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Revisions to Municipal/Residual Waste Regulations Solid Waste Advisory Committee September 13, 2007

Revisions to Municipal/Residual Waste Regulations Solid Waste Advisory Committee September 13, 2007. Major Revisions . Consolidated similar chapters Clarified and revised definitions Developed additional permits-by-rule as component of a permit hierarchy

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Revisions to Municipal/Residual Waste Regulations Solid Waste Advisory Committee September 13, 2007

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  1. Revisions to Municipal/Residual Waste Regulations Solid Waste Advisory Committee September 13, 2007

  2. Major Revisions • Consolidated similar chapters • Clarified and revised definitions • Developed additional permits-by-rule as component of a permit hierarchy • Incorporated potential commodity landfill bans • Added local approvals for permit reviews • Revised environmental assessment and harms-benefits test • Addressed in regulation that landfill gas management is not a benefit • Revised 10-year landfill permit terms

  3. Chapter Review Schedule Phase 1: September 2007 • Chapter 271, General Provisions • Chapter 273, Landfills • Chapter 279, Transfer Facilities • Chapter 281, Composting Facilities • Chapter 285, Collection and Transportation of Municipal and Residual Waste • Chapter 286, Storage of Municipal and Residual Waste (new)

  4. Chapter Review Schedule(cont’d) • Phase 2: November 2007 • 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

  5. Permit Hierarchy • Definition of waste • Permit-by-rule (PBR; simplified standards) • General permit (DEP-generated) • Basic individual permit (including beneficial use) • Full individual permit (landfills; resource recovery facilities)

  6. Chapter 271, General Provisions Combined MW and RW definitions and added new definitions to § 271.1 New draft definition of waste: Waste - (i) A material for which its original purpose has been completed and which is directed to a disposal, processing or beneficial use facility or is otherwise disposed, abandoned, discarded, processed, or beneficially used; byproducts of an industrial or commercial process, contaminated soil, contaminated water, contaminated dredge material, and spent material.

  7. Waste Definition (cont’d) (ii) The term does not include the following: (A)Source separated recyclable materials. (B)Coproducts. (C)Clean fill. (D)Materials that are able to be used or reused, without further processing, as an ingredient in an industrial process to make a product or employed in a particular function or application as an effective substitute for a commercial product, provided the following conditions are met: (1)Materials are not being accumulated speculatively. (2)Materials are stored in accordance with Chapter 286 (relating to storage of municipal and residual waste).

  8. Waste Definition (cont’d) (E) Materials that require further processing in order to be able to be used or reused as an ingredient in an industrial process to make a product or employed in a particular function or application as an effective substitute for a commercial product, provided the following conditions are met: (1)Materials are not being accumulated speculatively. (2)Materials are stored in accordance with Chapter 286 (relating to storage of municipal and residual waste). (3) The processing is performed at the generation site or at a facility owned or operated by the generator. (4) Materials do not harm or present a threat of harm to public health, safety, welfare or the environment.

  9. Permits-by-Rule • Existing PBRs: captive processing, mechanical processing, incinerator, yard waste composting, container processing facility, empty drum processing, temporary storage at HW facility, septage treatment facility, wastewater treatment facility, captive RW burning for energy recovery. • Proposed PBRs: electronics recycling, rural transfer station, C/D transfer station, MW in-transit storage, foundry sand, ethanol fuel, liquid fuel, tire-derived fuel, drinking water treatment plant sludge, recycled asphalt pavement.

  10. Chapter 271, General Provisions (continued) • Local Municipal Involvement Process revised to precede the permit application submittal § 271.202 • Places responsibility on applicant to manage LMIP • Early and direct local government involvement • Coordination with DEP still required • Environmental Assessment. § 271.126 • Added property values as part of EA • Requiring environmental mitigation • Applies to landfills, resource recovery and processing facilities, and transfer facilities

  11. Chapter 271, General Provisions (continued) • Harms-Benefits test. § 271.127 • Harms-benefit balancing applies to landfills and resource recovery facilities • Added language to clarify what is not a benefit: • Actions required by law or regulation • Payment of mandated fees • Landfill gas recovery • Charitable contributions

  12. Chapter 271, General Provisions (continued) • Consolidated Chapters 271 and 287 requirements for MW and RW • Created new Chapter 280 for beneficial use • Changed what is considered major permit modifications • Phased-in bonding for processing facilities must cover at least the percentage of the capacity being utilized • Chemical analysis of residual waste has been modified to require sampling information, use of an accredited laboratory, and to not require all laboratory QA/QC procedures to be provided • Waste acceptance (analysis) plan has been expanded to include special handling wastes and to consider air resource protection and waste compatibility

