Subchapter A. GENERAL
Sec.
287.1. Definitions.
287.2. Scope.
287.3. Environmental protection.
287.4. Computerized data submission.
287.5. Public records and confidential information.
287.6. Consignment or other transfer of waste.
287.7. Determination that a material is no longer a waste.
287.8. Coproduct determinations.
287.9. Industry-wide coproduct determinations.
287.10. Coproduct determination transition.
Cross References This subchapter cited in 25 Pa. Code § 287.601 (relating to scope); and 25 Pa. Code § 287.632 (relating to waiver and modification requirements).
§ 287.1. Definitions.
The following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
ASTM—The American Society for Testing and Materials.
Abatement—The restoration, reclamation, recovery, and the like, of a natural resource adversely affected by the activity of a person, permittee or municipality.
Abatement standards—Background, Statewide health and risk-based standards as those terms are defined under this article.
Access road—A roadway or course providing access to a residual waste processing or disposal facility, or areas within the facility, from a road that is under Federal, State or local control.
Accumulated speculatively—A material that is accumulated before being recycled.(i) The term does not include material if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that—during the calendar year (commencing on January 1)—the amount of material that is recycled or transferred to a different site for recycling, equals at least 75% by weight or volume of the amount of that material accumulated at the beginning of the period.
(A) In calculating the percentage of turnover, the 75% requirement is to be applied to each material of the same type—for example, slags from a single smelting process—that is recycled in the same way (that is, from which the same material is recovered or that is used in the same way).
(B) Materials that are already defined as wastes also are not to be included in making the calculation.
(ii) Materials are no longer in this category once they are removed from accumulation for recycling.
(iii) The term does not include a waste pile if the waste is being mined and if one of the following is met:
(A) An approved waste closure plan allows mining of the waste.
(B) If waste was disposed prior to September 7, 1980, an approved mining permit allows mining of the waste.
Act—The Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003).
Adjacent area—Contiguous and noncontiguous land located outside the permit area, where air, surface water or groundwater, fish, wildlife, vegetation or other resources protected by this article may be adversely affected by residual waste management.
Adversely affect—In the context of water supplies, the term has the following meaning: to cause or contribute to a measurable increase in the concentration of one or more contaminants in a water supply above background levels, or to cause or contribute to a decrease in the quantity of the water supply.
Agricultural utilization—The land application of solid waste for its plant nutrient value or as a soil conditioner as part of an agricultural operation.
Agricultural waste—Poultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur bearing animals and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural, aquacultural and silvicultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands. The term also includes materials in liquid or solid form generated in the production and marketing of fish or fish hatcheries.
Airport—A public airport, as defined in 67 Pa. Code § 471.2 (relating to definitions).
(i)—The term includes military airports.
(ii)—The term does not include heliports.
Aquaculture—The practice of raising plants or animals, such as fish or shellfish, in manmade or natural bodies of water.
Aquifer—A geologic formation, group of formations or part of a formation capable of yielding sufficient groundwater for monitoring purposes.
Association—A corporation, partnership, limited liability company, business trust or two or more persons associated in a common enterprise or undertaking.
Attenuating soil—Soil material existing in place or placed beneath solid waste that will provide natural attenuation of leachate emanating from the waste.
Attenuation—A decrease in the maximum concentration or total quantity of an applied chemical or biological constituent of solid waste in a fixed time or distance that results from physical, chemical or biological reactions or transformations.
Autofluff—Residue from the shredding of automobiles after all fluids have been removed.
Background standard—A numerical value as determined under section 302 of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § 6026.302) and § 250.202 (relating to establishing background concentrations).
Beneficial use—Use or reuse of residual waste or residual material derived from residual waste for commercial, industrial or governmental purposes, if the use does not harm or threaten public health, safety, welfare or the environment, or the use or reuse of processed municipal waste for any purpose, if the use does not harm or threaten public health, safety, welfare or the environment.
By-product—A material that is not one of the primary products of a production process or a coproduct and is not solely or separately produced by the production process.
Byproduct material—The Federal definition for ‘‘byproduct material’’ in 10 CFR 20.1003 (relating to definitions) is incorporated by reference.
Captive residual waste facility—A residual waste processing or disposal facility that is located upon lands owned by the person or municipality that generated the residual waste and which is operated to provide for the processing or disposal solely of the generator’s residual waste.
Chemical Abstract Service Registry Number—A number assigned to a corresponding type of chemical or chemical category as referenced in regulations promulgated under the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C.A. § § 11001—11050). The list of Chemical Abstract Service Registry numbers is codified at 40 CFR 372.65 (relating to chemicals and chemical categories to which this part applies).
Clean fill—Uncontaminated, nonwater-soluble, inert solid material used to level an area or bring the area to grade. The term does not include materials placed in or on the waters of this Commonwealth.
Clean Streams Law—35 P. S. § § 691.1—691.1001.
Closure—The act of permanently ceasing to accept waste at a residual waste processing, storage or disposal facility, and limiting access to those activities necessary for postclosure care, maintenance and monitoring.
Coal ash—For purposes of Chapters 287 and 290, fly ash, bottom ash or boiler slag resulting from the combustion of coal, that is or has been beneficially used, reused or reclaimed for a commercial, industrial or governmental purpose. The term includes such materials that are stored, processed, transported or sold for beneficial use, reuse or reclamation. For purposes of Chapter 288 (relating to residual waste landfills), the term also includes fly ash, bottom ash or boiler slag resulting from the combustion of coal, that is not and has not been beneficially used, reused or reclaimed for a commercial, industrial or governmental purpose.
Collateral bond—A penal bond agreement in a sum certain, payable to the Department, executed by the operator, and which is supported by the deposit with the Department of cash, negotiable bonds of the United States, the Commonwealth, the Turnpike Commission, the General State Authority, the State Public School Building Authority or a Commonwealth municipality, Commonwealth bank automatically renewable and assignable certificates of deposit, or irrevocable and standby Commonwealth bank letters of credit.
Commercial establishment—An establishment engaged in nonmanufacturing or nonprocessing business. The term includes stores, markets, office buildings, restaurants, shopping centers and theaters.
Composting—The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
Composting facility—A facility for processing solid waste by composting.
Composting pad—An area within a composting facility where compost or solid waste is processed, stored, loaded or unloaded.
Confined aquifer—An aquifer in which the uppermost surface is at greater than atmospheric pressure.
