Subchapter A. GENERAL INFORMATION
Sec.
270a.1. Incorporation by reference, scope and applicability.
270a.2. Definitions.
270a.3. Payment of fees.
270a.4. Effect of permit.
270a.5. Noncomplying and program reporting by Director.
270a.6. References.§ 270a.1. Incorporation by reference, scope and applicability.
(a) Except as expressly provided in this chapter, 40 CFR Part 270 (relating to EPA administered permit programs: the hazardous waste permit program) and its appendices (relating to hazardous waste permit program) are incorporated by reference.
(b) Regarding the requirements incorporated by reference, the requirements of this chapter do not apply to an owner or operator of a facility specifically exempted under 40 CFR 270.1(c)(2) (relating to purpose and scope of these regulations) unless the facility is regulated under § 270a.60(b) (relating to permits by rule).
(c) The owner or operator of a facility eligible to operate under § 270a.60(b) is deemed to have a hazardous waste management permit if the applicable requirements of § 270a.60(b) are satisfied.
(d) In addition to the requirements incorporated by reference in 40 CFR 270.1 (relating to purpose and scope of these regulations), waste mercury-containing devices as described in § 266b.1 (relating to incorporation by reference and scope) shall be managed in accordance with 40 CFR 270.1(c)(2)(viii).
Source The provisionis of this § 270a.1 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587. Immediately preceding text appears at serial pages (255039) to (255040).
Cross References This section cited in 25 Pa. Code § 269a.1 (relating to definitions).
§ 270a.2. Definitions.
(a) The definitions for ‘‘disposal,’’ ‘‘person,’’ ‘‘standardized permit’’ and ‘‘storage’’ are not incorporated by reference.
(b) The substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply for the terms ‘‘Administrator,’’ ‘‘Director,’’ ‘‘Environmental Protection Agency’’ and ‘‘Regional Administrator’’ found in 40 CFR 270.2 (relating to definitions).
(c) The term ‘‘standardized permit’’ means a permit issued under Subchapter I (relating to procedures for standardized permit) and 40 CFR Part 270, Subpart J (relating to RCRA standardized permits for storage and treatment units) authorizing the facility owner or operator to manage hazardous waste. The standardized permit may have two parts: A uniform portion issued in all cases and a supplemental portion issued at the Department’s discretion.
Authority The provisions of this § 270a.2 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § § 6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § § 6020.303 and 6020.305(e)(2)); section 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).
Source The provisions of this § 270a.2 amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial page (317336).
Cross References This section cited in § 270a.201 (relating to incorporation by reference, scope and applicability).
§ 270a.3. Payment of fees.
40 CFR 270.3 is not incorporated by reference, and the following fees are established:
(1) Applications for a permit for hazardous waste storage, treatment and disposal facilities shall be accompanied by a nonrefundable permit application fee in the form of a check payable to the “Commonwealth of Pennsylvania” according to the following schedule:
(i) Land disposal facilities—commercial—$125,000.
(ii) Land disposal facility—captive—$71,400.
(iii) Surface impoundments:
(A) Commercial—$36,000.
(B) Captive—$14,000.
(iv) Postclosure permits—$25,000.
(v) Treatment facilities:
(A) Commercial—$36,000.
(B) Captive—$14,000.
(vi) Storage facilities:
(A) Commercial—$36,000.
(B) Captive—$14,000.
(vii) Incinerators:
(A) Commercial—$93,000.
(B) Captive—$54,000.
(2) If more than one permitted activity is located at a site, or more than one activity occurs, the fees are cumulative.
(3) Module I applications and permit modification applications for a permit for hazardous waste storage, treatment and disposal facilities shall be accompanied by a nonrefundable permit application fee in the form of a check payable to the “Commonwealth of Pennsylvania” according to the following schedule:
(i) Module I and Generic Module I applications:
(A) Module I—$300.
(B) Generic Module I—$1,500.
(ii) Class 3 permit modifications—50% of fees listed in paragraph (1).
(iii) Class 1 and Class 2 permit modifications—$700.
Source The provisions of this § 270a.3 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102. Immediately preceding text appears at serial pages (282472) to (282473) and (255041).
Cross References This section cited in 25 Pa. Code § 261a.6 (relating to requirements for recyclable materials); 25 Pa. Code § 265a.13 (relating to general and generic waste analysis); 25 Pa. Code § 266a.80 (relating to applicability and requirements); 25 Pa. Code § 270a.10 (relating to general application requirements and permit issuance procedures); and 25 Pa. Code § 270a.201 (relating to incorporation by reference, scope and applicability).
§ 270a.4. Effect of permit.
Regarding the requirements incorporated by reference, nothing in 40 CFR 270.4 (relating to effect of a permit) prohibits the Department from taking an enforcement action under section 602 of act (35 P. S. § 6018.602).
§ 270a.5. Noncomplying and program reporting by Director.
The substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) do not apply to 40 CFR 270.5 (relating to noncompliance and program reporting by the Director).
§ 270a.6. References.
Regarding the requirements incorporated by reference, the term ‘‘Federal Register’’ retains its meaning and is not replaced by the term ‘‘Pennsylvania Bulletin’’ when used in 40 CFR 270.6 (relating to references).
Authority The provisions of this § 270a.6 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § § 6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § § 6020.303 and 6020.305(e)(2)); section 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).
Source The provisions of this § 270a.6 amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial page (294533).
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