[27 Pa.B. 237]
[Continued from previous Web Page] (1) To the Department on a form designated by the Department. The form shall contain as a minimum the following information:
(i) The name, identification number, mailing address and the location of the generator.
(ii) The name and telephone number of the generator's contact person.
(iii) The calendar year covered by the report.
(iv) For each hazardous waste generated, the description, hazardous waste number and quantity.
(v) For each hazardous waste managed onsite, except for wastes temporarily accumulated under § 262.34 (relating to accumulation), the method of management.
(vi) For each waste shipped offsite, the identification number of the designated facility and the method of management at the facility.
(vii) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.
(viii) A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984.
(ix) Signature and dated certification of the generator's authorized representative.
(2) To the Department on or before the first day of March of each even numbered year and shall cover the previous calendar year.
CHAPTER 263. TRANSPORTERS OF HAZARDOUS WASTE
Subchapter A. GENERAL § 263.10. Scope.
(a) This chapter applies to a person or municipality who transports hazardous wastes which are generated, stored, treated or disposed of in this Commonwealth, except that transporters transporting hazardous waste through this Commonwealth, neither picking up or delivering hazardous waste in this Commonwealth, need only comply with the EPA transporter requirements in 40 CFR Part 263 (relating to transporters of hazardous waste).
(b) This chapter does not apply to onsite transportation of hazardous wastes by generators or onsite transportation by owners or operators of permitted hazardous waste management facilities.
(c) A transporter of hazardous wastes shall comply with the requirements of Chapter 262 (relating to generators of hazardous waste) if he transports hazardous wastes into this Commonwealth from a foreign country.
(d) A transporter of hazardous waste shall comply with the applicable Department of Transportation requirements for hazardous materials transporters.
§ 263.11. Identification number.
Except as otherwise provided in § 263.30 (relating to hazardous waste discharge or spills), a transporter may not transport hazardous waste without having received an identification number.
§ 263.13. Licensing.
(a) Except as otherwise provided in subsection (b) or § 263.30 (relating to hazardous waste discharge or spills), 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 that has been transporting hazardous waste within this Commonwealth on the effective date of the amendments to Chapter 261 (relating to criteria, identification and listing of hazardous waste), made after January 11, 1997, who files a notification form as required by § 261.41 (relating to notification of hazardous waste activities), and submits a license application as required by this section within 90 days of an amendment to Chapter 261, made after January 11, 1997, shall be treated as having been issued a license until a final Department action on the application is made. The person or municipality may not continue to transport hazardous waste without obtaining a license from the Department.
(c) A person or municipality desiring to obtain a license to transport hazardous waste within this Commonwealth shall:
(1) Comply with § 261.41.
(2) File a hazardous waste transporter license application with the Department. The application shall be on a form provided by the Department and shall be completed as required by the instructions supplied with the form.
(3) Deposit with the Department a collateral bond which is conditional upon compliance by the licensee with the act, the regulations promulgated thereunder, 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 shall conform to § 263.32 (relating to bonding).
(4) Supply the Department with the relevant additional information it may require.
(d) Upon receiving the application and the information required in subsection (c), 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 of the reasons for denial in writing.
(e) A license granted or renewed under this chapter will be valid for 2 years unless the Department determines that circumstances justify issuing a license for a period of less than 2 years. The expiration date will be set forth on the license.
(f) A license to transport hazardous wastes is nontransferable and nonassignable and shall be used only by the licensee and employes of the licensee.
(g) 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.
(h) 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.''
(i) In addition to the fees required by subsection (h), the transporter shall also submit a fee of $5 for each license card requested in excess of ten cards.
(j) The licensee shall notify the Department within 30 days of any change in the information contained in the license application.
Subchapter B. MANIFEST § 263.20. Manifest.
* * * * * (b) Before transporting the hazardous waste, the initial and any subsequent transporter shall print or type his name, sign and date the manifest and, by his signature, acknowledge his acceptance of the hazardous waste from the generator or previous transporter. Before leaving the generator's property, the initial transporter shall return to the generator the appropriate number of signed copies of the manifest according to the instructions supplied with the manifest.
* * * * * § 263.27. Blending, mixing, treating or storing of hazardous waste by transporters.
(a) If a transporter blends or mixes hazardous waste of different United States Department of Transportation shipping descriptions, the transporter shall comply with Chapter 262 (relating to generators of hazardous waste).
