[31 Pa.B. 2873]
[Continued from previous Web Page] Section 298.41. Restrictions on transporters who are not also processors or rerefiners
The Federal rules establish a specific provision governing waste oil from electrical transformers and turbines, filtered, and returned to its original use. One commentator pointed out that, where the Federal rules allow utilities to collect and filter electrical transformer and turbine oils, and return that oil to its original use, without the need for an individual permit, the proposed regulations require an individual permit in every case. The Board has modified subsection (c) of the final-form regulations to be compatible with the Federal rule.
Section 298.42. Notification.
A commentator requested clarification of what identification number is required for a waste oil transporter under this section. The Board has modified subsection (a) in the final-form regulations to indicate that a waste oil transporter or a transfer facility must have an EPA identification number.
Section 298.43. Waste oil transportation.
The proposed rulemaking specifies that waste oil transporters may only deliver waste oil to another waste oil transporter, a waste oil processing/refining facility, an off-specification waste oil burner facility or an on-specification waste oil burner facility. A commentator pointed out that noticeably absent from this list is the waste oil transfer facility. As discussed previously, while the Commonwealth's waste management regulations clearly distinguish waste transporters from owner/operators of waste transfer facilities, Federal used oil regulations blend the two together. This produced confusion in the proposed regulations as to when various sections apply to transporters only, to transfer facilities only, or to both. In subsection (a)(5) of the final-form regulations, the Board has clarified that waste oil transporters may deliver waste oil to transfer facilities.
Section 298.44. Rebuttable presumption for waste oil and flash point screening.
One commentator strongly objected to provisions in the proposed regulations that would allow waste oil transporters to apply knowledge of the halogen content of the waste oil in light of the materials or processes used to determine the total halogen content of a shipment of waste oil. The commentator indicated that the screening procedures set forth in existing waste oil permits are standards that all waste oil transporters also should be required to follow and are entirely consistent with the Department's goal of minimizing the mixing of hazardous wastes and waste oil.
The Department does not believe requiring every waste oil transporter to run total halogen determinations is necessary in every case. Existing permits for transfer facilities and processing/rerefining facilities include total halogen testing. If problems with transporters are discovered in the future due to reliance on knowledge rather than testing, the Board may reevaluate and amend the requirements in a future rulemaking. The Board decided to continue to allow knowledge of the halogen content to be applied in lieu of testing for transporters in the final-form regulations.
While halogen screening is a useful tool in detecting adulteration of waste oil by chlorinated solvents, this tool allows other types of hazardous waste to go undetected. Of particular concern are wastes that have the potential to initiate a fire during transportation, storage or processing. The Board has required flash point determinations as screening to protect facilities in existing waste oil permits from this danger. One commentator suggested the flash point requirement be expanded to include waste oil transporters or deleted as a requirement of existing permits. Since field methods to perform flash point analysis do not currently exist, the Board does not believe requiring every waste oil transporter to run flash point determinations is practical at this time. The Board has decided, however, that such screening at waste oil facilities is warranted to keep a ''level playing field'' for requirements at all Commonwealth facilities. Therefore, subsection (d) has been added on final-form rulemaking to require transfer facilities to test for flash point or perform an alternative method to screen waste oil for adulteration.
On final-form rulemaking, the heading to this section has been modified to reflect the addition of subsection (d). The Board added language to subsection (a) that requires a waste oil transporter to make a determination about halogens at the generator's location, prior to loading on the transportation vehicle. This requirement has been added to clarify that the halogen determinations must take place before mixing several generators' wastes together. Additional language has been added that requires a transfer facility to make the determination prior to the unloading of a transportation vehicle at the transfer facility to prevent the receipt of hazardous waste at the facility.
Section 298.45. Waste oil storage at transfer facility.
The proposed rulemaking included permit-by-rule provisions for satellite transfer facilities. These satellite facilities would expand the service area for the permitted facility by allowing ''milk runs'' to be made to generators of small amounts of waste oil, where the small quantities picked up from the generators would be brought to the satellite facilities and stored until the quantity is sufficient to warrant shipment to the permitted facility. Under the proposed rulemaking, the satellite facility must be covered under the bond of their main facility, hence the need for their main facility to be located within this Commonwealth and permitted by the Department.
Several comments were received on this permit-by-rule for satellite transfer facilities. Some strongly supported the permit-by-rule. Others thought it should be expanded to include out-of-state main facilities. One commentator thought all waste oil transfer facilities should be covered by permit-by-rule and not required to obtain a permit. Finally, one commentator believed the distinction between in-State and out-of-State main facilities conflicts with the safeguards afforded under the Commerce Clause of the United States Constitution and suggested the permit-by-rule be eliminated.
