Title 25--ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD [ 25 PA. CODE CHS. 260a--266a, 266b, 267a, 269a AND 270a ] Hazardous Waste Management [39 Pa.B. 201]
[Saturday, January 10, 2009]The Environmental Quality Board (Board) by this order amends Chapters 260a--266a, 266b, 269a and 270a to update the hazardous waste management program. The Board proposes to add a new Chapter 267a (relating to standards for owners and operators of hazardous waste facilities operating under a standardized permit). These amendments and additions are set forth in Annex A.
This order was adopted by the Board at its meeting of September 16, 2008.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information contact Dwayne Womer, Environmental Engineer Manager, Division of Hazardous Waste Management, P. O. Box 8471, Rachel Carson State Office Building, Harrisburg, PA 17105-8471, (717) 787-6239; or Kurt Klapkowski, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the Pennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection's (Department) web site www. depweb.state.pa.us.
C. Statutory Authority
This final-form rulemaking is authorized under sections 105, 402 and 501 of the Solid Waste Management Act (SWMA) (35 P. S. §§ 6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (HSCA) (35 P. S. §§ 6020.303 and 6020.305(e)(2)); sections 5, 402 and 501 of The Clean Streams Law (35 P. S. §§ 691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-20). Under sections 105, 402 and 501 of the SWMA, the Board has the power and duty to adopt rules and regulations concerning the storage, treatment, disposal and transportation of hazardous waste that are necessary to protect the public's health, safety, welfare and property, and the air, water and other natural resources of this Commonwealth. Sections 303 and 305(e)(2) of HSCA grant the Board the power and duty to promulgate regulations to carry out the provisions of that act. Sections 5, 402 and 501 of The Clean Streams Law grant the Board the authority to adopt regulations that are necessary to protect the waters of this Commonwealth from pollution. Section 1920-A of The Administrative Code of 1929 grants the Board the authority to promulgate rules and regulations that are necessary for the proper work of the Department.
D. Background and Summary
These changes are being made to address the Secretary's directive to review and revise all Department regulations to implement the goals contained in the Administration's priorities of increased environmental protection and improved human quality of life.
This final-form rulemaking includes revisions to remove obsolete provisions and correct inaccurate references currently in the regulations; delete the outdated coproduct transition scheme; simplify the hazardous waste manifest system; update the financial assurance requirements for bonding; expand and clarify the universal waste requirements; correct an outdated reference to the Board in the hazardous waste facilities siting criteria and add provisions for standardized permits.
The specific Administration priorities addressed in this final-form rulemaking include the following:
* Improving the permitting process by incorporating the Federal standardized permits provision and including regulatory provisions to accomplish this.
* Changing the bonding requirements to improve the reliability of money available to properly close a hazardous waste facility.
* Making a minor correction to the regulation for corrective action for solid waste management units to eliminate an impediment for the Commonwealth to receive Federal authorization, which would provide increased flexibility and further encourage brownfields redevelopment opportunities.
* Simplifying the reporting requirements for hazardous waste manifests and universal wastes to eliminate unnecessary reports and reduce paperwork requirements.
* Adding two new universal wastes that encourage recycling and proper management of hazardous wastes that might otherwise be disposed improperly.
Chapter 260a. Hazardous Waste Management System: General
§ 260a.30. Variances from classification as a solid waste. This section deleted the coproduct transition language, which is obsolete. This language was previously necessary to transition materials that were classified as coproducts and therefore not regulated as waste under the regulations prior to incorporating the Federal definition of solid waste on May 1, 1999. The deadline for transitioning was May 1, 2001.
Chapter 261a. Identification and Listing of Hazardous Waste
§ 261a.8. Requirements for universal waste. This section revises language to include new materials that may be managed as universal waste (oil-based finishes and photographic solutions). This section deleted mercury-containing devices from the universal wastes. 40 CFR now has a parallel regulation which is incorporated by reference. This causes the Pennsylvania-specific universal waste for mercury-containing devices to be redundant and unnecessary.
§ 261a.39. Conditional exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling. A new provision added on final-form rulemaking makes an exception to the blanket substitution of terms to the requirements for exports of used and broken CRTs and processed CRT glass that is being exported. The Environmental Protection Agency (EPA) retains the authority to regulate exports of hazardous wastes to foreign countries even in Federally-authorized states. The blanket substitution of ''Department'' for ''Environmental Protection Agency'' or ''EPA'' in § 260a.3 (relating to terminology and citations related to Federal regulations) is not applicable to exports.
Chapter 262a. Standards Applicable to Generators of Hazardous Waste
§ 262a.10. Incorporation by reference, purpose, scope and applicability. This section excluded University Laboratories XL Project--Laboratory Environmental Management Standard from the incorporation of Federal regulations by reference. These unincorporated citations apply only to specific university laboratories in Massachusetts and Vermont.
§ 262a.12. EPA identification numbers. This section removes the exception to substitution of terms in § 260a.3 because the Department now issues EPA ID numbers and adds the requirement for a generator to submit a subsequent notification if the name of the facility changes. This section clarifies a subsequent notification when there is a change of ''generator status'' instead of ''facility class.''
Subchapter B. Manifest. §§ 262a.20--262a.23. Changes to the manifest system in the incorporated Federal regulations that were published as final rule on March 4, 2005, known as the Uniform Manifest rule, have made Pennsylvania-specific requirements obsolete. The Pennsylvania-specific requirements are being deleted.
§ 262a.21. Manifest tracking numbers, manifest printing, and obtaining manifests. A new provision added on final-form rulemaking makes an exception to the blanket substitution of terms to the requirements for manifest tracking numbers, manifest printing and obtaining manifests. The blanket substitution of ''Department'' for ''Environmental Protection Agency,'' ''EPA'' or ''EPA Director'' in § 260a.3 (relating to terminology and citations related to Federal regulations) is not applicable to this portion of the uniform manifest requirements. These requirements are considered by the EPA to be ''nondelegable'' to authorized states.
§ 262a.41. Biennial report. This section is deleted entirely because it is no longer necessary to modify the EPA report form for use in this Commonwealth.
§ 262a.100. Source reduction strategy. This section corrects an incorrect cross reference to 40 CFR.
Appendix to Chapter 262a. Uniform hazardous waste manifest and instructions (EPA Forms 8700-22 and 8700-22a and their instructions). A new provision added on final-form rulemaking makes an exception to the blanket substitution of terms to the requirements for manifest tracking numbers, manifest printing and obtaining manifests. The blanket substitution of ''Department'' for ''Environmental Protection Agency,'' ''EPA'' or ''EPA Director'' in § 260a.3 is not applicable to this portion of the uniform manifest requirements. These requirements are considered by the EPA to be ''nondelegable'' to authorized states.
Chapter 263a. Transporters of Hazardous Waste
§ 263a.12. Transfer facility requirements. This section removes Pennsylvania-specific manifest requirements for transfer facilities. These are no longer necessary because of the incorporated Federal uniform manifest requirements.
§ 263a.13. Licensing. This section removes an inaccurate cross-reference to § 263a.30 (in Subchapter C. Hazardous Waste Discharges, regarding immediate action).
§ 263a.20. Manifest system, and § 263a.21. Compliance with the manifest. Pennsylvania-specific manifest requirements are being deleted as redundant because of the Federal uniform manifest rule finalized on March 4, 2005.
§ 263a.25. Civil penalties for failure to submit hazardous waste transporter fees, and § 263a.26. Assessment of penalties. These sections were deleted to remove regulatory provision for civil penalties. The provisions have never been used. The Department still has the authority to assess penalties for failure to submit fees, submission of falsified information, failure to submit documentation that no fee was due or failure to meet the time schedule for submission of fees.
Chapter 264a. Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
§ 264a.1. Incorporation by reference, purpose, scope and reference. The amendment clarifies the reference to the Federal Appendix VI to 40 CFR Part 264 that is excluded from incorporation by reference.
§ 264a.71. Use of the manifest system. Pennsylvania-specific manifest requirements are being deleted as redundant because of the Federal uniform manifest rule finalized on March 4, 2005. A new provision added on final-form rulemaking makes an exception to the blanket substitution of terms to the requirements for use of the manifest system. The blanket substitution of ''Department'' for ''Environmental Protection Agency,'' ''EPA'' or ''EPA Director'' in § 260a.3 is not applicable to this portion of the uniform manifest requirements. These requirements are considered by EPA to be ''nondelegable'' to authorized states.
§ 264a.80. Civil penalties for failure to submit hazardous waste management fees, and § 264a.81. Assessment of penalties; minimum penalties. These sections were deleted to remove regulatory provision for civil penalties. These provisions have never been used. The Department still has the authority to assess penalties for failure to submit fees, submission of falsified information, failure to submit documentation that no fee was due or failure to meet the time schedule for submission of fees.
§ 264a.83. Administration fees during closure. This section deletes closure requirements from this section; identical Federal provisions are incorporated by reference in § 264a.1 (relating to incorporation by reference, purpose, scope and reference.)
§ 264a.101. Corrective action for solid waste management units. This section deletes the provision that will prevent Pennsylvania from being approved by the EPA for authorization to implement the RCRA Corrective Action Program.
§ 264a.115. Certification of closure. Language was proposed to be moved from § 264a.83 to this section. However, identical Federal provisions are incorporated by reference. The final-form rulemaking makes no changes to this section.
Chapter 264. Subchapter H. Financial Requirements.
§ 264a.143. Financial assurance for closure and § 264a.145. Financial assurance for postclosure care. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 264a.153. Requirement to file a bond. This section clarifies that only forms prepared and provided by the Department are acceptable for filing a bond.
§ 264a.154. Form, terms and conditions of bond. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 264a.156. Special terms and conditions for collateral bonds and bonds pledging a financial test or corporate guarantee for closure. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 264a.157. Phased deposits of collateral. This section clarifies that only new facilities that are applying for a new permit are eligible for phased deposit of collateral. An existing facility could enter forfeiture early in the phased deposit stage and not have adequate bond to cover closure costs.
§ 264a.168 Bond Forfeiture. This section revises bond forfeiture wording to specify that monies from forfeited bonds will first be used to properly close the facility for which the bond was forfeited (consistent with the Municipal and Residual Waste Regulations).
