hazardous waste at these facilities. Two commentators suggested that rather than eliminating these operations from being eligible for permit-by-rule, the Department should ensure that generators of wastes properly classify their waste streams. The Board continues to maintain that a general or individual permit is the best management option for these facilities, and the final-form regulations include the prohibition.
2. General permits--§ 287.601--287.651
The proposed regulations deleted the ''me too'' process, § 287.644 (relating to waiver of registration or determination of applicability requirements), from the general permits program. The ''me too'' process was originally intended for use by a person who has a similar operation as another person who has applied for a general permit. In that situation, the person with the similar operation could apply to be covered under the other person's general permit if he notified the Department during the public comment period of the proposed general permit. Although it was expected to streamline the general permit process, experience with the ''me too'' process has shown that the time period for issuance of a general permit for the original applicant has actually been lengthened. One commentator suggested that the Department examine whether changes exist that could be instituted to make the ''me too'' process more efficient. The Board has concluded that the registration and determination of applicability processes are more efficient, since the ''me too'' process generally results in one company's incomplete application holding up another company's complete application. Therefore, the final-form regulations have eliminated the ''me too'' process.
In § 287.621(d)(relating to application for general permit), the Board proposed criteria for determining when bonding and public liability insurance requirements must be met under the general permit program. Under the proposed regulations, bonding and insurance were required in all cases, unless an applicant could demonstrate that there was a low likelihood that waste being handled could be contaminated with hazardous waste and that the quantity of waste stored at the processing or beneficial use facility may present a threat of harm to the public or the environment. Two commentators indicated that this language was a problem because applicants will be faced with trying to determine whether a bond is required prior to filing an application. It was recommended that the Board include specific criteria in the final-form regulations that will indicate when a bond should be required and how the amount of the bond should be determined.
It has always been the practice of the Department to encourage preapplication meetings with all potential applicants to discuss all aspects of an application process, including bonding and insurance matters. By including criteria in the regulations, the Board is attempting to give notice of the types of circumstances that will require bonding and insurance in all cases. The final-form regulations contain revised criteria. Bonding and public liability insurance will be required for waste tire operations, waste oil operations and contaminated soil operations. Also, bonding and insurance requirements must be met if the waste managed is potentially harmful or if large quantities of waste are stored.
In § 287.621(b), the Board proposed a discretionary waiver of the requirement to meet waste quality limitations on the use of residual wastes that contain contaminants identified as secondary maximum contaminant levels. Under the 1992 regulations, the waste was required to meet the waste quality requirements of § 288.623(a) (relating to minimum requirements for acceptable waste) if the waste was being beneficially used directly on the land.
One commentator supported the addition of a waiver of the requirements related to the secondary maximum contaminant levels. The final-form regulations continue to include the proposed waiver language.
3. Beneficial use of coal ash--§§ 287.661--287.665
The Board proposed a few regulatory changes to §§ 287.663 and 287.664 (relating to coal ash surface coal mining sites; requests for approval; and coal ash at surface coal mining sites; operational requirements). Under § 287.663, the Board proposed an alternative mechanism for characterizing groundwater quality instead of monitoring for the data. Proposed changes to § 287.664 included adding a criterion for the final cover after placement of coal ash has taken place at a surface mining site and allowing for existing discharges to be used as monitoring points for evaluating groundwater degradation.
Commentators suggested specific changes to design requirements for the beneficial use of coal ash. Changes recommended include more flexibility on groundwater monitoring and more flexibility with regard to placement of ash materials and compaction.
In response to these comments and based on an overall review of the beneficial uses of coal ash at surface mine and abandoned mine sites, the final-form regulations for §§ 287.663 and 287.664 have been rewritten and include significant changes. The regulations applicable to the Bureau of Mining and Reclamation and the Bureau of Abandoned Mine Reclamation have been incorporated for such things as groundwater monitoring and reclamation plan requirements. References to residual waste regulations for groundwater monitoring have been deleted. The regulations commit the Department to develop a technical guidance document to facilitate review of beneficial uses of coal ash at coal mining activities and at abandoned mine sites. Also, the Department is committed to the development of certification guidelines to allow generators of coal ash to certify that the coal ash meets chemical and physical characteristics that are appropriate for various beneficial uses.
Overall, the changes to the coal ash provisions will allow greater flexibility for an applicant to propose designs that are appropriate for a particular site and will encourage more coal ash utilization. The final-form regulations place an emphasis on performance standards and tie the performance directly into reclamation plans under the mining and abandoned mine programs. By encouraging more beneficial uses of coal ash at already disturbed areas, the need for the development of more coal ash landfills will be reduced.
