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                         PROPOSED RULEMAKING
          ENVIRONMENTAL                                     the regulations of the Department to accomplish the
                                                            purposes and carry out the provisions of this act.
          QUALITY BOARD                                        The Pennsylvania Used Oil Recycling Act (PUORA) (58
                                                            P. S. §§ 471—480), which in section 480(e) of the PUORA
         [25 PA. CODE CHS. 250, 287—289,                    (58 P. S. § 480(e)) grants the Department the authority to
                291, 295, 297 AND 299]                      issue any rules or regulations under the PUORA.
                  Residual Waste                               The Land Recycling and Environmental Remediation
                                                            Standards Act (Act 2) (35 P. S. §§ 6026.101—6026.909),
   The Environmental Quality Board (Board) proposes to      which in section 104(a) of Act 2 (35 P. S. § 6026.104(a))
amend Chapters 287—289, 291, 295, 297 and 299. The          authorizes the Board to adopt Statewide health stan-
Board also proposes to amend § 250.9 (relating to inter-    dards, appropriate mathematically valid statistical tests
action with other environmental statutes) of the regula-    to define compliance with Act 2 and other regulations
tions governing the administration of the land recycling    that may be needed to implement the provisions of Act 2.
program. The proposed amendments are the result of the      Section 301(c) of Act 2 (35 P. S. § 6026.301(c)) authorizes
Department of Environmental Protection (Department)         the Department to establish by regulation procedures for
evaluating the residual waste regulations promulgated in    determining attainment of remediation standards when
1992 in accordance with the Regulatory Basics Initiative    practical quantification limits set by the United States
(RBI).                                                      Environmental Protection Agency (EPA) have a health
                                                            risk that is greater than the risk levels established in Act
  This proposal was adopted by the Board at its meeting     2. Section 303(a) of Act 2 (35 P. S. § 6026.303(a)) autho-
of June 16, 1998.                                           rizes the Board to promulgate Statewide health standards
A. Effective Date                                           for regulated substances for each environmental medium
                                                            and the methods used to calculate the Statewide health
  These amendments will go into effect upon publication     standards.
in the Pennsylvania Bulletin as final rulemaking.
                                                              The Waste Tire Recycling Act (Act 190) (§§ 6029.101—
B. Contact Persons                                          6029.113), which in section 105(4) of Act 190 (35 P. S.
   For further information contact William F. Pounds,       § 105(4)) authorizes the Department to regulate the
Chief of the Division of Municipal and Residual Waste,      disposal of waste tires.
P. O. Box 8472, Rachel Carson State Office Building,          The Administrative Code of 1929 (AC) (71 P. S. §§ 510-
Harrisburg, PA 17105-8472, (717) 787-7564, or Michelle      5, 510-17 and 510-20), which in section 1905-A the AC
M. Moses, Assistant Counsel, Bureau of Regulatory Coun-     authorizes the Department to require applicants for per-
sel, P. O. Box 8464, Rachel Carson State Office Building,   mits and permit revisions to provide written notice to
Harrisburg, PA 17105-8464, (717) 787-7060. Information      municipalities, in section 1917-A of the AC authorizes and
regarding submitting comments on this proposal appears      requires the Department to protect the people of this
in Section J of this Preamble. Persons with a disability    Commonwealth from unsanitary conditions and other
may use the AT&T Relay Service by calling (800) 654-        nuisances, including any condition which is declared to be
5984 (TDD users) or (800) 654-5988 (voice users). This      a nuisance by any law administered by the Department
proposal is available electronically through the Depart-    and in section 1920-A of the AC grants the Board the
ment’s Web site (http://www.dep.state.pa.us).               power and the duty to formulate, adopt and promulgate
C. Statutory Authority                                      rules and regulations as may be determined by the Board
                                                            for the proper performance of the work of the Depart-
  The proposed rulemaking is being made under the           ment.
authority of the following:
                                                            D. Background and Purpose
  The Solid Waste Management Act (SWMA) (35 P. S.