§ 264a.195. Inspections. This section, relating to hazardous waste tank inspection frequency, is rescinded. A request for interpretation from the PA Chamber of Business and Industry brought to the attention of Department staff that this section may conflict with Federal regulations otherwise incorporated by reference. This section originally supplemented the incorporated Federal regulations by adding a requirement that tanks be inspected every 72 hours when not operating, if waste remains in the tank. The incorporated Federal regulations require tanks to be inspected at least once each operating day. Since tanks are designed to contain an accumulation of hazardous waste, the Department has taken the position that, when waste is in the tank, it is operating and must be inspected once every 24 hours.
Chapter 265a. Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities
§ 265a.71. Use of the manifest system. Pennsylvania-specific manifest requirements are being deleted as redundant because of the Federal uniform manifest rule finalized on March 4, 2005. An exception to the blanket substitution of terms to the requirements for use of the manifest system has been made. The blanket substitution of ''Department'' for ''Environmental Protection Agency,'' ''EPA'' or ''EPA Director'' in § 260a.3 is not applicable to this portion of the uniform manifest requirements. These requirements are considered by EPA to be ''nondelegable'' to authorized states.
§ 265a.80. Civil penalties for failure to submit hazardous waste management fees, and § 265a.81. Assessment of penalties; minimum penalties. These sections are deleted to remove regulatory provisions for civil penalties. These provisions have never been used. The Department still has the authority to assess penalties for failure to submit fees.
§ 265a.83. Administration fees during closure. This section deletes closure requirements from this section; identical Federal provisions are incorporated by reference in § 265a.1 (relating to Incorporation by reference, purpose, scope and applicability).
§ 265a.115. Certification of closure. Language was proposed to be moved from § 265a.83 to this section. However, the identical Federal provisions are incorporated by reference. The final-form rulemaking makes no changes to this section.
Chapter 265. Subchapter H. Financial Requirements.
§ 265a.143. Financial assurance for closure and § 265a.145. Financial assurance for postclosure care. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 265a.153. Requirement to file a bond. The amendment clarifies that only forms prepared and provided by the Department are acceptable for filing a bond.
§ 265a.154. Form, terms and conditions of bond. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 265a.156. Special terms and conditions for collateral bonds and bonds pledging a financial test or corporate guarantee for closure. The financial test and corporate guarantee was proposed to be eliminated, however, due to numerous comments during the public comment period, the provisions of this section are retained in the final-form rulemaking. The term ''financial test'' is added in the final-form rulemaking.
§ 264a.157. Phased deposits of collateral. This section is amended to clarify that only new facilities that are applying for a new permit are eligible for phased deposit of collateral. An existing interim status facility could enter forfeiture early in the phased deposit stage and not have adequate bond to cover closure costs.
§ 265a.163. Failure to maintain adequate bond. The amendment clarifies that requests by the Department for additional bond amounts will be in writing and eliminates a reference to failure to make timely payments for a phased deposit of collateral bond type which has been removed from the interim status standards of Chapter 265a (relating to interim status standards for owners and operators of hazardous waste treatment, storage and disposal facilities).
§ 265a.168. Bond forfeiture. The amendment revises bond forfeiture wording to specify that moneys from forfeited bonds will first be used to properly close the facility for which the bond was forfeited (consistent with the Municipal and Residual Waste Regulations).
§ 265a.195. Inspections. This section, relating to hazardous waste tank inspection frequency, is rescinded. A request for interpretation from the PA Chamber of Business and Industry brought to the attention of Department staff that this section may conflict with Federal regulations otherwise incorporated by reference. This section originally supplemented the incorporated Federal regulations by adding a requirement that tanks be inspected every 72 hours when not operating, if waste remains in the tank. The incorporated Federal regulations require tanks to be inspected at least once each operating day. Since tanks are designed to contain an accumulation of hazardous waste, the Department has taken the position that, when waste is in the tank, it is operating and must be inspected once every 24 hours.
Chapter 266a. Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
§ 266a.70. Applicability and requirements. The amendment corrects a typographical error that incorrectly refers to § 270a.60(b)(6) as the precious metal reclamation permit-by-rule provision. The correct citation is § 270a.60(b)(5).
Chapter 266b. Universal Waste Management
§ 266b.1. Incorporation by reference and scope. This section is modified by eliminating mercury-containing devices; the incorporated Federal regulations now include mercury-containing equipment with equivalent requirements and by listing two new Pennsylvania-specific materials to be eligible for management as universal wastes under this rulemaking, oil-based finishes and photographic processing solutions.
§ 266b.2 Applicability-mercury containing devices. This section is rescinded.
§ 266b.3. Definitions. The amendment deletes mercury-containing devices and relocates the definitions to the beginning of the subchapter. The section adds technical definitions for the two new materials that are being added as Pennsylvania-specific materials to be eligible for management as universal wastes under this rulemaking (oil-based finishes and photographic solutions).
§ 266b.4. Applicability--oil-based finishes. A new section was added to describe which oil-based finishes will be eligible for management as universal wastes.
§ 266b.5. Applicability--photographic solutions. A new section was added to describe which photographic solutions will be eligible for management as universal wastes.
Chapter 266b, Subchapter B. Small Quantity Handlers of Universal Waste. and Chapter 266b, Subchapter C. Large Quantity Handlers of Universal Waste. This section was modified by adding standards and labeling/marking requirements applicable to the two new materials, which are being added as Pennsylvania-specific materials to be eligible for management as universal wastes under this rulemaking (oil-based finishes and photographic solutions) and removes the management standards for mercury-containing devices.
Chapter 267a. Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit
This is a new chapter that incorporates by reference 40 CFR Part 267, along with a new Chapter 270a, Subchapter I that provides standards for hazardous waste facilities operating under a standardized permit that was published on September 8, 2005, as a final Federal regulation. The rule streamlines the hazardous waste permitting process for tanks, containers and containment buildings. It applies to onsite facilities and facilities controlled by the same company as the offsite generator. The standardized permit provision provides a streamlined process for generators of hazardous waste to obtain a permit to store wastes for greater than 90 days. A standardized permit process is also available to companies that generate hazardous waste at various locations but want to establish a treatment facility at one location for hazardous wastes generated at all locations.
Chapter 269a. Siting.
§ 269a.50. Environmental assessment considerations. The section replaces the Board as the jurisdictional designee of natural areas or wild areas with a more generic designee as a State or Federal agency. The legislation that established the Department of Conservation and Natural Resources (DCNR) and the Department as two separate agencies from the Department of Environmental Resources (DER) effectively changed the designee of these areas from the Board to the DCNR. The details for making these determinations are dealt with in guidance documents that assist applicants for siting hazardous waste facilities.
Chapter 270a. Hazardous Waste Permit Program.
§ 270a.2. Definitions. The definition of ''standardized permit is amended.''
§ 270a.6. References. The amendment corrects a typographical error in the 40 CFR 270.6 citation.
§ 270a.41. Procedures for modification, termination or revocation and reissuance of permits. Changes were made to 40 CFR Part 124, the general requirements for Federal permit issuance that affect hazardous waste permits. The Commonwealth regulations do not incorporate Part 124 by reference; these changes are in the 25 Pa. Code areas that are regulatory analogs to Part 124.
§ 270a.42. Permit modification at the request of the permittee. The amendment clarifies requirements and time frames for public notice for Class 3 modifications.
§ 270.51. Continuation of existing permits. Changes were made to 40 CFR Part 124, the general requirements for Federal permit issuance that affect hazardous waste permits. Pennsylvania regulations do not incorporate Part 124 by reference; these changes are in the 25 Pa. Code areas that are regulatory analogs to Part 124.
§ 270a.60. Permits-by-rule. The section was modified by deleting a defunct notification deadline and adding a clarifying provision establishing that thermal treatment activities are not eligible to operate under the generator treatment in accumulation containers, tanks and containment buildings permit-by-rule.
§ 270a.83. Preapplication public meeting and notice. The amendment eliminates Class 2 permit modification as a ''significant change'' (suggested by the EPA during authorization updated review).
Subchapter I. Procedures for RCRA standardized permit § 270a.201.
This is a new subchapter that incorporates an analog to 40 CFR 124, Subpart G (Procedures for RCRA standardized permit). These permits are for generators who store waste for more than 90 days or conduct treatment in containers, tanks or containment buildings that do not qualify for generator treatment permit-by-rule. This permit is also available for accepting offsite waste from another generator that has the same owner. The standardized permit utilizes standard permit procedures, simplifying the permit process. A standardized permit is not available for thermal treatment.
Note: The new 40 CFR Part 270 Subchapter J--RCRA Standardized Permits for Storage and Treatment Units is incorporated by reference.
E. Summary of Comments and Responses on the Proposed Rulemaking
During the public comment period, the Board received approximately 23 comments from 11 industry organizations, the standing committee of the House and Senate, and the Independent Regulatory Review Commission (IRRC). A major concern raised during the public comment period was on the proposal to eliminate the option to use the Federally-incorporated financial test and corporate guarantee as an option to satisfy the closure and postclosure bond requirement. The final-form regulations eliminate the change to prohibit the use of the financial test and corporate guarantee, effectively retaining them as an option to satisfy the bond requirement. A series of comments were submitted by USEPA Region 3 that will expedite the authorization amendment for these regulations. Although the EPA's comments were received after the close of the public comment period, they were considered and incorporated in the final-form rulemaking.
F. Benefits, Costs and Compliance
Benefits
The regulatory changes will clarify some ambiguous provisions and eliminate redundant provisions and typographical errors. The changes include new requirements that address the Secretary's directive to review and revise all Department regulations to implement the goals contained in the Administration's priorities of increased environmental protection and improved human quality of life. The regulations will also provide a basis to solicit formal comment from the EPA for any changes required for approval of the regulations in an update application for state authorization of the hazardous waste program.
Compliance Cost
Most of the changes include clarifications and corrections that impose no new compliance costs. Some new requirements are intended to reduce compliance costs, such as the two new universal waste listings and the standardized permit. The implementation of the uniform manifest should provide cost saving to the regulated community.
