25 Pa. Code § 287.102 - Permit-by-rule
(a)
Purpose.
(1) This section
sets forth classes of facilities that are subject to permit-by-rule. A facility
will not be deemed to have a permit-by-rule if it causes or allows violations
of the act, the regulations promulgated thereunder, the terms or conditions of
a permit issued by the Department or causes a public nuisance. A facility that
is subject to permit-by-rule under this section is not required to apply for a
permit under this article or comply with the operating requirements of Chapters
288, 289, 291, 293, 295 and 297, if that facility operates in accordance with
this section.
(2) A facility is not
subject to permit-by-rule under this section unless it meets the following:
(i) The facility complies with Chapter 299
(relating to storage and transportation of residual waste), except as provided
in subsections (b)(7), (c)(3) and (i).
(ii) The facility or activity has the other
necessary permits under the applicable environmental protection acts, and is
operating under the acts and the regulations promulgated thereunder, and the
terms and conditions of the permits.
(3) A facility is not subject to
permit-by-rule under this section unless the operator prepares and maintains
the following at the facility in a readily accessible place:
(i) A copy of a Preparedness, Prevention and
Contingency (PPC) plan that is consistent with the Department's most recent
guidelines for the developement and implementation of PPC plans.
(ii) Daily records of the weight or volume of
waste that is processed, the method and location of processing or disposal
facilities for wastes from the facility, and waste handling problems or
emergencies.
(4)
Subchapter E (relating to bonding and insurance requirements) is not applicable
to facilities which are deemed to have a permit under this section.
(5) Subchapter F (relating to civil penalties
and enforcement) is applicable to facilities subject to this section.
(6) The Department may require a person or
municipality subject to permit-by-rule to apply for, and obtain, an individual
or general permit, or take other appropriate action, when the person or
municipality is not in compliance with the conditions of the permit-by-rule or
is conducting an activity that harms or presents a threat of harm to the
health, safety or welfare of the people or the environment of this
Commonwealth.
(b)
Captive processing facility. A facility that processes
residual waste that is generated solely by the operator shall be deemed to have
a residual waste processing permit under this article if, in addition to
subsection (a), the following conditions are met:
(1) Waste resulting from the processing is
managed under the act and the regulations promulgated thereunder.
(2) Processing does not have an adverse
effect on public health, safety, welfare or the environment.
(3) Processing occurs at the same
manufacturing or production facility where some or all of the waste is
generated.
(4) The operator
performs the analyses required by §§
287.131-287.133 (relating to scope;
chemical analysis of waste; and source reduction strategy), and maintains these
analyses at the facility. These analyses are not required to be submitted to
the Department except upon written request.
(5) If the waste is burned, it meets the
following:
(i) The waste is burned in an
enclosed device using controlled flame combustion and is directed through a
flue as defined in §
121.1 (relating to
definitions).
(ii) The waste has
more than 5,000 BTUs per pound.
(iii) The combustion unit recovers, exports
and delivers for use at least 50% of the energy contained in the
waste.
(iv) The amount of energy
recovered, exported and delivered by the process exceeds the amount of energy
expended in the combustion of the waste.
(6) If processing is part of an industrial or
other wastewater treatment process permitted by the Department under The Clean
Streams Law, one of the following applies:
(i)
The facility discharges into a water of the Commonwealth under the NPDES permit
or a permit issued under The Clean Streams Law, and is in compliance with the
permit.
(ii) The facility
discharges into a publicly owned treatment work and is in compliance with
applicable pretreatment standards.
(7) If a wastewater treatment process
includes the use of storage impoundments that are not in compliance with
Chapter 299, the following shall be met:
(i)
A water quality monitoring plan that meets the requirements of §§
289.261-289.268 (relating to water quality
monitoring) shall be submitted to the Department for review and approval by
July 25, 1997. The Department may waive or modify the requirements of
§§
289.261-289.268 for storage impoundments
included under this section as part of a captive facility on a case-by-case
basis, based on conditions such as the size and location of the
impoundment.
