Current through Register Vol. 54, No. 44, November 2, 2024
(a) In
addition to meeting the conditions of the definition of "coproduct" in §
287.1 (relating to definitions), a
person performing a coproduct determination shall evaluate chemical composition
and threat of harm to the environment and public health in accordance with this
section. A proposed coproduct may not present a greater threat of harm to human
health and the environment than use of an intentionally manufactured product or
produced raw material. A greater threat of harm is presented if one of the
following is met:
(1) For comparison of the
proposed coproduct with a product or produced raw material, hazardous or toxic
constituents are present at elevated levels unless an assessment of hazardous
and toxic constituents demonstrates that the constituents are not biologically
available.
(2) For a proposed
coproduct where no product or produced raw material will be replaced, an
assessment of hazardous and toxic constituents demonstrates that the
constituents are not biologically available.
(b) If the proposed coproduct is being
compared to an intentionally manufactured product or produced raw material, a
person performing a coproduct determination shall demonstrate that the use of a
proposed coproduct does not present a greater threat of harm to human health
and the environment by performing the following:
(1) An evaluation to determine which, if any,
hazardous or toxic constituents are present in the proposed coproduct at levels
exceeding those found in the material it is replacing.
(2) An evaluation of the total levels of
hazardous or toxic constituents, including the constituents in 40 CFR Part 261
, Appendix VIII (relating to hazardous constituents) as incorporated by
reference in §
261a.1 (relating to incorporation
by reference, purpose and scope), to determine whether the total levels of
constituents contained in the proposed coproduct exceed the total levels found
in the intentionally manufactured product or produced raw material it is
replacing. Based on generator knowledge, if a hazardous or toxic constituent is
not present evaluation of total levels is not required.
(3) An evaluation of the levels of leaching
of hazardous or toxic constituents, including the constituents in 40 CFR Part
261 , Appendix VIII as incorporated by reference in §
261a.1, to determine whether the
levels of leaching from the proposed coproduct exceed the levels of leaching
from the manufactured product or produced raw material it is replacing. A
leaching procedure shall be performed that is appropriate for the intended use
of the proposed product. Based on generator knowledge, if a hazardous or toxic
constituent is not present evaluation of leaching levels is not
required.
(4) The routes of
exposure to humans and ecological receptors shall be identified. These routes
of exposure shall include ingestion, inhalation, dermal contact, leaching to
the groundwater, plant uptake and surface runoff potential. Mitigating
circumstances, such as protective gear worn by workers to reduce exposure
during processing or application of the proposed coproduct, shall be
identified.
(5) The use of a 95%
upper confidence interval, using the "Test Methods for Evaluating Solid
Waste" (EPA SW-846), may be applied to the comparisons of constituent
levels between the proposed coproduct and the intentionally manufactured
product or produced raw material it is replacing.
(c) If the proposed coproduct is not being
compared to an intentionally manufactured product or produced raw material, a
person performing a coproduct determination shall demonstrate that the proposed
coproduct does not present a threat of harm to human health and the environment
and the hazardous or toxic constituents are not biologically available by
performing the following:
(1) An evaluation of
the total levels of hazardous or toxic constituents, including the constituents
in 40 CFR Part 261 , Appendix VIII as incorporated by reference in §
261a.1. Based on generator knowledge, if a hazardous or toxic constituent is
not present evaluation of total levels is not required.
(2) An evaluation of the levels of leaching
of hazardous or toxic constituents, including the constituents in
40 CFR Part
261, Appendix VIII as incorporated in §
261a.1. Based on generator knowledge, if a hazardous or toxic constituent is
not present evaluation of leaching levels is not required.
(3) The routes of exposure to humans and
ecological receptors shall be identified. These routes of exposure include
ingestion, inhalation, dermal contact, leaching to the groundwater, plant
uptake and surface runoff potential. Mitigating circumstances, such as
protective gear worn by workers to reduce exposure during processing or
application of the proposed coproduct, shall be identified.
(4) The use of a 95% upper confidence
interval, using the "Test Methods for Evaluating Solid Waste"
(EPA SW-846), may be applied to the analytical results of the constituents
evaluated.
(d) A person
who completes a coproduct determination shall maintain documentation supporting
the determination. This documentation shall be available to the Department upon
request.
(e) A person who completes
a coproduct determination shall provide documentation supporting the
determination to persons selling, transferring, possessing or using the
material.
This section cited in 25 Pa. Code §
287.1 (relating to definitions);
and 25 Pa. Code §
287.9 (relating to industry-wide
coproduct determinations).