Compliance Assistance Plan
As with previous hazardous waste management regulations, the Department's compliance assistance efforts will take three forms. Following promulgation as final-form rulemaking, the Department will prepare a fact sheet specifically addressing certain changes made by this regulatory amendment. The Department will also continue to work with the regulated community to explain impacts from the amendments and any necessary operational changes to remain in compliance. Information concerning these amendments and any necessary technical guidance documents will also be available on the Department's web site.
Paperwork Requirements
These regulations will result in a net reduction of paperwork requirements by implementing the uniform manifest and reducing other manifest, the universal waste reporting requirements and the standardized permit. Other changes do not affect paperwork requirements.
G. Pollution Prevention
For this regulatory change, the Department will require no additional pollution prevention efforts. The Department already provides pollution prevention educational material as part of its hazardous waste program. There is an existing requirement for hazardous waste generators to develop a source reduction strategy. The new universal wastes will help assure proper recycling or disposal that will facilitate pollution prevention by encouraging appropriate disposal of these wastes, preventing the hazardous constituents from polluting the air, land and water. The Department is actively involved with the EPA in the National Partnership for Environmental Priorities (NPEP) program. The NPEP program targets priority pollutants to reduce or eliminate them in products (which are frequently disposed at end of life) and wastes as the result of manufacturing products.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 22, 2007, the Department submitted a copy of the notice of proposed rulemaking, published at 37 Pa.B. 3249, to the IRRC and the Chairpersons of the House and Senate Environmental Resources and Energy Committees (Committees) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing these final-form regulations, the Department has considered all comments from IRRC, the Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on November 19, 2008, these final-form regulations were deemed approved by the Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 20, 2008, and approved the final-form regulations.
J. Findings of the Board
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968, (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These regulations do not enlarge the purpose of the proposal published at 37 Pa.B. 6421 (July 14, 2007).
(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this order.
K. Order of the Board
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code, Chapters 260a, 261a, 262a, 263a, 264a, 265a, 266a, 266b, 269a and 270a are amended by amending §§ 261a.8, 262a.10, 262a.12, 262a.21, 262a.100, 263a.12, 263a.13, 263a.20, 264a.1, 264a.71, 264a.83, 264a.143, 264a.145, 264a.153, 264a.154, 264a.156, 264a.157, 264a.168, 265a.71, 265a.83, 265a.143, 265a.145, 265a.153, 265a.154, 265a.156, 265a.163, 265a.168, 266a.70, 266b.1, 266b.3, 266b.11, 266b.12, 266b.31, 266b.32, 269a.50, 270a.2, 270a.6, 270a.41, 270a.42, 270a.51, 270a.60, 270a.83; by adding §§ 261a.39, 262a Appendix A, 266b.4, 266b.5, 266b.29, 266b.39, 267a.1, 267a.71, 261a.75, 267a.143 and 270a.201--270a.214; and by deleting §§ 260a.30, 262a.20, 262a.22, 262a.23, 262a.41, 263a.21, 263a.25, 263a.26, 264a.80, 264a.81, 264a.101, 264a.195, 265a.80, 265a.81, 265a.157, 265a.195 and 266b.2 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(Editor's Note: The proposal to amend §§ 264a.115 and 265a.115 (relating to certification of closure) included in the proposal at 37 Pa.B. 3249 have been withdrawn by the Board.)
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson shall submit this order and Annex A to IRRC and Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately.
JOHN HANGER,
Acting Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 6668 (December 6, 2008).)
Fiscal Note: Fiscal Note 7-409 remains valid for the final adoption of the subject regulations.
Annex A TITLE 25. ENVIRONMENTAL PROTECTION PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart D. ENVIRONMENTAL HEALTH AND SAFETY ARTICLE VII. HAZARDOUS WASTE MANAGEMENT CHAPTER 260a. HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL Subchapter C. RULEMAKING PETITIONS § 260a.30. (Reserved).
CHAPTER 261a. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE Subchapter A. GENERAL § 261a.8. 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).
§ 261a.39. Conditional exclusion for used, broken cathode ray tubes (CRTS) and processed CRT glass undergoing recycling.
Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 261.39(a)(5) (relating to conditional exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling).
CHAPTER 262a. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE Subchapter A. GENERAL § 262a.10. Incorporation by reference, purpose, scope and applicability.
Except as expressly provided in this chapter, 40 CFR Part 262 and its appendices (relating to standards applicable to generators of hazardous waste) are incorporated by reference. In 40 CFR 262.10(g) (relating to purpose, scope and applicability), the term ''section 3008 of the act'' is replaced with ''Article VI of the Solid Waste Management Act (35 P. S. §§ 6018.601--6018.617).'' 40 CFR 262.10(j) and (k) (relating to purpose, scope, and applicability) and Part 262 Subpart J (relating to University Laboratories XL Project--Laboratory Environmental Management Standard) are not incorporated by reference.
§ 262a.12. EPA identification numbers.
In addition to the requirements incorporated by reference:
(1) A generator shall submit a subsequent notification to the Department if:
(i) The generator activity moves to another location.
(ii) The generator facility's designated contact person changes.
(iii) The ownership of the generator facility changes.
(iv) The type of regulated activity that takes place at the generator facility changes.
(v) The generator's generator status changes, except when the generator status change is temporary.
(vi) The name of the facility changes.
(2) A generator shall offer a shipment of hazardous waste only to a transporter with a valid license issued by the Department.
Subchapter B. MANIFEST § 262a.20. (Reserved).
§ 262a.21. Manifest tracking numbers, manifest printing and obtaining manifests.
Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 262.21 (relating to manifest tracking numbers, manifest printing and obtaining manifests).
§§ 262a.22 and 262a.23. (Reserved).
§ 262a.41. (Reserved).
Subchapter I. SOURCE REDUCTION STRATEGY § 262a.100. Source reduction strategy.
(a) By January 17, 1994, a person or municipality that generates hazardous waste shall prepare a source reduction strategy in accordance with this section. Except as otherwise provided in this article, the strategy shall be signed by the person or municipality that generated the waste, be maintained on the premises where the waste is generated, be available on the premises for inspection by any representative of the Department and be submitted to the Department upon request. The strategy may designate certain production processes as confidential. This confidential information may not be made public without the expressed written consent of the generator. Unauthorized disclosure is subject to appropriate penalties as provided by law.
(b) For each type of waste generated, the strategy must include:
(1) A description of the source reduction activities conducted by the person or municipality in the 5 years prior to the date that the strategy is required to be prepared. The description must quantify reductions in the weight or toxicity of waste generated on the premises.
(2) A statement of whether the person or municipality established a source reduction program. This program must identify the methods and procedures that the person or municipality will implement to achieve a reduction in the weight or toxicity of waste generated on the premises, quantify the projected reduction in weight or toxicity of waste to be achieved by each method or procedure and specify when each method or procedure will be implemented.
(3) If the person or municipality has not established a source reduction program as described in paragraph (2), it shall develop a strategy including the following:
(i) A waste stream characterization, including source, hazards, chemical analyses, properties, generation rate, management techniques and management costs.
(ii) A description of potential source reduction options.
(iii) A description of how the options were evaluated.
(iv) An explanation of why each option was not selected.
(c) The strategy required by this section shall be updated when either of the following occurs:
(1) There is a significant change in a type of waste generated on the premises or in the manufacturing process, other than a change described in the strategy as a source reduction method.
(2) Every 5 years, unless the Department establishes, in writing, a different period for the person or municipality that generated the waste.
(d) If hazardous waste generated by a person or municipality will be treated, stored or disposed of at a solid waste management facility which has applied to the Department for approval to treat, store or dispose of the waste, the person or municipality that generated the hazardous waste shall submit the source reduction strategy required by this section to the facility upon the request of the facility.
(e) This section does not apply to persons or municipalities that generate a total of less than 1,000 kilograms of hazardous waste in each month of the year.
(f) A person or municipality that generates hazardous waste may reference existing documents it has prepared to meet other waste minimization requirements to comply with this section, including those proposed to comply with 40 CFR 262.41(a)(5)--(7) (relating to biennial report).
Appendix A Uniform Hazardous Waste Manifest and Instructions
(EPA Forms 8700-22 and 8700-22A and their instructions)Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Appendix to Part 262--Uniform Hazardous Waste Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and their instructions).
CHAPTER 263a. TRANSPORTERS OF HAZARDOUS WASTE Subchapter A. GENERAL § 263a.12. Transfer facility requirements.
In addition to the requirements incorporated by reference:
(1) A transporter storing hazardous waste at a transfer facility for periods of not more than 10 days but greater than 3 days shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan as required by § 263a.13(b)(4) (relating to licensing). This plan shall be submitted under section 403(b)(10) of the act (35 P. S. § 6018.403(b)(10)) and approved in writing by the Department prior to the initiation of the storage.
(2) A transporter transferring hazardous waste from one vehicle to another at a transfer facility shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan as required by § 263a.13(b)(4). This plan shall be submitted under section 403(b)(10) of the act and shall be approved in writing by the Department.
§ 263a.13. Licensing.
(a) Except as otherwise provided in subsection (b), § 261a.5(c), § 266a.70(1) or § 266b.50 (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators; applicability and requirements; and applicability), a person or municipality may not transport hazardous waste within this Commonwealth without first obtaining a license from the Department.
(b) A person or municipality desiring to obtain a license to transport hazardous waste within this Commonwealth shall:
(1) Comply with 40 CFR 263.11 (relating to EPA identification number).
(2) File a hazardous waste transporter license application with the Department. The application shall be on a form provided by the Department and completed as required by the instructions supplied with the form.
(3) Deposit with the Department a collateral bond conditional upon compliance by the licensee with the act, this article, the terms and conditions of the license and a Department order issued to the licensee. The amount, duration, form, conditions and terms of the bond must conform to § 263a.32 (relating to bonding).
(4) Submit a transporter contingency plan for effective action to minimize and abate discharges or spills of hazardous waste from an incident while transporting hazardous waste, in accordance with the Department's guidelines for contingency plans.
(5) Supply the Department with relevant additional information it may require.