(ii) A water quality
monitoring plan shall be implemented within 6 months of the Department's
approval of the plan, unless the implementation schedule approved by the
Department provides for a longer period. A water quality monitoring plan shall
be implemented by July 4, 2002.
(iii) If, after implementation of the water
quality monitoring plan, groundwater degradation is found that can reasonably
be attributed to the storage impoundment, the operator shall comply with one of
the following:
(A) Within 6 months of the
Department's determination that degradation exists, the operator shall file a
closure plan and closure schedule. After approval of the closure plan and
closure schedule, the operator shall implement the closure plan and closure
schedule as approved by the Department.
(B) Within 6 months of the Department's
determination that degradation exists, the operator shall submit a schedule to
upgrade and operate the impoundment under Chapter 299; provided that with
respect to a storage impoundment that was permitted and constructed on or
before July 4, 1992, the Department may modify the liner and leachate
collection system requirements if the operator demonstrates that the conditions
of §
287.112(f)(1)
(relating to storage impoundments and storage facilities) are met. The schedule
to upgrade and operate the impoundment under Chapter 299 may not exceed 5
years.
(8) The
operator submits a written notice to the Department that includes the name,
address and the telephone number of the facility, the individual responsible
for operating the facility and a brief description of the
facility.
(c)
Wastewater treatment facility. A noncaptive processing
facility, other than a transfer or composting facility, shall be deemed to have
a residual waste processing permit under this article if, in addition to
subsection (a), the following apply:
(1) The
operator performs the analyses required by §§
287.131-287.134 (relating to waste
analysis) and maintains the analyses at the facility. These analyses are not
required to be submitted to the Department except upon written
request.
(2) Processing is solely
part of an industrial or other wastewater treatment process permitted by the
Department under The Clean Streams Law and one of the following apply:
(i) The facility discharges into a water of
the Commonwealth under an NPDES permit, and is in compliance with the
permit.
(ii) The facility
discharges into a publicly owned treatment work and is in compliance with
applicable pretreatment standards.
(3) If a wastewater treatment process
includes the use of storage impoundments that are not in compliance with
Chapter 299, the following shall be met:
(i)
A water quality monitoring plan that meets the requirements of §§
289.261-289.268 shall be submitted to the
Department for review and approval by July 25, 1997. The Department may waive
or modify the requirements of §§
289.261-289.268 for storage impoundments
included under this section as part of a wastewater treatment process on a
case-by-case basis, based on conditions such as the size and location of the
impoundments.
(ii) A water quality
monitoring plan shall be implemented within 6 months of the Department's
approval of the plan, unless the implementation schedule approved by the
Department provides for a longer period. A water quality monitoring plan shall
be implemented by July 4, 2002.
(iii) If, after implementation of the water
quality monitoring plan, groundwater degradation is found that can reasonably
be attributed to the storage impoundments, the operator shall comply with one
of the following:
(A) Within 6 months of the
Department's determination that degradation exists, the operator shall file a
closure plan and closure schedule. After approval of the closure plan and
closure schedule, the operator shall implement the closure plan and closure
schedule as approved by the Department.
(B) Within 6 months of the Department's
determination that degradation exists, the operator shall submit a schedule to
upgrade and operate the impoundment in accordance with Chapter 299; provided
that with respect to a storage impoundment that was permitted and constructed
on or before July 4, 1992, the Department may modify the liner and leachate
collection system requirements if the operator demonstrates that the conditions
of §
287.112(f)(1) are
met. The schedule to upgrade and operate the impoundment under Chapter 299 may
not exceed 5 years.
(4) The operator submits a written notice to
the Department that includes the name, address and the telephone number of the
facility, the individual responsible for operating the facility, and a brief
description of the facility.
(d)
Incinerator. A residual
waste incinerator located at the generation site shall be deemed to have a
residual waste permit under this article if, in addition to the requirements of
subsection (a), it processes waste that is generated solely by the operator,
processing occurs at the same production facility where some or all of the
waste is generated and it meets one of the following:
(1) The facility is not required to obtain a
permit under the Air Pollution Control Act (35 P. S. §§
4001-4015) and the regulations promulgated
thereunder.
