§ 287.102. Permit-by-rule.
(a) Purpose.
(1) This section sets forth classes of facilities that are subject to permit-by-rule. A facility will not be deemed to have a permit-by-rule if it causes or allows violations of the act, the regulations promulgated thereunder, the terms or conditions of a permit issued by the Department or causes a public nuisance. A facility that is subject to permit-by-rule under this section is not required to apply for a permit under this article or comply with the operating requirements of Chapters 288, 289, 291, 293, 295 and 297, if that facility operates in accordance with this section.
(2) A facility is not subject to permit-by-rule under this section unless it meets the following:
(i) The facility complies with Chapter 299 (relating to storage and transportation of residual waste), except as provided in subsections (b)(7), (c)(3) and (i).
(ii) The facility or activity has the other necessary permits under the applicable environmental protection acts, and is operating under the acts and the regulations promulgated thereunder, and the terms and conditions of the permits.
(3) A facility is not subject to permit-by-rule under this section unless the operator prepares and maintains the following at the facility in a readily accessible place:
(i) A copy of a Preparedness, Prevention and Contingency (PPC) plan that is consistent with the Department’s most recent guidelines for the developement and implementation of PPC plans.
(ii) Daily records of the weight or volume of waste that is processed, the method and location of processing or disposal facilities for wastes from the facility, and waste handling problems or emergencies.
(4) Subchapter E (relating to bonding and insurance requirements) is not applicable to facilities which are deemed to have a permit under this section.
(5) Subchapter F (relating to civil penalties and enforcement) is applicable to facilities subject to this section.
(6) The Department may require a person or municipality subject to permit-by-rule to apply for, and obtain, an individual or general permit, or take other appropriate action, when the person or municipality is not in compliance with the conditions of the permit-by-rule or is conducting an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(b) Captive processing facility. A facility that processes residual waste that is generated solely by the operator shall be deemed to have a residual waste processing permit under this article if, in addition to subsection (a), the following conditions are met:
(1) Waste resulting from the processing is managed under the act and the regulations promulgated thereunder.
(2) Processing does not have an adverse effect on public health, safety, welfare or the environment.
(3) Processing occurs at the same manufacturing or production facility where some or all of the waste is generated.
(4) The operator performs the analyses required by § § 287.131—287.133 (relating to scope; chemical analysis of waste; and source reduction strategy), and maintains these analyses at the facility. These analyses are not required to be submitted to the Department except upon written request.
(5) If the waste is burned, it meets the following:
(i) The waste is burned in an enclosed device using controlled flame combustion and is directed through a flue as defined in § 121.1 (relating to definitions).
(ii) The waste has more than 5,000 BTUs per pound.
(iii) The combustion unit recovers, exports and delivers for use at least 50% of the energy contained in the waste.
(iv) The amount of energy recovered, exported and delivered by the process exceeds the amount of energy expended in the combustion of the waste.
(6) If processing is part of an industrial or other wastewater treatment process permitted by the Department under The Clean Streams Law, one of the following applies:
(i) The facility discharges into a water of the Commonwealth under the NPDES permit or a permit issued under The Clean Streams Law, and is in compliance with the permit.
(ii) The facility discharges into a publicly owned treatment work and is in compliance with applicable pretreatment standards.
(7) If a wastewater treatment process includes the use of storage impoundments that are not in compliance with Chapter 299, the following shall be met:
(i) A water quality monitoring plan that meets the requirements of § § 289.261—289.268 (relating to water quality monitoring) shall be submitted to the Department for review and approval by July 25, 1997. The Department may waive or modify the requirements of § § 289.261—289.268 for storage impoundments included under this section as part of a captive facility on a case-by-case basis, based on conditions such as the size and location of the impoundment.
(ii) A water quality monitoring plan shall be implemented within 6 months of the Department’s approval of the plan, unless the implementation schedule approved by the Department provides for a longer period. A water quality monitoring plan shall be implemented by July 4, 2002.
(iii) If, after implementation of the water quality monitoring plan, groundwater degradation is found that can reasonably be attributed to the storage impoundment, the operator shall comply with one of the following:
(A) Within 6 months of the Department’s determination that degradation exists, the operator shall file a closure plan and closure schedule. After approval of the closure plan and closure schedule, the operator shall implement the closure plan and closure schedule as approved by the Department.
(B) Within 6 months of the Department’s determination that degradation exists, the operator shall submit a schedule to upgrade and operate the impoundment under Chapter 299; provided that with respect to a storage impoundment that was permitted and constructed on or before July 4, 1992, the Department may modify the liner and leachate collection system requirements if the operator demonstrates that the conditions of § 287.112(f)(1) (relating to storage impoundments and storage facilities) are met. The schedule to upgrade and operate the impoundment under Chapter 299 may not exceed 5 years.
(8) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
(c) Wastewater treatment facility. A noncaptive processing facility, other than a transfer or composting facility, shall be deemed to have a residual waste processing permit under this article if, in addition to subsection (a), the following apply:
(1) The operator performs the analyses required by § § 287.131—287.134 (relating to waste analysis) and maintains the analyses at the facility. These analyses are not required to be submitted to the Department except upon written request.
(2) Processing is solely part of an industrial or other wastewater treatment process permitted by the Department under The Clean Streams Law and one of the following apply:
(i) The facility discharges into a water of the Commonwealth under an NPDES permit, and is in compliance with the permit.
(ii) The facility discharges into a publicly owned treatment work and is in compliance with applicable pretreatment standards.