(c) Upon receiving the application and the information required in subsection (b), the Department will evaluate the application for a license and other relevant information and issue or deny the license. If a license is denied, the Department will advise the applicant in writing of the reasons for denial.
(d) A license granted or renewed under this chapter is valid for 2 years unless the Department determines that circumstances justify issuing a license for less than 2 years. The expiration date will be set forth on the license.
(e) A license to transport hazardous wastes is nontransferable and nonassignable and usable only by the licensee and employees of the licensee.
(f) The Department may revoke or suspend a license in whole or in part for one or more of the following reasons:
(1) Violation of an applicable requirement of the act or a regulation promulgated under the act.
(2) Aiding or abetting the violation of the act or a regulation promulgated under the act.
(3) Misrepresentation of a fact either in the application for the license or renewal or in information required or requested by the Department.
(4) Failure to comply with the terms or conditions placed upon the license or renewal.
(5) Failure to comply with an order issued by the Department.
(6) Failure to maintain the required bond amount.
(g) The application for a license shall be accompanied by a check for $500 payable to the ''Commonwealth of Pennsylvania.'' The application for license renewal shall be accompanied by a check for $250 payable to the ''Commonwealth of Pennsylvania.''
(h) In addition to the fees required by subsection (g), the transporter shall submit a fee of $5 for each license card requested in excess of ten cards.
(i) The licensee shall notify the Department within 30 days of any change in the information contained in the license application.
(j) A copy of the transporter contingency plan approved at licensure or approved as amended shall be carried on the transport vehicle while transporting hazardous waste.
Subchapter B. COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING § 263a.20. Manifest system.
Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply in 40 CFR 263.20 (relating to manifest system), as incorporated by reference into this chapter.
§ 263a.21. (Reserved).
§ 263a.25. (Reserved).
§ 263a.26. (Reserved).
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[Continued from previous Web Page] CHAPTER 264a. OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES Subchapter A. GENERAL § 264a.1. Incorporation by reference, purpose, scope and reference.
(a) Except as expressly provided in this chapter, the requirements of 40 CFR Part 264 and its appendices (relating to standards for owners and operators of hazardous waste treatment, storage, and disposal facilities) are incorporated by reference.
(b) Relative to the requirements incorporated by reference:
(1) 40 CFR 264.1(f) (relating to purpose, scope and applicability), regarding state program authorization under 40 CFR Part 271 (relating to requirements for authorization of state hazardous waste programs) and Appendix VI to Part 264--(relating to political jurisdictions in which compliance with 40 CFR 264.18(a) must be demonstrated) are not incorporated by reference.
(2) Instead of 40 CFR 264.1(b), this chapter applies to an owner or operator of facilities which treat, store or dispose of hazardous waste in this Commonwealth, except as specifically provided in this chapter, Chapters 261a and 266a and § 270a.60 (relating to identification and listing of hazardous waste; standards for the management of specific hazardous wastes and specific types of hazardous waste management facilities; and permits-by-rule).
(3) Instead of 40 CFR 264.1(g)(2), this chapter does not apply to the owner or operator of a facility managing recyclable materials described in 40 CFR 261.6(a)(2)--(4) (relating to requirements for recyclable materials) except to the extent the requirements are referred to in Chapter 266a, Subchapters C, E, F, G or § 270a.60.
(4) 40 CFR 264.1(g)(6) (relating to elementary neutralization unit and wastewater treatment unit) is not incorporated by reference. The owner or operator of an elementary neutralization unit or wastewater treatment unit may satisfy permitting requirements by complying with § 270a.60(b)(1).
(5) This chapter does not apply to handlers and transporters of universal wastes identified in 40 CFR Part 273 (relating to standards for universal waste management) or additional Pennsylvania-designated universal wastes identified in Chapter 266b (relating to universal wastes).
Subchapter E. MANIFEST SYSTEM, RECORDKEEPING AND REPORTING § 264a.71. Use of the manifest system.
Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 264.71 (relating to use of manifest system).
§ 264a.80. (Reserved).
§ 264a.81. (Reserved).
§ 264a.83. Administration fees during closure.
A nonrefundable administration fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' shall be forwarded to the Department within 30 days after receiving the final volumes of waste, and on or before January 20th of each succeeding year until the requirements of § 264a.115 (relating to certification of closure) are met. The fee shall be:
(1) Land disposal facilities--$100.
(2) Impoundments--$100.
(3) All other facilities--$50.
Subchapter F. RELEASES FROM SOLID WASTE MANAGEMENT UNITS § 264a.101. (Reserved).
Subchapter G. CLOSURE AND POSTCLOSURE Subchapter H. FINANCIAL REQUIREMENTS § 264a.143. Financial assurance for closure.
40 CFR 264.143 (relating to financial assurance for closure) is not incorporated by reference except for 40 CFR 264.143(f) as referenced in § 264a.156 (relating to special terms and conditions for collateral bonds and bonds pledging financial test or corporate guarantee for closure).
§ 264a.145. Financial assurance for postclosure care.
40 CFR 264.145 (relating to financial assurance for post-closure care) is not incorporated by reference; except for 40 CFR 264.145(f) as referenced in § 264a.156 (relating to special terms and conditions for collateral bonds and bonds pledging financial test or corporate guarantee for closure).
§ 264a.153. Requirement to file a bond.
(a) Hazardous waste storage, treatment and disposal facilities permitted under the act, or being treated as having a permit under the act, shall file a bond in accordance with this subchapter and in the amount determined by § 264a.160 (relating to bond amount determination), payable to the Department.
(b) The Department will not issue a new, revised, amended, modified or renewed permit for the storage, treatment or disposal of hazardous waste unless the applicant files with the Department a bond under this subchapter, payable to the Department, on a form prepared and provided by the Department, and the bond is approved by the Department.
(c) An applicant for a new, revised, amended, modified or renewed permit may not disturb surface acreage, start construction of facilities for the storage, treatment or disposal of hazardous waste, or accept hazardous waste prior to receipt from the Department of approval of bond and issuance of a permit to conduct a hazardous waste storage, treatment or disposal operation.
(d) A hazardous waste storage, treatment or disposal facility permitted or treated as having a permit, shall cease accepting hazardous waste unless the owner or operator submits a bond under this subchapter. The Department will review and determine whether or not to approve the bond within 1 year of the submittal. If, on review, the Department determines the owner or operator submitted an insufficient bond amount, the Department will require the owner or operator to deposit additional bond amounts under § 264a.162 (relating to bond amount adjustments).
§ 264a.154. Form, terms and conditions of bond.
(a) The Department accepts the following types of bond:
(1) A surety bond.
(2) A collateral bond.
(3) A bond pledging a financial test or corporate guarantee.
(4) A phased deposit collateral bond as provided in § 264a.157 (relating to phased deposits of collateral).
(b) The Department will prescribe and furnish the forms which shall be used for bond instruments.
(c) Bonds are payable to the Department and conditioned upon the faithful performance of the requirements of the act, The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.4c, 1396.4e and 1396.15c--1396.25), the Air Pollution Control Act (35 P. S. §§ 4001--4015), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), the regulations adopted thereunder, the terms and conditions of any permit issued thereunder, orders of the Department and amendments, revisions and changes to the acts, the regulations and the terms and conditions of the hazardous waste storage, treatment and disposal facility permit as may be lawfully made in the future.
(d) The bond must cover the hazardous waste storage, treatment or disposal operations from the initiation of the operations until the bond is released as provided in this chapter. The bond must cover all operations and activities conducted within the permitted area and all effects caused by the hazardous waste activities within or without the permit area. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date that hazardous waste is first received for treatment, storage or disposal.
(e) Bonds will be reviewed for legality and form according to established Commonwealth procedures.
§ 264a.156. Special terms and conditions for collateral bonds and bonds pledging a financial test or corporate guarantee for closure.
* * * * * (e) Bonds pledging a financial test or corporate guarantee for closure shall be subject to the requirements of 40 CFR 264.143(f) (relating to financial test and corporate guarantee for closure) and 40 CFR 264.145(f) (relating to financial assurance for post-closure care). Instead of the provisions of 40 CFR 264.143(f)(10)(i) (relating to financial assurance for closure) and 40 CFR 264.145(f)(11)(i), the procedures of § 264a.168 (relating to bond forfeiture), apply to bond forfeiture.
§ 264a.157. Phased deposits of collateral.
(a) An owner or operator may post a collateral bond in phased deposits for a new hazardous waste storage, treatment or disposal facility that will be continuously operated or used for at least 10 years from the date of issuance of the permit or permit amendment, according to all of the following requirements:
(1) The owner or operator submits a collateral bond form to the Department.
(2) The owner or operator deposits $10,000 or 25%, whichever is greater, of the total amount of bond determined in this chapter in approved collateral with the Department.
(3) The owner or operator submits a schedule agreeing to deposit 10% of the remaining amount of bond, in approved collateral in each of the next 10 years.
(b) The owner or operator deposits the full amount of bond required for the hazardous waste storage, treatment or disposal facility within 30 days of receipt of a written demand by the Department to accelerate deposit of the bond. The Department will make the demand when one of the following occurs:
(1) The owner or operator fails to make a deposit of bond amount when required by the schedule for the deposits.
(2) The owner or operator violates the requirements of the act, this article, the terms and conditions of the permit or orders of the Department and has failed to correct the violations within the time required for the correction.
(c) Interest earned by collateral on deposit accumulates and becomes part of the bond amount until the owner or operator completes deposit of the requisite bond amount in accordance with the schedule of deposit. Interest so accumulated may not offset or diminish the amount required to be deposited in each of the succeeding years set forth in the schedule of deposit, except that in the last year in which a deposit is due, the amount to be deposited is adjusted by applying the total accumulated interest to the amount to be deposited as established by the schedule of deposit.
§ 264a.168. Bond forfeiture.
(a) The Department will forfeit the bond for a hazardous waste storage, treatment or disposal facility if the Department determines that any of the following occur:
(1) The owner or operator fails and continues to fail to conduct the hazardous waste storage, treatment or disposal activities in accordance with this article, the act, the statutes in section 505(a) of the act (35 P. S. § 6018.505(a)), the terms and conditions of the permit or orders of the Department.