  13. Chapter 273, Landfills • Commodity bans. § 273.21 • Potential bans are identified that require further discussions based on markets, infrastructure and other factors • Items Currently Banned • Explosive waste • Lead acid batteries • Loads primarily composed of leaf waste • Source-separated recyclable materials • Whole waste tires • Special handling, residual waste, and liquid waste, unless approved in the permit • Radioactive materials • Processed construction and demolition waste at an unlined facility

  14. Chapter 273, Landfills (continued) • Additional Potential Bans (to be effective with new regulations) • Clear and colored glass • Aluminum, steel and bimetallic cans • Plastic • Office paper • Newsprint • Corrugated and other marketable paper • Yard waste • Land clearing and grubbing organic materials • Used oil filters • White goods • Waste tires (including shredded)

  15. Chapter 273, Landfills (continued) • Future Potential Bans (to be effective in 5 years or later) • Mercury-containing wastes • Electronic waste • Source-separated food waste • Unpainted wood and wood pallets • Scrap metal

  16. Chapter 273, Landfills (continued) • Consolidated all landfill requirements (MW, RW, C/D) to Chapter 273 • C/D landfills to follow MW landfill requirements Subchapter A, General • Relocated General Provisions from Subchapter C • Siting requirements (§ 273.202) now § 273.11, and added language for Threatened/Endangered Species (§ 273.11(a)(19)) • § 273.201 (Basic limitations) now § 273.21 (General provisions); expanded landfill bans in § 273.21(d) • § 273.203 (Certification) now § 273.22 • § 273.204 (Waste analysis) now § 273.23 • Added RW acceptance requirements (§ 273.24—273.26)

  17. Chapter 273, Landfills (continued) Subchapter B, Application Requirements • Eliminated the two-phase application process (§ 273.101—192) • Consolidated similar application requirements from the previous Phase I and II application • § 273.131 (old Phase II Basic requirements) incorporated into § 273.111 (General) • § 273.132 (old Phase II Operation plan) incorporated into § 273.112 (Facility plan) and renamed § 273.112 Project plans • § 273.133 (old Phase II Map and grid requirements) incorporated into § 273.113 (Maps and related information) • Relocated capacity language from § 271.202(f); now § 273.138(a) • Added requirement for submission of a waste transportation safety plan (§ 273.140b)

  18. Chapter 273, Landfills (continued) Subchapter C, Operating Requirements • Added language to require collection of gas for energy production (§ 273.293(a)) • Added requirement for reporting overweight vehicles on a monthly basis (§ 273.311a) • Added $4/ton disposal fee by statute for MW landfills (§ 273.317)

  19. Chapter 279, Transfer Facilities • Consolidated Chapters 279 and 293 • Relocated General Provisions from Subchapter C § 279.11 • Siting requirements (§ 279.202) now § 279.11, and added language for Threatened/Endangered Species § 279.11(a)(7) • § 279.201 (Basic limitations) now § 279.21 • Added PBRs for Rural, C/D, and In-transit transfer stations § 279.31 • Revised permit application requirements • Site information and maps § 279.112 • Project narrative § 279.124

  20. Chapter 281, Composting Facilities • Consolidated Chapters 281 and 295 • Relocated General Provisions from Subchapter C § 281.11 • Siting requirements (§ 281.202) now § 281.11, and added language for Threatened/Endangered Species § 281.11(a)(9) • § 281.201 (Basic limitations) now § 281.21 • Compost PBR is now § 281.31 and guidance document’s enforceable standards are added to the PBR regulation; e.g. siting requirements • Revised permit application requirements • Site information and maps § 281.112 • Project narrative § 281.124

  21. Chapter 285, Collection and Transportation • Added Act 90 (Waste Transportation Safety Act) requirements in new Subchapters E and F. • Consolidated Chapters 285 and 299 • Relocated Subchapter A (Storage) to new Chapter 286 to keep all waste transportation regulations in one chapter • § 285.211 - Added provisions for source-separated recyclables and source-separated yard waste • Where language differed slightly between MW and RW, the clearer version of language was retained

  22. Chapter 286, Storage of MW and RW (new) • New chapter relocated from Subchapter A § 285.101 • Consolidated Chapters 285 and 299 • Waste tire storage §286.61-69 • Where language differed slightly between MW and RW, the clearer version of language was retained

  23. Next Steps November 2007 SWAC Meeting • Revisit Phase 1 Chapters • Review Phase 2 Chapters 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! Contact information: Kim Hoover khoover@state.pa.us 717-783-7514

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