Construction material—The engineered use of residual waste as a substitute for a raw material or a commercial product in a construction activity, if the waste has the same engineering characteristics as the raw material or commercial product for which it is substituting. The term includes the use of residual waste as a road bed material, for pipe bedding, and in similar operations. The term does not include valley fills, the use of residual waste to fill open pits from coal or other fills, or the use of residual waste solely to level an area or bring the area to grade where a construction activity is not completed promptly after the placement of the solid waste.
Container—A portable device in which waste is stored or transported.
Coproduct—(i) A material generated by a manufacturing or production process, or a spent material, of a physical character and chemical composition that is consistently equivalent to the physical character and chemical composition of an intentionally manufactured product or produced raw material, if the use of the material presents no greater threat of harm to human health and the environment than the use of the product or raw material. A material may not be compared, for physical character and chemical composition, to a material that is no longer determined to be waste in accordance with § 287.7 (relating to determination that a material is no longer a waste). A coproduct determination, which shall be made in accordance with § 287.8 (relating to coproduct determinations), only applies to materials that will be applied to the land or used to produce products that are applied to the land, including the placement of roadway aggregate, pipe bedding or construction materials, or that will be used for energy recovery as is with a minimum BTU value of 5,000/lb. as generated or as fired. If the proposed coproduct material is oil, a determination may only be made for oil refined from crude oil or synthetically produced oil, not contaminated by physical or chemical impurities, that will be used for energy recovery if the material has a minimum heat content (BTU value) comparable to the petroleum fuel it will replace.
(ii) The term only applies to one of the following:
(A) If the material is to be transferred in good faith as a commodity in trade, for use in lieu of an intentionally manufactured product or produced raw material, without processing that would not be required of the product or raw material, and the material is not accumulated speculatively. Sizing, shaping or sorting of the material will not be considered processing for the purpose of this definition.
(B) If the material is to be used by the manufacturer or producer of the material in lieu of an intentionally manufactured product or produced raw material, without processing that would not be required of the product or raw material, and the material is not accumulated speculatively. Sizing, shaping or sorting of the material will not be considered processing for the purpose of this definition.
(iii) If no product or produced raw material exists for purposes of chemical and physical comparison, the Department will review, upon request, information provided and determine whether the material is a coproduct because it is an effective substitute for an intentionally manufactured product or produced raw material, based on the criteria in subparagraph (ii) and whether the material presents a threat of harm to human health and the environment in accordance with § 287.8.
(iv) A waste may become a coproduct after processing if it would otherwise qualify as a coproduct.
(v) Persons producing, selling, transferring, possessing or using a material who claim that the material is a coproduct and not a waste shall demonstrate that there is a known market or disposition for the material, and that they meet the terms of this definition and § 287.8. In doing so, they shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste.
Crude material—A naturally occurring material in its unrefined or natural state.
Disposal—The deposition, injection, dumping, spilling, leaking, incineration or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this Commonwealth.
Disposal area—The part of the site where disposal has occurred, is occurring or will occur.
Dredged material—Material dredged or excavated from waters for the direct or indirect purpose of establishing or increasing water depth, or increasing the surface or cross-sectional area of a waterway and which includes sediment, soil, mud, shells, gravel or other aggregate. The material does not include waste removed or dredged from an impoundment that has received solid waste.
Drill cuttings—Rock cuttings and related mineral residues created during the drilling of wells under the Oil and Gas Act (58 P. S. § 601.101—601.605) if the materials are disposed of at the well site and under section 206 of the Oil and Gas Act (58 P. S. § 601.206).
Environmental protection acts—The Clean Streams Law, the Air Pollution Control Act (35 P. S. § § 4001—4015), the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.31), the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § § 3301—3326), the Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27) and other State or Federal statutes relating to environmental protection or the protection of the public health, including statutes adopted or amended after July 4, 1992.
Exceptional value wetlands—Wetlands that exhibit one or more of the following characteristics:(i) Wetlands which serve as habitat for fauna or flora listed as ‘‘threatened’’ or ‘‘endangered’’ under the Endangered Species Act of 1973 (7 U.S.C.A. § 136; 16 U.S.C.A. § § 4601-9, 460k-1, 668dd, 715i, 715a, 1362, 1371, 1372, 1402, and 1531—1543), the Wild Resource Conservation Act (32 P. S. § § 5301—5314), 30 Pa.C.S. (relating to the Fish and Boat Code) or 34 Pa.C.S. (relating to the Game and Wildlife Code).
(ii) Wetlands that are hydrologically connected to or located within 1/2-mile of wetlands identified under subparagraph (i) and that maintain the habitat of the threatened or endangered species within the wetland identified under subparagraph (i).
(iii) Wetlands that are located in or along the floodplain of the reach of a wild trout stream or waters listed as exceptional value under Chapter 93 (relating to water quality standards) and the floodplain of streams tributary thereto, or wetlands within the corridor of a watercourse or body of water that has been designated as a National wild or scenic river in accordance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.A. § § 1271—1287) or designated as wild or scenic under the Pennsylvania Scenic Rivers Act (32 P. S. § § 820.21—820.29).
(iv) Wetlands located along an existing public or private drinking water supply, including both surface water and groundwater sources, that maintain the quality or quantity of the drinking water supply.
(v) Wetlands located in areas designated by the Department as ‘‘natural’’ or ‘‘wild’’ areas within State forest or park lands, wetlands located in areas designated as Federal wilderness areas under the Wilderness Act (16 U.S.C.A. § § 1131—1136) or wetlands located in areas designated as National natural landmarks by the Secretary of the Interior under the Historic Sites Act of 1935 (16 U.S.C.A. § § 461—467).
FAA—The Federal Aviation Administration of the United States Department of Transportation.
Facility—Land, structures and other appurtenances or improvements where municipal or residual waste disposal or processing is permitted or takes place or where hazardous waste is treated, stored or disposed. The term includes land thereby used or affected during the lifetime of operations, including areas where solid waste management actually occurs, support facilities, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated onsite or contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities, contiguous borrow areas and other activities in which the natural land surface has been disturbed or used as a result of or incidental to operation of the facility.
Failure—Actual or potential leakage, breach or overtopping of an impoundment.
Final closure—The date after which no further treatment, maintenance or other action is or will be necessary at a residual waste processing or disposal facility to ensure compliance with the act and this article.