Due to potential environmental harm from these facilities, as well as economic hardship for their operators during times of depressed markets for waste oil, there is a very real potential for the Commonwealth to be involved in cleanups and clean-outs of these facilities. The Department believes bonding to cover these facilities is very important and that a higher degree of detailed management of waste via permits, rather than permit-by-rule, is essential. Since the Department does not issue permits to out-of-state facilities, permit-by-rule would not be an option for facilities that are satellite to waste oil transfer and processing facilities located outside this Commonwealth. To provide a ''level playing field,'' the Board has decided to delete the permit-by-rule provisions in subsection (b)(4) on final-form rulemaking.
On final-form rulemaking several small changes were made for purposes of clarification. A citation to Chapter 293 has been added to subsection (b)(1) and (3). This citation was inadvertently omitted on proposed rulemaking. Language has been added in subsection (b)(2) and (3) to clarify the requirements. The language deleted in subsection (b)(2)(ii)(B) has been deleted for stylistic purposes.
In subsection (d)(2), a minor correction regarding the condition of units has been made to conform to the Federal regulations.
On final-form rulemaking, the Board adopted new language, in subsections (f) and (g), that apply to storage tanks and containers used to store waste oil. Commentators suggested that storage requirements from Chapter 299 be incorporated for waste oil. The Board recently amended Chapter 299 of the residual waste regulations to include standards for storage of residual waste in tanks and has decided to incorporate those same standards in this section. Although the tank standards are more detailed than the Federal requirements, they are largely performance-based and represent more recent experience gained through the storage tanks program. The new language pertaining to containers is also language that was recently adopted by the Board in the amended provisions to Chapter 299.
Since the Federal regulations require aboveground storage units and pipes to be labeled ''used oil,'' commentators have objected to the proposed labeling regulations that require the words ''waste oil.'' Since the term ''used oil'' has a statutory meaning in this Commonwealth that is different than the Federal meaning, labeling waste oil tanks and pipes ''used oil'' would not be correct and would be confusing. The Board does recognize that some companies may have already been using ''used oil'' labels and has, therefore, provided a transition scheme of 2 years, in subsection (h), to comply with the new labeling requirements. Until that time, either label may be used.
The proposed rulemaking require a waste oil transporter to comply with the PPC plan and emergency procedures in the hazardous waste regulations and also with the underground storage tank and spill prevention program in Chapter 245 (relating to administration of the storage tank and spill prevention program). One commentator thought it was unclear why transporters should be subject to these requirements. The commentator also questioned why waste oil that does not exhibit any characteristics of hazardous waste should be subject to hazardous waste planning requirements in Chapter 264a, rather than the residual waste requirements.
As discussed previously, while the Commonwealth's waste management regulations clearly distinguish waste transporters from owner/operators of waste transfer facilities, Federal used oil regulations blend the two together. This produced confusion in the proposed rulemaking as to when various sections apply to transporters only, to transfer facilities only, or to both. The Board has modified this section in the final-form regulation to apply to waste oil transfer facilities rather than waste oil transporters. Subsection (j) of the final-form regulations tie the PPC plan and emergency procedures to the residual waste requirements instead of those contained in the hazardous waste regulations.
Section 298.46. Tracking.
Clarification of proposed tracking provisions with respect to the applicability of these provisions to generators who are self-transporting materials to aggregation points was requested. The commentator suggested that the Federal rule upon which this section is based is focused on situations where a generator consigns a shipment to a transporter, who takes the shipment to a processor. With the exception that the proposed regulations require intermediate rail transporters to sign the record of acceptance, the requirements in § 298.46 are identical to those found in 40 CFR 279.46 (relating to tracking). The Board decided no change is necessary.
On final-form rulemaking, subsection (b) has been added requiring labeling of transportation vehicles to identify more readily the contents of the vehicle.
Throughout this subchapter, the term ''transfer facility'' has been added to clarify those requirements that are specific to either a transporter or transfer facility. These changes are also necessary to correspond to the changes in the definition of ''waste oil transporter.''
Section 298.50. Applicability.
In subsection (c), the Board added a cross reference to Chapter 297 which contains the application and operating requirements. This cross reference was inadvertently omitted on proposed rulemaking. In addition, language has been added in subsection (c)(3) to clarify how existing general permits will be phased out.
Section 298.51. Notification.
In subsection (a), a reference to the EPA has been added to clarify the type of identification number required to be obtained by a waste oil processor or rerefiner.
Section 298.53. Rebuttable presumption for waste oil and flash point screening.
The heading to this section has been modified to reflect the addition of subsection (d). Language has been added in subsection (a) on final-form rulemaking that requires a processing/rerefining facility to make the determination prior to the unloading of a transportation vehicle at the processing/rerefining facility to prevent the receipt of hazardous waste at the facility.
In subsection (b), the words ''total halogen'' have been added for clarification.
Subsection (d) has been added on final-form rulemaking to require processing/rerefining facilities to test for flash point or perform an alternative method to screen waste oil for adulteration. This subsection has been added to be consistent with § 298.44.
Section 298.54. Waste oil management.
