Subchapter A. GENERAL
Sec.
261a.1. Incorporation by reference, purpose and scope.
261a.2. Definition of ‘‘solid waste.’’
261a.3. Definition of ‘‘hazardous waste.’’
261a.4. Exclusions.
261a.5. [Reserved].
261a.6. Requirements for recyclable materials.
261a.7. Residues of hazardous waste in empty containers.
261a.8. [Reserved].
261a.9. Requirements for universal waste.§ 261a.1. Incorporation by reference, purpose and scope.
Except as expressly provided in this chapter, 40 CFR Part 261 and its appendices (relating to identification and listing of hazardous waste) are incorporated by reference. The substitution of terms in § 260a.3(a)(1) (relating to terminology and citations related to Federal regulations) does not apply to 40 CFR 261.4(f)(1), 261.10 and 261.11 (relating to notification of treatability studies; criteria for identifying the characteristics of hazardous waste; and criteria for listing hazardous waste). The substitution of terms in § 260a.3(a)(3) does not apply to Appendix IX (relating to wastes excluded under § § 260.20 and 260.22) of the CFR.
Cross References This section cited in 25 Pa. Code § 271.1 (relating to definitions); 25 Pa. Code § 272.501 (relating to scope); 25 Pa. Code § 287.1 (relating to definitions); 25 Pa. Code § 287.8 (relating to coproduct determinations); 25 Pa. Code § 287.54 (relating to chemical analysis of waste); 25 Pa. Code § 287.132 (relating to chemical analysis of waste); 25 Pa. Code § 298.10 (relating to applicability); 25 Pa. Code § 298.40 (relating to applicability); 25 Pa. Code § 298.44 (relating to rebuttable presumption for waste oil and flash point screening); 25 Pa. Code § 298.53 (relating to rebuttable presumption for waste oil and flash point screening); and 25 Pa. Code § 298.63 (relating to rebuttable presumption for waste oil).
§ 261a.2. Definition of “solid waste.”
Materials that are excluded from the definition of “solid waste” in 40 CFR 261.2(c)—(e) (relating to the definition of “solid waste”) shall be managed in accordance with Chapters 287—299 (relating to residual waste management).
Source The provisions of this § 261a.2 adopted June 1, 2001, effective June 2, 2001, 31 Pa.B. 2873.
§ 261a.3. Definition of ‘‘hazardous waste.’’
(a) 40 CFR 261.3(c)(2)(ii)(C) (relating to certain non-wastewater residues such as slag resulting from HTMR processing of K061, K062 or F006 waste) is not incorporated by reference.
(b) In addition to the requirements incorporated by reference, except when the waste is contaminated media subject to remediation, when it is not promptly possible to determine if a material will be a hazardous waste, the material shall be managed as a hazardous waste until the determination is made that indicates it is not a hazardous waste.
Source The provisions of this § 261a.3 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102. Immediately preceding text appears at serial page (284428).
§ 261a.4. Exclusions.
In addition to the requirements incorporated by reference:
(1) The exclusion in 40 CFR 261.4(b)(1) (relating to exclusions) does not apply to household hazardous waste as defined in § 271.1 (relating to definitions) if the waste is collected as part of a collection event or collected at an out-of-State household hazardous waste collection and brought into this Commonwealth for processing, treatment, storage or disposal.
(2) A copy of the written State agreement required by 40 CFR 261.4(b)(11)(ii) that includes a provision to assess the groundwater and the need for further remediation once the free phase recovery is completed for free phase hydrocarbon recovery operations shall be submitted to: Pennsylvania Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, Post Office Box 8471, Harrisburg, Pennsylvania 17105-8471.
Source The provisions of this § 261a.4 amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (280178).
§ 261a.5. [Reserved].
Authority The provisions of this § 261a.5 reserved 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)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 261a.5 amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2873; amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102; reserved July 17, 2020, effective July 18, 2020, 50 Pa.B. 3581. Immediately preceding text appears at serial page (317313).
§ 261a.6. Requirements for recyclable materials.
(a) The reference to “Part 279 of this chapter” in 40 CFR 261.6(a)(4) (relating to requirements for recyclable materials) is replaced with Chapter 298 (relating to management of waste oil).
(b) 40 CFR 261.6(c) is not incorporated by reference.
(c) Instead of 40 CFR 261.6(c), owners and operators of facilities that store or treat recyclable materials are regulated under all applicable and incorporated provisions of 40 CFR Parts 264 and 265, Subparts A—L, AA, BB, CC and DD; 40 CFR Part 264 Subpart X; 40 CFR Parts 266 and 270, except as provided in 40 CFR 261.6(a).
(1) In addition, owners and operators of facilities regulated under this section are subject to the applicable provisions of:
(i) Chapter 264a and Chapter 265a, Subchapters A, B, D, E, G—J and P.
(ii) Chapter 264a, Subchapters X and DD.
(iii) Chapters 266a and 270a.
(2) Recycling processes that are not treatment are exempt from regulation except as provided in 40 CFR 261.6(d).
(3) The sizing, shaping or sorting of recyclable materials will not be considered treatment for purposes of this section.
(d) The requirements of § § 270a.3, 264a.82, 264a.83, 265a.82 and 265a.83 do not apply to facilities or those portions of facilities that store or treat recyclable materials.
(e) References to § 279.11 in 40 CFR 261.6 are replaced with § 298.11 (relating to waste oil specifications).
Source The provisions of this § 261a.6 amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2873. Immediately preceding text appears at serial pages (272702) to (272703).
Cross References This section cited in 25 Pa. Code § 266a.70 (relating to applicability and requirements); 25 Pa. Code § 266a.80 (relating to applicability and requirements); and 25 Pa. Code § 287.8 (relating to coproduct determinations).
§ 261a.7. Residues of hazardous waste in empty containers.
(a) Hazardous waste removed from either an empty container or an inner liner removed from an empty container, as defined in 40 CFR 261.7(b) (relating to residues of hazardous waste in empty containers), is subject to this chapter and Chapters 262a—265a, 268a and 270a.
(b) For purposes of this section, the term ‘‘containers’’ includes tanks.
Cross References This section cited in 25 Pa. Code § 298.40 (relating to applicability).
§ 261a.8. [Reserved].
Authority The provisions of this § 261a.8 reserved 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)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 261a.8 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201; reserved July 17, 2020, effective July 18, 2020, 50 Pa.B. 3581. Immediately preceding text appears at serial page (351907).
§ 261a.9. Requirements for universal waste.
In addition to the requirements incorporated by reference, oil-based finishes and photographic solutions as defined in § 266b.3 (relating to definitions) are included as wastes subject to regulation under Chapter 266b (relating to universal waste management).
Authority The provisions of this § 261a.9 issued 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)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 261a.9 adopted July 17, 2020, effective July 18, 2020, 50 Pa.B. 3581.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