Food processing sludge—A solid, semisolid or liquid waste generated by a food processing water treatment or wastewater treatment facility, containing food processing waste and additional materials. The additional materials may include detergents, dispersal agents, flocculants, disinfectants and biological agents.
Food processing waste—Residual materials in liquid and solid form generated in the slaughtering of poultry and livestock, or in processing and converting fish, seafood, milk, meat and eggs to food products. The term includes residual materials generated in the processing, converting or manufacturing of fruits, vegetables, crops and other commodities into marketable food items. The term also includes vegetative residuals from food processing activities that are usually recognizable as part of a plant or vegetable, including cabbage leaves, bean snips, onion skins, apple pomace and grape pomace.
Food processing wastes used for agricultural purposes—The use of food processing wastes in normal farming operations.
Free liquids—Liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.
Friable asbestos-containing waste—Waste material containing more than 1% asbestos by weight that hand pressure can crumble, pulverize or reduce to powder when dry. The term also includes nonfriable asbestos-containing waste which is rendered friable during management.
Garbage—Solid waste.
General permit—A regional or Statewide permit issued by the Department for a specified category of beneficial use or processing of solid waste, the terms and conditions of which allow an original applicant, a registrant and person or municipality that obtains a determination of applicability, to operate under the permit if the terms and conditions of the permit and certain requirements of this article are met.
Generator—A person or municipality that produces or creates a residual waste.
Groundwater—Water beneath the surface of the ground that exists in a zone of saturation.
Groundwater degradation—A measurable increase in the concentration of one or more contaminants in groundwater above background concentrations for those contaminants.
Hazardous waste—(i) The term includes garbage, refuse or sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or a combination of these materials, which because of its quantity, concentration or physical, chemical or infectious characteristics may do one of the following:
(A) Cause or significantly contribute to an increase in mortality or increase in morbidity in either an individual or the total population.
(B) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(ii) The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act (52 P. S. § § 30.51— 30.101); treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law; solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act (33 U.S.C.A. § § 1342) or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. § § 2011—2394). The term is further defined in Chapter 261a (relating to identification and listing of hazardous waste) and 40 CFR Part 261 (relating to identification and listing of hazardous waste) to the extent incorporated in § 261a.1 (relating to incorporation by reference, purpose and scope).
IRIS—Integrated Risk Information System.
Impoundment—A facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials although it may be lined with synthetic materials, and which is designed to hold an accumulation of liquid wastes or wastes containing free liquids. The term includes holding, storage, settling and aeration pits, ponds and lagoons. The term does not include injection wells.
Incinerator—An enclosed device using controlled combustion for the primary purpose of thermally breaking down solid waste, which is equipped with a flue as defined in § 121.1 (relating to definitions).
Incorporating—Injecting solid waste beneath the surface of the soil or mixing solid waste with the surface soil.
Industrial establishment—An establishment engaged in manufacturing or processing, including factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
Intermittent stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water, which during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.
Land application—The management of solid waste through agricultural utilization or land reclamation. The term does not include the disposal of solid waste in a landfill or disposal impoundment.
Landowner—The person or municipality in whom legal title to the surface of the land is vested.
Land reclamation—The land application of solid waste for its plant nutrient value or as a soil conditioner to restore or enhance the soil to establish vegetative growth.
Leachate—A liquid, including suspended or dissolved components in the liquid, that has percolated through or drained from solid waste.
Leaf waste—Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
Lift—A compacted layer of solid waste upon which daily, intermediate or final cover may be applied.
Liquid waste—Residual waste that contains free liquids as determined by Method 9095 (paint filter liquids test), as described in the EPA’s ‘‘Test Methods for Evaluating Solid Waste, Physical/Chemical Methods’’ (EPA Publication No. SW-846.)
Local captive residual waste facility—A captive facility which is located at one of the following locations:(i) On the same tract of land where the waste was generated.
(ii) On a tract of land that is contiguous to the tract where the waste was generated.
(iii) On a tract of land that is connected to the tract where the waste was generated by a right-of-way controlled by the generator to which the public does not have access.
(iv) On a tract of land that is separated from the tract where the waste was generated by only a public or private right-of-way and access between the two tracts is by crossing rather than traveling along the right-of-way.
MCL—Maximum contaminant level.
Management—The entire process or a part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by a person engaged in the process.
Mine—A deep or surface mine, whether active, inactive or abandoned.
Mining—The process of the extraction of minerals from the earth, from waste or stockpiles, or from pits or banks.
Monofill—A facility that disposes solely of waste which is generated by the same industrial or manufacturing process and which has the same, or substantially similar, physical and chemical characteristics and composition.
Municipality—A city, borough, incorporated town, township, county or an authority created by one or more of the foregiong.
Municipal waste—Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and sludge not meeting the definition of ‘‘residual’’ or ‘‘hazardous waste’’ under this section from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
NARM—Naturally occurring or accelerator-produced radioactive material. The term does not include byproduct, source or special nuclear material.
NORM—Naturally occurring radioactive material. A nuclide which is radioactive in its natural physical state—that is, not manmade—but does not include source or special nuclear material.
NPDES—National Pollutant Discharge Elimination System.
Noncaptive facility—A residual waste processing or disposal facility that is not a captive residual waste facility.
Normal farming operations—The customary and generally accepted activities, practices and procedures that farms adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products; and in the production, harvesting and preparation for market of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities, if the operations are conducted in compliance with applicable laws, and if the use or disposal of these materials will not pollute the air, water or other natural resources of this Commonwealth. The term includes the storage and utilization of agricultural and food processing wastes, screenings and sludges for animal feed, and the agricultural utilization of septic tank cleanings and sewage sludges which are generated offsite. The term includes the management, collection, storage, transportation, use or disposal of manure, other agricultural waste and food processing waste, screenings and sludges on land where the materials will improve the condition of the soil, the growth of crops or in the restoration of the land for the same purposes.
Occupied dwelling—A permanent building or fixed mobile home that is being used on a regular or temporary basis for human habitation.
Operate—To construct a residual waste management facility in anticipation of receiving solid waste for the purpose of processing or disposal; to receive, process or dispose of solid waste; to carry on an activity at the facility that is related to the receipt, processing or disposal of waste or otherwise uses or affects land at the facility; to conduct closure and postclosure activities at a facility.
