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Revisions to Municipal/Residual Waste Regulations Solid Waste Advisory Committee

Revisions to Municipal/Residual Waste Regulations Solid Waste Advisory Committee November 8, 2007. 2 nd Round Revisions to Phase 1 Chapters. Overview of changes, thus far, to Phase 1 Chapters (from September SWAC) based on comments from DEP staff, SWAC members, and other interested parties

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Revisions to Municipal/Residual Waste Regulations Solid Waste Advisory Committee

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  1. Revisions to Municipal/Residual Waste Regulations Solid Waste Advisory Committee November 8, 2007

  2. 2nd Round Revisions to Phase 1 Chapters • Overview of changes, thus far, to Phase 1 Chapters (from September SWAC) based on comments from DEP staff, SWAC members, and other interested parties • Revisions made to Chs. 271, 273 & 285 • No revisions made to Chs. 279, 281 & 286 • Revised draft Phase 1 Chapters are being posted to SWAC Web site today • Continued comments and dialog on all chapters are welcome!

  3. 2nd Round Revisions to Chapter 271, General Provisions • Definitions § 271.1 • Electronic waste, Park, Perennial stream, Commercial infectious or chemotherapeutic waste facility. • Added: CRT, Rigid plastic, White goods, Sinkhole. • Fee adjustments § 271.128 and § 271.130 • Corrected and added fees for residual waste disposal impoundments and utilization • Clarified section title • Changes to Local and Municipal Involvement Process § 271.202 • Clarified public and municipal participation in LMIP • Local AND Municipal Involvement Process

  4. 2nd Round Revisions to Chapter 273, Landfills • Liner requirements • Clarified requirements for municipal, C&D and Class I residual waste landfills • Clarified requirements for Class II residual waste landfills § 273.256a • Added text to clarify new requirements for existing C&D and Class III residual waste landfills § 273.246 • Removed application requirements for C&D landfills located in non-coal mines § 273.164 • Gas recovery • Retained current language § § 273.293 and 273.171 • Removed new requirement for energy recovery • Allows participation in carbon trade agreement

  5. 2nd Round Revisions to Chapter 273, Landfills (cont’d) • Commodity bans § 273.21 • Provision for review at least every three years • Changes to Commodity Bans: to be effective ONE YEAR from date of new regulations • Aluminum, steel and bimetallic cans • White goods and scrap metal • High-grade office paper, newsprint, corrugated paper, magazines, catalogues, and telephone directories • PETE (#1) and HDPE (#2) plastic bottles and jugs • Land clearing and grubbing waste • Wood pallets • CRTs • Waste oil and used oil filters

  6. 2nd Round Revisions to Chapter 273, Landfills (cont’d) • Changes to Commodity Bans: to be effective THREE YEARS from date of new regulations • Glass bottles and jars • Shredded tires • Unpainted wood • Yard waste • Changes to Commodity Bans: to be effective FIVE YEARS from date of new regulations • Mercury-containing devices and fluorescent bulbs • Oil-based paint • Source-separated food waste • Mattresses and box springs • Rigid plastics • Electronic waste

  7. 2nd Round Revisions to Chapter 285,Collection and Transportation of Municipal and Residual Waste • § 285.502 - Definitions: • Added "or leaseholder" to definition of transporter for consistency with Section 285.525(g) • Added definition for VIN • § 285.512(b) - deleted "and their designee" • §§ 285.512(d) & (e) and 285.523 - revised to allow application fees to be submitted by check, money order or electronically by credit card • § 285.524 - clarified that renewal applications must be submitted 90 days before the final written authorization expires. • § 285.525 - added new subsection (c) to indicate correct placement of stickers on vehicles

  8. Phase 2 Chapters • Chapter 272, Municipal Waste Planning, Recycling and Waste Reduction • Chapter 280, Beneficial Use (new) • Chapter 283, Resource Recovery and Other Processing Facilities • Chapter 284, Infectious and Chemotherapeutic Waste • Chapter 289, Residual Waste Disposal Impoundments • Chapter 291, Land Application of Residual Waste • Chapter 298, Waste Oil

  9. Chapter 272, Recycling • Municipal waste planning § 272.261 • Annual reporting requirements • Planning grants § 272.322 • Municipal recycling programs § 272.421

  10. Chapter 280, Beneficial Use • Consolidated beneficial use related provisions from Chapters 271 and 287 into new chapter • Moved waste determination to this chapter § 280.2 • Included variance from “accumulated speculatively” § 280.3

  11. Chapter 280, Subchapter B - Permit-By-Rule • §§ 280.101–280.104 • Includes existing PBRs for beneficial use and processing leading to beneficial use from Chapters 271 and 287 • New PBRs: • Liquid fuel production facility • Ethanol fuel production • Electronics recycling facility • Tire-derived fuel • Reclaimed asphalt pavement • Foundry sand in concrete and asphalt • Water treatment plant sludge