(2) The owner or operator abandons the facility without providing closure or postclosure care, or otherwise fails to properly close the facility in accordance with the requirements of this article, the act, section 505(a) of the act, the terms and conditions of the permit or orders of the Department.
(3) The owner or operator fails, and continues to fail to take those measures determined necessary by the Department to prevent effects upon the environment before, during and after closure and postclosure care.
(4) The owner or operator or financial institution becomes insolvent, fails in business, is adjudicated bankrupt, a delinquency proceeding is initiated under Article V of The Insurance Department Act of 1921 (40 P. S. §§ 221.1--221.63), files a petition in bankruptcy, in liquidation, for dissolution or for a receiver, or has a receiver appointed by the court, or has action initiated to suspend, revoke or refuse to renew the license or certificate of authority of the financial institution, or a creditor of the owner or operator attaches or executes a judgment against the owner's or operator's equipment, materials or facilities at the permit area or on the collateral pledged to the Department; and the owner or operator or financial institution cannot demonstrate or prove the ability to continue to operate in compliance with this article, the act, the statutes in section 505(a) of the act, the terms and conditions of the permit and orders of the Department.
(b) If the Department determines that bond forfeiture is appropriate, the Department will do the following:
(1) Send written notification by mail to the owner or operator, the host municipality and the surety on the bond, if any, of the Department's determination to forfeit the bond and the reasons for the forfeiture.
(2) Advise the owner or operator and surety, if any, of their right to appeal to the EHB under section 1921-A of The Administrative Code of 1929 (71 P. S. § 510-21).
(3) Proceed to collect on the bond as provided by applicable statutes for the collection of defaulted bonds or other debts.
(4) Deposit all money collected from defaulted bonds into the Solid Waste Abatement Fund. Use moneys received from the forfeiture of bonds, and interest accrued, first to accomplish final closure of, and to take steps necessary and proper to remedy and prevent adverse environmental effects from, the facility upon which liability was charged on the bonds. Excess moneys may be used for other purposes consistent with the Solid Waste Abatement Fund and the act.
(5) Forfeit all bond deposited for the facility, including all additional amounts of bond posted for the facility.
Subchapter J. TANK SYSTEMS § 264a.195. (Reserved).
CHAPTER 265a. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES Subchapter E. MANIFEST SYSTEM, RECORDKEEPING AND REPORTING § 265a.71. Use of the manifest system.
Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 265.71 (relating to use of manifest system).
§ 265a.80. (Reserved).
§ 265a.81. (Reserved).
§ 265a.83. Administration fees during closure.
A nonrefundable administration fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' shall be forwarded to the Department within 30 days after receiving the final volumes of waste, and on or before January 20th of each succeeding year until the requirements of § 264a.115 (relating to certification of closure) are met. The fee shall be:
(1) Land disposal facilities--$100.
(2) Impoundments--$100.
(3) Other facilities--$50.
Subchapter H. FINANCIAL REQUIREMENTS § 265a.143. Financial assurance for closure.
40 CFR 265.143 (relating to financial assurance for closure) is not incorporated by reference except for 40 CFR 265.143(e) as referenced in § 265a.156 (relating to special terms and conditions for collateral bonds and bonds pledging a financial test or corporate guarantee for closure).
§ 265a.145. Financial assurance for postclosure care.
40 CFR 265.145 (relating to financial assurance for postclosure care) is not incorporated by reference except for 40 CFR 265.145(e) as referenced in § 265a.156 (relating to special terms and conditions for collateral bonds and bonds pledging a financial test or corporate guarantee for closure).
§ 265a.153. Requirement to file a bond.
(a) Hazardous waste storage, treatment and disposal facilities permitted under the act, or being treated as having a permit under the act, shall file a bond in accordance with this subchapter and in the amount determined by § 265a.160 (relating to bond amount determination), payable to the Department.
(b) The Department will not issue a new, revised, amended, modified or renewed permit for the storage, treatment or disposal of hazardous waste unless the applicant files with the Department a bond under this subchapter, payable to the Department, on a form prepared and provided by the Department, and the bond is approved by the Department.
(c) An applicant for a new, revised, amended, modified or renewed permit may not disturb surface acreage, start construction of facilities for the storage, treatment or disposal of hazardous waste, or accept hazardous waste prior to receipt from the Department of approval of bond and issuance of a permit to conduct a hazardous waste storage, treatment or disposal operation.
(d) A hazardous waste storage, treatment or disposal facility permitted or treated as issued a permit, shall cease accepting hazardous waste unless the owner or operator has submitted a bond under this subchapter. The Department will review and determine whether or not to approve the bond within 1 year of the submittal. If, on review, the Department determines the owner or operator has submitted an insufficient bond amount, the Department will require the owner or operator to deposit additional bond amounts under § 265a.162 (relating to bond amount adjustments).
§ 265a.154. Form, terms and conditions of bond.
(a) The Department accepts the following types of bond:
(1) A surety bond.
(2) A collateral bond.
(3) A bond pledging a financial test or corporate guarantee.
(b) The Department prescribes and furnishes the forms, which shall be used for bond instruments.
(c) Bonds are payable to the Department and conditioned upon the faithful performance of the requirements of the act, The Clean Streams Law (35 P. S. §§ 691.1--691.1001), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a), the Air Pollution Control Act (35 P. S. §§ 4001--4015), the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), the regulations adopted thereunder, the terms and conditions of any permit issued thereunder, orders of the Department and amendments, revisions and changes to the acts, the regulations and the terms and conditions of the hazardous waste storage, treatment and disposal facility permit as may be lawfully made in the future.
(d) The bond must cover the hazardous waste storage, treatment or disposal operations from the initiation of the operations until the bond is released as provided in this chapter. The bond must cover all operations and activities conducted within the permitted area and all effects caused by the hazardous waste activities within or without the permit area. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date that hazardous waste is first received for treatment, storage or disposal.
(e) Bonds will be reviewed for legality and form according to established Commonwealth procedures.
§ 265a.156. Special terms and conditions for collateral bonds and bonds pledging a financial test or corporate guarantee for closure.
* * * * * (e) Bonds pledging a financial test or corporate guarantee for closure shall be subject to the requirements of 40 CFR 265.143(e) (relating to financial test and corporate guarantee for closure) and 40 CFR 265.145(e) (relating to financial assurance for post-closure care) except for the provision of 40 CFR 265.143(e)(10)(i) (relating to financial assurance for closure) as specified in § 264a.143(a) (relating to financial assurance for closure). This is replaced by the procedures of § 265a.168 (relating to bond forfeiture).
§ 265a.157. (Reserved).
§ 265a.163. Failure to maintain adequate bond.
If an owner or operator fails to post additional bond within 60 days after receipt of a written request by the Department for additional bond amounts under § 265a.162 (relating to bond amount adjustments), the Department will issue a notice of violation to the owner or operator, and if the owner or operator fails to deposit the required bond amount within 15 days of the notice, the Department will issue a cessation order for all of the hazardous waste storage, treatment and disposal facilities operated by the owner or operator and take additional actions that may be appropriate, including suspending or revoking permits.
§ 265a.168. Bond forfeiture.
(a) The Department will forfeit the bond for a hazardous waste storage, treatment or disposal facility when it determines that any of the following occur:
(1) The owner or operator fails and continues to fail to conduct the hazardous waste storage, treatment or disposal activities in accordance with this article, the act, the statutes in section 505(a) of the act (35 P. S. § 6018.505(a)), the terms and conditions of the permit or orders of the Department.
(2) The owner or operator abandons the facility without providing closure or postclosure care, or otherwise fails to properly close the facility in accordance with this article, the act, the statutes in section 505(a) of the act, the terms and conditions of the permit or orders of the Department.
(3) The owner or operator fails, and continues to fail to take those measures determined necessary by the Department to prevent effects upon the environment before, during and after closure and postclosure care.
(4) The owner or operator or financial institution becomes insolvent, fails in business, is adjudicated bankrupt, a delinquency proceeding is initiated under Article V of The Insurance Department Act of 1921 (40 P. S. §§ 221.1--221.63), files a petition in bankruptcy, in liquidation, for dissolution or for a receiver, or has a receiver appointed by the court, or had action initiated to suspend, revoke or refuse to renew the license or certificate of authority of the financial institution, or a creditor of the owner or operator attaches or executes a judgment against the owner's or operator's equipment, materials or facilities at the permit area or on the collateral pledged to the Department; and the owner or operator or financial institution cannot demonstrate or prove the ability to continue to operate in compliance with this article, the act, the statutes in section 505(a) of the act, the terms and conditions of the permit and orders of the Department.
(b) If the Department determines that bond forfeiture is appropriate, the Department will do the following:
(1) Send written notification by mail to the owner or operator, the host municipality and the surety on the bond, if any, of the Department's determination to forfeit the bond and the reasons for the forfeiture.
(2) Advise the owner or operator and surety, if any, of their right to appeal to the EHB under section 1921-A of The Administrative Code of 1929 (71 P. S. § 510-21).
(3) Proceed to collect on the bond as provided by applicable statutes for the collection of defaulted bonds or other debts.
(4) Deposit all money collected from defaulted bonds into the Solid Waste Abatement Fund. Use moneys received from the forfeiture of bonds, and interest accrued, first to accomplish final closure of, and to take steps necessary and proper to remedy and prevent adverse environmental effects from the facility upon which liability was charged on the bonds. Excess moneys may be used for other purposes consistent with the Solid Waste Abatement Fund and the act.
(5) Forfeit all bond deposited for the facility, including all additional amounts of bond posted for the facility.
Subchapter J. TANK SYSTEMS § 265a.195. (Reserved).
CHAPTER 266a. MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Subchapter F. RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL RECOVERY § 266a.70. Applicability and requirements.
In addition to the requirements incorporated by reference:
(1) A transporter transporting recyclable materials utilized for precious metal recovery in accordance with 40 CFR Part 266, Subpart F (relating to recyclable materials utilized for precious metal recovery) is deemed to have a license for the transportation of those materials if the transporter complies with:
(i) The EPA identification number requirements of 40 CFR 263.11 (relating to EPA identification number).