Operator—A person or municipality engaged in solid waste processing or disposal by operating a facility. If more than one person is engaged in a single operation, all persons shall be deemed jointly and severally responsible for compliance with this article.
Owner—The person or municipality who is the owner of record of a facility or part of a facility.
PCB—A chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or a substance which contains that substance.
PCB-containing waste—Solid waste containing PCBs in the following concentrations:(i) More than 4 parts per million, but less than 50 parts per million.
(ii) 50 parts per million or more, if the following are met:
(A) Regulations promulgated under the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2629) provide that the waste may be disposed of as municipal solid waste.
(B) The waste is not a hazardous waste under the act.
(C) The Resource Conservation and Recovery Act (42 U.S.C.A. § § 6901—6991) does not impose specific standards or requirements for the disposal of the waste.
Perched aquifer—An aquifer that is separated from an underlying aquifer by an unsaturated zone.
Perched water table—The water table of a perched aquifer.
Perennial stream—A body of water flowing in a channel or bed composed of substrates associated with flowing waters and is capable, in the absence of pollution or other manmade disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by United States Standard No. 30 sieve (28 meshes per inch, 0.595 mm openings) and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.
Permanent water supply—A well, interconnection with a public water supply, extension of a public water supply, similar water supply or a treatment system determined by the Department to be capable of restoring the water supply to the quantity and quality of the original unaffected water supply.
Permit—A permit issued by the Department to operate a residual waste disposal or processing facility or to beneficially use residual waste. The term includes a general permit, permit-by-rule, permit modification, permit reissuance and permit renewal.
Permit area—The area of land and water within the boundaries of the permit which is designated on the permit application maps as approved by the Department. The term includes areas which are or will be used or affected by the residual waste processing or disposal facility.
Permit-by-rule—A permit which a person or municipality is deemed to have for the operation of a facility or an activity upon compliance with § 287.102 (relating to permit-by-rule).
Person—An individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, Federal government or agency, State institution and agency—including the Department of General Services and the State Public School Buildings Authority— or another legal entity which is recognized by law as the subject of rights and duties. In the provisions of this article pertaining to a fine or penalty, or both, the term includes the officers and directors of a corporation or other legal entity having officers and directors.
Pollution—The contamination of air, water, land or other natural resources of this Commonwealth which will create or is likely to create a public nuisance or render the air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.
Postclosure—Activities after closure which are necessary to ensure compliance with the act and this article, including application of final cover, grading and revegetation; groundwater, surface water and gas monitoring; erosion control and gas control; leachate treatment, and abatement of pollution or degradation to land, water, air or other natural resources.
Principal shareholder—A person or municipality that owns, holds or controls at least 5% of the stock of a publicly held corporation or at least 10% of the stock of a privately held corporation.
Processing—(i) The term includes one or more of the following:
(A) A method or technology used for the purpose of reducing the volume or bulk of municipal or residual waste or a method or technology used to convert part or all of the waste materials for offsite reuse.
(B) Transfer facilities, composting facilities and resource recovery facilities.
(ii) The term does not include a collection center that is only for source separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.
Product—A commodity that is the sole or primary intended result of a manufacturing or production process.
Radioactive material—A substance which spontaneously emits alpha or beta particles or photons (gamma radiation) in the process of decay or transformation of the atom’s nucleus.
Raw material—Material, including crude material, that can be converted by manufacture or processing into a product.
Rechanneling—The moving or relocation of a channel or stream and the reestablishment of the channel or stream to its former condition at a new location. The term does not include stream or channel enclosures, rock drains or the use of other materials to facilitate water flow under a facility.
Reclaimed—A material is ‘‘reclaimed’’ if it is processed to recover a useable product, or if it is regenerated.
Recycled—A material is ‘‘recycled’’ if it is used, reused or reclaimed.
Refuse—Solid waste.
Regional groundwater table—The fluctuating upper water level surface of an unconfined or confined aquifer, where the hydrostatic pressure is equal to the ambient atmospheric pressure. The term does not include the perched water table or the seasonal high water table.
Related party—A person or municipality engaged in solid waste management that has a financial relationship to a permit applicant or operator. The term includes a partner, associate, officer, parent corporation, subsidiary corporation, contractor, subcontractor, agent or principal shareholder of another person or municipality, or a person or municipality that owns land on which another person or municipality operates a solid waste management facility.
Remediation standards—Background, Statewide health and site-specific standards as those terms are defined under this article.
Residual waste—Garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous. The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act. The term does not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law.
Residual waste disposal impoundment—A facility for disposing of residual waste by impoundment.
Residual waste disposal or processing facility—A facility for disposing or processing of residual waste.
Residual waste landfill—A facility for disposing of residual waste. The term does not include a residual waste disposal impoundment or a facility for the land application of residual waste. The term also does not include a facility at which municipal waste, other than industrial lunchroom or office waste generated by the operator, construction/demolition waste generated by the operator, or certain special handling waste is disposed.
Risk-based standard—A risk-based abatement standard for substances that have no primary MCLs under the Federal and State Safe Drinking Water Acts (42 U.S.C.A. § § 300F—300J-18 and 35 P. S. § § 721.1—721.17).(i) For carcinogens, the standard represents a concentration associated with an excess lifetime cancer risk level between 1 x 10-4 and 1 x 10-6, including the cumulative risk of all contaminants.
(ii) For systemic toxicants, the standard represents a concentration to which the human population (including sensitive subgroups) could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime.
(iii) When several systemic toxicants affect the same target organ or act by the same method of toxicity, the hazard index may not exceed one.
Salvaging—The controlled removal of material from a solid waste processing or disposal facility.
Scrap metal—Bits and pieces of metal parts—for example—bars, turnings, rods, sheets and wire—or metal pieces that may be combined together with bolts or soldering—for example, radiators, scrap automobiles and railroad box cars—and which when worn or superfluous, can be reused.
Seasonal high water table—The minimum depth from the soil surface at which redoximorphic features are present in the soil.
Secondary contaminants—A substance for which a secondary MCL exists, and no lifetime health advisory level exists.
Sewage sludge—Liquid or solid sludges and other residues from a municipal sewage collection and treatment system; and liquid or solid sludges and other residues from septic and holding tank pumpings from commercial, institutional or residential establishments. The term includes material derived from sewage sludge. The term does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screening generated during preliminary treatment of sewage sludge at a municipal sewage collection and treatment system or grit, screenings and nonorganic objects from septic and holding tank pumpings.
