25 Pa. Code § 270a.60 - Permits-by-rule
(a) Relative to the
requirements incorporated by reference, the following are substituted for the
introductory paragraph in 40
CFR 270.60 (relating to permits by rule):
(1) In addition to other provisions of this
chapter, the activities listed in this section are deemed to have a hazardous
waste management permit if the owner or operator gives prior notification to
the Department on a form provided by the Department and the conditions listed
are met.
(b) In addition
to the requirements incorporated by reference, the following requirements
apply:
(1) The owner or operator of an
elementary neutralization unit or a wastewater treatment unit is deemed to have
a permit-by-rule, if the owner or operator complies with the following
requirements:
(i) The facility treats
hazardous waste generated onsite.
(ii) The facility has an NPDES permit, if
required, and complies with the conditions of that permit.
(iii) Section
264a.11 (relating to
identification number and transporter license) and
40 CFR
264.11 (relating to identification
number).
(iv) Chapter 264a,
Subchapter D and 40 CFR Part 264 Subparts C and D (relating to preparedness and
prevention; and contingency plan and emergency procedures).
(v) 40 CFR Part 265 , Subpart Q (relating to
chemical, physical and biological treatment), except for
40 CFR
265.400 (relating to
applicability).
(vi) For the
purposes of this subsection, the owner or operator of an elementary
neutralization unit or wastewater treatment unit permit-by-rule facility may
treat wastes generated at other facilities operated or owned by the same
generator, if the generator provides prior written notice to the Department and
the wastes are shipped under a manifest in compliance with §
262a.20 and
40 CFR
262.20 (relating to general requirements; and
general requirements).
(vii) The
Department may, under special circumstances, approve on a case-by-case basis
the receipt and treatment of wastes generated offsite by a different generator
for treatment at a facility regulated under this subsection without the
treatment of the wastes resulting in the loss of permit-by-rule status under
this subsection.
(2) A
generator that treats its own hazardous waste in containers, tanks or
containment buildings is deemed to have a permit-by-rule, if the owner or
operator complies with the following requirements:
(i) The facility is a captive facility and
the only waste treated is generated onsite.
(ii) The notification requirements of
40 CFR
264.11 (relating to notification of hazardous
waste activities) and the applicable requirements of 40 CFR Part 264 , Subparts
A-D, I, J and DD and Chapter 264a, Subchapters A, B, D, I, J and DD, except for
§ 264a.18 (relating to location standards).
(iii) The applicable requirements of
40 CFR
262.34 (relating to accumulation).
(iv) Except for the characteristic of
ignitability, the hazardous waste is not being rendered nonhazardous by means
of dilution.
(v) A generator may
mix waste oil with a waste which is hazardous solely because it exhibits the
toxicity characteristic for benzene, arsenic, cadmium, chromium, lead or
ignitability, provided that the resultant mixture does not exhibit any
characteristic of hazardous waste under 40 CFR Part 261 , Subpart C (relating
to characteristics of hazardous waste) incorporated by reference in §
260a.1 (relating to incorporation
by reference, purpose, scope and applicability) and that the mixture is managed
in accordance with Chapter 298, Subchapter C (relating to waste oil
generators).
(vi) Treatment
activities subject to requirements in addition to those specified in this
section are not eligible to operate under this
permit-by-rule.
(3) The
owner or operator of a battery manufacturing facility reclaiming spent,
lead-acid batteries is deemed to have a permit-by-rule for treatment prior to
the reclamation of the spent, lead-acid batteries, if the owner or operator
complies with the following requirements:
(i)
The notification requirements of
40 CFR
264.11.
(4) The owner or operator of a facility that
reclaims hazardous waste onsite, at the site where it is generated is deemed to
have a permit-by-rule for treatment prior to the reclamation, if the owner or
operator complies with the following requirements:
(i) The notification requirements of
40 CFR
264.11.
(ii) The applicable requirements of Chapter
262a and Chapter 264a, Subchapters A, B, D, E, I, J and DD, except for §
264a.18, and
40 CFR Parts
262 and
264, Subparts A-E and I, J and
DD.
(iii) For the purposes of this
subsection, onsite reclamation includes reclamation of materials generated at
other facilities operated or owned by the same generator, if the generator
provides prior written notice to the Department and the wastes are shipped
under a manifest in compliance with § 262a.20 (relating to general
requirements) and 40 CFR Part 262.20 (relating to general
requirements).
(iv) The Department
may, under special circumstances, approve on a case-by-case basis the receipt
and reclamation of wastes generated offsite by a different generator for
reclamation at a facility regulated under this subsection without the
reclamation of the wastes resulting in the loss of onsite reclamation status
under this subsection.
(5) The owner or operator of a facility that
treats recyclable materials to make the materials suitable for reclamation of
economically significant amounts of the precious metals identified in 40 CFR
Part 266 , Subpart F (relating to recyclable materials utilized for precious
metal recovery) is deemed to have a permit-by-rule if the owner or operator
complies with the following:
(i) The
notification requirements of 40 CFR 264.11 (relating to
identification number).
(c) In addition to the requirements
incorporated by reference:
(1) With respect to
any permit-by-rule facility under subsection (b)(3)-(6), the Department may,
upon written application from a person subject to these paragraphs, grant a
variance from one or more specific provision of those paragraphs in accordance
with this subsection.
(2) In
granting a variance, the Department may impose specific conditions reasonably
necessary to assure that the subject activity results in a level of protection
of the environment and public health equivalent to that which would have
resulted from compliance with the suspended provisions. Any variance granted
under this section will be at least as stringent as the requirements of section
3010 of the RCRA (42
U.S.C.A. §
6930) and regulations adopted
thereunder.
Notes
The provisions of this §270a.60 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 § 264a.1 (relating to incorporation by reference, purpose, scope and reference); 25 Pa. Code § 265a.1 (relating to incorporation by reference, purpose, scope and applicability); 25 Pa. Code § 266a.70 (relating to applicability and requirements); 25 Pa. Code § 266a.80 (relating to applicability and requirements); and 25 Pa. Code § 270a.1 (relating to incorporation by reference, scope and applicability).
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