(b) A transporter that stores hazardous waste in a manner other than in-transit storage or alters the composition of hazardous waste, shall comply with the applicable requirements of Chapters 264 and 265 (relating to new and existing hazardous waste management facilities applying for a permit; and interim status standards for hazardous waste management facilities and permit program for new and existing hazardous waste management facilities).
(c) A transporter may mix hazardous wastes of similar United States Department of Transportation shipping descriptions solely for the purpose of bulking the waste without complying with Chapters 264 and 265 if the following conditions are met:
(1) The mixing occurs at an in-transit storage facility that complies with § 263.30(g) (relating to hazardous waste discharge or spills).
(2) The wastes being mixed or bulked are compatible which shall be verified through chemical analysis of the wastes involved.
Subchapter C. OPERATING REQUIREMENTS § 263.30. Hazardous waste discharge or spills.
(a) In the event of a discharge or spill of hazardous waste during transportation, the transporter shall take appropriate immediate action to protect the health and safety of the public and the environment and shall immediately notify the Department by telephone at (717) 787-4343 and the National Response Center at (800) 424-8802 with the following information:
(1) Name of the person reporting the spill.
(2) Name, address and identification number of the transporter.
(3) Phone number where the person reporting the spill can be reached.
(4) Date, time and location of the spill.
(5) Mode of transportation and type of transport vehicle.
(6) Brief description of the incident.
(7) For each waste involved in the spill:
(i) The name and identification number of the generator of the waste.
(ii) Shipping name, hazard class and U. N. Number of the waste.
(iii) Estimated quantity of the waste spilled.
(8) Shipping name, hazard class and U. N. Number of any other material carried.
(b) In the event of a discharge or spill of hazardous waste during transportation, the transporter shall immediately notify the affected municipality of the occurrence and nature of the discharge or spill.
(c) If a discharge or spill of hazardous waste occurs during transportation, and a Departmental official acting within the scope of his official responsibilities determines that immediate removal of the waste is necessary to protect the health and safety of the public or the environment, that official may authorize in writing the removal of the waste by transporters who do not have identification numbers or licenses and without the preparation of a manifest.
(d) A transporter shall clean up any hazardous waste discharge or spill that occurs during transportation or take action that may be required or approved by the Department so that the discharge or spill no longer presents a hazard to the health and safety of the public or to the environment.
(e) Report in writing as required by 49 CFR 171.16 (relating to detailed hazardous materials incident reports), to the Chief, Information System Division, Transportation Programs Bureau, United States Department of Transportation, Washington, D.C., 20590, sending a copy of the report to the Department and a copy to the generator. A water--bulk shipment--transporter who has discharged hazardous waste shall give the same notice as required by 33 CFR 153.203 (relating to notice of discharge), for oil and hazardous substances, sending a copy of the report to the Department and a copy to the generator.
(f) A transporter of hazardous waste shall develop and implement a transporter contingency plan for effective action to minimize and abate discharges or spills of hazardous waste from an incident while transporting hazardous waste. The transporter shall develop the plan in accordance with the Department's guidelines for contingency plans and shall submit the plan to the Department as the Department prescribes for its written approval.
(g) A transporter utilizing in-transit storage of hazardous waste for 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 and shall submit the plan to the Department for written approval.
(h) 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 and will be approved by the Department in writing.
Subchapter E. BONDING § 263.32. Bonding.
(a) A collateral bond means an indemnity agreement in a certain sum payable to the Department executed by the licensee and which is supported by the deposit with the Department of cash, negotiable bonds of the United States of America, the Commonwealth of Pennsylvania, the Pennsylvania Turnpike Commission, the General State Authority, the State Public School Building Authority or any Commonwealth municipality, or an irrevocable letter of credit of any bank organized or authorized to transact business in the United States.
(b) A new, revised or renewed license to transport hazardous waste may not be issued by the Department before the applicant for a license has filed a collateral bond payable to the Department on a form provided by the Department, and the bond has been approved by the Department.
(c) The amount of the bond shall be $10,000 at a minimum and be in an amount sufficient to assure that the licensee faithfully performs the requirements of the act, the rules and regulations promulgated thereunder, the terms and conditions of the license and any Department order issued to the licensee.