The proposed rulemaking incorporates closure and postclosure care requirements applicable to hazardous waste landfills where not all contaminated soil associated with the closure of aboveground waste oil storage tanks can be practicably removed. These requirements in the proposed rulemaking apply even in circumstances where the waste oil that was stored would not qualify as either a listed or characteristic hazardous waste. One commentator believes these requirements expand the scope of hazardous waste closure and postclosure obligations to aboveground storage tanks that are used to hold waste oil. The language is taken directly from the Federal used oil regulations at 40 CFR 279.54(h)(ii) (relating to used oil management). By incorporating the Federal requirements, the Board is promoting consistency between the state and Federal programs and has not changed it in the final-form regulations.
In subsection (b)(2), a minor correction regarding a performance standard for leaking has been made to conform to the Federal regulations.
On final-form rulemaking, the Board adopted new language in subsections (d) and (e) that applies to storage tanks and containers used to store waste oil. Commentators suggested that storage requirements from Chapter 299 be incorporated for waste oil. The Board recently amended Chapter 299 of the residual waste regulations to include standards for storage of residual waste in tanks and has decided to incorporate those same standards in this section. Although the tank standards are more detailed than the Federal requirements, they are largely performance-based and represent more recent experience gained through the storage tanks program. The new language pertaining to containers is also language that was recently adopted by the Board in the amended provisions to Chapter 299.
Since the Federal regulations require aboveground storage units and pipes to be labeled ''used oil,'' commentators have objected to the proposed labeling regulations that require the words ''waste oil.'' Since the term ''used oil'' has a statutory meaning in this Commonwealth that is different than the Federal meaning, labeling waste oil tanks and pipes ''used oil'' would not be correct and would be confusing. The Board does recognize that some companies may have already been using ''used oil'' labels and has, therefore, provided a transition scheme of 2 years, in subsection (f), to comply with the new labeling requirements. Until that time, either label may be used.
On final-form rulemaking, subsection (i) has been amended to include a cross reference to 40 CFR Part 112. This addition is consistent with the parallel Federal requirements.
Section 298.62. Notification.
In subsection (a), a reference to the EPA has been added to clarify the type of identification number required to be obtained by a waste oil burner.
Section 298.64. Waste oil storage.
In subsection (b)(2), a minor correction has been made to conform to the Federal regulations.
On final-form rulemaking, the Board adopted new language in subsections (d) and (e), that apply to storage tanks and containers used to store waste oil. Commentators suggested that storage requirements from Chapter 299 be incorporated for waste oil. The Board recently amended Chapter 299 of the residual waste regulations to include standards for storage of residual waste in tanks and has decided to incorporate those same standards in this section. Although the tank standards are more detailed than the Federal requirements, they are largely performance-based and represent more recent experience gained through the storage tanks program. The new language pertaining to containers is also language that was recently adopted by the Board in the amended provisions to Chapter 299.
Since the Federal regulations require aboveground storage units and pipes to be labeled ''used oil,'' commentators have objected to the proposed labeling regulations that require the words ''waste oil.'' Since the term ''used oil'' has a statutory meaning in this Commonwealth that is different than the Federal meaning, labeling waste oil tanks and pipes ''used oil'' would not be correct and would be confusing. The Board does recognize that some companies may have already been using ''used oil'' labels and has, therefore, provided a transition scheme of 2 years, in subsection (f), to comply with the new labeling requirements. Until that time, either label may be used.
In subsection (h), the Board deleted references to the Federal regulations relating to PPC plans and added a reference to the PPC plan requirements that apply to residual waste facilities to be consistent with Article IX. In addition, a cross reference to the Federal requirements for spill prevention, control and countermeasures was added on final-form rulemaking to be consistent with the Federal requirements.
Section 298.73. Notification.
In subsection (a), a reference to the EPA has been added to clarify the type of identification number required to be obtained by a waste oil fuel marketer.
F. Benefits, Costs and Compliance
Executive Order 1996-1 requires a cost/benefit analysis of the final-form regulations.
Benefits
The final-form regulations to the waste oil recycling regulations clarify existing regulations; eliminate requirements that are no longer necessary or are redundant; encourage performance-based requirements and encourage recycling. To promote recycling, the final-form regulations expand existing permit-by-rule provisions for waste oil collection facilities. These facilities will now be able to accept any type of waste oil, not just used oil from internal combustion engines or vehicles.
Compliance Costs
Generators may be most affected by the amendments. Generators of small quantities of waste oil may realize savings for storage and transportation if they transport their oil to waste oil collection facilities. Under the current regulations, generators of small quantities of waste oil would either have to use a residual waste transporter or, if transporting the waste oil themselves, comply with the residual waste transportation requirements. The final-form regulations will allow generators to self-transport up to 55 gallons of waste oil to a collection facility without having to comply with the residual waste transportation requirements.
Minor increased costs to industry will result from additional recordkeeping and labeling requirements. This information is needed to enable transporters, transfer facilities, processors/rerefiners, burners and the Department to determine whether the waste oil has been improperly mixed with a hazardous waste if the generator's waste oil contains more than 1,000 ppm total halogens. Some waste oil transfer facilities may need to upgrade their tanks and containment systems.