§§ 6018.101—6018.1003), which in section 105(a) of the         The residual waste program in this Commonwealth was
SWMA (35 P. S. § 6018.105 (a)) grants the Board the         developed under the Pennsylvania SWMA. There are
power and the duty to adopt the rules and regulations of    currently no comprehensive Federal regulations govern-
the Department to carry out the provisions of the SWMA.     ing the management of nonhazardous industrial, mining
                                                            and agricultural wastes (residual waste). The SWMA of
  The Clean Streams Law (CSL) (35 P. S. §§ 691.1—           1980 (P. L., No. 97) (Act 97) authorized the Department to
691.1001), which in section 5(b) of the CSL (35 P. S.       develop and promulgate regulations to manage residual
§ 691.5(b)) grants the Department the authority to for-     waste. Under Act 97, residual waste generally consists of
mulate, adopt, promulgate and repeal the rules and          waste from industrial, mining and agricultural opera-
regulations as are necessary to implement the provisions    tions, and includes nonhazardous sludge from an indus-
of the CSL and which in section 402 of the CSL (35 P. S.    trial, mining or agricultural waste treatment or pollution
§ 691.402) grants the Department the authority to adopt     control facility. On July 4, 1992, the Department promul-
rules and regulations requiring permits or establishing     gated a comprehensive set of regulations for the manage-
conditions under which an activity shall be conducted for   ment of residual waste. The regulations were developed
any activity that creates a danger of pollution of the      over a long period of time to allow extensive input from
waters of this Commonwealth or that regulation of the       the public and the regulated community.
activity is necessary to avoid pollution.
                                                              This proposed rulemaking was developed in response to
  The Municipal Waste Planning, Recycling and Waste         the Secretary’s RBI and the Governor’s Executive Order
Reduction Act (Act 101) (53 P. S. §§ 4000.101—              1996-1 which required all departments to reevaluate
4000.1904), which in section 302 of Act 101 (53 P. S.       existing regulations. The RBI requires evaluation of
§ 4000.302) gives the Board the power and duty to adopt     regulations based on the following criteria: agency re-
                              PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4074                                           PROPOSED RULEMAKING

quirements are no more stringent than standards im-            tions have been deleted in § 250.9 and inserted in
posed by Federal law unless justified by a compelling and      proposed §§ 287.112 and 287.115 (relating to storage
articulable Commonwealth interest or authorized by             impoundments and storage facilities; and filing by permit-
State law; requirements are eliminated which are no            ted facilities). The Act 2 standards that apply at closure
longer necessary or redundant; performance-based re-           have been deleted in this section and added into the final
quirements are encouraged; new green technologies are          closure requirements in § 287.342 (relating to final clo-
encouraged; a pollution prevention approach is supported;      sure certification). A new reference to “remediation stan-
and information is prepared in plain, simple, clear and        dards” has been added to be consistent with the terms
concise language.                                              that are used and defined in the proposed residual waste
   The RBI review process invited the regulated commu-         regulations. Finally, the last sentence in subsection (b)
nity, local governments, environmental interests and the       has been deleted to be consistent with the proposed
general public to help the Department identify specific        residual waste regulations which no longer include the
regulations which should be changed based on the RBI           terms “groundwater parameter” and “human health and
criteria. Input was solicited from the Solid Waste Advi-       environmental protection levels.”
sory Committee (SWAC), the Pennsylvania Chamber of                Chapter 287. Residual Waste Management—General
Business and Industry, the Pennsylvania Waste Indus-                                 Provisions
tries Association, the Pennsylvania Electric Association,
                                                               Section 287.1. Definitions.