Site—The area where a residual waste processing or disposal facility is operated. If the operator has a permit to operate the facility, and is operating within the boundaries of the permit, the site is equivalent to the permit area.
Site-specific standard—A numerical value as determined under section 304 of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § 6026.304) and Chapter 250, Subchapter F (relating to exposure and risk determinations).
Soil additive or soil substitute—The land application of coal ash or residual waste, at specified loading or application rates, to replace soil that was previously available at the site, to enhance soil properties or to enhance plant growth. The term does not include structural fills, construction material, valley fills, or the use of coal ash or residual waste to fill open pits from coal or noncoal mining or the disposal of coal ash.
Soil mottling—Irregularly marked spots in the soil profile that vary in color, size and number.
Solid waste—Waste, including, but not limited to, municipal, residual or hazardous waste, including solid, liquid, semisolid or contained gaseous materials. The term does not include coal ash that is beneficially used under chapter 290 (relating to beneficial use of coal ash) or drill cuttings.
Source material—The Federal definition for ‘‘source material’’ in 10 CFR 20.1003 is incorporated by reference.
Source reduction—The reduction or elimination of the quantity or toxicity of residual waste generated, which may be achieved through changes within the production process, including process modifications, feedstock substitutions, improvements in feedstock purity, shipping and packing modifications, housekeeping and management practices, increases in the efficiency of machinery and recycling within a process. The term does not include dewatering, compaction, waste reclamation or the use or reuse of waste.
Special handling waste—Solid waste that requires the application of special storage, collection, transportation, processing or disposal techniques due to the quantity of material generated or its unique physical, chemical or biological characteristics. The term includes dredged material, sewage sludge, regulated medical waste, chemotherapeutic waste, ash residue from a solid waste incineration facility, friable asbestos-containing waste, PCB-containing waste, waste oil that is not hazardous waste, fuel contaminated soil, waste tires and water supply treatment plant sludges.
Special nuclear material—The Federal definition for ‘‘special nuclear material’’ in 10 CFR 20.1003 is incorporated by reference.(i) The term ‘‘Commission’’ refers to the Nuclear Regulatory Commission.
(ii) The term ‘‘act’’ refers to the Atomic Energy Act (42 U.S.C.A. § § 2011—2297h-13).
(iii) The term ‘‘Department’’ shall be substituted for the term ‘‘Commission’’ when the Department assumes agreement state status from the Nuclear Regulatory Commission.
Spent material—Material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.
Standard Industrial Code Number—A number assigned to a corresponding type of industry, manufacture or product under the Standard Industrial Code prepared by the United States Office of Management and Budget.
Statewide health standard—A numerical value as determined under section 303 of the Land Recycling and Environmental Remediation Standards Act (35 P. S. § 6026.303) and § § 250.304, except for subsection (d), 250.305 and 250.308 (relating to MSCs for groundwater; MSCs for soil; and soil to groundwater pathway numeric values).
Steel slag—The uncontaminated, nonwater-soluble, solid material generated in the making of steel in an electric arc furnace, open hearth furnace, blast furnace or secondary steel-refining process.
Storage—The containment of waste on a temporary basis in a manner that does not constitute disposal of the waste. It shall be presumed that containment of waste in excess of 1 year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
Storage impoundment—An impoundment that is designed to hold an accumulation of liquid waste for storage, processing or treatment, but not disposal.
Structural fill—The engineered use of coal ash as a base or foundation for a construction activity that is completed promptly after the placement of the coal ash, including the use of coal ash as a backfill for retaining walls, foundations, ramps or other structures. The term does not include valley fills or the use of solid waste to fill open pits from coal or noncoal mining.
Surety bond—A penal bond agreement in a sum certain, payable to the Department, executed by the operator and a corporation licensed to do business as a surety in the Commonwealth and approved by the Department, which is supported by the guarantee of payment on the bond by the surety.
Surface land disposal—Application of solid waste to the land surface for purposes other than agricultural utilization or land reclamation.
Tank—A stationary containment device which provides its own structural support and is constructed entirely of nonearthen and nonwood materials.
Temporary water supply—Bottled water, a water tank supplied by a bulk water hauling system and similar water supplies in quantities sufficient to accommodate normal usage.
TENORM—Technologically enhanced naturally occurring radioactive materials. A technologically enhanced naturally occurring radioactive material is not subject to regulation under the laws of the Commonwealth or the Atomic Energy Act, whose radionuclide concentrations or potential for human exposure have been increased above levels encountered in the natural state by human activities.
Topmost—The bedrock lithology unit closest to the surface of the earth.
Transfer facility—A facility which receives and processes or temporarily stores municipal or residual waste at a location other than the generation site, and which facilitates the transportation or transfer of municipal or residual waste to a processing or disposal facility. The term includes a facility that uses a method or technology to convert part or all of the waste materials for offsite reuse. The term does not include a collection or processing center that is only for source separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetalic cans, high-grade office paper, newsprint, corrugated paper and plastics.
Transportation—The offsite removal of solid waste after generation.
Transuranic radioactive material—Material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium and curium.
Treatment—A method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of waste to neutralize the waste or to render the waste nonhazardous, safer for transport, suitable for recovery, suitable for storage or reduced in volume. The term includes an activity or process designed to change the physical form or chemical composition of waste to render it neutral or nonhazardous.
Unconfined aquifer—An aquifer in which the uppermost surface is at atmospheric pressure.
Used or reused—A material that meets one of the following conditions:(i) The material is employed as an ingredient, including use as an intermediate, in an industrial process to make a product. A material will not satisfy this condition if distinct components of the material are recovered as separate end products, as when metals are recovered from metal-containing secondary materials.
(ii) That material is employed in a particular function or application as an effective substitute for a commercial product.
Visible emissions—Emissions that are visually detectable without the aid of instruments. The term does not include condensed uncombined water vapor.
Waste—(i) Discarded material which is recycled or abandoned. A waste is abandoned by being disposed of, burned or incinerated or accumulated, stored or processed before or in lieu of being abandoned by being disposed of, burned or incinerated. A discarded material includes contaminated soil, contaminated water, contaminated dredge material, spent material or by-product recycled in accordance with subparagraph (iii), processed or disposed.