(3) If a wastewater treatment process includes the use of storage impoundments that are not in compliance with Chapter 299, the following shall be met:
(i) A water quality monitoring plan that meets the requirements of § § 289.261—289.268 shall be submitted to the Department for review and approval by July 25, 1997. The Department may waive or modify the requirements of § § 289.261—289.268 for storage impoundments included under this section as part of a wastewater treatment process on a case-by-case basis, based on conditions such as the size and location of the impoundments.
(ii) A water quality monitoring plan shall be implemented within 6 months of the Department’s approval of the plan, unless the implementation schedule approved by the Department provides for a longer period. A water quality monitoring plan shall be implemented by July 4, 2002.
(iii) If, after implementation of the water quality monitoring plan, groundwater degradation is found that can reasonably be attributed to the storage impoundments, the operator shall comply with one of the following:
(A) Within 6 months of the Department’s determination that degradation exists, the operator shall file a closure plan and closure schedule. After approval of the closure plan and closure schedule, the operator shall implement the closure plan and closure schedule as approved by the Department.
(B) Within 6 months of the Department’s determination that degradation exists, the operator shall submit a schedule to upgrade and operate the impoundment in accordance with Chapter 299; provided that with respect to a storage impoundment that was permitted and constructed on or before July 4, 1992, the Department may modify the liner and leachate collection system requirements if the operator demonstrates that the conditions of § 287.112(f)(1) are met. The schedule to upgrade and operate the impoundment under Chapter 299 may not exceed 5 years.
(4) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility, and a brief description of the facility.
(d) Incinerator. A residual waste incinerator located at the generation site shall be deemed to have a residual waste permit under this article if, in addition to the requirements of subsection (a), it processes waste that is generated solely by the operator, processing occurs at the same production facility where some or all of the waste is generated and it meets one of the following:
(1) The facility is not required to obtain a permit under the Air Pollution Control Act (35 P. S. § § 4001—4015) and the regulations promulgated thereunder.
(2) The facility has a capacity of less than 500 pounds per hour and is permitted under the Air Pollution Control Act.
(3) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
(e) Beneficial use. The beneficial use of residual waste which the Department has approved, in writing, prior to July 4, 1992, shall be deemed to have a residual waste processing or disposal permit if the person or municipality uses the residual waste in accordance with the terms and conditions of the written approval and the Department has not revoked the approval. The expiration date for permits issued pursuant to this subsection is July 4, 2002, unless a specific permit term is written as a condition of the prior written approval.
(f) Mechanical processing facility. A facility for the processing of residual waste only by mechanical or manual sizing or separation for prompt reuse shall be deemed to have a residual waste processing permit-by-rule if it meets the requirements of subsection (a) and submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the waste and the facility. A noncaptive processing facility that separates waste oil and water does not qualify for a permit-by-rule. A facility for the processing of waste tires may be deemed to have a residual waste permit by rule under this paragraph if the following are met in addition to the requirements in this subsection and in subsection (a):
(1) The mechanical or manual sizing or separation is conducted solely for the purpose of remediating an existing tire pile.
(2) The mechanical or manual sizing or separation is part of a remediation plan that has been approved by the Department.
(3) No additional tires are brought to the site.
(4) The processed tires are promptly removed for offsite reuse or disposal.
(g) Container processing facility. A facility that processes, by cleaning or rinsing, empty containers for refill and reuse shall be deemed to have a residual waste processing permit if the containers are reused for their originally intended purpose, the facility meets the requirements of subsection (a), any rinsate or containers not reused are managed in accordance with the applicable waste management regulations and the operator of the facility submits written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the waste and the facility.
(h) Empty drum reconditioning. A facility that processes, by cleaning or rinsing, empty drums for reconditioning and reuse shall be deemed to have a residual waste processing permit-by-rule if it meets the requirements of subsection (a) and submits a written notice to the Department that includes the name, address and the phone number of the facility, the individual responsible for operating the facility and a description of the waste and the facility.
(i) Temporary storage of residual waste at a hazardous waste transfer facility. A facility that receives and temporarily stores residual waste at a hazardous waste transfer facility and that facilitates the transportation or transfer of that waste to a processing or disposal facility shall be deemed to have a residual waste processing permit under this article if, in addition to the requirements in subsection (a), the following are met:
(1) The residual waste is stored in accordance with the hazardous waste transfer facility requirements in 40 CFR 263.12 (relating to transfer facility requirements) as incorporated by reference in § 263a.10 (relating to incorporation by reference and scope) and modified in § 263a.12 (relating to transfer facility requirements). The management of residual waste shall be included in the PPC plan submitted under § 263a.12.
(2) Residual waste may not be stored unless there is secondary containment around the containers.
(3) The residual waste remains in its original container and is not mixed with other waste.
(4) The containers that store residual waste are clearly labeled with the words “residual waste.”
(5) Residual waste is stored separately from hazardous waste.
(6) Nonputrescible residual waste is stored in accordance with the time periods specified in § 263a.12(1). Putrescible residual waste may not be stored for more than 24 hours.
(7) The bond required under § 263a.32 (relating to bonding) includes coverage for the processing of residual waste.
(8) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
Source The provisions of this § 287.102 corrected October 23, 1992, effective July 4, 1992, 22 Pa.B. 5249; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235; amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2873; corrected September 28, 2001, effective June 2, 2001, 31 Pa.B. 5447. Immediately preceding text appears at serial pages (273404) to (273406) and (280225) to (280228).
Cross References This section cited in 25 Pa. Code § 287.1 (relating to definitions); 25 Pa. Code § 287.421 (relating to administrative inspections); and 25 Pa. Code § 297.1 (relating to scope).
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