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Revisions to Municipal/Residual Waste Regulations
PA Department of Environmental ProtectionSolid Waste Advisory Committee
January 16, 2008
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Summaries for All Proposed Chapters
Summaries provide the key revisions within all chapters of the proposed municipal and residual waste regulations.
Revised regulations and summaries are posted to Solid Waste Advisory Committee Web site:
http://www.dep.state.pa.us/dep/subject/advcoun/solidwst/swac.htm
Continued comments and dialog on all chapters are welcome.
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Further Revisions
Based on comments from DEP staff, SWAC members, and other interested groups, further revisions were made to:
Chapter 271 General Provisions Chapter 272 Municipal Waste Planning, Recycling and
Waste Reduction Chapter 273 Landfills Chapter 283 Resource Recovery and Other Processing
Facilities Chapter 285 Collection and Transportation
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Section 271.1 Definitions Access road – deleted “including approach routes” from draft. Approach routes – added “Public” routes to draft. Local municipalities – deleted “municipalities adjacent to the host
municipality or municipalities” and “may” demonstrate from draft.
Section 271.104 Emergency disposal or processing Missing residual waste regulation from Chapter 287 was added.
Section 271.421 Administrative inspections Inspection frequencies were modified.
Subchapter K Duties of Residual Waste Generators Changes to existing Subchapter B in Chapter 287 were bolded and
underlined.
Chapter 271, General Provisions
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Chapter 273, Landfills Section 273.11 Areas where landfills are prohibited
“Recharge area” added and “Valley, ravine, head of hollow” deleted for clarity.
Sections 273.21, 112, 196, and 311 Commodity bans were revised.
Banned materials are listed on the next two slides. Project plans to address banned materials were added. “Cost effective” recycling plan language was deleted. Daily operation records were expanded to include banned
materials. Sections 273.22, 117, and 161
Attenuating soil language was changed. Section 273.232 (g) Daily cover
New language to clarify alternative daily cover limit.
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Changes to Commodity Bans: Phase 1 to be effective 60 DAYS from date of new regulations
White goods and scrap metal CRTs Waste oil and used oil filters Aluminum, steel and bimetallic cans Shredded tires
Chapter 273, Landfills (cont’d)
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Changes to Commodity Bans: Phase 2 to be effective TWO YEARS from date of new regulations
Land clearing and grubbing waste Wood pallets and unpainted wood High-grade office paper, newsprint, corrugated paper, magazines, catalogues, and telephone
directories PETE (#1) and HDPE (#2) plastic bottles and jugs Glass bottles and jars Yard waste (leaf waste and grass clippings)
Changes to Commodity Bans: Phase 3 to be effective FOUR YEARS from date of new regulations
Mercury-containing devices and bulbs Oil-based paint Source-separated food waste Mattresses and box springs Rigid plastics Electronic waste Carpeting
Chapter 273, Landfills (cont’d)
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Chapter 283, Resource Recovery Facilities
Sections 283.21, 261 and 281 Commodity ban language was added “Cost effective” recycling plan language was deleted. Daily operation records were expanded to include
banned materials. Section 283.214 (b) Measurement and inspection of waste
Existing language was reinstated.
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Chapter 285, Collection and Transportation
Section 285.211 (f) General Requirements Waste transporters need to comply with banned
material regulations was added.
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Chapter 272, Recycling Section 272.234 Municipal Responsibilities
Municipal Waste Planning requirement for adequate waste transportation and collection and recycling was added.
Prevention of illegal disposal was added. Proper recycling of banned materials was added.
Sections 272.223 (b) and (e)(6) Plan Content Inventory of illegal dumping and litter in county plan was deleted.
Section 272.341 (16) Grants for County Recycling Coordinators New recycling education requirement was deleted because it is
covered in existing Section 272.341 (6).
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Major Changes
Modified definition of Waste for residual and municipal materials Changes to Environmental Assessment process
Changes to Permit Terms
Changes to Local Municipal Involvement Process
Chapter 271, General Provisions
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Definition of Waste (cont)Waste— (i) A material [whose] for which its original purpose has been completed
and which is directed to a disposal, processing or beneficial use facility or is otherwise disposed [of], abandoned, discarded, processed or beneficially used.