(ii) Materials that are not waste when recycled include materials when they can be shown to be recycled by being:
(A) Used or reused as ingredients in an industrial process to make a product or employed in a particular function or application as an effective substitute for a commercial product, provided the materials are not being reclaimed. This includes materials from the slaughter and preparation of animals that are used as raw materials in the production or manufacture of products. Steel slag is not waste if used onsite as a waste processing liming agent in acid neutralization or onsite in place of aggregate. Sizing, shaping or sorting of the material will not be considered processing for the purpose of this subclause of the definition.
(B) Coproducts.
(C) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material shall be returned as a substitute for feedstock materials. When the original process to which the material is returned is a secondary process, the materials shall be managed so that there is no placement on the land and the secondary process takes place onsite.
(iii) The following materials are wastes, even if the recycling involves use, reuse or return to the original process (as described as follows):
(A) Except for coproducts, materials used in a manner constituting disposal, or used to produce products that are applied to the land.
(B) Except for coproducts, materials burned for energy recovery, used to produce fuel or contained in fuel.
(C) Materials accumulated speculatively.
(iv) Discarded or recycled material may not be waste if a determination is made by the Department in accordance with § 287.7.
(v) In enforcement actions implementing the act, a person who claims that the material is not a waste in accordance with subparagraph (ii) shall demonstrate that there is a known market or disposition for the material, and that the terms of the exclusion have been met. In doing so, appropriate documentation shall be provided (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste. In addition, owners or operators of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so.
Waste classification standard—For purposes of this article, the waste classification standard for a contaminant shall be:(i) The final maximum contaminant level goal (MCLG) for the contaminant determined by the Department or the EPA under the Safe Drinking Water Acts (21 U.S.C.A. § 349; 42 U.S.C.A. § § 300f—300j-25; and 35 P. S. § § 721.1—721.17), if one exists, unless the MCLG is 0.
(ii) For contaminants for which no MCLG has been established, or for contaminants for which the MCLG has been established as 0, the final primary maximum contaminant level (MCL) for the contaminant determined by the Department or the EPA under the Safe Drinking Water Acts, if one exists.
(iii) For contaminants for which no MCLG has been established or for which the MCLG has been established as 0, and for which no MCL has been established, the final secondary maximum contaminant level (SMCL) for the contaminant determined by the Department or the EPA under the Safe Drinking Water Acts, if one exists.
(iv) For other contaminants, the more stringent of the following concentrations:
(A) For EPA Class A or Class B carcinogens, as specified in the EPA’s IRIS or its successor, 0.000035 divided by the oral cancer slope factor of the contaminant in units of (mg/kg/day)-1 obtained from IRIS or its successor. The quotient shall be expressed in units of mg/l. Information about IRIS and access methods to IRIS may be obtained from IRIS user support (MS-190), Environmental Criteria and Assessment Office, Office of Research and Developement, United States Environmental Protection Agency, 26 W. Martin Luther King Drive, Cincinnati, Ohio 45286.
(B) For contaminants which produce noncarcinogenic effects, 35 times the oral chronic reference dose in units of mg/kg/day obtained from IRIS or its successor. The product shall be expressed in units of mg/l.
Waste oil—One of the following:(i) Oil refined from crude oil or synthetically produced, used and, as a result of the use, contaminated by physical or chemical impurities.
(ii) A liquid, petroleum-based or synthetic oil, refined from petroleum stocks or synthetically produced which is used in an internal combustion engine as an engine lubricant, or as a product used for lubricating motor vehicle transmissions, gears or axles which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.
Water source—The site or location of a well, spring or water supply stream intake which is used for human consumption.
Water supply—Existing, designated or planned sources of water or facilities or systems for the supply of water for human consumption or for agricultural, commercial, industrial or other legitimate use, protected by the applicable water supply provisions of § 93.3 (relating to protected water uses).
Wetlands—Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
Source The provisions of this § 287.1 corrected February 25, 1994, effective July 4, 1992, 24 Pa.B. 1095; 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; amended March 21, 2008, effective March 22, 2008, 38 Pa.B. 1357; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7062; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021. Immediately preceding text appears at serial pages (354402), (333623) to (333624), (354403) to (354404), (273373) to (273380), (354405) to (354406) and (354411).
Cross References This section cited in 25 Pa. Code § 78a.1 (relating to definitions); 25 Pa. Code § 287.8 (relating to coproduct determinations); and 25 Pa. Code § 298.1 (relating to definitions).
§ 287.2. Scope.
(a) This chapter specifies general procedures and rules for persons or municipalities who generate, manage or handle residual waste. This article specifies the Department’s requirements for residual waste processing, disposal, transportation, collection and storage.
(b) Management of the following types of residual waste is subject to Article VIII (relating to municipal waste) instead of this article, and shall be regulated as if the waste is municipal waste regardless of whether the waste is a municipal waste or residual waste:
(1) Construction/demolition waste, as defined in § 271.1 (relating to definitions).
(2) Regulated medical and chemotherapeutic waste. The terms shall have the same meaning for residual waste as set forth in § 271.1.
(3) Leaf waste and grass clippings.
(4) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
(c) Management of the following types of waste is subject to this article instead of Article VIII, and shall be regulated as if the waste is residual waste, regardless of whether the waste is municipal waste or residual waste:
(1) Water supply treatment plant sludges.
(2) Waste oil that is not hazardous waste.
(3) Waste tires and autofluff.
(4) Contaminated soil.
(5) Used asphalt.
(6) Dredged material.
(d) The disposal, processing, storage and transportation at a municipal waste management facility of the following types of special handling waste is subject to the applicable additional requirements for the disposal, processing, storage and transportation of these wastes in this article, and shall be regulated as if the waste is residual waste regardless of whether the waste is municipal waste or residual waste:
(1) Friable asbestos-containing waste.
(2) PCB-containing waste.
(e) The following activities shall be regulated under Chapter 77 (relating to noncoal mining), instead of this article:
(1) The short-term storage of residual waste generated by noncoal surface mining activities, as defined in § 77.1 (relating to definitions), under a permit under the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § § 3301—3326), if the residual waste is being stored within the permit area of the site where it was generated.
(2) The stockpiling and use of residual waste generated by noncoal surface mining activities, as defined in § 77.1, at the site where it is generated, to reclaim the land affected by the activities pursuant to a permit under the Noncoal Surface Mining Conservation and Reclamation Act.
