ENVIRONMENTAL QUALITY BOARD [25 PA. CODE CHS. 271--273 AND 277--285] Municipal Waste [28 Pa.B. 4319] The Environmental Quality Board (Board) proposes to amend Chapters 271--273 and 277--285. The proposed amendments are the result of the Department evaluating the municipal waste regulations promulgated in 1988, 1991 and 1992 in accordance with the Regulatory Basics Initiative (RBI).
This proposal was adopted by the Board at its meeting of June 16, 1998.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final rulemaking.
B. Contact Persons
For further information contact William F. Pounds, Chief of the Division of Municipal and Residual Waste, P. O. Box 8472, Rachel Carson State Office Building, Harrisburg, PA 17105-8472, (717) 787-7564, or Kristen M. Campfield, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposal appears in Section J of this preamble. Persons with a disability may use the 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 (http://www.dep.state.pa.us).
C. Statutory Authority
The proposed rulemaking is being made under the authority of the following:
The Solid Waste Management Act (SWMA) (35 P. S. §§ 6018.101--6018.1003), as amended, which in section 105(a) of the SWMA (35 P. S. § 6018.105(a)) grants the Board the power and the duty to adopt the rules and regulations of the Department to carry out the provisions of the SWMA.
The Clean Streams Law (CSL) (35 P. S. §§ 691.1--691.1001), which in section 5(b) of the CSL (35 P. S. § 691.5(b)) grants the Board the authority to formulate, adopt, promulgate and repeal the rules and regulations as are necessary to implement the provisions of the CSL and which in section 402 of the CSL (35 P. S. § 691.402) grants the Board the authority to adopt rules and regulations requiring permits or establishing conditions under which an activity shall be conducted for any activity that creates a danger of pollution of the waters of this Commonwealth or that regulation of the activity is necessary to avoid such pollution.
The Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) (53 P. S. §§ 4000.101--4000.1904), which in section 302 of Act 101 (35 P. S. § 4000.302) gives the Board the power and duty to adopt the regulations of the Department to accomplish the purposes and carry out the provisions of this act.
The Land Recycling and Environmental Remediation Standards Act (Act 2) (35 P. S. §§ 6026.101--6026.909), which in section 104(a) of Act 2 (35 P. S. § 6026.104(a)) authorizes the Board to adopt Statewide health standards, appropriate mathematically valid statistical tests to define compliance with Act 2 and other regulations that may be needed to implement the provisions of Act 2. Section 301(c) of Act 2 (35 P. S. § 6026.301(c)) authorizes the Department to establish by regulation procedures for determining attainment of remediation standards when practical quantification limits set by the United States Environmental Protection Agency (EPA) have a health risk that is greater than the risk levels established in Act 2. Section 303(a) of Act 2 (35 P. S. § 6026.303(a)) authorizes the Board to promulgate Statewide health standards for regulated substances for each environmental medium and the methods used to calculate the Statewide health standards.
The Infectious and Chemotherapeutic Wastes Law (ICWL) (35 P. S. §§ 6019.1--6019.6), which in sections 2(b) and 4(b) of the ICWL (35 P. S. §§ 6019.2(b) and 6019.4(b)) grants the Department the authority to propose regulations as may be necessary or appropriate to accomplish the purposes of the IWCL and grants the Board the authority to adopt rules and regulations of the Department to accomplish the purposes and to carry out the provisions of the IWCL.
The Administrative Code of 1929 (AC) (71 P. S. §§ 510-5, 510-17 and 510-20), which in section 1905-A of the AC authorizes the Department to require applicants for permits and permit revisions to provide written notice to municipalities, in section 1917-A of the AC authorizes and requires the Department to protect the people of this Commonwealth from unsanitary conditions and other nuisances, including any condition which is declared to be a nuisance by any law administered by the Department, in section 1920-A of the AC grants the Board the power and the duty to formulate, adopt and promulgate the rules and regulations as may be determined by the Board for the proper performance of the work of the Department and in section 1937-A of the AC (71 P. S. § 510-37) revises the requirements for grant applications for development and implementation of municipal recycling programs.
The Small Business and Household Pollution Prevention Program Act (SBHPPP) (35 P. S. §§ 6029.201--6029.209), which in section 207 of the SBHPPP (35 P. S. § 6029.207) grants the Board the power to promulgate regulations as needed to implement the SBHPPP.
Section 15(a) of the act of November 26, 1997 (P. L. 530, No. 57) (Act 57), repeals section 512(b) of Act 101 pertaining to permit review periods.
The proposed revisions to § 285.219 (relating to transporting foodstuffs and feedstuffs in vehicles used to transport waste) are made under the previously cited authorities and also under the authority of 75 Pa.C.S.A. §§ 101--9805 (relating to Vehicle Code) (code), which in section 4909(e) of the code (relating to transporting foodstuff in vehicles used to transport waste) grants the Board the power and duty to adopt regulations, if necessary, to carry out the requirements of section 4909.
D. Background and Purpose
The municipal waste program in this Commonwealth was developed under the Pennsylvania SWMA and Act 101. The SWMA authorizes the Department to develop and promulgate regulations to manage municipal waste. Act 101 authorizes the Department to regulate municipal waste planning, which includes the development and implementation of county municipal waste management plans, and to administer the planning, recycling and waste reduction programs under Act 101 and the regulations promulgated under it. Under these acts, municipal waste generally consists of waste resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and includes nonresidual and nonhazardous waste sludge from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. Municipal waste does not include source-separated recyclable materials. The municipal waste program also includes the management of infectious and chemotherapeutic waste.
On April 8, 1988, the Department promulgated a comprehensive set of regulations for the management of municipal waste. On August 7, 1992, the Department promulgated revisions to these regulations to address infectious and chemotherapeutic waste management. On September 14, 1991, the Department promulgated revisions concerning financial assurances for municipal waste management. Regulations for municipal waste planning, recycling and waste reduction were promulgated on October 10, 1992. Regulations concerning general permits for the beneficial use of municipal waste and the land application of sewage sludge, as well as other regulatory changes, were promulgated January 25, 1997. Today's comprehensive proposed rulemaking includes revisions to regulations promulgated under each of these rulemakings.
The Commonwealth's municipal waste landfill program is a Federally authorized program under the EPA ''Subtitle D'' Criteria for Municipal Solid Waste Landfills (40 CFR Part 258) (Subtitle D criteria), which became effective October 9, 1993. The EPA Subtitle D criteria contain minimum National criteria for the location, design, operation, cleanup and closure of municipal waste landfills. The Subtitle D criteria give a state flexibility in implementing the criteria if the state runs the program, as the Commonwealth does, as long as the state's regulations are at least as stringent as the Subtitle D criteria. The Commonwealth's regulations are at least as stringent as the Subtitle D criteria. In several instances in this proposed rulemaking, revisions are proposed to regulations that are more stringent than the Subtitle standards. Where this occurs, a justification for the regulation's stringency is provided in the ''Summary of Regulatory Requirements.'' The following is a list of proposed revisions to regulations that include requirements that are more stringent than the Subtitle D criteria:
* Subchapter B of Chapter 273 (relating to municipal waste landfills--application requirements)
