§ 287.9. Industry-wide coproduct determinations.
(a) Based on existing documentation for coproduct determinations, the Department may determine that, on an industry-wide basis, classes of materials are coproducts for specific uses if the following conditions are met:
(1) Chemical and physical characteristics of the material generated do not vary over time.
(2) Historical use of the material complies with industry standards and specifications.
(3) Historical use of the material over an extended time period has demonstrated that the material, when used as specified, performs as an effective substitute for an intentionally manufactured product or produced raw material.
(4) There is historical documentation that a market for the material and its use exists.
(5) Historical use of the material does not violate the Environmental Protection Acts or regulations thereunder and does not harm or present a threat of harm to public health, safety, welfare or the environment based on an evaluation under § 287.8 (relating to coproduct determinations).
(b) The Department may establish a list of approved coproducts that meet the requirements of subsection (a). The Department will publish notice of its intent to establish or modify the list in the Pennsylvania Bulletin and will establish a comment period of at least 30 days. After the close of the 30-day comment period, the Department will publish the final list or any modification to the final list in the Pennsylvania Bulletin.
(c) The Department may remove an approved coproduct from the list if it finds that one or more of the criteria used as a basis for the Departments determination was incorrect, or new information has become available that invalidates the determination. Removal of an approved coproduct from the list will be published in the Pennsylvania Bulletin with a comment period of at least 30 days. After the close of the comment period, the Department will publish any modification of the list in the Pennsylvania Bulletin.
The provisions of this § 287.9 adopted January 12, 2001, effective January 13, 2001, 31 Pa.B. 235.
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