Current through Register Vol. 54, No. 44, November 2, 2024
(a) A person or municipality may apply to the
Department for the issuance of a general permit for a category of beneficial
use of municipal waste or for a category of processing of municipal waste when
processing is necessary to prepare the waste for beneficial use.
(b) An application for the issuance of a
general permit shall be submitted on a form prepared by the Department and
shall contain the following:
(1) A
description of the waste to be covered by the general permit, including the
physical and chemical characteristics of the waste. The chemical description
shall contain an analysis meeting the requirements of §
271.611 (relating to chemical
analysis of waste) for a sufficient number of samples of the waste to represent
accurately the range of physical properties and chemical characteristics of the
waste.
(2) A description of the
proposed type of beneficial use or processing activity to be covered by the
general permit.
(3) For beneficial
use general permits, proposed concentration limits for contaminants in the
waste which is to be beneficially used, and a rationale for those
limits.
(4) For general permits
that involve beneficial use of a processed or unprocessed waste, a detailed
demonstration of the efficacy of the waste for the proposed beneficial use,
which shall include:
(i) If the waste is to
be used as a substitute for a commercial product, a demonstration that the
waste is capable of performing the desired functions of the commercial product,
and that the waste meets or exceeds applicable ASTM, Department of
Transportation or other applicable National, State, local or industry standards
or specifications for the material for which the waste is being
substituted.
(ii) If the waste is
to be used as a raw material for a product with commercial value, a
demonstration that the waste will contribute significant properties or
materials to the end product, and that the waste meets or exceeds applicable
ASTM, Department of Transportation or other applicable National, State, local
or industry standards or specifications for the material for which the waste is
being substituted.
(iii) If the
waste is to be used in general roadway application or highway construction, a
demonstration that approval has been granted by the Department of
Transportation Product Evaluation Board, if applicable, for the use of the
waste for the intended application.
(iv) If the waste is to be used as a
construction material, soil substitute, soil additive or antiskid material, or
is to be otherwise placed directly onto the land, an evaluation of the
potential for adverse public health and environmental impacts from the proposed
use of the municipal waste. The evaluation shall identify the particular
constituents of the waste which present the potential for adverse public health
and environmental impacts, and the potential pathways of human exposure to
those constituents, including exposure through groundwater, surface water, air
and the food chain. This requirement does not apply to general permits for the
land application of sewage sludge. The Department may waive or modify this
requirement in writing.
(v) If the
waste is to be used without reclamation as a construction material, soil
additive, soil substitute or antiskid material or is to be otherwise placed
directly onto the land, a demonstration that the leaching analysis of the
municipal waste to be beneficially used is no greater than 25 times the primary
maximum contaminant level (MCL) for metals and other cations and the primary
MCL for contaminants other than metals and cations.
(5) If wastes are blended for use, a
demonstration that each waste results in a beneficial contribution to the use
of the mixed waste and that the consistency of the blend will be maintained.
The applicant shall specify the quantities and proportions of all materials
included in the blended waste and the mixture shall meet appropriate standards
for use.
(6) For a mixture of
sewage sludge and residual waste, a demonstration that the following
requirements are met in addition to the other requirements of this subchapter:
(i) The person who prepares the sewage sludge
has one of the following:
(A) A permit for
operation of the facility issued by the Department under the procedures and
requirements of Chapter 91 or 92 (relating to general provisions; and National
Pollutant Discharge Elimination System) or this chapter, as
applicable.
(B) A permit for
operation of the facility in which the sewage sludge is prepared, that is
issued or modified by the State in which the facility is located or by the EPA,
from which the Department may determine that the sewage sludge and residual
waste mixture to be land applied will meet the standards in 40 CFR Part 503
(relating to standards for the use or disposal of sewage sludge).
(ii) The requirements of the
following sections are met: §§ 271.902(g), 271.904-271.907, 271.911,
271.913-271.919 and 271.931-271.933.
(c) Except as provided in subsection (d), an
application for the issuance of a general permit under this subchapter shall be
accompanied by a nonrefundable fee in the form of a check payable to the
"Commonwealth of Pennsylvania" for $1,000.
(d) An application for issuance of a general
permit that involves the mixture of residual waste and municipal waste under
this subchapter shall be accompanied by a nonrefundable fee in the form of a
check payable to the "Commonwealth of Pennsylvania" for $2,000.
(e) The Department may not waive bonding and
insurance requirements in Subchapter D (relating to financial assurances
requirements) for composting facilities, construction/demolition waste
processing facilities, facilities that process municipal waste to produce
refuse derived fuel and for other general permit activities if the waste
managed is potentially harmful or large quantities of waste are
stored.
(f) An applicant for a
general permit shall provide written notice to each municipality in which the
applicant intends to operate under a general permit, if a location is known.
Proof of this notice, including a copy of the notice and certified or
registered mail returned receipt, shall be submitted to the
Department.
This section cited in 25 Pa. Code §
271.5 (relating to public records
and confidential information); 25 Pa. Code §
271.801 (relating to scope); 25
Pa. Code §
271.811 (relating to authorization
for general permit); 25 Pa. Code §
271.824 (relating to approval or
denial of an application); 25 Pa. Code §
271.832 (relating to waiver and
modification of requirements); and 25 Pa. Code §
271.841 (relating to inclusion in
a general permit).