(ii) The term does not include the following: (A) [source]Source-separated recyclable materials[, materials approved
by the Department for beneficial use under a beneficial use order issued by the Department prior to May 27, 1997, or material which is beneficially used in accordance with a general permit issued under Subchapter I or Subchapter J (relating to beneficial use; and beneficial use of sewage sludge by land application) if a term or condition of the general permit excludes the material from being regulated as a waste].
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Definition of Waste (cont) (B) [Coproducts.] Materials that are used as a fuel in an air contamination
source vented to the outdoor atmosphere authorized by the Department pursuant to Chapter 127, limited to the following:
(I) Specification waste oil as defined in § 298.11 Table 1. (II) Uncontaminated wood chips and saw dust. (III)Whole tires, tire chips, and non-chlorinated plastics used in a combustion
source with a rated heat input greater than 2.5 MMBTU/hr. (C) Clean fill. (D) Materials that are not reclaimed and are able to be used or reused as an
ingredient in an industrial process to make a product or employed in a particular function or application as an effective substitute for a commercial product, provided the following conditions are met:
(I) Materials are not being accumulated speculatively. (II) Materials are stored, managed and used in a manner similar to the material
it replaced that does not create a harm or threat of harm to public health or safety or to the environment, and does not create odors, dust, unsightliness or other public nuisances.
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Definition of Waste (cont) (E) Materials that are reclaimed and are able to be used or reused as an
ingredient in an industrial process to make a product or employed in a particular function or application as an effective substitute for a commercial product, provided the following conditions are met:
(I) All conditions identified in clause (D) (I) – (II). (II) Materials are managed by the generator or reclaimed under the control
of the generator. (F) Materials that are no longer determined to be a waste in accordance
with § 280.2 (relating to beneficial use).
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Definition of Waste (cont)Current Residual Discarded or abandoned Contaminated soil, water, dredge
material, spent material Not waste: Contaminated soil,
water, dredge material, spent material
Not waste: Materials from animal food processing used as ingredient in product; steel slag used for pH treatment or on-site as aggregate; Used or reused as ingredient, employed in a particular function, substitute for a commercial product provided no reclamation
Proposed Res. and Mun. Discarded or abandoned Not waste: Source separated recyclables Not waste: Certain materials used for
energy recovery, including tires, plastics, saw dust, wood chips
Not waste: Clean fill (soil, brick, block and concrete) meeting Act 2 based limits
Not waste: Used or reused as ingredient, employed in particular function, substitute for commercial product
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Definition of Waste (cont)Current Residual Not waste: Coproducts used for
land application and energy No reclamation w/o permit (gp,
pbr) Person claiming not a waste is
responsible to show terms of exclusion met
No speculative accumulation
Proposed Res. and Mun. Delete concept of coproduct No permit or notification if associated
w/ generator Materials managed similar to product
and no harm or threat of harm to public or environment
No speculative accumulation
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Environmental AssessmentCurrent EA for all individual permits HvB for resource recovery,
transfer and landfills and other facilities where existing harms remain
Harms identified by applicant, DEP or others
HvB redone when facility or daily volume changed
Proposed EA for transfer, resource recovery and
landfills Isolation distances per standards
for others HvB for resource recovery, transfer
and landfills Harms identified by applicant, DEP or
others that could not have been identified during LMIP
HvB redone when facility or daily volume changed
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Permit Terms and CapacityCurrent Permit term matches design
plans (capacity) 10 years or less Provisions for longer permit
terms based upon financial demonstration
Proposed Permit term
Renewable 10 year permit until total site design identified in the permit application is completed
Permit entire site design Consider entire site design and
duration during HvB Permit will not be renewed unless
in compliance and meet current design standards
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LMIP/Public NoticeCurrent After submittal of application
DEP, applicant and municipal officials meet to discuss permit application
DEP publish receipt notice of application in PA Bulletin
DEP will submit a copy of application to appropriate county, county planning agency and county health department if one exists
Proposed 180 days prior to submitting
application, the applicant for landfill, resource recovery facility or transfer meets with local municipalities and public
Applicant prepares written summary of meeting including harms and benefits
Applicant publishes notice and receives comments for 60 days. Applicant submits summary, comments and answers to DEP
DEP publish receipt notice of application in PA Bulletin
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Next Steps
April 2008 SWAC meeting
Request recommendation on draft proposed regulations
July/August 2008 Environmental Quality Board
Request EQB approval of proposed rulemaking If approved, proposed regulations will be
published in the Pennsylvania Bulletin 90-day public comment period to follow