(d) Liability under the bond shall continue at a minimum for the duration of the license, any renewal thereof and for a period of 1 year after expiration, termination, revocation or surrender of the license. The 1-year extended period of liability shall include, and shall be automatically extended for, additional time during which administrative or legal proceedings are pending involving a violation by the transporter of the act, rules and regulations promulgated thereunder, the terms or conditions of a license or a Department order.
(e) The Department may require additional bond amounts at any time if the methods of transporting wastes change, the kind of wastes transported change or the Department determines the additional bond amounts are necessary to guarantee compliance with the act, the rules and regulations, the terms and conditions of the license or any Department order.
(f) Collateral bonds shall be subject to the following conditions:
(1) The Department will obtain possession of and keep in custody all collateral deposited by the licensee until authorized for release as provided in this section.
(2) The Department will value collateral at their current market value.
(3) Collateral shall be in the name of the licensee, not in the name of third parties and shall be pledged and assigned to the Department free and clear of claims.
(g) Letters of credit shall be subject to the following conditions:
(1) The letter may only be issued by a bank organized or authorized to do business in the United States.
(2) Letters of credit shall be irrevocable. The Department may accept a letter of credit which is irrevocable for a term of 3 years if:
(i) The letter of credit is automatically renewable for additional terms, unless the bank gives at least 90 days prior written notice to the Department of its intent to terminate the credit at the end of the current term.
(ii) The Department has the right to draw upon the credit before the end of its term and convert it into a cash collateral bond, if the licensee fails to replace the letter of credit with other acceptable collateral within 30 days of the bank's notice to terminate the credit.
(3) The letter of credit shall be payable to the Department in part or in full upon demand of the Department in the case of a forfeiture or the failure of the operator to replace the letter of credit as provided in this section.
(4) The Department will not accept letters of credit from a bank for a licensee in excess of 10% of the bank's capital surplus account as shown on a balance sheet certified by a certified public accountant.
(5) All letters of credit shall be subject to the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 290, including amendments and successor publications.
(6) Letters of credit will provide that the bank will give prompt notice to the licensee and the Department of a notice received or action filed alleging the insolvency or bankruptcy of the bank, or alleging violations of regulatory requirements which could result in suspension or revocation of the bank's charter or license to do business.
(7) Upon the incapacity of a bank by reason of bankruptcy, insolvency or suspension or revocation of its charter or license, the licensee shall be deemed to be without collateral bond coverage in violation of § 263.13 (relating to licensing). The Department will issue a notice of violation against a licensee who is without bond coverage. The notice shall specify a reasonable period to replace bond coverage, not to exceed 90 days.
(h) Bonds which are not declared forfeit in accordance with subsection (i) shall be released to the licensee 1 year after expiration, termination, revocation or surrender of the license.
(i) The Department will declare forfeit all the bonds if the Department finds that the licensee has violated any of the requirements of the act, the rules and regulations promulgated thereunder, terms and conditions of a license or a Department order issued to the licensee, and if the Department also finds that the licensee has failed to remedy promptly the violation.
(j) Remedies provided in law for violation of the act, the rules and regulations adopted thereunder or the conditions of the license, are expressly preserved. Nothing in this section may be construed as an exclusive penalty or remedy for the violations of law. An action taken under this chapter does not waive or impair another remedy or penalty provided in law.
CHAPTER 264. NEW AND EXISTING HAZARDOUS WASTE MANAGEMENT FACILITIES APPLYING FOR A PERMIT
Subchapter B. GENERAL FACILITY STANDARDS § 264.11. Identification numbers.
(a) A person or municipality who owns or operates a hazardous waste management facility may not accept hazardous waste for treatment, storage or disposal without having received an identification number from the EPA and may not accept hazardous waste from a transporter who has not received an identification number from the EPA and a license from the Department, except as otherwise provided. This provision does not apply to acceptance of waste generated by a small quantity generator or by a conditionally exempt small quantity generator.
(b) An owner or operator of a hazardous waste management facility who has not received an identification number may obtain one by applying to the EPA.
§ 264.12. General requirements for hazardous waste management approvals and analysis of a specific waste from a specific waste generator.
(a) Except as provided in subsections (e) and (f), before an owner or operator treats, stores or disposes of a specific hazardous waste from a specific generator for the first time, the operator shall submit to the Department for approval, on a form provided by the Department, a report which the owner or operator shall retain for 20 years. The report shall include the following information:
(1) A detailed chemical and physical analysis of the waste.