(f) The extraction, processing, handling and short-term storage of slag pursuant to a permit under the Noncoal Surface Mining Conservation and Reclamation Act shall be regulated under Chapter 77, if applicable, instead of this article, if the slag to be excavated, processed, handled or stored on a short-term basis is not hazardous waste and does not contain solid waste other than slag.
(g) A pit, impoundment, method or facility employed for the disposal, storage or processing of residual waste which is generated by drilling or production of an oil or gas well, and is located on the well site as defined in section 603a of the Oil and Gas Act (58 P.S. § 601.603a), shall be regulated under Chapter 78 (relating to oil and gas wells), instead of this article, if the owner or operator of the well meets the conditions of section 603a of the Oil and Gas Act.
(h) The management and disposal of low-level radioactive waste shall be regulated under Chapter 236 (relating to low-level radioactive waste management and disposal), instead of this article.
(i) If residual waste is disposed, processed or treated at a permitted hazardous waste treatment, storage or disposal unit at a facility, it shall be managed as a hazardous waste at that unit under Article VII (relating to hazardous waste management) rather than as a residual waste under this article.
(j) Action taken by the Department under this article will be subject to the Environmental Hearing Board Act (35 P.S. § § 7511—7514) and Chapter 1021 (relating to practice and procedures).
(k) The Department may waive or modify requirements in this article that would otherwise apply to a residual waste management facility that is permitted by the EPA under the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2629).
Source The provisions of this § 287.2 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021. Immediately preceding text appears at serial pages (354411) to (354412) and (336645).
Notes of Decisions Waste Tires
Waste tires are no longer ‘‘waste’’ once it can be shown that the tires will be recycled by being used or reused as an ingredient in an industrial process to make a product or by being employed in a particular function or application as an effective substitute for a commercial product. Tire Jockey Service v. Department of Environmental Protection, 836 A.2d 1026, 1030 (Pa. Cmwlth. 2003); affirmed 915 A.2d 1165 (Pa. 2007).
The accumulation of waste tires which were buried by Defendant are ‘‘residual waste’’ and, therefore, considered to be solid waste under the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003). Commonwealth v. Packer, 798 A.2d 192 (Pa. 2002).
Cross References This section cited in 25 Pa. Code § 287.101 (relating to general requirements for permit).
§ 287.3. Environmental protection.
(a) The Department may, in writing, request information from a permit applicant or operator not specifically identified in this article that the Department deems necessary to carry out the act, the environmental protection acts and the regulations promulgated thereunder, including this article.
(b) The Department may, in issuing a permit under this article, impose terms and conditions the Department deems necessary to carry out the provisions and purposes of the act, the environmental protection acts and the regulations promulgated thereunder, including this article.
§ 287.4. Computerized data submission.
(a) Data required under this article may be submitted electronically or on magnetic or optic storage media in a format specified by the Department, if authorized by the Department.
(b) Data required under this article shall be submitted electronically or on magnetic or optic storage media in a format specified by the Department, if required by the Department.
(c) The Department may require a different scale than required in the application and operation requirements in this article to facilitate the use of data on maps, reports and plans submitted electronically or on magnetic or optic storage media.
Source The provisions of this § 287.4 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226478).
§ 287.5. Public records and confidential information.
(a) Except as provided in subsection (b), records, reports or other information submitted to the Department under this article shall be available to the public for inspection or copying during regular business hours.
(b) The Department may, upon request, designate records, reports or other information as confidential when the person or municipality providing the information demonstrates the following:
(1) The information contains trade secrets, processes, operations, style of work or apparatus of a person or municipality or is otherwise confidential business information.
(2) The information is not emission or discharge data or other information that relates to public health, safety, welfare or the environment.
(c) When submitting information under this article, a person or municipality shall designate the information which the person or municipality believes is confidential or shall submit that information separately from other information being submitted.
(d) Information which the Department determines to be confidential under this section will not be made available to the public.
(e) This section does not prevent the disclosure of information to the Federal government or other State agencies as may be necessary for purposes of administration of Federal or State law.
(f) This section does not prevent the disclosure of information submitted to the Department as part of a general permit application under § 287.621 (relating to application for general permit) which meets one of the following:
(1) The Department is required to make the information available to the public as part of the general permit.
(2) The Department determines that it is necessary to disclose the information during the comment period for the general permit to obtain informed public comment on the general permit.
§ 287.6. Consignment or other transfer of waste.
A person or municipality may not consign, assign, sell, entrust, give or in any way transfer residual waste which is at any time subsequently, by that person or municipality or another person or municipality:
(1) Dumped or deposited or discharged in any manner into the surface of the earth or underground or into the waters of this Commonwealth unless a permit for the dumping or depositing or discharging of the residual waste has first been obtained from the Department.
(2) Stored, treated, processed, disposed of or discharged by a residual waste management facility in this Commonwealth unless the facility is operated under a permit first obtained from the Department.
§ 287.7. Determination that a material is no longer a waste.
(a) Beneficial use. As a term or condition of a general permit for the beneficial use of residual waste, the Department will make a determination that the waste which is beneficially used under the permit ceases to be a waste if it is used in accordance with the terms and conditions of the permit and does not harm or present a threat of harm to public health, safety, welfare or the environment.
(b) Processing.
(1) As a term or condition of an individual or general permit for the processing of residual waste, or at the request of the owner or operator of a processing facility subject to a permit by rule, the Department may make a determination that, subsequent to the processing activity, the processed waste ceases to be a waste even if it does not meet the requirements for a coproduct.
(2) The Department will only make this determination if the applicant demonstrates the following to the Department’s satisfaction:
(i) The waste will be used as an ingredient in a manufacturing or production process or as a substitute for a commercial product.
(ii) At a minimum, use of the waste will not:
(A) Harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth through exposure to constituents of the waste.
(B) Present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.
(iii) The physical character and chemical composition of the residual waste contributes to the usefulness of the product, and nothing in the physical character or chemical composition of the waste interferes with the usefulness of the product.
(c) Revocation of determination. The determination under this section is automatically void, and the material is a waste, if the material is used in a manner inconsistent with the terms under which it was determined to no longer be a waste. The Department may revoke a determination under this section if the use of the material does not meet the requirements of this section.
Cross References This section cited in 25 Pa. Code § 287.1 (relating to definitions); 25 Pa. Code § 295.233 (relating to sale, utilization or disposal of compost); 25 Pa. Code § 298.10 (relating to applicability); and 25 Pa. Code § 298.20 (relating to applicability).