CESQGs of hazardous waste who also generate waste oil will experience an increase in costs. These individuals will no longer be able to dispose of their listed hazardous waste and some types of characteristically hazardous waste by mixing it with their waste oil and having the mixture burned for energy recovery. Larger generators of hazardous waste also will no longer be allowed to dispose of their listed hazardous waste and some types of characteristically hazardous waste by mixing it with their waste oil. The increase in cost will occur as a result of the need to dispose of the waste in an environmentally responsible manner.
It is projected that there will be no increase costs or savings to local governments associated with these amendments.
Compliance Assistance Plan
The Department will assist the regulated community by developing fact sheets where they would be helpful based on suggestions from industry groups. The Department's field staff will provide compliance assistance during routine facility permitting and inspections.
Paperwork Requirements
Generally, no new recordkeeping and reporting requirements have been imposed by the final-form regulations that are not already required under existing regulations. Generators of waste oil are required to maintain records documenting the characteristics of the oil used, how it became waste oil, whether it was mixed with a hazardous waste and all information used to demonstrate that any waste oil containing more than 1,000 ppm total halogens was not mixed with a hazardous waste. Record retention time, however, has been reduced from 5 to 3 years.
The generators, transporters, burners and waste oil processing/rerefining facility operators are required to keep records of the information used to determine whether waste oil containing more than 1,000 ppm total halogens was not mixed with hazardous waste. Generators, marketers, processors/rerefiners or any person who first determines that waste oil is on-specification waste oil must keep records showing why the waste oil met the specifications. Waste oil processors/rerefiners are required to maintain operating records and to have a written protocol for flash point screening, for determining if the total halogens in waste oil exceeds 1,000 ppm and, if applicable, for determining whether waste oil to be burned for energy recovery is on-specification. Waste oil processors/rerefiners are also required to maintain a much more detailed prevention, preparedness and contingency plan than required of other hazardous waste treatment facility operators. Transporters, waste oil processors/rerefiners, burners and marketers must maintain records tracking shipments of waste oil. These analytical and recordkeeping requirements are mandated by the EPA's used oil regulations.
G. Pollution Prevention
The Federal Pollution Prevention Act of 1990 established a National policy that promotes pollution prevention as the preferred means for achieving State environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally-friendly materials, more efficient use of raw materials or the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance.
The residual waste regulations require generators, including generators of waste oil from non-automotive processes, to develop source reduction strategies since 1992. The requirement to prepare source reduction strategies continues to apply to generators in this rulemaking. The existing requirements have resulted in the development of a highly successful source reduction program.
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 March 22, 1999, the Department submitted a copy of the notice of proposed rulemaking, published at 29 Pa.B. 1975, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy 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(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on April 12, 2001, these final-form regulations were deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 19, 2001, 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 final-form regulations do not enlarge the purpose of the proposal published at 29 Pa.B. 1975.
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
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, 266a, 270a, and 287 are amended by amending §§ 260a.3, 261a.5, 261a.6, 266a.100, 270a.60, 287.1, 287.51 and 287.102; by adding §§ 261a.2, 298.1, 298.2, 298.10--298.12, 298.20--298.26, 298.30, 298.31, 298.40--298.48, 298.50--298.59, 298.60--298.67 and 298.70--298.75; and by deleting §§ 266a.40--266a.44 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(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 the Senate and House Environmental Resources and Energy 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 upon publication in the Pennsylvania Bulletin.
DAVID E. HESS,
Chairperson(Editor's Note: For the text of the Independent Regulatory Review Commission document relating to this order, see 31 Pa.B. (June 2, 2001).)
Fiscal Note: (1) General Fund; (2) Implementing Year 1999-00 is $10,000; (3) 1st Succeeding Year 2000-01 is $Minimal; 2nd Succeeding year 2001-02 is $Minimal; 3rd Succeeding Year 2002-03 is $Minimal; 4th Succeeding Year 2003-04 is $Minimal; 5th Succeeding Year is 2004-05 is $Minimal; (4) Fiscal Year 1998-99 $33,123,000; Fiscal Year 1997-98 $31,139,00; Fiscal Year 1996-97 $29,469,000; (7) Environmental Program Management; (8) recommends adoption.
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 A. GENERAL § 260a.3. Terminology and citations related to Federal regulations.
(a) For purposes of interfacing with 40 CFR Parts 260--279, the following terms apply, unless otherwise noted:
(1) The terms ''Administrator,'' ''Regional Administrator,'' ''Assistant Administrator,'' ''Assistant Administrator for Solid Waste and Emergency Response'' and ''State Director'' are substituted with ''Department.''
(2) When referring to an operating permit or to the Federal hazardous waste program, ''Resource Conservation and Recovery Act (42 U.S.C.A. §§ 6901--6986),'' ''RCRA,'' ''Subtitle C of RCRA,'' ''RCRA Subtitle C'' or ''Subtitle C'' is substituted with the act.