(2) A description of the waste and the process generating the waste.
(3) The name and address of the HWM facility.
(4) A description of the HWM facility's treatment, storage and disposal methods.
(5) Results of liner compatibility testing.
(6) An assessment of the impact of the waste on the HWM facility.
(7) A copy of the generator's source reduction strategy unless exempted under § 262.80(e) (relating to source reduction strategy). For generators located outside of this Commonwealth, a copy of documentation that the generator has complied with section 3005(h) of the Solid Waste Disposal Act (42 U.S.C.A. § 6925(h)).
(8) Other information which the Department may prescribe for the Department to determine whether the waste will be treated, stored or disposed of in accordance with this chapter. The chemical and physical analysis of the waste shall be repeated under one or more of the following circumstances:
(i) When necessary to ensure that it is accurate and up-to-date.
(ii) When the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste has changed.
(iii) For offsite facilities or onsite facilities receiving waste from offsite sources, when the results of the inspection or analysis, or both, of each hazardous waste indicates that the waste received at the facility does not match the description of the waste on the accompanying manifest or shipping paper.
(b) The owner or operator of an offsite facility or an onsite facility receiving hazardous waste from offsite sources shall inspect and, if necessary, analyze each hazardous waste received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
(c) The owner or operator shall develop and follow a written waste analysis plan which shall be submitted to the Department for approval at a time in the application process as the Department may prescribe. The plan shall be retained at the facility. At a minimum, the plan shall specify all of the following:
(1) The parameters for which each hazardous waste will be analyzed and the rationale for the selection of these parameters.
(2) The test methods which will be used to test for these parameters.
(3) The sampling methods which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:
(i) One of the sampling methods described in § 261.34(a) (relating to appendices).
(ii) An equivalent sampling method approved by the Department.
(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date.
(5) For offsite facilities or onsite facilities receiving wastes from offsite sources, the waste analyses that the hazardous waste generators supply in accordance with the requirements of this section.
(6) When applicable, the testing procedures which will be used to meet the additional waste analysis requirements for the following HWM methods: tanks, surface impoundments, waste piles, land treatment, landfills, incineration, thermal treatment, and chemical, physical and biological treatment.
(7) For offsite facilities or onsite facilities receiving hazardous waste from offsite sources, the procedures which will be used to determine the identity of each hazardous waste managed at the facility and the sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.
(8) If applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in § 264.17 (relating to general requirements for ignitable, reactive or incompatible wastes).
(d) The owner or operator of a facility utilizing a liner shall conduct an evaluation of the liner compatibility with the hazardous waste before accepting the waste for emplacement in a waste pile, surface impoundment or landfill unless the approval to accept the waste is granted in the facility's permit. The evaluation procedure shall meet the approval of the Department prior to its commencement. The evaluation of the liner shall consist of testing the liner in the presence of the waste for a minimum of 30 days or as otherwise approved by the Department. In lieu of actual testing, existing published or documented data on the hazardous waste or waste generated from similar processes proving the liner compatibility may be substituted if approved by the Department. The results of the evaluation of the liner compatibility shall be furnished to the Department for approval of the waste before acceptance by the facility.
(e) The Department may waive prior approval of the report specified in subsection (a) for wastes that are in containers that are only to be stored at the facility. The Department may waive prior approval of the report only if:
(1) The Department determines that such a waiver does not pose a potential threat to human health or the environment.
(2) The management of the wastes is allowed in the permit for the facility and properly addressed in the approved waste analysis plan for the facility.
(3) The report is submitted to the Department within 1 week of the arrival of the wastes at the facility and a copy of the report is maintained in the operating record onsite for 20 years.
(f) Prior Department approval of the report specified in subsection (a) is not required for offsite reclamation facilities that, under a contractual agreement, supply raw material to a generator and accept the expended material from the generator for storage prior to reclamation. In addition to the remaining requirements in subsection (a), the owner or operator shall retain at the facility the generator's certification that, at a minimum, states that a contractual agreement exists between the reclaimer and the generator in which the reclaimer supplies raw material to the generator who returns the expended material to the reclaimer after its intended use and that the material has been or will be used by the generator only in the manner specified in the contractual agreement. The reclaimer shall indicate the proposed location for storage of the waste in the certification. The reclaimer shall maintain one copy of the certification in the operating record onsite for 20 years. The certification shall be included in the waste analysis plan of the reclamation facility's storage permit.