and numerous other groups, individual companies and
the public. The opportunity for involvement in this pro-          The Board is proposing to amend certain terms and to
cess was noticed in the Pennsylvania Bulletin with a           add additional terms which assist in the identification of
90-day comment period. Evaluation of the residual waste        materials which are considered waste and which are not
regulations under the RBI criteria resulted in the Depart-     considered waste, such as coproducts. The terms used to
ment’s preparation of eight separate reports. These re-        help with this determination include the following: “accu-
ports were made available to the general public, the           mulated speculatively”; “byproduct”; “coproduct”; “prod-
regulated community, local governments and environmen-         uct”; “reclaimed”; “recycled”; “spent material”; “used or
tal interest groups. In addition, the Department prepared      reused”; and “waste.” To a large extent, these new and
a Comment and Response Document to address the                 revised terms are identical to terms defined under the
comments received during the RBI evaluation and to             hazardous waste program. The existing definition of
identify which regulations would be revised in response to     “waste” was deleted and replaced with language that
the comments.                                                  identifies waste as any discarded material which is
                                                               recycled or abandoned. The term further defines the
   The proposed regulatory amendments reflect the
                                                               circumstances that qualify a material as “abandoned” and
changes identified as a result of the RBI process and
                                                               explains when materials that are recycled are considered
changes identified as a result of 5 years of experience in
                                                               to be waste and are considered not to be waste. A
implementing the regulations. In addition, the proposed
                                                               material is not waste when it can be shown to be recycled
amendments clarify the application of the Act 2 remedia-
                                                               by being used as an ingredient in an industrial process,
tion standards, which became effective on August 16,
                                                               when it is determined to be a coproduct or returned to the
1997, to residual waste facilities. The Department met
                                                               original process from which it was generated without first
with SWAC to discuss changes to the regulations on June
                                                               being reclaimed or land disposed. Under the proposed
12, 1997, and September 11, 1997. Prior to the September
                                                               definition of “waste,” steel slag is not waste if used onsite
11 meeting with the full committee, the Department met
                                                               as a liming agent for acid neutralization or onsite in place
with a SWAC subcommittee on September 3, 1997, to
                                                               of aggregate.
identify significant issues including the definition of
“waste” and other related terms and the interface of the          The term “coproduct” has been revised to apply only to
assessment and abatement requirements with the Act 2           materials that are placed directly on the land or are used
remediation standards. The proposed changes were ap-           to produce products that are applied to the land or that
proved by SWAC at its September 11, 1997, meeting.             are used for energy recovery with a minimum Btu value
E. Summary of Regulatory Requirements                          of 8,000. Examples of activities that involve the applica-
                                                               tion of materials to the land include the placement of
  A description of the proposed amendments is as follows:      roadway aggregate, pipe bedding and construction materi-
   Chapter 250. Administration of the Land Recycling           als. Under the Federal program, placement of hazardous
                      Program                                  waste on the land is prohibited. Under the residual waste
                                                               program, the Department has maintained the opportunity
Section 250.9. Interaction with other environmental stat-      to apply a material to the land through an evaluation
  utes.                                                        process that may result in a coproduct determination.
                                                               Additional proposed changes to the definition of
   After further evaluation of the application of the Act 2
                                                               “coproduct” include the allowance of sizing, shaping or
remediation standards to residual waste facilities, pro-
                                                               sorting of the material without a permit and the allow-
posed amendments have been made to blend the remedia-
                                                               ance of a material to be considered a coproduct if no
tion requirements of Act 2 with the abatement standards
                                                               product or produced raw material exists for purposes of
in the solid waste program. In addition, consideration was
                                                               chemical and physical comparison.
given to Federal regulations for municipal waste facilities,
which provided further guidance on the issue. In subsec-         The definitions for “byproduct” and “used or reused”
tion (b), the proposed amendments delete the requirement       have been modified to be consistent with the definitions
that groundwater standards in Subchapters B and C              for these terms in the Federal hazardous waste program.
apply as part of a Department-approved assessment and          The definition of “product” has been modified to delete
abatement plan. This deletion is replaced with proposed        references to off-specification materials as potential
standards in §§ 288.257 and 289.267 (relating to abate-        coproducts because many of these materials may be
ment plan) of the residual waste regulations. In addition,     excluded from regulation since they may be materials
the standards that must be demonstrated to qualify for         that are not waste when recycled under the definition of
liner and leachate treatment system waivers or modifica-       “waste.” Definitions for “recycled” and “accumulated
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                    4075

speculatively” have been added for clarification of terms       (relating to scope). Waste such as shingles or floor tiles
used in the waste definition. The definitions for these         from the demolition of homes are commonly managed as
terms are identical to those found in the Federal hazard-       construction/demolition waste under the municipal waste
ous waste program. The terms “expended material” and            program.