(ii) The hazardous waste transporter fee requirements of § 263a.23 (relating to hazardous waste transportation fee).
(2) An owner or operator of facilities that treat recyclable materials to make the materials suitable for reclamation of economically significant amounts of the precious metals identified in 40 CFR Part 266, Subpart F is subject to § 261a.6(c) (relating to requirements for recyclable materials) unless the owner or operator is eligible for a permit by rule for the treatment under § 270a.60(b)(5) (relating to permits by rule).
CHAPTER 266b. UNIVERSAL WASTE MANAGEMENT Subchapter A. GENERAL § 266b.1. Incorporation by reference and scope.
(a) Except as expressly provided in this chapter, 40 CFR Part 273 (relating to standards for universal waste management) is incorporated by reference.
(b) In addition to the requirements incorporated by reference in 40 CFR 273.1 (relating to scope), oil-based finishes as defined in § 266b.3 (relating to definitions) are included as waste listed in the definition of ''universal waste.''
(c) In addition to the requirements incorporated by reference in 40 CFR 273.1, photographic solutions as defined in § 266b.3 are included as waste listed in the definition of ''universal waste.''
§ 266b.2. (Reserved).
§ 266b.3. Definitions.
In addition to the definitions incorporated by reference in 40 CFR 273.9 (relating to definitions), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Oil-based finishes--
(i) Any paint or other finish that may exhibit, or is known to exhibit, a hazardous waste characteristic as specified in 40 CFR Part 261 Subpart C (relating to characteristics of hazardous waste), or which contains a listed hazardous waste as specified in 40 CFR Part 261 Subpart D (relating to lists of hazardous wastes), and is in original packaging, or otherwise appropriately contained and clearly labeled.
(ii) Examples of oil-based finishes include, but are not limited to, oil-based paints, lacquers, stains and aerosol paint cans.
Photographic solutions--Silver-bearing waste streams resulting from photographic processing solutions or rinse water.
§ 266b.4. Applicability--oil-based finishes.
(a) In addition to the requirements incorporated by reference in 40 CFR Part 273 (relating to standards for universal waste management), this chapter applies to persons managing oil-based finishes as defined in § 266b.3 (relating to definitions), except those listed in subsection (b).
(b) This section does not apply to persons managing the following oil-based finishes:
(1) Oil-based finishes that are not yet wastes under Chapter 261a (relating to identification and listing of hazardous waste). Subsections (c) and (d) describe when oil-based finishes become wastes.
(2) Oil-based finishes that are not hazardous waste. An oil-based finish is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste).
(c) Used oil-based finishes become a waste on the date they are discarded or sent for reclamation.
(d) Unused oil-based finishes become a waste on the date the handler discards them.
§ 266b.5. Applicability--photographic solutions.
(a) In addition to the requirements incorporated by reference in 40 CFR Part 273 (relating to standards for universal waste management), this chapter applies to persons managing photographic solutions as defined in § 266b.3 (relating to definitions), except those listed in subsection (b).
(b) This section does not apply to persons managing the following photographic solutions:
(1) Photographic solutions that are not yet wastes under Chapter 261a (relating to identification and listing of hazardous waste). Subsections (c) and (d) describe when photographic solutions become wastes.
(2) Photographic solutions that are not hazardous waste. A photographic solution is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste).
(c) Used photographic solutions become a waste on the date they are discarded or sent for reclamation.
(d) Unused photographic solutions become a waste on the date the handler discards them.
Subchapter B. SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE § 266b.11. Waste management for universal waste oil-based finishes.
A small quantity handler of universal waste oil-based finishes shall manage oil-based finishes, in their original or otherwise appropriate and labeled packaging, in a way that prevents releases of universal waste or a component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste oil-based finishes shall contain oil-based finishes that show evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the oil-based finish and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste may not process oil-based finishes (including opening, blending, filtering, and the like).
§ 266b.12. Waste management for universal waste photographic solutions.
A small quantity handler of universal waste photographic solutions shall manage waste photographic solutions, in their original or otherwise appropriate and labeled packaging, in a way that prevents releases of universal waste or a component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste photographic solutions shall manage the photographic solutions in a lidded container. The container must be closed, structurally sound, compatible with the photographic solutions, and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste may not process photographic solutions (for example, including, but not limited to, opening, blending, filtering, and the like).
§ 266b.29. Labeling/marking.
In addition to the requirements incorporated by reference in 40 CFR 273.14 (relating to labeling/marking), a small quantity handler of universal waste shall label:
(1) Each container of universal waste oil-based finish, or the container in which universal waste oil-based finishes are contained, with ''universal waste oil-based finish'' or ''waste oil-based finish.''
(2) Each container of universal waste photographic solutions, or the container in which universal waste photographic solutions are contained, with ''universal waste photographic solutions'' or ''waste photographic solutions.''
Subchapter C. LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE § 266b.31. Waste management for universal waste oil-based finishes.
A large quantity handler of universal waste oil-based finishes shall manage oil-based finishes, in their original or otherwise appropriate and labeled packaging, in a way that prevents releases of universal waste or a component of a universal waste to the environment, as follows:
(1) A large quantity handler of universal waste oil-based finishes shall contain oil-based finishes that show evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the oil-based finish, and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste may not process oil-based finishes (for example including, but not limited to, opening, blending, filtering, and the like).
§ 266b.32. Waste management for universal waste photographic solutions.
A large quantity handler of universal waste photographic solutions shall manage waste photographic solutions, in their original or otherwise appropriate and labeled packaging, in a way that prevents releases of universal waste or a component of a universal waste to the environment, as follows:
(1) A large quantity handler of universal waste photographic solutions shall manage the photographic solutions in a lidded container. The container must be closed, structurally sound, compatible with the photographic solutions, and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste may not process photographic solutions (for example including, but not limited to, opening, blending, filtering, and the like).
§ 266b.39. Labeling/marking.
In addition to the requirements incorporated by reference in 40 CFR 273.34 (relating to labeling/marking), a large quantity handler of universal waste shall label:
(1) Each container of universal waste oil-based finish, or the container in which universal waste oil-based finishes are contained, with ''universal waste oil-based finish'' or ''waste oil-based finish.''
(2) Each container of universal waste photographic solutions, or the container in which universal waste photographic solutions are contained, with ''universal waste photographic solutions'' or ''waste photographic solutions.''
CHAPTER 267a. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT Subchap.
A. General E. Manifest System, Recordkeeping, Reporting, and Notifying H. Financial Requirements Subchapter A. GENERAL Sec.
267a.1. Incorporation by reference, purpose, scope and applicability. § 267a.1. Incorporation by reference, purpose, scope and applicability.
40 CFR Part 267 (relating to standards for owners and operators of hazardous waste facilities operating under a standardized permit) is incorporated by reference.
Subchapter E. MANIFEST SYSTEM, RECORDKEEPING, REPORTING, AND NOTIFYING Sec.
267a.71. Use of the manifest system. 267a.75. Reporting requirements. § 267a.71. Use of the manifest system.
Relative to the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 267.71(d) (relating to use of the manifest system).
§ 267a.75. Reporting requirements.
Relative to the requirements incorporated by reference, the owner or operator shall submit to the Department its biennial report on EPA Form 8700-13B.
Subchapter H. FINANCIAL REQUIREMENTS Sec.
267a.143. Financial assurance for closure. § 267a.143. Financial assurance for closure.
Regarding the requirements incorporated by reference, instead of 40 CFR 267 Subpart H (relating to financial requirements), owners or operators of hazardous waste facilities operating under a standardized permit shall comply with Chapter 264a, Subchapter H (relating to financial requirements).
CHAPTER 269a. SITING Subchapter A. SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES PHASE II CRITERIA § 269a.50. Environmental assessment considerations.
* * * * * (b) If the Department determines that there is a significant impact on natural, scenic, historic or aesthetic values of the environment, the Department will consult with the applicant to examine ways to reduce the environmental incursion to a minimum. If, after consideration of mitigation measures, the Department finds that significant environmental harm will occur, the Department will evaluate the social and economic benefits of the proposed facility to determine whether the harm outweighs the benefits. The evaluation of environmental harm must include, at a minimum, a consideration of the impact of the proposed facility on the 15 types of environmental resources described in this subsection. There may be additional potentially affected natural, scenic, historic or aesthetic values which the Department is constitutionally obligated to protect that will be considered for proposed facilities in some locations. In those instances, the Department will identify additional potential impacts for the applicant. The following criteria may not be construed as an attempt to limit or restrict the responsibilities of a Commonwealth agency under PA. CONST. ART. I, § 27.
* * * * * (5) If the facility is located within 1 mile of a National Natural Landmark designated by the United States National Park Service, or a natural area or wild area designated by a State or Federal agency, the applicant shall provide information and analyses to allow the Department to assess the extent to which the proposed facility may create adverse environmental, visual or traffic impacts on the National Landmark, natural area or wild area.
* * * * * CHAPTER 270a. HAZARDOUS WASTE PERMIT PROGRAM Subchapter A. GENERAL INFORMATION § 270a.2. Definitions.
(a) The definitions for ''disposal,'' ''person,'' ''standardized permit'' and ''storage'' are not incorporated by reference.
(b) The substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply for the terms ''Administrator,'' ''Director,'' ''Environmental Protection Agency'' and ''Regional Administrator'' found in 40 CFR 270.2 (relating to definitions).
(c) The term ''standardized permit'' means a permit issued under Subchapter I (relating to procedures for standardized permit) and 40 CFR Part 270, Subpart J (relating to RCRA standardized permits for storage and treatment units) authorizing the facility owner or operator to manage hazardous waste. The standardized permit may have two parts: A uniform portion issued in all cases and a supplemental portion issued at the Department's discretion.
§ 270a.6. References.
Regarding the requirements incorporated by reference, the term ''Federal Register'' retains its meaning and is not replaced by the term ''Pennsylvania Bulletin'' when used in 40 CFR 270.6 (relating to references).
Subchapter D. CHANGES TO PERMITS § 270a.41. Procedures for modification, termination or revocation and reissuance of permits.