(g) Permit modifications request under subsections (a), (c) and (d) shall be accompanied by a fee, as specified in § 265.447(b) and (c) (relating to payment of fees).
§ 264.13. Generic Module I applications.
(a) In lieu of the waste and generator specific report required by § 264.12 (relating to general requirements for hazardous waste management approvals and analysis of a specfic waste from a specific waste generator), the Department may accept from the operator of a treatment, storage or disposal facility a Generic Module I application for similar wastes containing similar hazardous constituents from multiple generators. The Department will approve in writing any Generic Module I application before the operator of a treatment, storage or disposal facility may accept a waste identified in the application from a generator identified in the application. A Generic Module I application may be used only if:
(1) The wastes have similar chemical and physical characteristics.
(2) The processes which generate the wastes are similar.
(3) The wastes have identical hazardous waste numbers, United States Department of Transportation shipping name, hazard class and UN/NA number.
(4) All wastes included in a Module I application will be managed in the same manner at the facility.
(5) The management of the wastes is allowed in the permit for the facility and is properly addressed in the approved waste analysis plan.
(b) An application for a Generic Module I shall include:
(1) The information required by § 264.12(a). Generator specific information required by § 264.12(a) shall be included for each generator identified in the application.
(2) Criteria for determining whether the wastes have similar physical and chemical characteristics and contain similar hazardous constituents.
(c) Additional generators may be added to an approved Generic Module I if the operator of the treatment, storage or disposal facility demonstrates that the waste from the new generator is consistent with the waste already approved in the Generic Module I. At least 15 days prior to accepting a waste from a new generator, the operator of the treatment, storage or disposal facility shall submit to the Department, in writing, the generator specific information required by § 264.12(a). The Department will not add an additional generator to the Generic Module I if the Department finds that the operator of the treatment, storage or disposal facility has not demonstrated that the waste from the new generator is consistent with that approved under the Generic Module I.
(d) Generic Module I applications submitted under subsection (a) shall be accompanied by a fee as specified in § 265.447(c) (relating to payment of fees).
Subchapter E. MANIFEST SYSTEM AND DISCREPANCY REPORTING § 264.71. Use of manifest system.
* * * * * (d) The owner or operator of the facility shall retain the required copies of the manifest at the time of delivery, for at least 3 years from the date of delivery.
* * * * * § 264.73. Operating record.
(a) The owner or operator of an onsite or offsite facility shall keep a written operating record at his facility.
(b) The following information shall be recorded, as it becomes available, and be maintained in the operating record until closure of the facility:
(1) A description and the quantity of each hazardous waste received, and the methods and dates of its treatment, storage or disposal at the facility as required by Appendix A (relating to recordkeeping instructions). The quarterly report form may be used to record this information.
(2) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste shall be recorded on a map or diagram of each cell or disposal area. The maps or diagrams shall be drawn to scale and tied to permanently surveyed bench marks. For all facilities, this information shall include cross references to specific state manifest document numbers and EPA manifest document numbers, if the waste was accompanied by a manifest.
(3) Records and results of waste analyses and trial tests performed as specified in §§ 264.13, 264.17 and Subchapter O (relating to general requirements for hazardous waste management approvals and analysis; general requirements for ignitable, reactive or incompatible wastes; and incinerators).
(4) Summary reports and details of all incidents that require implementing the contingency plan as specified in § 264.56(j) (relating to emergency procedures).
(5) Records and results of inspections as required by § 264.15 (relating to general inspection and construction inspection requirements).
(6) Monitoring, testing or analytical data if required by Subchapters F and I--T.
(7) For offsite facilities or onsite facilities receiving wastes from offsite sources, notices to generators as specified in § 262.13 (relating to authorization).
(8) Closure cost estimates under § 267.19 (relating to cost estimate for closure and postclosure care) and for disposal facilities, all postclosure estimates under § 267.19.
(9) A certification by the permittee no less often than annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage or disposal is that practicable methods currently available to the permittee which minimizes the present and future threat to human health and the environment.
§ 264.75. Biennial report.