“waste reclamation” have been deleted and replaced with
the terms “spent material” and “reclaimed,” which are              The definition of “clean fill” has been modified to
defined consistently with the Federal hazardous waste           identify more clearly those uncontaminated materials
program.                                                        that qualify as clean fill, and to allow the material to be
                                                                placed into waters of this Commonwealth if approved by
   Several terms were added, modified or deleted that           the Department. Soil and other materials managed as
relate to groundwater abatement and remediation. The            clean fill are not waste; however, as required in the
Department is proposing to add the following terms to           existing regulations, a person using the material as clean
clarify what standards apply to a release that occurs           fill has the burden of proof to demonstrate that the
during the operational phase of a facility and that occurs      material is clean fill. This language was moved from
during the closure phase: “abatement standards,” “risk-         § 287.101 (relating to general requirements for permits)
based standard,” “background standard,” “remediation            to the definition for purposes of clarity. The term is
standards,” “secondary contaminants,” “site-specific stan-      defined to allow soil and other materials to qualify as
dard” and “Statewide health standard.” In addition, a           clean fill with de minimis levels of contamination. The
minor change was made to the term “groundwater degra-           Department is developing a guidance document that
dation,” by changing the word “levels” to “concentrations,”     identifies de minimis levels of contamination and criteria
and the term “human health and environmental protec-            for the unrestricted management of clean fill. In addition,
tion levels” was deleted.                                       the Department is considering the use of general permits
   The proposed amendments differentiate between abate-         and other permitting mechanisms for the onsite and
ment standards and remediation standards. The abate-            offsite management of soil and other materials that do
ment standards serve as performance standards during            not meet the clean fill criteria and de minimis levels of
operations. If, during operations, groundwater degrada-         contamination. The general permits may allow the benefi-
tion is detected at monitoring points as a result of failed     cial use of soils and other materials in commercial and
liner or leachate collection systems, groundwater assess-       industrial areas. The Department is specifically seeking
ment and abatement must be conducted to meet abate-             comments on permitting mechanisms that can be used to
ment standards. If a liner or leachate collection system        maximize flexibility in the management of contaminated
fails, the system design must be repaired to prevent            soils.
future releases and, in addition, performance standards to        The term “dredged material” is proposed to be added to
contain or mitigate the leak must be implemented in             clarify that uncontaminated dredged material can be used
order to allow further operation of the facility. The           as clean fill and to identify waste material that will now
abatement standards serve as the performance standards          be managed as residual waste instead of as municipal
that must be met if the facility continues to operate.          waste.
   If, after the facility ceases to accept waste, groundwater     The term “groundwater parameter” has been replaced
degradation exists the release must be remediated to            with the term “waste classification standard” to avoid
meet one of the remediation standards. One of the               confusion between groundwater standards and standards
primary differences between the abatement and the               that are used to determine the types of waste that can be
remediation standards is the application of the site-           disposed in Class II and Class III landfills and Class II
specific standard. A site-specific standard may be chosen       impoundments.
as a remediation standard. This standard may not be
used for abatement during the operational phase of the             The definition of “land application” deletes the refer-
facility because the particular conditions of the site will     ence to surface land disposal, a management practice that
continue to change, due to continued operations, and the        is no longer available under the residual waste regula-
site-specific standard requires an analysis of the risks        tions.
that exist at the time the remediation is implemented.            The term “municipal-like residual waste” was added to
   The term “risk-based standard” has been added to allow       identify a class of waste that qualifies for a streamlined
for a risk-based option for cleanup when abatement is           approval process for disposal or processing. The waste
triggered during the operational phase of the facility. This    must have the same physical and chemical characteristics
standard is consistent with the Federal assessment moni-        as residential municipal waste.
toring and corrective action programs under 40 CFR                 The term “scrap metal” has been added to identify
Parts 257 and 258 (relating to solid waste disposal facility    those metal parts that may qualify for a permit exemp-
criteria). Although this Federal requirement is not man-        tion when processed in a manner that results in benefi-
datory for the state’s residual waste program, the Depart-      cial use. The definition for this term is consistent with
ment is proposing to include it to be consistent with the       the definition for the same term in the Federal hazardous
state’s municipal waste abatement program. The terms            waste program.
“background standard,” “Statewide health standard” and
“site-specific standard” refer to numerical cleanup stan-         The term “steel slag” is defined to identify which types
dards developed under Act 2. The term “remediation              of material relating to the slag industry may be excluded
standards” refers to those cleanup standards which apply        from the definition of “waste,” based on the process used
to a release after a facility ceases to accept waste. The       to produce it and the use of the material after production.
term “secondary contaminants” refers to a substance for         Under the definition of “waste,” if steel slag is used onsite
which a secondary maximum contaminant level exists              as a liming agent for acid neutralization or onsite in place
and no lifetime health advisory level exists.                   of aggregate, the material is not a waste.