In addition to changes made in response to public comments, other major changes included in the final-form regulations are summarized as follows.
1. Permit-by-rule--§ 287.102 (relating to permit-by-rule)
a. Transfer facilities that collect used oil
The final-form regulations no longer include other sites as eligible for operating under this permit-by-rule. Controversy over the meaning of the phrase ''other sites'' has caused this change in the regulations. The permit-by-rule is intended to apply to a very narrow class of used oil facilities. Primarily, this permit-by-rule was intended to cover facilities that collect used oil from members of the public that perform individual automobile maintenance. New language was added to this permit-by-rule to allow a captive processing facility that collects used oil generated only by the operator to serve as a collection point for employes of the facility operator who perform oil changes on their own automobiles. Used oil transfer facilities that do not fit within the description of this permit-by-rule section may apply for a general permit or individual permit.
b. Mechanical processing facilities
The final-form regulations include permit-by-rule coverage for a very narrow class of waste tire processing operations. A permit-by-rule is available for the processing of existing tire piles that takes place for the sole purpose of remediation. No additional tires may be brought to the site for processing and the processed tires must be promptly removed for offsite reuse or disposal. Other tire processing operations must obtain either an individual or general permit.
c. Container processing and drum reconditioning facilities
Two new categories of processing were added to the permit-by-rule section. Facilities that process, by cleaning and rinsing, empty containers or empty drums for reuse are now eligible for permits by rule.
2. General Permits
On final rulemaking, § 287.611 (relating to authorization for general permit) was changed to allow for mixtures of municipal and residual waste to be managed under general permits. Depending on which article is most appropriate for the management of a facility that handles a mixture of municipal and residual waste, the general permit process under Article VIII or Article IX may apply.
A permit renewal process that was included in the proposed rulemaking, § 287.626, is contained in the final-form regulations.
In addition to the changes identified in this Preamble, minor revisions were made in this final rulemaking to the following sections: 287.1, 287.51, 287.102, 287.601, 287.611, 287.621, 287.622, 287.625, 287.626, 287.632, 287.642, 287.644, 287.651, 287.652 and 287.662--287.665.
F. Benefits and Costs
Benefits
The benefits are best described as a streamlining, or improvement, of the current land application requirements, resulting in a more rapid response by the Department and decreased costs to the operator. There are approximately 3,000 municipal wastewater treatment plants located in this Commonwealth. It is anticipated that over half of these facilities will opt to land apply under the new system.
The final-form regulations will eliminate sewage sludge generators' need for expensive application preparation costs associated with a site specific application for those activities which will now be covered under a general permit. Generators will benefit from reduced costs for preparation of a general permit application and the Department will benefit from reduced staff time required for reviewing site specific applications.
Those treatment plants that generate EQ sewage sludge which is similar to fertilizer may land apply under the regulations without site management practices.
Compliance Costs
The final-form regulations will benefit those persons that generate sewage sludge and use land application as the method of managing the material. The permitting processes will be streamlined and will result in a rapid response to applicants by the Department, and decreased costs to operators.
The current cost for preparation and implementation of an individual land application permit is $10,000 per site. This combined with a $1,200 permit application fee requires all applicants to spend about $11,200 per application. The final-form regulations allow applicants to apply for coverage under a general permit which will be prepared by the Department. The cost to apply for coverage to participate under such a general permit, or to apply for an individual Land Application of Sewage Sludge permit, is $500 and the permit term is 5 years.
Additional savings result from savings in consulting expenses and other administrative costs associated with the individual permit process. These changes could result in savings of over $ 30 million over the next 5 years. An additional $ 2.5 million will be saved as the result of deleting the requirements for annual soil sampling and posting of collateral bonds for land application sites.
The largest potential savings will result from an expected dramatic increase in land application of sewage sludge. While disposal costs vary, it is generally less expensive to land apply sewage sludge than it is to landfill the material. Although, currently landfill costs are low due to an excess of landfill capacity, this could change and drive the cost of sludge disposed to double the current rate per ton. Land application could save the regulated community nearly $ 400 million in landfilling and other disposal costs over the next 5 years.
The regulations require any holder of a general or individual land application permit to have staff attend a training session conducted by the Department. This requirement could cost the regulated community $200,000 over the next 5 years.
There is also a cost associated with the requirement for background soil analysis for sites prior to being used for the first time. These two costs combined should not exceed a half million dollars over the next 5 years. The long-term benefits of the training may ultimately save the regulated community costs associated with additional consulting fees or fines associated with enforcement activities.