(3) ''Environmental Protection Agency'' or ''EPA'' and all names or associated acronyms are substituted with ''Department'' except when referring to the terms ''EPA Form,'' ''EPA Identification Number,'' ''EPA Acknowledgment of Consent,'' ''EPA Hazardous Waste Number,'' ''EPA publication,'' ''EPA publication number,'' ''EPA Test Methods'' and ''EPA Guidance'' including any mailing addresses associated with these terms.
(4) ''Used oil'' is substituted with ''waste oil.''
(5) ''State,'' ''authorized state,'' ''approved state'' or ''approved program'' is substituted with ''the Commonwealth.''
(6) Whenever the regulations require compliance with procedures found in 40 CFR Part 270 (relating to EPA administered permit programs: the hazardous waste permit program), compliance is accomplished by the procedures found in Chapter 270a (relating to hazardous waste permit program).
(7) The Commonwealth equivalent of 40 CFR Part 273 (relating to universal waste management) is found in Chapter 266b (relating to universal waste management).
(8) The Commonwealth equivalent of 40 CFR Part 279 (relating to standards for the management of used oil) is found in Chapter 298 (relating to management of waste oil).
(b) Federal regulations that are cited in this article or that are cross referenced in the Federal regulations incorporated by reference include any Pennsylvania modifications made to those Federal regulations.
(c) References to 40 CFR Part 124 (relating to procedures for decision making) found in Federal regulations incorporated by reference are substituted with Pennsylvania procedures found in Chapter 270a.
(d) References to the ''Department of Transportation'' or ''DOT'' mean the United States Department of Transportation.
(e) The effective date for the Code of Federal Regulations incorporated by reference in this article is May 1, 1999. The incorporation by reference includes any subsequent modifications and additions to the CFR incorporated in this article.
CHAPTER 261a. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subchapter A. GENERAL § 261a.2. Definition of ''solid waste.''
Materials that are excluded from the definition of ''solid waste'' in 40 CFR 261.2(c)--(e) (relating to the definition of ''solid waste'') shall be managed in accordance with Chapters 287--299 (relating to residual waste management).
§ 261a.5. Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
(a) The reference to 40 CFR Part 279 in 40 CFR 261.5(c)(4) and (j) (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators) is replaced with Chapter 298 (relating to management of waste oil).
(b) In addition to the requirements incorporated by reference, a conditionally exempt quantity generator may not dispose of hazardous waste in a municipal or residual waste landfill in this Commonwealth.
(c) A conditionally exempt small quantity generator complying with this subchapter and 40 CFR 261.5 is deemed to have a license for the transportation of those conditionally exempt small quantity generator wastes generated by the generator's own operation.
§ 261a.6. Requirements for recyclable materials.
(a) The reference to ''Part 279 of this chapter'' in 40 CFR 261.6(a)(4) (relating to requirements for recyclable materials) is replaced with Chapter 298 (relating to management of waste oil).
(b) 40 CFR 261.6(c) is not incorporated by reference.
(c) Instead of 40 CFR 261.6(c), owners and operators of facilities that store or treat recyclable materials are regulated under all applicable and incorporated provisions of 40 CFR Parts 264 and 265, Subparts A--L, AA, BB, CC and DD; 40 CFR Part 264 Subpart X; 40 CFR Parts 266 and 270, except as provided in 40 CFR 261.6(a).
(1) In addition, owners and operators of facilities regulated under this section are subject to the applicable provisions of:
(i) Chapter 264a and Chapter 265a, Subchapters A, B, D, E, G--J and P.
(ii) Chapter 264a, Subchapters X and DD.
(iii) Chapters 266a and 270a.
(2) Recycling processes that are not treatment are exempt from regulation except as provided in 40 CFR 261.6(d).
(3) The sizing, shaping or sorting of recyclable materials will not be considered treatment for purposes of this section.
(d) The requirements of §§ 270a.3, 264a.82, 264a.83, 265a.82 and 265a.83 do not apply to facilities or those portions of facilities that store or treat recyclable materials.
(e) References to § 279.11 in 40 CFR 261.6 are replaced with § 298.11 (relating to waste oil specifications).
CHAPTER 266a. MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
Subchapter E. (Reserved) §§ 266a.40--266a.44. (Reserved).
Subchapter H. HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES § 266a.100. Applicability.
The reference to ''Part 279 of this chapter'' in 40 CFR 266.100(b)(1) (relating to applicability) is replaced with Chapter 298 (relating to management of waste oil).
CHAPTER 270a. HAZARDOUS WASTE PERMIT PROGRAM
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): 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 conditions listed are met. The Department may require an owner or operator with a permit-by-rule under this section to apply for, and obtain, an individual permit when the facility is not in compliance with the applicable requirements or is engaged in an activity that harms or presents a threat of harm to the health, safety or welfare of the people or the environment of this Commonwealth.