 The term “asbestos containing waste” has been deleted.           The term “special handling waste” has been modified to
Only friable asbestos containing waste will continue to be      exclude asbestos-containing waste that is not friable, to
managed as residual waste, in accordance with § 287.2           delete the word “oil” when referring to hazardous waste
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4076                                           PROPOSED RULEMAKING

and to delete fuel contaminated soil, waste tires and          Section 287.51. Scope.
water supply treatment plant sludges from the definition.
                                                                 In subsection (a), minor word changes are proposed to
Section 287.2. Scope.                                          clarify that compliance with the biennial report and
   Subsection (b)(3) has been changed to delete the refer-     source reduction strategy requirements is required. The
ence to “other” residual waste and to clarify that sewage      requirements in §§ 287.52 and 287.53 (relating to bien-
sludge mixed with a small quantity of residual waste will      nial report); and source reduction strategy) dictate when
be managed under the municipal waste regulations. In           a report must be submitted.
subsection (c), the reference to hazardous waste “oil” has     Section 287.52. Biennial report.
been removed because that term is no longer used in the
hazardous waste program. Autofluff and dredged material          Subsection (a) has been changed to delete references to
have been added for management under the residual              deadlines for submissions that have passed.
waste regulations. In addition, the term “fuel” has been
deleted and the regulations clarify that any contaminated      Section 287.53. Source reduction strategy.
soil must be managed under the residual waste regula-            Subsection (b) has been changed to delete references to
tions. In subsection (d), the word “friable” has been added    deadlines for submissions that have passed.
to indicate that only friable asbestos containing waste is a
special handling waste that is managed under the re-           Section 287.54. Chemical analysis of waste.
sidual waste regulations.
                                                                  Changes to subsections (a) and (g) have been proposed
   In 1992, the Board promulgated a regulation that            to require a generator to evaluate the leaching potential
requires the management of water supply treatment              of the waste and to allow the Department to waive or
plant sludges in accordance with the design and perfor-        modify the chemical analysis requirements for municipal-
mance standards of the residual waste program. The             like residual waste.
decision to manage the material under the residual waste
regulations, instead of the municipal waste regulations,       Section 287.55. Retained recordkeeping.
was made to allow for greater flexibility in the disposal,
beneficial use and land application of the material. The         Proposed changes in subsection (a) indicate that re-
Department is soliciting comments on whether the mate-         quirements regarding the maintenance and retention of
rial is best managed under the storage, processing and         records developed by generators applies to all generators,
disposal design and performance standards of the re-           regardless of the amount of waste they generate.
sidual waste regulations or the municipal waste regula-                          General Requirements
tions.
Section 287.8. Coproduct determinations.                       Section 287.101. General requirements for permits.
   This section has been added to clarify the procedure          Proposed changes to subsection (b)(1) state that mush-
that must be used to determine when a material is a            room waste may be required to meet the applicable land
coproduct. This section largely represents the procedure       application, composting, storage and transportation re-
that has been in place by formal Department guidance           quirements in the residual waste regulations unless the
during the past 4 years to determine whether a proposed        operation is conducted in accordance with the best man-
coproduct will present a greater threat of harm to human       agement practices identified in the Department’s manual
health and the environment than the use of an intention-       entitled “Best Practices for Environmental Protection in
ally manufactured or produced raw material. The proce-         the Mushroom Farm Community” or as such practices are
dure has been modified in these proposed amendments to         approved on a case-by-case basis. The Department and
conform with the proposed changes to the coproduct             the mushroom industry have been working together for
definition. Therefore, the analysis focuses on the applica-    the past 5 years to develop a best management practices
tion of the proposed coproduct to land or the use of the       manual for the management of mushroom waste. The
proposed coproduct for energy recovery. In addition, the       manual has recently become available to the public.
procedure has been modified to include an analysis for a
                                                                 The proposed changes to subsection (b)(2) provide par-
proposed coproduct where no product or produced raw
                                                               allel changes for the food processing industry. The De-
material will be replaced. A person who completes a
                                                               partment’s “Food Processing Residual Management
coproduct determination must maintain documentation
                                                               Manual” was published in 1994 and identifies best man-
supporting the determination and make the information
                                                               agement practices for the industry.
