Section 287.54. Chemical analysis of waste

(a) In accordance with subsection (b), a person or municipality subject to this subchapter shall:

(1) Perform a detailed analysis that fully characterizes the physical properties and chemical composition of each type of waste that is generated. This analysis shall include available information from material safety data sheets or similar sources that may help characterize the physical properties and chemical composition of the waste.

(2) Make a determination of whether the waste is a hazardous waste under Chapter 261a (relating to identification and listing of hazardous waste) and 40 CFR Part 261 (relating to identification and listing of hazardous waste) to the extent incorporated in § 261a.1 (relating to incorporation by reference, purpose and scope).

(3) Submit a copy of the analysis, determination and a record of laboratory quality control procedures and the use of those procedures to the Department on forms prepared by the Department and to each solid waste management facility which accepts or proposes to accept the waste from the person or municipality for processing or disposal in accordance with written approval from the Department. The information which shall be submitted to a solid waste management facility may be limited to information pertaining to the particular types of waste which the facility receives in accordance with Departmental approval. The submittal of quality control procedures and procedure information may be waived by the Department if the information has been previously submitted to the Department.

(b) A person or municipality shall comply with subsection (a) in accordance with the following timetable:

(1) If residual waste generated by the person or municipality will be processed or disposed of at a solid waste management facility which has applied to the Department for approval to process or dispose of the waste, the person or municipality shall comply with subsection (a) upon the request of the solid waste management facility.

(2) If residual waste generated by the person or municipality is processed or disposed of at a solid waste management facility which has received written approval from the Department to process or dispose of the waste, the person or municipality shall comply with subsection (a) for the wastes annually, on or before the anniversary date of the Department’s approval. In addition, the annual submission to the Department shall identify the permit numbers of each solid waste management facility that receives residual waste from the person or municipality in accordance with Departmental approval, and the weight or volume of the waste received in the previous year at each facility.

(3) If residual waste generated by the person or municipality is processed or disposed of at a solid waste management facility in this Commonwealth which lacks a permit under the act, or which is not located in this Commonwealth, the person or municipality that generated the waste shall comply with subsection (a) for the wastes on or before March 1 of each year. In addition, the annual submission to the Department shall identify the name, address and telephone number of each solid waste management facility that receives residual waste from the person or municipality, a permit number assigned to the facility by the applicable regulatory agency for facilities not located in this Commonwealth and the weight or volume of the waste received in the previous year at each facility.

(c) The analytical methodologies used to meet the requirements of subsection (a) shall be those in the most recent edition of the EPA’s ‘‘Test Methods for Evaluating Solid Waste’’ (SW-846), ‘‘Methods for Chemical Analysis of Water and Wastes’’ (EPA 600/4-79-020), ‘‘Standard Methods for Examination of Water and Wastewater’’ (prepared and published jointly by the American Public Health Association, American Waterworks Association, and Water Pollution Control Federation) or a comparable method subsequently approved by the EPA or the Department.

(d) The person taking the samples and the laboratory performing the analysis required by subsection (a) shall employ the quality assurance/quality control procedures described in the EPA’s ‘‘Handbook for Analytical Quality Control in Water and Wastewater Laboratories’’ (EPA 600/4-79-019) or ‘‘Test Methods for Evaluating Solid Waste’’ (SW-846).

(e) A record of the analyses and certifications required by this section, as well as a record of the laboratory’s quality control procedures and use of those procedures, shall be kept on the premises where the residual waste was generated and shall be available to the Department for inspection.

(f) If a person or municipality has submitted an initial analysis for residual waste that meets the requirements of subsection (a)(1), in lieu of annually performing the analysis required by subsection (b), an authorized representative of the person or municipality may sign and submit to the Department and to the solid waste management facility that receives the waste from the person or municipality, a certification that the physical and chemical properties of the waste, and the process by which the waste was generated, have not changed from those set forth for the previous year, if the permit for the facility authorizes the certification or that the waste is processed or disposed of at a solid waste management facility that is not located in this Commonwealth.

(g) Notwithstanding the certification permitted in subsection (f), a chemical analysis that meets the requirements of subsections (a), (c) and (d) shall be completed every 5 years.

(h) The Department may, in writing, waive or modify the requirements of this section for special handling waste.

The provisions of this § 287.54 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial pages (255095) to (255096) and (239015).

Notation

Cross References

This section cited in 25 Pa. Code § 271.611 (relating to chemical analysis of waste); 25 Pa. Code § 273.313 (relating to annual operation report); 25 Pa. Code § 277.312 (relating to annual operation report); 25 Pa. Code § 279.252 (relating to annual operation report); 25 Pa. Code § 281.272 (relating to annual operation report); 25 Pa. Code § 283.262 (relating to annual operation report); 25 Pa. Code § 287.51 (relating to scope); 25 Pa. Code § 287.56 (relating to other responsibilities); 25 Pa. Code § 287.132 (relating to chemical analysis of waste); 25 Pa. Code § 288.283 (relating to annual operation report); 25 Pa. Code § 289.303 (relating to annual operation report); 25 Pa. Code § 291.222 (relating to annual operation report); 25 Pa. Code § 293.252 (relating to annual operation report); 25 Pa. Code § 295.272 (relating to annual operation report); 25 Pa. Code § 297.262 (relating to annual operation report); and 25 Pa. Code § 298.25 (relating to source reduction strategy).