(a) Facility owners or operators shall submit biennial reports to the Department on a form designated by the Department. The form shall contain as a minimum the following information:
(1) The name, identification number, mailing address and location of the facility.
(2) The name and telephone number of the facility's contact person.
(3) For each hazardous waste managed at the facility, the identification number of the producing generator, the description, hazardous waste number, quantity and method of treatment, storage or disposal. For imported shipments, in lieu of the identification number, the report shall give the name and address of the foreign generator.
(4) Signature and certification of the facility's owner or operator or authorized representative.
(5) The most recent closure cost estimate under § 267.19 (relating to cost estimate for closure and postclosure care), and for disposal facilities, the most recent postclosure cost estimate under § 267.19.
(6) The calendar years covered by the report.
(7) Additional information set forth by the Department on the form.
(b) Reports required by this section shall be submitted to the Department on or before the first day of March for each even numbered year and shall cover the previous calendar year.
(c) Reports required by this section shall be maintained for the life of the facility as a part of the operating record. The records shall be made available to the Department upon request.
§ 264.76. Unmanifested waste report.
If a facility accepts for treatment, storage or disposal hazardous waste from an offsite source without an accompanying manifest, or without an accompanying shipping paper as described in § 263.20(e)(2) (relating to manifest), and if the waste is not excluded from the manifest requirement by § 261.5 (relating to special requirements for hazardous waste generated by small quantity generators), the owner or operator shall prepare and submit a single copy of a report to the Department within 15 days after receiving the waste. The unmanifested waste report shall be submitted on EPA Form 8700-13B. The report shall be designed ''unmanifested waste report'' and include the following information:
(1) The identification number, name and address of the facility.
(2) The date the facility received the waste.
(3) The identification number, name and address of the generator and the transporter, if available.
(4) A description and the quantity of each unmanifested hazardous waste received by the facility.
(5) The method of treatment, storage or disposal for each hazardous waste.
(6) The certification signed by the owner or operator of the facility or an authorized representative.
(7) A brief explanation of why the waste was unmanifested, if known.
§ 264.82. Administration fees.
(a) The owner or operator of a hazardous waste management facility shall annually pay an administration fee to the Department according to the following schedule:
(1) Land disposal facilities--$2,500.
(2) Surface impoundments--$2,500.
(3) Commercial treatment--$2,000.
(4) Captive treatment--$700.
(5) Storage--$550.
(6) Incinerators--$1,300.
(b) The administration fee shall be in the form of a check made payable to the ''Commonwealth of Pennsylvania'' and be paid on or before the first of March to cover the preceding year.
(c) If more than one permitted activity is located at a site, or more than one activity occurs, the fee shall be cumulative.
Subchapter J. TANKS § 264.190. Applicability.
(a) Tank systems. This subchapter applies to owners and operators of facilities that use tank systems to treat or store hazardous wastes, except as otherwise provided in § 264.1 (relating to scope).
(b) General. Tank systems that are used to store or treat hazardous waste which contain no free liquids and are situated inside a building with an impermeable floor--permeability may not exceed 1 x 10-7 cm/sec.--are exempted from § 264.193 (relating to secondary containment). To demonstrate the absence or presence of free liquids in the stored or treated waste, the waste shall pass the following tests:
(1) Method 9095 (Paint Filter Liquids Test) as described in the latest ''Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods'' (EPA Publication No. SW-846 as amended).
(2) It shall have greater than 20% solids content by dry weight.
(3) It may not be flowable. Flowable refers to flow in the sense of pourable as a liquid.
(c) Exemptions. Tank systems, including sumps, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in § 264.193.
Subchapter L. WASTE PILES § 264.250. Applicability.
(a) This subchapter applies to an owner or operator of a facility that stores or treats hazardous waste in piles except under § 264.1 (relating to scope). A waste pile used as a disposal facility is a landfill and shall meet the requirements of Subchapter N (relating to landfills).
(b) A waste pile shall be designed to prevent discharge into the land, surface water or groundwater during the life of the pile.
(c) An owner or operator of a waste pile complying with paragraph (1) is not subject to the requirements of Subchapter F (relating to groundwater monitoring), the requirements of §§ 264.251 and 264.252 (relating to design and operating requirements--general; and design and operating requirements--liner system). An owner or operator of a waste pile complying with paragraph (2) or (3) is not subject to the groundwater requirements of Subchapter F.