available to the Department upon request. Also, documen-
tation supporting the determination must be provided to          Subsection (b)(6), the permit exemption for clean fill,
persons selling, transferring, possessing or using the         has been deleted. The management of uncontaminated
material.                                                      soil and other materials will continue to be subject to the
                    Duties of Generators                       Department’s published “Policy and Procedure Establish-
                                                               ing Criteria for Use of Uncontaminated Soils, Rock,
Section 287.9. Industry-wide coproduct determinations.         Stone, Unused Brick and Block, Concrete and Used
  To facilitate the reuse and marketing of coproducts that     Asphalt as Clean Fill.” This policy is being updated, with
have historically been used as an effective substitute for     consideration to the final land recycling regulations.
an intentionally manufactured product or produced raw
material, the proposed regulations include a new section         In subsection (b)(7), a new permit exemption has been
to allow for the issuance by the Department of industry-       proposed for processing that results in the beneficial use
wide coproduct determinations for classes of materials. An     of scrap metal.
industry-wide coproduct determination will be based on         Section 287.102. Permit by rule.
the consistency of the material’s chemical and physical
characteristics and on factors concerning the historical         A minor change to subsection (a)(3) clarifies that a
use of the material. Any list of Department-approved           permittee must prepare as well as maintain any records
coproducts will be published in the Pennsylvania Bulletin.     required.
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                    4077

Section 287.112. Storage impoundments and storage facil-       wealth protect public resources. This mandate is viewed
  ities.                                                       as requiring a balancing of interests and was further
                                                               developed in Payne v. Kassab, 312 A.2d 86 (Pa. Cmwlth.
  Under § 287.112(f)(1)(ii)(A) and (B), changes have been
                                                               1973), aff’d, 361 A.2d 263 (Pa. 1976), P.E.M.S. v. DER,
proposed to the demonstration that must be made to
                                                               503 A.2d 477 (Pa. 1986) and various later cases.
qualify for a liner system and leachate treatment system
waiver or modification at a storage impoundment. The             This section applies to all residual waste permit appli-
proposed language incorporates performance standards           cations. In subsection (a), the existing regulations identify
that are based on numerical standards developed under          factors such as traffic, air quality, water quality, wildlife
Act 2. Instead of using groundwater parameters as the          and land use, that must be analyzed in the environmental
performance standards that must be met to qualify for          assessment for potential impacts on the environment,
the waivers or modifications, the proposed amendments          public health and public safety. The proposed amend-
refer to the Act 2 Statewide health standard. Also, the        ments include two new factors that must be considered:
word “levels” has been changed to “standard” to clarify        scenic rivers and national landmarks.
the reference to the Act 2 background standard.                   In subsection (b), the proposed amendments specify
Section 287.115. Filing by permitted facilities.               that the environmental assessment submitted by the
                                                               applicant must describe the known and potential environ-
  Proposed changes to § 287.115(c)(1)(ii)(A) and (B) have      mental harms of the proposed project and must include a
been made to the demonstration for a liner system and          mitigation plan for each such harm. The Department will
leachate treatment system waiver or modification at a          assess whether all harms will be mitigated, and the effect
disposal facility. The proposed language incorporates per-     of the mitigation measures collectively. This will include
formance standards that are based on numerical stan-           evaluating harm that is created in the process of mitiga-
dards developed under Act 2. Instead of using groundwa-        tion and harm that is the direct result of the location of
ter parameters as the performance standards that must          the proposed facility.
be met to qualify for the waivers or modifications, the
proposed regulations refer to the Act 2 Statewide health          Proposed subsections (c) and (d) set forth the test that
standard. Also, the word “levels” has been changed to          the Department will use to evaluate the information
“standard” to clarify the reference to the Act 2 back-         provided in the environmental assessment. The test re-
ground standard.                                               quires the applicant to demonstrate that the benefits of
                                                               the project to the public clearly outweigh the known and
  In addition, paragraph (4) has been added to limit the       potential environmental harms that will remain after
availability of the waivers and modifications. The liner       mitigation. The benefits that will be considered are any
and leachate treatment systems may not be modified or          social and economic benefits that remain after taking into
waived for areas identified in an application for a new        consideration the known and potential social and eco-
permit or permit modification submitted after July 4,          nomic harms of the project, and any environmental
1997.                                                          benefits of the project.