(b) In addition to the requirements incorporated by reference, the following requirements apply:
(1) The owner or operator of an elementary neutralization unit or a wastewater treatment unit is deemed to have a permit-by-rule, if the owner or operator complies with the following requirements:
(i) The facility treats hazardous waste generated onsite.
(ii) The facility has an NPDES permit, if required, and complies with the conditions of that permit.
(iii) Section 264a.11 (relating to identification number and transporter license) and 40 CFR 264.11 (relating to identification number).
(iv) Chapter 264a, Subchapter D and 40 CFR Subparts C and D (relating to contingency plan and emergency procedures; permit conditions; and changes to permit).
(v) 40 CFR Part 265, Subpart Q (relating to chemical, physical and biological treatment), except for 40 CFR 265.400 (relating to applicability).
(vi) For the purposes of this subsection, the owner or operator of an elementary neutralization unit or wastewater treatment unit permit-by-rule facility may treat wastes generated at other facilities operated or owned by the same generator, if the generator provides prior written notice to the Department and the wastes are shipped under a manifest in compliance with § 262a.20 and 40 CFR 262.20 (relating to general requirements; and general requirements).
(vii) The Department may, under special circumstances, approve on a case-by-case basis the receipt and treatment of wastes generated offsite by a different generator for treatment at a facility regulated under this subsection without the treatment of the wastes resulting in the loss of permit-by-rule status under this subsection.
(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:
(i) The facility is a captive facility and the only waste treated is generated onsite.
(ii) The notification requirements of 40 CFR 264.11 (relating to notification of hazardous waste activities) and the applicable requirements of 40 CFR Part 264, Subparts A--D, I, J and DD and Chapter 264a, Subchapters A, B, D, I, J and DD.
(iii) The applicable requirements of 40 CFR 262.34 (relating to accumulation).
(iv) Except for the characteristic of ignitability, the hazardous waste is not being rendered nonhazardous by means of dilution.
(v) A generator may mix waste oil with a waste which is hazardous solely because it exhibits the toxicity characteristic for benzene, arsenic, cadmium, chromium, lead or ignitability, provided that the resultant mixture does not exhibit any characteristic of hazardous waste under 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste) incorporated by reference in § 260a.1 (relating to incorporation by reference, purpose, scope and applicability) and that the mixture is managed in accordance with Chapter 298, Subchapter C (relating to waste oil generators).
(3) The owner or operator of a battery manufacturing facility reclaiming spent, lead-acid batteries is deemed to have a permit-by-rule for treatment prior to the reclamation of the spent, lead-acid batteries, if the owner or operator complies with the following requirements:
(i) The notification requirements of 40 CFR 264.11.
(ii) The applicable requirements of 40 CFR Part 264, Subparts A--E, I--L and DD and Chapter 264a, Subchapters A, B, D, E, I--L and DD.
(4) The owner or operator of a facility that reclaims hazardous waste onsite, at the site where it is generated is deemed to have a permit-by-rule for treatment prior to the reclamation, if the owner or operator complies with the following requirements:
(i) The notification requirements of 40 CFR 264.11.
(ii) The applicable requirements of Chapter 262a and Chapter 264a, Subchapters A, B, D, E, I, J and DD and 40 CFR Part 262 and 264, Subparts A--E and I, J and DD.
(iii) For the purposes of this subsection, onsite reclamation includes reclamation of materials generated at other facilities operated or owned by the same generator, if the generator provides prior written notice to the Department and the wastes are shipped under a manifest in compliance with § 262a.20 (relating to general requirements) and 40 CFR Part 262.20 (relating to manifest).
(iv) The Department may, under special circumstances, approve on a case-by-case basis the receipt and reclamation of wastes generated offsite by a different generator for reclamation at a facility regulated under this subsection without the reclamation of the wastes resulting in the loss of onsite reclamation status under this subsection.
(6) The owner or operator of a facility that treats 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 (relating to recyclable materials utilized for precious metal recovery) is deemed to have a permit-by-rule if the owner or operator complies with the following:
(i) The notification requirements of 40 CFR 264.11 (relating to identification number).
(ii) The applicable requirements of Chapter 264a, Subchapters A, B, D, E, I, J and DD and 40 CFR Part 264, Subparts A--D, I, J and DD.
(c) In addition to the requirements incorporated by reference:
(1) With respect to any permit-by-rule facility under subsection (b)(3)--(6), the Department may, upon written application from a person subject to these paragraphs, grant a variance from one or more specific provision of those paragraphs in accordance with this subsection.
(2) In granting a variance, the Department may impose specific conditions reasonably necessary to assure that the subject activity results in a level of protection of the environment and public health equivalent to that which would have resulted from compliance with the suspended provisions. Any variance granted under this section will be at least as stringent as the requirements of section 3010 of the RCRA (42 U.S.C.A. § 6930) and regulations adopted thereunder.
CHAPTER 287. RESIDUAL WASTE MANAGEMENT--GENERAL PROVISIONS
Subchapter A. GENERAL § 287.1. Definitions.
The following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Unconfined aquifer--An aquifer in which the uppermost surface is at atmospheric pressure.