The only cost of any measurable effect will be the requirement that all nonorganic objects be strained from residential septage prior to application. This is expected to cost the regulated community approximately $20 per 1,000 gallons of septage pumped.
Compliance Assistance Plan
The Department will sponsor a training program for all persons that land apply sewage sludge and residential septage. In addition, the Department will continue its efforts to establish a continuing education process for the regulated community and the general public on the benefits of land application of sewage sludge.
The Department will work with the Pennsylvania Water Environment Association and the Pennsylvania Septage Management Association to develop solution programs and land application.
The Department is also looking at the potential of expanding the use of Act 101 funds to develop additional programs geared toward education on the land application programs. These include additional fact sheets, videos, press releases and radio public service announcements in areas where sewage sludge is applied.
The Department will also work with its regional roundtables in an effort to reach those individuals on whom land application has the greatest impact.
Paperwork Requirements
The final-form regulations will result in a reduction in paperwork because, for land application activities under Chapter 271, Subchapter J, records will only be submitted to the Department upon request, site specific information will not be required, annual soil analyses reports will not be required, and application documentation will be significantly less than under the existing system.
G. Pollution Prevention
The new permitting provisions for land application of sewage sludge encourage the development of clean sewage sludges because sewage sludge of a certain quality may be land applied with fewer restrictions than other sewage sludge, less oversight by the Department, and less impact on the environment.
Additionally, the final-form regulations require a generator of non-EQ sewage sludge, whose sewage sludge is intended to be land applied, to prepare a Sewage Sludge Quality Enhancement Plan that requires the generator to examine the physical, chemical and biological characteristics of the sewage sludge, the impact of industrial discharges into the treatment plant on the sludge quality, a description of pretreatment measures taken by the plant, and a description of options to improve the sludge quality. This plan shall be updated every 5 years or as necessary. If the generator demonstrates that it has improved its sewage sludge quality to meet the requirements of § 271.911(b)(1) for EQ sewage sludge, the Department may waive or modify the requirement to continue preparing the report. This effort should result in cleaner sludges being land applied.
H. Sunset Review
These final-form 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 it was intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 9, 1994, the Department submitted a copy of the notice of proposed rulemaking, published at 24 Pa.B. 4975, to IRRC and the Chairpersons of the Senate and House Environmental Resources and Energy Committees for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments received, as well as other documentation.
In preparing these final-form regulations, the Department has considered the comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House and Senate on November 4, 1996. IRRC met on November 7, 1996, and disapproved the amendments in accordance with section 5(c) of the Regulatory Review Act. The Department resubmitted the final-form regulations without changes to the House and Senate Committees on November 15, 1996. The Committees took no action, and the final-form regulations were deemed approved.
J. Findings
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 final-form regulations do not enlarge the purpose of the proposal published at 24 Pa.B. 4975.
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of the Preamble.
K. Order
(a) The regulations of the Department, 25 Pa. Code Chapters 271--273, 275, 277, 279, 281, 283, 285 and 287, are amended by:
(i) amending §§ 271.1, 271.101, 271.102, 271.123, 271.413, 271.601, 271.611, 272.252, 272.315, 272.353, 273.202, 273.232, 273.233, 275.201, 275.202, 277.202, 279.201, 279.202, 279.217, 281.202, 283.1, 283.202, 283.222, 285.123, 285.201, 285.212, 287.1, 287.51, 287.102, 287.413, 287.601, 287.611, 287.621--287.623, 287.625, 287.631, 287.632, 287.641--287.643, 287.651, 287.652 and 287.662--287.665;
(ii) adding §§ 271.103, 271.801, 271.811, 271.812, 271.821--271.826, 271.831, 271.832, 271.841--271.843, 271.851, 271.852, 271.901--271.907, 271.911--271.921, 271.931--271.933 and Chapter 271, Appendix A, 285.225 and 287.626; and
(iii) deleting §§ 271.232, 275.1, 275.101--275.107, 275.301, 275.401, 275.501--275.503, 275.511--275.517, 275.521--275.528, 275.531, 275.601--275.603, 275.611--275.614, 281.2 and 287.644,
to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval and review as to legality and form as required by law.
(c) The Chairperson shall submit this order and Annex A to IRRC and the Senate and House 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 as set forth in Section A of the Preamble.
JAMES M. SEIF,
Chairperson(Editor's Note: For the text of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 5766 (November 23, 1996).)
Fiscal Note: Fiscal Note 7-282 remains valid for the final adoption of the subject regulations.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