Instead of the procedures required in 40 CFR Part 124 (relating to procedures for decision making), permits are modified, terminated or revoked and reissued in accordance with the following:
(1) The Department may modify, revoke and reissue, or terminate a permit either at the request of an interested person, including the permittee, or upon the Department's initiative for reasons specified in 40 CFR 270.41--270.43 (relating to modification or revocation and reissuance of permits; permit modification at the request of the permittee; and modification or revocation and reissuance of permits, and termination of permits) or for a reason authorized under the act, this article or the terms and conditions of the permit. A request must be in writing and contain facts or reasons supporting the request.
(2) If the Department decides the request is not justified, the Department sends a brief written response giving a reason for the decision to the requester. The Department's refusal to modify, or revoke and reissue a permit under a request is not subject to public notice, comment or hearings.
(3) If the Department tentatively decides to modify, terminate or revoke and reissue a permit, in accordance with the incorporated provisions of 40 CFR 270.41, 270.42(c) or 270.43, the Department will prepare a draft permit under § 270a.10(c)(7)--(10) (relating to general application requirements) incorporating the proposed changes. The Department may request in writing additional information from the permittee and may require the permittee to submit an updated permit application. In the case of revoked and reissued permits, other than under 40 CFR 270.41(b)(3), the Department requires the submission of a new application. In the case of revoked and reissued permits under 40 CFR 270.41(b)(3), the permittee shall comply with the appropriate requirements in Subchapter I (relating to procedures for standardized permit). The permittee shall submit additional information or an updated or new application under a written request by the Department within the time specified by the Department.
(4) In a permit modification under this section, only those conditions to be modified are reopened when a new draft permit is prepared. Other aspects of the existing permit remain in effect for the duration of the permit. When the permit is revoked and reissued, the entire permit is reopened just as if the permit expired and is reissued. During a revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is issued.
(5) If the Department tentatively decides to terminate a permit in accordance with the incorporated provisions of 40 CFR 270.43, it issues a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as a draft permit prepared under § 270a.10(c)(7)--(10).
(6) Class 1 modifications, as listed in the Appendix I to 40 CFR 270.42, are not subject to the requirements of this section.
§ 270a.42. Permit modification at the request of the permittee.
(a) Instead of complying with 40 CFR Part 124.10(c)(ix) (relating to public notice of permit actions and public comment period), the permittee shall send a notice to those persons in § 270a.80(d)(iv) (relating to public notice and comment requirements).
(b) Instead of the appeal procedure in 40 CFR 124.19 (relating to appeal of RCRA, UIC, NPDES, PSD permits), the Department's decision to grant or deny permit modifications may be appealed to the EHB under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514).
(c) Applicants seeking a Class 3 permit modification shall also comply with § 270a.83 (relating to preapplication public meeting and notice). Instead of the public notice and public meeting time frames contained in the introductory paragraph of 40 CFR 270.42(c)(2) and (4) (relating to permit modification at the request of the permittee), applicants seeking a Class 3 permit modification shall comply with the time frames under § 270a.83(b) and (d).
Subchapter E. EXPIRATION AND CONTINUATION OF PERMITS § 270a.51. Continuation of existing permits.
(a) 40 CFR 270.51 (relating to continuance of expiring permits) is not incorporated by reference.
(b) The conditions of an expired permit continue in force until the effective date of a new permit if the following conditions are met:
(1) The permittee has submitted a timely application which is a complete application for a new permit.
(2) The Department, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).
(c) Permits continued under this section remain fully effective and enforceable.
(d) When the permittee is not in compliance with the conditions of the expiring or expired permit, the Department may choose to do one or more of the following:
(1) Initiate enforcement action based upon the permit which has been continued.
(2) Issue a notice of intent to deny the new permit. If the permit is denied, the owner or operator would be required to cease activities authorized by the continued permit or be subject to enforcement action for operating without a permit.
(3) Issue a new permit with appropriate conditions.
(4) Take other actions authorized by these regulations.
(e) The conditions of an expired standardized permit continue in force until the effective date of a new permit if the following conditions are met:
(1) The permittee has submitted a timely and complete Notice of Intent under 40 CFR 124.202(b) (relating to how do I as a facility owner or operator apply for a standardized permit?) requesting coverage under a RCRA standardized permit.
(2) The Department, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).
(f) When the Department notifies a permittee that the permittee is not eligible for a standardized permit (see 40 CFR 124.206 (relating to in what situations may I require a facility owner or operator to apply for an individual permit?)), the conditions of the expired permit will continue if the permittee submits a timely and complete application for a new permit within 60 days after the notification.
Subchapter F. SPECIAL FORMS OF PERMITS § 270a.60. Permits-by-rule.
(a) Relative to the requirements incorporated by reference, the following are substituted for the introductory paragraph in 40 CFR 270.60 (relating to permits by rule):
(1) In addition to other provisions of this chapter, the activities listed in this section are deemed to have a hazardous waste management permit if the owner or operator gives prior notification to the Department on a form provided by the Department and the conditions listed are met.
(b) In addition to the requirements incorporated by reference, the following requirements apply:
* * * * * (2) A generator that treats its own hazardous waste in containers, tanks or containment buildings is deemed to have a permit-by-rule, if the owner or operator complies with the following requirements:
* * * * * (vi) Treatment activities subject to requirements in addition to those specified in this section are not eligible to operate under this permit-by-rule.
* * * * * Subchapter H. PUBLIC NOTICE AND HEARINGS § 270a.83. Preapplication public meeting and notice.
(a) Applicability.
(1) This section applies to RCRA Part B applications seeking initial permits for hazardous waste management units over which the Department has permit issuance authority.
(2) This section also applies to RCRA Part B applications seeking renewal of permits for the units, if the renewal application is proposing a significant change in facility operations.
(3) For the purposes of this section, a ''significant change'' is a change that would qualify as a Class 3 permit modification under 40 CFR 270.42 (relating to permit modification at the request of the permittee) and § 270a.42 (relating to permit modification at the request of the permittee).
(4) This section also applies to hazardous waste management facilities for which facility owners or operators are seeking coverage under a RCRA standardized permit (see 40 CFR Part 270, Subpart J (relating to RCRA standardized permits for storage and treatment units)), including renewal of a standardized permit for the units, when the renewal is proposing a significant change in facility operations, as defined in 40 CFR 124.211(c) (relating to what types of changes may I make to my standardized permit?).
(5) This section does not apply to Class 1 or Class 2 permit modifications under 40 CFR 270.42 and § 270a.42 or to applications that are submitted for the sole purpose of conducting postclosure activities or postclosure activities and corrective action at a facility.
(b) Prior to the submission of a Part B RCRA permit application for a facility, or to the submission of a written Notice of Intent to be covered by a RCRA standardized permit (see 40 CFR Part 270, Subpart J), the applicant shall hold at least one meeting with the public to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
(c) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under subsection (b), and copies of any written comments or materials submitted at the meeting, to the Department as a part of the Part B application, under 40 CFR 270.14(b) (relating to contents of Part B: general requirements), or with the written Notice of Intent to be covered by a RCRA standardized permit (see 40 CFR Part 270, Subpart J).
(d) The applicant shall provide public notice of the preapplication meeting at least 30 days prior to the meeting. The applicant shall maintain, and provide to the Department upon request, documentation of the notice.
(1) The applicant shall provide public notice in the following forms:
(i) Newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in paragraph (2), in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Department will instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, if the Department determines that the publication is necessary to inform the affected public. The notice shall be published as a display advertisement.
(ii) Visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph (2). If the applicant places the sign on the facility property, the sign shall be large enough to be readable from the nearest point where the public would pass by the site.
(iii) Broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in paragraph (2), at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Department.
(iv) Notice to the Department. The applicant shall send a copy of the newspaper notice to the Department and to the appropriate units of State and local government.
(2) The notices required under paragraph (1) must include the following:
(i) The date, time and location of the meeting.
(ii) A brief description of the purpose of the meeting.
(iii) A brief description of the facility and proposed operations, including the address or a map--for example, a sketched or copied street map--of the facility location.
(iv) A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting.
(v) The name, address and telephone number of a contact person for the applicant.
Subchapter I. PROCEDURES FOR STANDARDIZED PERMIT Sec.
270a.201. Incorporation by reference, scope and applicability. 270a.202. Applying for a standardized permit. 270a.203. Switching from an individual RCRA permit to a standardized permit. 270a.204. Procedures for preparing a draft standardized permit. 270a.205. Procedures for preparing a final standardized permit. 270a.206. Requirement to apply for an individual permit. 270a.207. Requirements for standardized permit public notices. 270a.208. Opportunities for public comments and hearings on draft standardized permit decisions. 270a.209. Response to comments. 270a.210. Procedures to appeal a final standardized permit. 270a.212. Making routine changes. 270a.214. Making significant changes. § 270a.201. Incorporation by reference, scope and applicability.
(a) Except as expressly provided in this subchapter, 40 CFR Part 124, Subpart G (relating to procedures for RCRA standardized permit) is incorporated by reference.
(b) The reference to § 124.2 in the introductory paragraph to 40 CFR 124.200 (relating to what is a RCRA standardized permit?) is replaced with § 270a.2(c) (relating to definitions).
(c) The requirements of §§ 270a.3, 264a.82, 264a.83, 265a.82 and 265a.83 do not apply to standardized permits.
§ 270a.202. Applying for a standardized permit.
Relative to the requirements incorporated by reference, the reference to 40 CFR 124.31 (relating to pre-application public meeting and notice) is replaced with § 270a.83 (relating to preapplication public meeting and notice).
§ 270a.203. Switching from an individual RCRA permit to a standardized permit.
Relative to the requirements incorporated by reference, the reference to 40 CFR 124.5 (relating to modification, revocation and reissuance, or termination of permits) is replaced with § 270a.41 (relating to procedures for modification, termination or revocation and reissuance of permits), and the reference to 40 CFR 124.204 (relating to what must I do as the Director of the regulatory agency to prepare a draft standardized permit?) is replaced with § 270a.204 (relating to procedures for preparing a draft standardized permit).
§ 270a.204. Procedures for preparing a draft standardized permit.
