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PA Bulletin, Doc. No. 03-2272


Residual Waste General Permits; General Permit Application No. WMGR098

[33 Pa.B. 5877]

   The following permit is proposed under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904) and residual waste regulations for a general permit to operate residual waste processing facilities and the beneficial use of residual waste other than coal ash.

   Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.

   General Permit Application No. WMGR098. The Department of Environmental Protection (Department), Bureau of Land Recycling and Waste Management (Bureau), proposes to authorize, under General Permit WMGR098, the beneficial use of waste foundry system sand and sand system dust generated by ferrous metal foundries and steel foundries with ISO 14001 certification. The beneficial uses approved will include use as a construction material or a soil additive or soil amendment. This will be a Statewide residual waste general permit.

   The Department is authorized under the Solid Waste Management Act and 25 Pa. Code § 287.611 (relating to authorization for general permit) to initiate and issue general permits for any category of beneficial use or processing that results in beneficial use of residual waste on a Statewide basis when the Department determines that the use will not harm or present a threat of harm to the health, safety or welfare of the public or the environment and the activity can be adequately regulated using standard permit conditions. The Department has determined that the beneficial use of these waste foundry system sands and sand system dusts can be adequately regulated using standard conditions.

   Persons requesting approval to operate under the terms of the Department-initiated general permit will be required to obtain a determination of applicability from the Bureau's Division of Municipal and Residual Waste. The following minimum information will be required to obtain the determination of applicability:

   a.  Name and street address of applicant and generator.

   b.  Number and title of general permit.

   c.  A chemical and physical analysis and description of the waste that fully characterizes its composition and properties.

   d.  A description of the manufacturing and production processes that generate the waste, including detailed information on the chemical constituents in all binders, coatings or other chemicals used in the production process.

   e.  A waste evaluation plan for sampling, testing and monitoring new quantities of waste foundry sand, which includes procedures on handling rejected waste foundry sand.

   f.  A Preparedness, Prevention and Contingency Plan for the generating facility prepared in accordance with the most recent edition of the Department's ''Guidelines for the Development and Implementation of Environmental Emergency Response Plans.''

   g.  Proof that copies of the request for approval to operate under General Permit No. WMGR098 have been submitted to the municipality, county, county planning agency and county health department where the wastes are generated.

   h.  Proof that the beneficial use activities will be consistent with General Permit No. WMGR098.

   i.  A signed and notarized statement by the applicant who seeks to operate under the terms and conditions of General Permit No. WMGR098 that states that the person accepts all conditions of the general permit.

   j.  An application fee in the amount specified in the residual waste regulations, payable to the ''Commonwealth of Pennsylvania.''

   k.  Information that identifies the applicant (that is, individual, corporation, partnership, government agency, association, and the like), including the names and addresses of every officer that has a beneficial interest in or otherwise controls the operation of the company.

   l.  A list of all previous permits or licenses issued to the permittee by the Department or the Federal government under the environmental protection acts; the date of issuance and current status of those permits; and the permittee's compliance history concerning the environmental protection acts.

   m.  Proof that any independent contractors retained by the permittee to perform any activities proposed under this permit are in compliance with Department regulations.

   n.  Proof that the applicant has legal right to enter the land and operate the facilities proposed for coverage under General Permit No. WMGR098.

   o.  An irrevocable written consent from the landowner giving the Department permission to enter upon the land where the applicant will be conducting waste management activities.

   Comments concerning the proposed Department-initiated general permit should be directed to Ronald C. Hassinger, Chief, General Permits/Beneficial Use Section, Division of Municipal and Residual Waste, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381, or through the Pennsylvania AT&T Relay Service at (800) 654-5984) (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal, including recommendations for additional conditions or revisions to, or approval or denial of, the proposed general permit. Public comments must be submitted on the proposed general permit application by January 28, 2004.

   Persons interested in obtaining more information or copies of the proposed general permit should contact Ronald C. Hassinger. The proposal is also available on the Department's website at (DEP Keyword: Participate; scroll down to ''Proposals Open for Comment'').


[Pa.B. Doc. No. 03-2272. Filed for public inspection November 26, 2003, 9:00 a.m.]

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