§ 287.8. Coproduct determinations.
(a) In addition to meeting the conditions of the definition of ‘‘coproduct’’ in § 287.1 (relating to definitions), a person performing a coproduct determination shall evaluate chemical composition and threat of harm to the environment and public health in accordance with this section. A proposed coproduct may not present a greater threat of harm to human health and the environment than use of an intentionally manufactured product or produced raw material. A greater threat of harm is presented if one of the following is met:
(1) For comparison of the proposed coproduct with a product or produced raw material, hazardous or toxic constituents are present at elevated levels unless an assessment of hazardous and toxic constituents demonstrates that the constituents are not biologically available.
(2) For a proposed coproduct where no product or produced raw material will be replaced, an assessment of hazardous and toxic constituents demonstrates that the constituents are not biologically available.
(b) If the proposed coproduct is being compared to an intentionally manufactured product or produced raw material, a person performing a coproduct determination shall demonstrate that the use of a proposed coproduct does not present a greater threat of harm to human health and the environment by performing the following:
(1) An evaluation to determine which, if any, hazardous or toxic constituents are present in the proposed coproduct at levels exceeding those found in the material it is replacing.
(2) An evaluation of the total levels of hazardous or toxic constituents, including the constituents in 40 CFR Part 261, Appendix VIII (relating to hazardous constituents) as incorporated by reference in § 261a.1 (relating to incorporation by reference, purpose and scope), to determine whether the total levels of constituents contained in the proposed coproduct exceed the total levels found in the intentionally manufactured product or produced raw material it is replacing. Based on generator knowledge, if a hazardous or toxic constituent is not present evaluation of total levels is not required.
(3) An evaluation of the levels of leaching of hazardous or toxic constituents, including the constituents in 40 CFR Part 261, Appendix VIII as incorporated by reference in § 261a.1, to determine whether the levels of leaching from the proposed coproduct exceed the levels of leaching from the manufactured product or produced raw material it is replacing. A leaching procedure shall be performed that is appropriate for the intended use of the proposed product. Based on generator knowledge, if a hazardous or toxic constituent is not present evaluation of leaching levels is not required.
(4) The routes of exposure to humans and ecological receptors shall be identified. These routes of exposure shall include ingestion, inhalation, dermal contact, leaching to the groundwater, plant uptake and surface runoff potential. Mitigating circumstances, such as protective gear worn by workers to reduce exposure during processing or application of the proposed coproduct, shall be identified.
(5) The use of a 95% upper confidence interval, using the ‘‘Test Methods for Evaluating Solid Waste’’ (EPA SW-846), may be applied to the comparisons of constituent levels between the proposed coproduct and the intentionally manufactured product or produced raw material it is replacing.
(c) If the proposed coproduct is not being compared to an intentionally manufactured product or produced raw material, a person performing a coproduct determination shall demonstrate that the proposed coproduct does not present a threat of harm to human health and the environment and the hazardous or toxic constituents are not biologically available by performing the following:
(1) An evaluation of the total levels of hazardous or toxic constituents, including the constituents in 40 CFR Part 261, Appendix VIII as incorporated by reference in § 261a.1. Based on generator knowledge, if a hazardous or toxic constituent is not present evaluation of total levels is not required.
(2) An evaluation of the levels of leaching of hazardous or toxic constituents, including the constituents in 40 CFR Part 261, Appendix VIII as incorporated in § 261a.1. Based on generator knowledge, if a hazardous or toxic constituent is not present evaluation of leaching levels is not required.
(3) The routes of exposure to humans and ecological receptors shall be identified. These routes of exposure include ingestion, inhalation, dermal contact, leaching to the groundwater, plant uptake and surface runoff potential. Mitigating circumstances, such as protective gear worn by workers to reduce exposure during processing or application of the proposed coproduct, shall be identified.
(4) The use of a 95% upper confidence interval, using the ‘‘Test Methods for Evaluating Solid Waste’’ (EPA SW-846), may be applied to the analytical results of the constituents evaluated.
(d) A person who completes a coproduct determination shall maintain documentation supporting the determination. This documentation shall be available to the Department upon request.
(e) A person who completes a coproduct determination shall provide documentation supporting the determination to persons selling, transferring, possessing or using the material.
Source The provisions of this § 287.8 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
Cross References This section cited in 25 Pa. Code § 287.1 (relating to definitions); and 25 Pa. Code § 287.9 (relating to industry-wide coproduct determinations).
§ 287.9. Industry-wide coproduct determinations.
(a) Based on existing documentation for coproduct determinations, the Department may determine that, on an industry-wide basis, classes of materials are coproducts for specific uses if the following conditions are met:
(1) Chemical and physical characteristics of the material generated do not vary over time.
(2) Historical use of the material complies with industry standards and specifications.
(3) Historical use of the material over an extended time period has demonstrated that the material, when used as specified, performs as an effective substitute for an intentionally manufactured product or produced raw material.
(4) There is historical documentation that a market for the material and its use exists.
(5) Historical use of the material does not violate the Environmental Protection Acts or regulations thereunder and does not harm or present a threat of harm to public health, safety, welfare or the environment based on an evaluation under § 287.8 (relating to coproduct determinations).
(b) The Department may establish a list of approved coproducts that meet the requirements of subsection (a). The Department will publish notice of its intent to establish or modify the list in the Pennsylvania Bulletin and will establish a comment period of at least 30 days. After the close of the 30-day comment period, the Department will publish the final list or any modification to the final list in the Pennsylvania Bulletin.
(c) The Department may remove an approved coproduct from the list if it finds that one or more of the criteria used as a basis for the Department’s determination was incorrect, or new information has become available that invalidates the determination. Removal of an approved coproduct from the list will be published in the Pennsylvania Bulletin with a comment period of at least 30 days. After the close of the comment period, the Department will publish any modification of the list in the Pennsylvania Bulletin.
Source The provisions of this § 287.9 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
§ 287.10. Coproduct determination transition.
(a) A coproduct determination made after January 13, 2001, shall be performed in accordance with this chapter.
(b) A person may continue to operate under a coproduct determination made prior to January 13, 2001, provided that the person maintains documentation that demonstrates continuing compliance with the coproduct determination.
(c) After January 13, 2003, a person shall only operate under a coproduct determination that meets the requirements of this chapter.
Source The provisions of this § 287.10 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
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