(a) Except as expressly provided in this
chapter, the requirements of 40 CFR Part
264 and its appendices (relating to
standards for owners and operators of hazardous waste treatment, storage, and
disposal facilities) are incorporated by reference.
(b) Relative to the requirements incorporated
by reference:
(1)
40 CFR
264.1(f) (relating to
purpose, scope and applicability), regarding state program authorization under
40 CFR Part
271 (relating to requirements for authorization of state hazardous
waste programs) and Appendix VI to Part 264-(relating to political
jurisdictions in which compliance with
40 CFR
264.18(a) must be
demonstrated) are not incorporated by reference.
(2) Instead of
40 CFR
264.1(b), this chapter
applies to an owner or operator of facilities which treat, store or dispose of
hazardous waste in this Commonwealth, except as specifically provided in this
chapter, Chapters 261a and 266a and §
270a.60 (relating to
identification and listing of hazardous waste; standards for the management of
specific hazardous wastes and specific types of hazardous waste management
facilities; and permits-by-rule).
(3) Instead of
40 CFR
264.1(g)(2), this chapter
does not apply to the owner or operator of a facility managing recyclable
materials described in 40
CFR
261.6(a)(2)-(4)
(relating to requirements for recyclable materials) except to the extent the
requirements are referred to in Chapter 266a, Subchapters C, E, F, G or §
270a.60.
(4)
40 CFR
264.1(g)(6) (relating to
elementary neutralization unit and wastewater treatment unit) is not
incorporated by reference. The owner or operator of an elementary
neutralization unit or wastewater treatment unit may satisfy permitting
requirements by complying with § 270a.60(b)(1).
(5) This chapter does not apply to handlers
and transporters of universal wastes identified in 40 CFR Part
273 (relating to
standards for universal waste management) or additional Pennsylvania-designated
universal wastes identified in Chapter 266b (relating to universal
wastes).
Notes
The
provisions of this §264a.1 amended January 9, 2009,
effective 1/10/2009, 39 Pa.B.
201.
The provisions of this §264a.1 amended under sections 105,
402 and 501 of the Solid Waste Management Act (35 P. S. §§
6018.105,
6018.402 and
6018.501); sections 303 and
305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. §§
6020.303 and
6020.305(e)(2)); section 5,
402 and 501 of The Clean Streams Law (35 P. S. §§
691.5,
691.402 and
691.501); and section 1920-A
of The Administrative Code of 1929 (71 P. S. §§
510-20).
This section cited in 25 Pa. Code §
298.12 (relating to prohibitions);
25 Pa. Code §
298.20 (relating to
applicability); 25 Pa. Code §
298.52 (relating to general
facility standards); 25 Pa. Code §
298.54 (relating to waste oil
management); 25 Pa. Code §
298.61 (relating to restrictions
on burning); and 25 Pa. Code §
298.62 (relating to
notation).