  Subsection (g) has been added to clarify the steps that         Under subsection (c), the test described in the preced-
must be taken after a facility is required to cease            ing paragraph is required for every application for a
operations in accordance with this section. If required to     noncaptive landfill, disposal impoundment or incinerator
cease operations, the person or municipality must submit       because these facilities present a greater threat of long-
a closure plan under § 287.117 (relating to closure plan).     term harm. Under subsection (d), the test is required of
An application for a new permit must be filed to receive,      another facility only if another facility has not demon-
process or dispose of waste.                                   strated that it will mitigate all environmental harms.
Section 287.117. Closure plan.                                    Proposed subsection (e) allows the Department or any
   Subsection (b) has been added to provide the flexibility    other person or municipality to identify potential harms
necessary to allow a person or municipality to continue        and benefits.
using an existing system or design, such as a monitoring         Under new subsection (f), the environmental assess-
system, if it performs at a level that is equivalent to the    ment, including the Department’s evaluation under sub-
applicable regulations. Subsection (j) has been added to       sections (c) and (d), will occur in Phase I of the permit
identify the remediation standards that apply to solid         review. New subsection (g) allows the Department to
waste facilities that ceased receiving waste after Septem-     require submission of a revised environmental assess-
ber 7, 1980 (the effective date of the SWMA). Remedia-         ment if additional harms or potential harms are discov-
tions must be performed in accordance with an approved         ered at a later time in the permit review process.
closure plan, permit or settlement agreement; however,
an approved closure plan, permit or settlement agreement       Section 287.131. Scope.
may be modified to include the remediation standards in          A minor change, the deletion of the reference to pro-
§ 287.342(c) (relating to final closure certification).        cessing or disposal, is proposed for subsection (a).
Section 287.127. Environmental assessment.                     Section 287.132. Chemical analysis of waste.
  Changes have been proposed to this section to clarify          In subsection (a), a modification has been proposed for
the permit application requirements for an environmental       paragraph (1)(v) that requires an applicant to demon-
assessment and to add a balancing test which identifies        strate that waste to be disposed will not adversely affect
how the Department will evaluate the benefits and harms        a liner or leachate treatment system. In addition, pro-
of a facility. These proposed amendments are consistent        posed changes to subsection (a) allow a waiver or modifi-
with recent changes that were made in the municipal            cation of the chemical analysis for municipal-like residual
waste program. The environmental assessment carries            waste at any permitted facility. Other modifications ex-
out the Department’s obligation under section 102(10) of       pand the opportunity for the Department to waive or
the SWMA (35 P. S. § 608.102 (10)) to implement                modify chemical analysis requirements for municipal-like
PA. CONST. Art. I, § 27 (relating to natural resources and     residual waste that is received at a permitted facility
the public estate) which mandates that the Common-             (such as, waste used as cover material).
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4078                                            PROPOSED RULEMAKING

Section 287.133. Source reduction strategy.                     permit modification is necessary where there will be a
  The requirement that an applicant for a processing or         significant change to the design or operation of a disposal
disposal facility obtain a copy of a source reduction           or processing facility. Several proposed changes have been
strategy from each generator of waste that will be              made to this section. In subsection (a)(2), the proposed
disposed or processed is clarified by referring to waste        amendments clarify that a change in daily volume requir-
“received.” This change clarifies, for example, that an         ing a major permit modification includes a change in the
application must include the source reduction strategy of       average or maximum daily waste volumes. This clarifica-
a waste generator when the waste is received at a landfill      tion corresponds with the new sections added (§ 288.138
for cover material.                                             (relating to daily volume) and § 289.137 (relating to daily
                                                                volume)) that require average and maximum daily vol-
Section 287.134. Waste analysis plan.                           umes to be identified in landfill and disposal impound-
  Subsection (a) has been modified to clarify that a waste      ment permit applications. In subsection (a)(3), the current
analysis plan is required for waste proposed to be re-          regulations require a major modification when there are
ceived at a permitted facility. The existing regulations        changes proposed to the design contours. In many in-
only refer to a waste analysis plan requirement for waste       stances minor changes to facility contours are necessary
that is disposed. Subsection (b) has been modified to           during construction of the facility. The proposed amend-
clarify that the management of waste must be consistent         ments modify this requirement to require a major modifi-
with the permit and this article.                               cation for contour changes when the redesign will result
                                                                in increased capacity or impact to groundwater.