(2) The facility has a
capacity of less than 500 pounds per hour and is permitted under the Air
Pollution Control Act.
(3) The
operator submits a written notice to the Department that includes the name,
address and the telephone number of the facility, the individual responsible
for operating the facility and a brief description of the
facility.
(e)
Beneficial use. The beneficial use of residual waste which the
Department has approved, in writing, prior to July 4, 1992, shall be deemed to
have a residual waste processing or disposal permit if the person or
municipality uses the residual waste in accordance with the terms and
conditions of the written approval and the Department has not revoked the
approval. The expiration date for permits issued pursuant to this subsection is
July 4, 2002, unless a specific permit term is written as a condition of the
prior written approval.
(f)
Mechanical processing facility. A facility for the processing
of residual waste only by mechanical or manual sizing or separation for prompt
reuse shall be deemed to have a residual waste processing permit-by-rule if it
meets the requirements of subsection (a) and submits a written notice to the
Department that includes the name, address and the telephone number of the
facility, the individual responsible for operating the facility and a brief
description of the waste and the facility. A noncaptive processing facility
that separates waste oil and water does not qualify for a permit-by-rule. A
facility for the processing of waste tires may be deemed to have a residual
waste permit by rule under this paragraph if the following are met in addition
to the requirements in this subsection and in subsection (a):
(1) The mechanical or manual sizing or
separation is conducted solely for the purpose of remediating an existing tire
pile.
(2) The mechanical or manual
sizing or separation is part of a remediation plan that has been approved by
the Department.
(3) No additional
tires are brought to the site.
(4)
The processed tires are promptly removed for offsite reuse or
disposal.
(g)
Container processing facility. A facility that processes, by
cleaning or rinsing, empty containers for refill and reuse shall be deemed to
have a residual waste processing permit if the containers are reused for their
originally intended purpose, the facility meets the requirements of subsection
(a), any rinsate or containers not reused are managed in accordance with the
applicable waste management regulations and the operator of the facility
submits written notice to the Department that includes the name, address and
the telephone number of the facility, the individual responsible for operating
the facility and a brief description of the waste and the facility.
(h)
Empty drum
reconditioning. A facility that processes, by cleaning or rinsing,
empty drums for reconditioning and reuse shall be deemed to have a residual
waste processing permit-by-rule if it meets the requirements of subsection (a)
and submits a written notice to the Department that includes the name, address
and the phone number of the facility, the individual responsible for operating
the facility and a description of the waste and the facility.
(i)
Temporary storage of residual
waste at a hazardous waste transfer facility. A facility that receives
and temporarily stores residual waste at a hazardous waste transfer facility
and that facilitates the transportation or transfer of that waste to a
processing or disposal facility shall be deemed to have a residual waste
processing permit under this article if, in addition to the requirements in
subsection (a), the following are met:
(1) The
residual waste is stored in accordance with the hazardous waste transfer
facility requirements in 40
CFR 263.12 (relating to transfer facility
requirements) as incorporated by reference in §
263a.10 (relating to incorporation
by reference and scope) and modified in §
263a.12 (relating to transfer
facility requirements). The management of residual waste shall be included in
the PPC plan submitted under § 263a.12.
(2) Residual waste may not be stored unless
there is secondary containment around the containers.
(3) The residual waste remains in its
original container and is not mixed with other waste.
(4) The containers that store residual waste
are clearly labeled with the words "residual waste."
(5) Residual waste is stored separately from
hazardous waste.
(6) Nonputrescible
residual waste is stored in accordance with the time periods specified in
§
263a.12(1).
Putrescible residual waste may not be stored for more than 24 hours.
(7) The bond required under §
263a.32 (relating to bonding)
includes coverage for the processing of residual waste.
(8) The operator submits a written notice to
the Department that includes the name, address and the telephone number of the
facility, the individual responsible for operating the facility and a brief
description of the facility.
Notes
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