40 CFR 124.204 (relating to what must I do as the director of the regulatory agency to prepare a draft standardized permit?) is not incorporated by reference. Draft standardized permits are prepared in accordance with the following:
(1) The Department will review the Notice of Intent and supporting information submitted by the facility owner or operator.
(2) The Department will determine whether the facility is or is not eligible to operate under the standardized permit.
(i) If the facility is eligible for the standardized permit, the Department will propose terms to include in a supplemental portion. If the Department determines that these terms and conditions are necessary to protect human health and the environment and cannot be imposed, coverage under the standardized permit will be denied.
(ii) If the facility is not eligible for the standardized permit, the Department will tentatively deny coverage under the standardized permit. Cause for ineligibility may include the following:
(A) Failure of the owner or operator to submit all the information required under 40 CFR 270.275 (relating to what information must I submit to the permitting agency to support my standardized permit application?).
(B) Information submitted that is required under 40 CFR 270.275 is determined to be inadequate.
(C) The facility does not meet the eligibility requirements (activities are outside the scope of the standardized permit).
(D) A demonstrated history of significant noncompliance with applicable requirements.
(E) Permit conditions cannot ensure protection of human health and the environment.
(3) The Department will prepare a draft permit decision within 120 days after receiving the Notice of Intent and supporting documents from a facility owner or operator. The tentative determination under this section to deny or grant coverage under the standardized permit, including any proposed site-specific conditions in a supplemental portion, constitutes a draft permit decision. During the initial 120-day review period the Department may notify the permit applicant and take up to an additional 30 days to prepare a draft permit decision if determined necessary to complete review of documents submitted with the Notice of Intent.
(4) The Department's draft permit decision will be accompanied by a statement of basis or fact sheet as provided for in § 270a.10(c)(10)--(12) (relating to general application requirements and permit issuance procedures).
§ 270a.205. Procedures for preparing a final standardized permit.
40 CFR 124.205 (relating to what must I do as the director of the regulatory agency to prepare a final standardized permit?) is not incorporated by reference. Final standardized permits are prepared in accordance with the following: The Department will consider all comments received during the public comment period under § 270a.208 (relating to opportunities for public comments and hearings on draft standardized permit decisions) in making a final permit decision.
§ 270a.206. Requirement to apply for an individual permit.
40 CFR 124.206 (relating to in what situations may I require a facility owner or operator to apply for an individual permit?) is not incorporated by reference.
(1) The Department may determine that a facility is not eligible for the standardized permit based on the following:
(i) The facility does not meet the criteria in 40 CFR 124.201 (relating to who is eligible for a standardized permit?).
(ii) The facility has a demonstrated history of significant noncompliance with regulations or permit conditions.
(iii) The facility has a demonstrated history of submitting incomplete or deficient permit application information.
(iv) The facility has submitted incomplete or inadequate materials with the Notice of Intent.
(2) If the Department determines that a facility is not eligible for the standardized permit, the Department will inform the facility owner or operator that it shall apply for an individual permit.
(3) The Department may require a facility that has a standardized permit to apply for and obtain an individual permit. An interested person may petition the Department to take action under this paragraph. Cases when the Department may require an individual permit include the following:
(i) The facility is not in compliance with the terms and conditions of the standardized permit.
(ii) Circumstances have changed since the time the facility owner or operator applied for the standardized permit, so that the facility's hazardous waste management practices are no longer appropriately controlled under the standardized permit.
(4) If the Department requires a facility authorized by a standardized permit to apply for an individual permit, the Department will notify the facility owner or operator in writing that an individual permit application is required. The Department will include in this notice a brief statement of the reasons for the decision, a statement setting a deadline for the owner or operator to file the application, and a statement that, on the effective date of the individual permit, the facility's standardized permit automatically terminates. The Department may grant additional time to file an application for an individual permit upon request from the facility owner or operator.
(5) When the Department issues an individual permit to an owner or operator otherwise subject to a standardized permit, the standardized permit for the facility will automatically cease to apply on the effective date of the individual permit.
§ 270a.207. Requirements for standardized permit public notices.
40 CFR 124.207 (relating to what are the requirements for public notices?) is not incorporated by reference.
(1) The Department will provide public notice of a draft standardized permit decision and an opportunity for the public to submit comments and request a hearing on the decision. The Department will provide the public notice to:
(i) The applicant.
(ii) Another agency that the Department knows has issued or is required to issue a RCRA, underground injection control, prevention of significant deterioration (or other permit under the Clean Air Act), NPDES, 404, sludge management permit, or ocean dumping permit under the Marine Protection, Research, and Sanctuaries Act of 1972, the act of October 23, 1972 (Pub. L. No. 92-532, 86 Stat. 52) for the same facility or activity, including the EPA.
(iii) Federal or State agencies with jurisdiction over fish, shellfish and wildlife resources or coastal zone management plans, the Advisory Council on Historic Preservation, State historic preservation officers, and other appropriate government authorities, including any affected states.
(iv) Each person on a mailing list developed by the Department, which includes a person who submits to the Department a request in writing to be included on the list, a person solicited for area lists from participants in past permit proceedings in that area, and a member of the public notified of the opportunity to be put on the mailing list through periodic publication in the public press and in regional and State-funded newsletters, environmental bulletins or State law journals. The Department may update the mailing list periodically by requesting written indication of continued interest from those listed. The Department may delete from the list the name of a person who fails to respond to the request.
(v) Units of local government having jurisdiction over the area where the facility is located or proposed to be located.
(vi) State agencies having authority under State statute with respect to the construction or operation of the facility.
(2) The Department will issue the public notice according to the following methods:
(i) Publication of a notice in the Pennsylvania Bulletin and in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.
(ii) Other methods reasonably calculated to give actual notice of the action in question to a person potentially affected by it, including press releases or any other forum or medium to elicit public participation.
(3) The Department will include the following information in the public notice:
(i) The name and telephone number of the contact person at the facility.
(ii) The name and telephone number of the Department office, and a mailing address to which people may direct comments, information, opinions or inquiries.
(iii) An address to which people may write to be put on the facility mailing list.
(iv) The location where people may view and make copies of the draft standardized permit and the Notice of Intent and supporting documents.
(v) A brief description of the facility and proposed operations, including the address or a map of the facility location on the front page of the notice.
(vi) The date that the facility owner or operator submitted the Notice of Intent and supporting documents.
(4) At the same time the public notice under this section is issued, the Department will place the draft standardized permit (including both the uniform portion and the supplemental portion, if any), the Notice of Intent and supporting documents, and the statement of basis or fact sheet in a location accessible to the public in the vicinity of the facility or at a Department office in the vicinity of the facility.
§ 270a.208. Opportunities for public comments and hearings on draft standardized permit decisions.
40 CFR 124.208 (relating to what are the opportunities for public comments and hearings on draft permit decisions?) is not incorporated by reference.
(1) The public notice that the Department issues under § 270a.207 (related to requirements for standardized permit public notices) will allow at least a 45-day public comment period for people to submit written comments on the draft standardized permit decision. The public comment period will automatically be extended to the close of a public hearing under this section. The hearing officer may also extend the public comment period by so stating at the hearing.
(2) During the public comment period, any interested person may submit written comments on the draft standardized permit and may request a public hearing. Requests for public hearings must be submitted in writing to the Department and state the nature of the issues proposed to be raised during the hearing.
(3) The Department will hold a public hearing if a written notice of opposition to a standardized permit and a request for a hearing is received within the public comment period under paragraph (1). The Department may also hold a public hearing at its discretion, whenever, for instance, a hearing may clarify one or more issues involved in the standardized permit decision.
(4) Whenever possible, the Department will schedule a hearing under this section at a location convenient to the nearest population center to the facility. The Department will give public notice of the hearing at least 30 days before the date of the hearing.
(5) The Department will give public notice of the hearing according to the methods in § 270a.207(1) and (2). A person may submit oral or written statements and data concerning the draft standardized permit before, during or after the public hearing, as long as the Department receives the statements and data during the public comment period. The Department may set reasonable time limits upon the time allowed for oral statements and may require the submission of statements in writing. The Department will make a tape recording or written transcript of the hearing available to the public.
(6) Comments submitted in accordance with this section on the draft standardized permit decision may include the facility's eligibility for the standardized permit, the proposed supplemental conditions, if any, and the need for additional supplemental conditions.
§ 270a.209. Response to comments.
40 CFR 124.209 (relating to what are the requirements for responding to comments?) is not incorporated by reference.
(1) At the time the Department issues a final standardized permit, it will also respond to comments received during the public comment period on the draft standardized permit. The Department's responses will:
(i) Specify which additional conditions, if any, were changed in the final permit and the reasons for the change.
(ii) Briefly describe and respond to all comments on the facility's ability to meet the terms and conditions of the standardized permit, and on any additional conditions necessary to protect human health and the environment.
(2) The Department may request additional information from the facility owner or operator or inspect the facility if it determines that additional information is necessary to adequately respond to comments or to make decisions regarding the terms and conditions of the standardized permit.
(3) The Department will make its response to public comments available to the public.
§ 270a.210. Procedures to appeal a final standardized permit.
40 CFR 124.210 (relating to may I, as an interested party in the permit process, appeal a final standardized permit?) is not incorporated by reference. The final standardized permit will contain information regarding the procedures to follow to appeal the Department's final permit decision, including the decision that the facility is eligible for the standardized permit. The terms and conditions of the uniform portion of the standardized permit are not subject to appeal.
§ 270a.212. Making routine changes.
Regarding the 40 CFR 124.212 requirements incorporated by reference, the reference to 40 CFR 124.10(c)(1)(ix) and (x) (relating to public notice of permit actions and public comment period) is replaced with § 270a.207(1)(iv)--(vi) (relating to requirements for standardized permit public notices).
§ 270a.214. Making significant changes.
Regarding the requirements incorporated by reference, the reference to 40 CFR 124.31(d) (relating to pre-application public meeting and notice) is replaced with § 270a.83(d) (relating to preapplication public meeting and notice).
[Pa.B. Doc. No. 09-39. Filed for public inspection January 9, 2009, 9:00 a.m.]