  12. Chapter 280, Subchapter C - General Permits • §§ 280.201–280.241 • All future GPs to be DEP-initiated • Dropped applications for new GPs • Authorization to operate under GPs will require registration-only (DOAs dropped) • Large mine reclamation projects (mine fills) not eligible for GPs • Transition scheme to cover existing permittees under GPs for uses that will no longer be eligible for GPs

  13. Chapter 280, Subchapter D - Individual Permits • §§ 280.301–280.314 • Beneficial use may be authorized using individual permits (IP) under Chapter 280 or other chapters • Applications for new beneficial uses will be for IPs instead of GPs • Large mine reclamation projects may be covered under IPs

  14. Chapter 280, Subchapter E - Minimum Standards • §§ 280.401–280.404 • Establishes method for determining leaching limits based on groundwater MSCs in Chapter 250 for uses with and without attenuating soils • DEP to publish total constituent levels in the PA Bulletin on a periodic basis • DEP may develop other standards for a particular waste or use if necessary to be protective or necessary to ensure use is beneficial • DEP may waive or modify standards: • That relate to SMCLs • For oil and gas brines used for road stabilization • Where use will improve existing groundwater contamination • Where the contaminant contributes directly to the beneficial use

  15. Chapter 280, Subchapter F - Sewage Sludge Land Application • §§ 280.501–280.533 • Chapter 271, Subchapter J was moved to Chapter 280 without change

  16. Chapter 280, Subchapter G - Beneficial Use of Coal Ash • §§ 280.601–280.608 • §§ 287.661-287.666 was moved to Chapter 280 with amendments • Added coal ash certification guidance requirements • Added increased monitoring frequency and more constituents recommended by National Academies of Science study

  17. Chapter 283, Resource Recovery and Other Processing Facilities • Consolidated Chapters 283 and 297 • Utilized format developed for Chapters 279 and 281 • Combined similar requirements and clarified existing language Subchapter A, General • Relocated General Provisions from Subchapter C • Siting requirements (§ 283.202) now § 283.11, and added language for Threatened/Endangered Species § 283.11(a)(7) • § 283.201 (Basic limitations) now § 283.21 (General provisions) • § 297.203 (Residual waste analysis) now § 283.22 • Relocated permit-by-rule requirements from Chapters 271 and 287 as new § 283.31 Subchapter B, Application Requirements • New Site Information section containing map and design plan requirements § 283.115 • New Facility Information section containing operational plan requirements • §§ 283.124-127

  18. Chapter 284, Infectious and Chemotherapeutic Waste • Added radiation monitoring for commercial and hospital autoclaves § 284.2(a) • PBR added for infectious and chemotherapeutic waste aggregation points § 284.3 • General Permits §§ 284.101-284.133 • All future GPs to be DEP-initiated • Dropped applications for new GPs • Authorization to operate under GPs will require registration-only (DOAs dropped) • Language added for permit renewal and modification • Added autoclave validation testing requirements § 284.322 • Modified container marking requirements § 284.416 • Added exemption for transportation of infectious substances preempted by federal requirements.

  19. Chapter 289, Residual Waste Disposal Impoundments • Siting requirements (§ 289.422 ) now § 289.11, and added language for Threatened/Endangered Species, § 289.11(a)(13) • Relocated General Provisions from Subchapter C, § 289.21 • Revised permit application requirements • Deleted Subchapter E, "Additional Requirements for Class II Residual Waste Disposal Impoundments" ( single-lined ) • Primary and secondary liners cannot be made solely of clay, bentonite, and bentonite-like materials

  20. Chapter 291, Land Application of Residual Waste • Removed permit application requirements • No new permits under this chapter • New permit applications fall under Chapter 280 • Retained General Provisions § 291.201 • Storage • Waste Analysis • Daily operation records • Annual report

  21. Chapter 298, Management of Waste Oil • Definitions • “Oil” and “ppm” added • “Waste oil transfer facility” amended to match federal counterpart • “Waste oil transporter” amended to clarify that transfers must occur at permitted facilities • Rebuttable Presumption language clarifies what levels of halogenated materials are considered significant § 298.10(b)(1)(ii) and other places in chapter • Mixtures of waste oil and characteristic hazardous waste from CESQGs can exhibit hazardous characteristics § 298.10(b)(2)(iv) • Mixtures of waste oil and municipal or residual waste are regulated § 298.10(b)(3)

  22. Chapter 298, Management of Waste Oil (cont’d) • Added TSCA PCB mixture rule § 298.10(h)(2) and PCB fuel specifications § 298.11(b) • Clarified circumstances when generators must analyze their waste oil § 298.27 • PBR added for captive waste oil transfer facilities § 298.45(b)(5) • PBR added for captive waste oil processing facilities not already covered under PBRs § 298.50(c)(4) • Added standards for disposal of waste oil § 298.81 • Banned the use of waste oil for dust and vegetation suppression § 298.82

  23. Next Steps January 2008 SWAC meeting Request SWAC’s recommendation on draft proposed regulations April 2008 Environmental Quality Board Request EQB approval of proposed rulemaking

  24. Thank You! Questions or Comments? Contact information: Kim Hoover khoover@state.pa.us 717-783-7514

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