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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter A. GENERAL


Sec.


266b.1.    Incorporation by reference and scope.
266b.2.    [Reserved].
266b.3.    Definitions.
266b.4.    Applicability—oil-based finishes.
266b.5.    Applicability—photographic solutions.

§ 266b.1. Incorporation by reference and scope.

 (a)  Except as expressly provided in this chapter, 40 CFR Part 273 (relating to standards for universal waste management) is incorporated by reference.

 (b)  In addition to the requirements incorporated by reference in 40 CFR 273.1 (relating to scope), oil-based finishes as defined in §  266b.3 (relating to definitions) are included as waste listed in the definition of ‘‘universal waste.’’

 (c)  In addition to the requirements incorporated by reference in 40 CFR 273.1, photographic solutions as defined in §  266b.3 are included as waste listed in the definition of ‘‘universal waste.’’

Authority

   The provisions of this §  266b.1 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).

Source

   The provisions of this §  266b.1 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial pages (317329) to (317330).

Cross References

   This section cited in 25 Pa. Code §  270a.1 (relating to incorporation by reference, scope and applicability).

§ 266b.2. [Reserved].


Source

   The provisions of this §  266b.2 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587; reserved January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial page (317330).

§ 266b.3. Definitions.

 In addition to the definitions incorporated by reference in 40 CFR 273.9 (relating to definitions), the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Oil-based finishes

     (i)   Any paint or other finish that may exhibit, or is known to exhibit, a hazardous waste characteristic as specified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste), or which contains a listed hazardous waste as specified in 40 CFR Part 261 Subpart D (relating to lists of hazardous wastes), and is in original packaging, or otherwise appropriately contained and clearly labeled.

     (ii)   Examples of oil-based finishes include, but are not limited to, oil-based paints, lacquers, stains and aerosol paint cans.

   Photographic solutions—Silver-bearing waste streams resulting from photographic processing solutions or rinse water.

Authority

   The provisions of this §  266b.3 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).

Source

   The provisions of this §  266b.3 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6587; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial pages (317330) and (272745).

Cross References

   This section cited in 25 Pa. Code §  261a.9 (relating to requirements for universal waste); 25 Pa. Code §  266b.1 (relating to incorporation by reference and scope); and 25 Pa. Code §  266b.2 (relating to applicability—mercury-containing devices).

§ 266b.4. Applicability—oil-based finishes.

 (a)  In addition to the requirements incorporated by reference in 40 CFR Part 273 (relating to standards for universal waste management), this chapter applies to persons managing oil-based finishes as defined in §  266b.3 (relating to definitions), except those listed in subsection (b).

 (b)  This section does not apply to persons managing the following oil-based finishes:

   (1)  Oil-based finishes that are not yet wastes under Chapter 261a (relating to identification and listing of hazardous waste). Subsections (c) and (d) describe when oil-based finishes become wastes.

   (2)  Oil-based finishes that are not hazardous waste. An oil-based finish is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste).

 (c)  Used oil-based finishes become a waste on the date they are discarded or sent for reclamation.

 (d)  Unused oil-based finishes become a waste on the date the handler discards them.

Authority

   The provisions of this §  266b.4 adopted 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).

Source

   The provisions of this §  266b.4 adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 201.

§ 266b.5. Applicability—photographic solutions.

 (a)  In addition to the requirements incorporated by reference in 40 CFR Part 273 (relating to standards for universal waste management), this chapter applies to persons managing photographic solutions as defined in §  266b.3 (relating to definitions), except those listed in subsection (b).

 (b)  This section does not apply to persons managing the following photographic solutions:

   (1)  Photographic solutions that are not yet wastes under Chapter 261a (relating to identification and listing of hazardous waste). Subsections (c) and (d) describe when photographic solutions become wastes.

   (2)  Photographic solutions that are not hazardous waste. A photographic solution is a hazardous waste if it exhibits one or more of the characteristics identified in 40 CFR Part 261, Subpart C (relating to characteristics of hazardous waste).

 (c)  Used photographic solutions become a waste on the date they are discarded or sent for reclamation.

 (d)  Unused photographic solutions become a waste on the date the handler discards them.

Authority

   The provisions of this §  266b.5 adopted 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).

Source

   The provisions of this §  266b.5 adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 201.



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