Residual Waste General Permit WMGR096 Proposed Revisions
[51 Pa.B. 3208]
[Saturday, June 5, 2021]
Under the authority of the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003) and the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. §§ 4000.101—4000.1904), the Department of Environmental Protection (Department) is providing notice of proposed revisions to General Permit No. WMGR096. This General Permit authorizes the beneficial use of regulated fill as a construction material. Under General Permit No. WMGR096, regulated fill may only be moved to a property that is approved for construction and meets one of the following criteria:
• The property is zoned and used exclusively for commercial and industrial uses.
• The property is unzoned but exclusively used for commercial and industrial uses (excluding parks, playgrounds, nursing homes, childcare facilities, schools or other residential-style facilities or recreation areas).
General Permit No. WMGR096 does not authorize blending or processing of fill with the purpose of meeting the concentration limits specified in Table GP-1 of the permit.
The proposed revisions to WMGR096 consist of the following:
• Revisions to the definition section. All applicable definitions have been deleted from WMGR096 and a reference to the Management of Fill Policy (MoFP), Document No. 258-2182-773, has been added.
• Clarification to language that dictates where regulated fill material may be beneficially used, including the exclusion of agriculturally zoned areas from areas where regulated fill may be beneficially used.
• Addition of language in Section A that allows material previously used under WMGR096 to remain in place in instances where the regulated fill concentration limits become more restrictive. If the regulated fill material is moved to a new beneficial use site, the regulated fill concentration limits in effect at that time will apply. This language matches companion language in the MoFP regarding the applicability of the policy to previously placed fill.
• Changes to the definition of ''approved for construction'' which includes criteria that a site needs to meet for general permit coverage to be issued.
• Deletion of the definition of ''brownfield'' because the aforementioned clarifications to the areas where regulated fill material can be beneficially used renders this definition moot.
• Update to the definition of the term ''promptly'' to allow permittees to justify a longer timeframe after filling operations have been completed prior to construction activities beginning. The current definition of the term ''promptly'' includes a 1-year timeframe by which construction activities must occur after filling operations have ceased.
• Update to the language pertaining to polychlorinated biphenyls (PCB) in the definition of ''regulated fill concentration limits'' which now conveys to permittees that regulated fill containing PCBs in excess of 2 parts per million (ppm) may be subject to further regulation under the Toxic Substances Control Act (act) (15 U.S.C.A. §§ 2601—2697) and 40 CFR Part 761 (relating to polychlorinated biphenyls (PCBs) manufacturing, processing, distribution in commerce, and use prohibitions), which is administered and implemented by the Environmental Protection Agency (EPA).
• Addition of language in Condition C.12.d. that requires new permittees to demonstrate that their project meets the definition of ''approved for construction'' and affords existing permittees 2 years to demonstrate that their existing operations meet the definition of ''approved for construction.''
• Clarification to the language in Condition C.16. regarding the fulfillment of a traffic impact assessment or traffic impact study.
• Clarification to language in Condition D.1.b., relating to a permittee's demonstration that regulated fill associated with its project meets the engineering requirements and specifications for the construction activity proposed after filling operations are completed.
• Addition of Condition D.1.c., which states that permittees must adequately track and document the placement location for each source of regulated fill material.
• Update to condition D.1.f. to be consistent with the updates to the definition of ''promptly.''
• Deletion of the term ''metals'' from Condition D.3.b. pertaining to the constituents that may not exceed background levels at a receiving site.
• Deletion of language in Condition D.9.a., that authorizes regulated fill to be placed in waters of this Commonwealth.
• Addition of language to Condition D.24., that requires permittees to maintain a general liability insurance policy until the permittee submits a completed Form 19R (Certification of Facility Construction Activity) once construction activities are completed at the beneficial use site.
• Update to Condition E.2., to be consistent with the MoFP.
• Clarification to Condition E.3., which informs permittees that regulated fill containing a concentration of PCBs greater than 2 ppm may be subject to further regulation under the act and 40 CFR Part 761, which is administered and implemented by the EPA.
• Deletion of Condition E.5.b.iii., which requires proof that an EPA Region 3 PCB Coordinator approved acceptance at the receiving site for PCB results over 2 ppm.
• Addition of Condition E.5.c., which requires the individuals who are making the determination that regulated fill meets the regulated fill concentration limits to certify that the information contained in their determination is true and correct to the best of their knowledge.
• Addition of Condition E.5.d., which authorizes permittees to begin beneficial use of new sources 15 business days after the Department receives the written request. Additionally, in instances where new sources should not be accepted but the Department has not made a determination within 15 business days, permittees may not begin beneficial use of a new source if the new source submittal is deficient, or the Department otherwise notifies the permittee that the new source cannot be accepted.
• Clarification to Condition G.1., regarding the annual deed notice. The condition now requires permittees to update the deed notice annually and upon completion of filling activities, and only requires permittees to include:
o Information about the exact location of regulated fill at the site, using longitude and latitude coordinates, and
o Language stating that anyone reviewing the recorded deed may contact the Department for more information about the permitted activities at the site.
• Update to Condition G.3.c.iii., which requires permittees to include the placement locations of each source of regulated fill beneficially used in the preceding calendar year as required in Condition D.1.c.
• Update to Condition G.3.c.ix, which requires permittees to provide proof of an annually updated deed notice, to match the language in Condition G.1.
Interested persons may submit written comments on the proposed modifications and renewal of General Permit No. WMGR096 through Tuesday, August 3, 2021. Comments submitted by facsimile will not be accepted. Comments, including comments submitted by e-mail, must include the commentator's name and address. Commentators are strongly encouraged to submit comments using the Department's online eComment tool at www.ahs.dep.pa.gov/eComment or by e-mail to email@example.com. Written comments can be mailed to the Policy Office, Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Use ''General Permit WMGR096'' as the subject line in written communication.
Questions regarding the draft general permit can be directed to Chris Solloway, Division of Municipal and Residual Waste, Bureau of Waste Management, at firstname.lastname@example.org or (717) 787-7381. Persons in need of accommodations as provided for in the Americans with Disabilities Act of 1990 should contact Chris Solloway at (717) 787-7381 or through the Pennsylvania Hamilton Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users) to discuss how the Department may accommodate their needs.
[Pa.B. Doc. No. 21-898. Filed for public inspection June 4, 2021, 9:00 a.m.]
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