25 Pa. Code § 287.7 - Determination that a material is no longer a waste
(a)
Beneficial use. As a
term or condition of a general permit for the beneficial use of residual waste,
the Department will make a determination that the waste which is beneficially
used under the permit ceases to be a waste if it is used in accordance with the
terms and conditions of the permit and does not harm or present a threat of
harm to public health, safety, welfare or the environment.
(b)
Processing.
(1) As a term or condition of an individual
or general permit for the processing of residual waste, or at the request of
the owner or operator of a processing facility subject to a permit by rule, the
Department may make a determination that, subsequent to the processing
activity, the processed waste ceases to be a waste even if it does not meet the
requirements for a coproduct.
(2)
The Department will only make this determination if the applicant demonstrates
the following to the Department's satisfaction:
(i) The waste will be used as an ingredient
in a manufacturing or production process or as a substitute for a commercial
product.
(ii) At a minimum, use of
the waste will not:
(A) Harm or present a
threat of harm to the health, safety or welfare of the people or environment of
this Commonwealth through exposure to constituents of the waste.
(B) Present a greater harm or threat of harm
than the use of the product or ingredient which the waste is
replacing.
(iii) The
physical character and chemical composition of the residual waste contributes
to the usefulness of the product, and nothing in the physical character or
chemical composition of the waste interferes with the usefulness of the
product.
(c)
Revocation of determination. The determination under this
section is automatically void, and the material is a waste, if the material is
used in a manner inconsistent with the terms under which it was determined to
no longer be a waste. The Department may revoke a determination under this
section if the use of the material does not meet the requirements of this
section.
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