(1) The waste pile is inside or under a completely enclosed structure that provides protection from precipitation so that neither runoff nor leachate is generated.
(i) A liquid or material containing free liquids is not placed in the pile.
(ii) The pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting.
(iii) The pile will not generate leachate through decomposition or other reactions.
(iv) The waste is underlain by an impermeable membrane of sufficient strength and thickness to prevent failure due to the stress of installation, puncture, cracking, tearing or other physical damage from equipment used to place the waste in or on the pile, or to remove the waste from the pile, or to clean the membrane. The membrane shall be compatible and nonreactive with the waste to be placed on it.
(v) The pile is protected from surface water run-on by the structure or in another manner.
(2) The waste pile is underlain by a liner system composed of two liners and conditions of § 264.252(a) are complied with.
(3) The waste in the pile is removed periodically and the liner is inspected for deterioration, cracks or other conditions that may result in leaks. The frequency of inspection shall be specified in the inspection schedule under § 264.15 (relating to general inspection and construction inspection requirements), and shall be based on the potential for the liner base to crack or otherwise deteriorate under the conditions of operation such as waste type, rainfall, loading rates, subsurface stability and conditions of § 264.252(a) are complied with.
Subchapter O. INCINERATORS § 264.341. Waste analysis.
(a) Before an owner or operator incinerates his own specific hazardous waste or a specific hazardous waste from a specific generator for the first time he shall submit to the Department an analysis of the waste including the following information either with the permit application or on a form specified by the Department. The following parameters of the waste feed shall be analyzed and quantified along with additional parameters as may be required by the Department in order to provide data as required by § 264.347 (relating to monitoring and inspection). Each analysis shall include sample data, sample methods, sample description and collection conditions, analysis data and laboratory name, address, contact and telephone number. All analyses submitted shall specify the analytical techniques utilized along with special preparation or deviation from accepted techniques:
(1) General properties.
(i) Moisture (percent by weight).
(ii) Ash (percent by weight).
(iii) Heating value (Btu/lb.).
(iv) Density (lb./cubic foot at 70°F).
(v) Viscosity (Centipoise at 70°F).
(vi) PCB (ppm by weight).
(vii) Identification of hazardous organic constituents listed in § 261.34(e) (relating to appendices), which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in § 261.34(e) which would reasonably not be expected to be found in the waste. The constituents excluded from analysis shall be identified and the basis for the exclusion stated. The waste analysis shall rely on analytical techniques specified in Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods (SW-846) or other equivalent method, under § 260.21 (relating to requests for determination of equivalent testing or analytical methods).
(viii) Flash point (°F).
(ix) An approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the analytical methods specified in Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods (SW-846) or other equivalent method under § 260.21.
(2) Ultimate analysis.
(i) Carbon (percent by weight).
(ii) Hydrogen as H2 (percent by weight).
(iii) Oxygen as O2 (percent by weight).
(iv) Nitrogen as N2 (percent by weight).
(v) Water (percent by weight).
(vi) Phosphorus (percent by weight).
(vii) Bromine as Br2 (percent by weight).
(viii) Chlorine as Cl2 (percent by weight).
(ix) Fluorine as F2 (percent by weight).
(x) Arsenic (percent by weight).
(xi) Beryllium (percent by weight).
(xii) Lead (percent by weight).
(xiii) Mercury (percent by weight).
(xiv) Cadmium (percent by weight).
(xv) Chromium as hexavalent chrome (percent by weight).
(xvi) Sulfur (percent by weight).
(xvii) Remainder as ash (percent by weight).
(b) Throughout normal operation, the owner or operator shall conduct sufficient waste analyses to verify that the waste feed to the incinerator is within the physical and chemical composition limits specified in the permit. The Department may require additional waste analyses if it determines that the analyses conducted by the owner or operator are insufficient to verify that the waste feed is within the limits specified in the permit.
§ 264.343. Performance standards.
An incinerator burning hazardous waste shall be designed, constructed and maintained so that, when operated under § 264.345(a) (relating to operating requirements), it will meet the following performance standards:
(1) An incinerator burning hazardous waste shall achieve a destruction and removal efficiency (DRE) of 99.99% for each principal organic hazardous constituent (POHC) designated in its permit or approval for each waste feed. DRE is determined for each POHC from the following equation:
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