Subchapter I. SOURCE REDUCTION STRATEGY
262a.100. Source reduction strategy.
§ 262a.100. Source reduction strategy.
(a) By January 17, 1994, a person or municipality that generates hazardous waste shall prepare a source reduction strategy in accordance with this section. Except as otherwise provided in this article, the strategy shall be signed by the person or municipality that generated the waste, be maintained on the premises where the waste is generated, be available on the premises for inspection by any representative of the Department and be submitted to the Department upon request. The strategy may designate certain production processes as confidential. This confidential information may not be made public without the expressed written consent of the generator. Unauthorized disclosure is subject to appropriate penalties as provided by law.
(b) For each type of waste generated, the strategy must include:
(1) A description of the source reduction activities conducted by the person or municipality in the 5 years prior to the date that the strategy is required to be prepared. The description must quantify reductions in the weight or toxicity of waste generated on the premises.
(2) A statement of whether the person or municipality established a source reduction program. This program must identify the methods and procedures that the person or municipality will implement to achieve a reduction in the weight or toxicity of waste generated on the premises, quantify the projected reduction in weight or toxicity of waste to be achieved by each method or procedure and specify when each method or procedure will be implemented.
(3) If the person or municipality has not established a source reduction program as described in paragraph (2), it shall develop a strategy including the following:
(i) A waste stream characterization, including source, hazards, chemical analyses, properties, generation rate, management techniques and management costs.
(ii) A description of potential source reduction options.
(iii) A description of how the options were evaluated.
(iv) An explanation of why each option was not selected.
(c) The strategy required by this section shall be updated when either of the following occurs:
(1) There is a significant change in a type of waste generated on the premises or in the manufacturing process, other than a change described in the strategy as a source reduction method.
(2) Every 5 years, unless the Department establishes, in writing, a different period for the person or municipality that generated the waste.
(d) If hazardous waste generated by a person or municipality will be treated, stored or disposed of at a solid waste management facility which has applied to the Department for approval to treat, store or dispose of the waste, the person or municipality that generated the hazardous waste shall submit the source reduction strategy required by this section to the facility upon the request of the facility.
(e) This section does not apply to persons or municipalities that generate a total of less than 1,000 kilograms of hazardous waste in each month of the year.
(f) A person or municipality that generates hazardous waste may reference existing documents it has prepared to meet other waste minimization requirements to comply with this section, including those proposed to comply with 40 CFR 262.41(a)(5)(7) (relating to biennial report).
Uniform Hazardous Waste Manifest and Instructions
(EPA Forms 8700-22 and 8700-22A and their instructions)
Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR Appendix to Part 262Uniform Hazardous Waste Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and their instructions).
The provisions of this § 262a.100 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § § 6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § § 6020.303 and 6020.305(e)(2)); section 5, 402 and 501 of The Clean Streams Law (35 P. S. § § 691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-20).
The provisions of this § 262a.100 amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial pages (294494) to (294495).
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