Used or reused--A material that meets one of the following conditions:
(i) The material is employed as an ingredient, including use as an intermediate, in an industrial process to make a product. A material will not satisfy this condition if distinct components of the material are recovered as separate end products, as when metals are recovered from metal-containing secondary materials.
(ii) That material is employed in a particular function or application as an effective substitute for a commercial product.
* * * * * Waste oil--One of the following:
(i) Oil refined from crude oil or synthetically produced, used and, as a result of the use, contaminated by physical or chemical impurities.
(ii) A liquid, petroleum-based or synthetic oil, refined from petroleum stocks or synthetically produced which is used in an internal combustion engine as an engine lubricant, or as a product used for lubricating motor vehicle transmissions, gears or axles which, through use, storage or handling, has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.
* * * * *
Subchapter B. DUTIES OF GENERATORS § 287.51. Scope.
(a) A person or municipality that generates more than an average of 2,200 pounds of residual waste per generating location per month based on generation in the previous year shall comply with the biennial report and source reduction strategy requirements under §§ 287.52 and 287.53 (relating to biennial report; and source reduction strategy).
(b) A person or municipality that generates more than 2,200 pounds of residual waste per generating location in any single month in the previous year shall comply with § 287.54 (relating to chemical analysis of waste). The Department may waive or modify this requirement for individual types of waste that are generated in quantities of less than 2,200 pounds per month per generating location.
(c) Sections 287.52--287.54 (relating to biennial report; source reduction strategy; and chemical analysis of waste) do not apply to the following:
(1) Persons or municipalities that generate residual waste as a result of collecting the waste, including the collection of parts, machinery, vehicles and appliances from the repair or replacement of the parts, machinery, vehicles and appliances.
(2) Persons or municipalities that create waste from a spill, release, fire, accident or other unplanned event.
(3) Persons or municipalities that generate oil that has been used in an internal combustion engine as an engine lubricant, or as a product for lubricating motor vehicle transmissions, gears or axles which, through use, storage or handling has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.
§ 287.102. Permit-by-rule.
* * * * * (d) Incinerator. A residual waste incinerator located at the generation site shall be deemed to have a residual waste permit under this article if, in addition to the requirements of subsection (a), it processes waste that is generated solely by the operator, processing occurs at the same production facility where some or all of the waste is generated and it meets one of the following:
(1) The facility is not required to obtain a permit under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and the regulations promulgated thereunder.
(2) The facility has a capacity of less than 500 pounds per hour and is permitted under the Air Pollution Control Act.
(3) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
(e) Beneficial use. The beneficial use of residual waste which the Department has approved, in writing, prior to July 4, 1992, shall be deemed to have a residual waste processing or disposal permit if the person or municipality uses the residual waste in accordance with the terms and conditions of the written approval and the Department has not revoked the approval. The expiration date for permits issued pursuant to this subsection is July 4, 2002, unless a specific permit term is written as a condition of the prior written approval.
(f) Mechanical processing facility. A facility for the processing of residual waste only by mechanical or manual sizing or separation for prompt reuse shall be deemed to have a residual waste processing permit-by-rule if it meets the requirements of subsection (a) and submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the waste and the facility. A noncaptive processing facility that separates waste oil and water does not qualify for a permit-by-rule. A facility for the processing of waste tires may be deemed to have a residual waste permit by rule under this paragraph if the following are met in addition to the requirements in this subsection and in subsection (a):
(1) The mechanical or manual sizing or separation is conducted solely for the purpose of remediating an existing tire pile.
(2) The mechanical or manual sizing or separation is part of a remediation plan that has been approved by the Department.
(3) No additional tires are brought to the site.
(4) The processed tires are promptly removed for offsite reuse or disposal.
(g) Container processing facility. A facility that processes, by cleaning or rinsing, empty containers for refill and reuse shall be deemed to have a residual waste processing permit if the containers are reused for their originally intended purpose, the facility meets the requirements of subsection (a), any rinsate or containers not reused are managed in accordance with the applicable waste management regulations and the operator of the facility submits written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the waste and the facility.
(h) Empty drum reconditioning. A facility that processes, by cleaning or rinsing, empty drums for reconditioning and reuse shall be deemed to have a residual waste processing permit-by-rule if it meets the requirements of subsection (a) and submits a written notice to the Department that includes the name, address and the phone number of the facility, the individual responsible for operating the facility and a description of the waste and the facility.
(i) Temporary storage of residual waste at a hazardous waste transfer facility. A facility that receives and temporarily stores residual waste at a hazardous waste transfer facility and that facilitates the transportation or transfer of that waste to a processing or disposal facility shall be deemed to have a residual waste processing permit under this article if, in addition to the requirements in subsection (a), the following are met:
(1) The residual waste is stored in accordance with the hazardous waste transfer facility requirements in 40 CFR 263.12 (relating to transfer facility requirements) as incorporated by reference in § 263a.10 (relating to incorporation by reference and scope) and modified in § 263a.12 (relating to transfer facility requirements). The management of residual waste shall be included in the PPC plan submitted under § 263a.12.
(2) Residual waste may not be stored unless there is secondary containment around the containers.
(3) The residual waste remains in its original container and is not mixed with other waste.
(4) The containers that store residual waste are clearly labeled with the words ''residual waste.''
(5) Residual waste is stored separately from hazardous waste.
(6) Nonputrescible residual waste is stored in accordance with the time periods specified in § 263a.12(1). Putrescible residual waste may not be stored for more than 24 hours.
(7) The bond required under § 263a.32 (relating to bonding) includes coverage for the processing of residual waste.
(8) The operator submits a written notice to the Department that includes the name, address and the telephone number of the facility, the individual responsible for operating the facility and a brief description of the facility.
ARTICLE IX. RESIDUAL WASTE MANAGEMENT
CHAPTER 298. MANAGEMENT OF WASTE OIL Subch.
A. GENERAL B. APPLICABILITY C. WASTE OIL GENERATORS D. WASTE OIL COLLECTION CENTERS AND AGGREGATION POINTS E. WASTE OIL TRANSPORTER AND TRANSFER FACILITIES F. WASTE OIL PROCESSING/REFINING FACILITIES G. WASTE OIL BURNERS WHO BURN OFF-SPECIFICATION WASTE OIL FOR ENERGY RECOVERY H. WASTE OIL FUEL MARKETERS
Subchapter A. GENERAL Sec.
298.1. Definitions. 298.2. Scope. § 298.1. Definitions.
Terms defined in §§ 260a.1 and 260a.10 (relating to incorporation by reference, purpose, scope and applicability; and definitions) that are not defined in § 287.1 (relating to definitions) have the same meanings when used in this chapter. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Aboveground storage tank--A tank used to store or process waste oil that is not an underground storage tank.
Container--A portable device in which a material is stored, transported, treated, disposed of or otherwise handled.
Household ''do-it-yourselfer'' waste oil--Oil that is derived from households, such as waste oil generated by individuals who generate waste oil through the maintenance of their personal vehicles.
Household ''do-it-yourselfer'' waste oil generator--An individual who generates household ''do-it-yourselfer'' waste oil.
Petroleum refining facility--An establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or other processes--for example, facilities classified as SIC 2911.
Rerefining distillation bottoms--The heavy fraction produced by vacuum distillation of filtered and dehydrated waste oil. The composition of still bottoms varies with column operation and feedstock.
Tank--A stationary device, designed to contain an accumulation of waste oil which is constructed primarily of nonearthen or nonwooden materials--for example, concrete, steel, plastic--which provides structural support.
Underground storage tank--An underground storage tank as defined in § 245.1 (relating to definitions).
Waste oil aggregation point--A site or facility that accepts, aggregates or stores waste oil collected only from other waste oil generation sites owned or operated by the owner or operator of the aggregation point, from which waste oil is transported to the aggregation point in shipments of no more than 55 gallons. Waste oil aggregation points may also accept waste oil from household do-it-yourselfers.
Waste oil burner--A facility where waste oil not meeting the specification requirements in § 298.11 (relating to waste oil specifications) is burned for energy recovery in devices identified in § 298.61(a) (relating to restrictions on burning).
Waste oil collection center--A site or facility that is registered, licensed, permitted and accepts, aggregates and stores waste oil collected from waste oil generators regulated under Subchapter C (relating to waste oil generators) who bring waste oil to the collection center in shipments of no more than 55 gallons under § 298.24 (relating to offsite shipments). Waste oil collection centers may also accept waste oil from household do-it-yourselfers.
Waste oil fuel marketer--A person who conducts one of the following activities:
(i) Directs a shipment of off-specification waste oil from the person's facility to a waste oil burner.
(ii) First claims that waste oil that is to be burned for energy recovery meets the waste oil fuel specifications in § 298.11.
Waste oil generator--A person, by site, whose act or process produces waste oil or whose act first causes waste oil to become subject to this chapter.
Waste oil processing--Chemical or physical operations designed to produce from waste oil, or to make waste oil more amenable for production of, fuel oils, lubricants or other waste oil-derived products. Waste oil processing includes: blending waste oil with virgin petroleum products, blending waste oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and rerefining.
Waste oil processor/rerefiner--A facility that processes waste oil.
Waste oil transfer facility--A transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of waste oil are received or held, or both, during the normal course of transportation.
Waste oil transporter--A person who transports waste oil and a person who collects waste oil from more than one generator and transports the collected oil. Transportation may include consolidation or aggregation of loads of waste oil on the vehicle or in transportation containers. Transporters may conduct incidental waste oil separation that occurs in the normal course of waste oil transportation--for example, settling and water separation.
§ 298.2. Scope.
(a) This chapter specifies general procedures and rules for persons or municipalities who generate, manage or handle waste oil that is being recycled.
(b) Waste oil that is being recycled shall be managed in accordance with this chapter.
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