Section 287.141. Permit application fee.
                                                                  In subsections (a)(5) and (7) and (b)(2), the replacement
  Recalculated permit fees have been proposed to reflect        of groundwater monitoring wells and the addition of gas
current reasonable costs to the Department for providing        monitoring wells will no longer require major permit
technical review of applications.                               modifications since these measures will improve the
Section 287.151. Public notice by applicant.                    existing design or operation of the facility. In subsection
                                                                (a)(6), minor changes to the design and operation of the
  Additional notice requirements have been proposed for         leachate collection and treatment plan, such as changes
subsections (a) and (d) to include information in a public      to the leachate collection piping configuration, will no
notice by the applicant for submission or modification of a     longer be considered major permit modifications. Changes
closure plan. The following information must be included        to the leachate treatment method, however, will be major
in a public notice if contamination exists at closure or        permit modifications since they represent significant
occurs after closure: a list of contaminants; identification    changes.
of ongoing abatement measures, if applicable; proposed
remediation measures and the proposed remediation stan-           Under subsection (a)(8), changes to daily, intermediate
dards to be met. Under this proposed rulemaking pack-           and final cover requirements will no longer require major
age, the operator will have the option of selecting one of      permit modifications. This paragraph has been deleted
three remediation standards to address releases that are        because in many instances changes in cover are necessary
present after a facility ceases accepting waste. The            due to economic considerations or design and material
changes in this notice section inform the public of the         availability considerations and do not effect the operation
option chosen. If the site-specific standard is chosen to       of the facility.
remediate a release, a 30-day public and municipal                Under newly renumbered subsections (a)(10) and (b)(6),
comment period must be included in the notice. During           changes to a design that have been approved through a
this period, a municipality may request to be involved in       major permit modification for an equivalency review will
the development of the remediation and reuse plans for          no longer require additional major modifications for use
the site.                                                       at additional facilities. This change will streamline the
Section 287.152. Public notice by Department.                   approval process for commonly used alternative materi-
                                                                als, as long as the operator demonstrates that the
   Additional notice requirements have been proposed for        alternative design will work at a particular facility.
subsections (a) and (b) to include information in a public
notice by the Department for a submission or modifica-            A new subsection (a)(11), has been added that requires
tion of a closure plan. The following information must be       a major permit modification for the submission of an
included in a public notice if contamination exists at          abatement plan. These plans will require detailed review
closure or after closure: a list of contaminants; identifica-   by the Department. Input from the public is necessary
tion of ongoing abatement measures, if applicable; pro-         since the public may be directly affected by the abate-
posed remediation measures and the proposed remedia-            ment standard chosen.
tion standards to be met. Under this proposed rulemaking          In subsection (b)(1), the requirement has been modified
package, the operator will have the option of selecting one     to require a major permit modification for a change in
of three standards for remediating releases that are            specifications or dimensions of waste storage areas if the
present after a facility ceases accepting waste. The            change results in an increase in processing or storage
changes in this notice section inform the public of the         capacity.
option chosen. If the site-specific standard is chosen to
remediate a release, a 30-day public and municipal              Section 287.202. Completeness review.
comment period must be included in the notice. During             New language has been proposed for subsection (a) that
this period, a municipality may request to be involved in       clarifies that separate submissions of the Phase I and
the development of the remediation and reuse plans for          Phase II parts of the application will not independently
the site.                                                       be considered to be administratively complete until both
Section 287.154. Public notice and public hearings for          parts are determined to be administratively complete.
  permit modifications.                                         Section 287.211. Term of permits.
  This section has been amended to revise those activities        Proposed changes to subsection (c) clarify that a permit
that necessitate a major permit modification. A major           term, which is specified as a condition in a permit, is that
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                   4079

period of time when disposal or processing activities are      remediation standards and to maintain groundwater
authorized. The permit continues to exist after expiration     quality, at a minimum, at those levels.
of the permit term for purposes of completing closure and
                                                                 Paragraph (4) has been proposed to be deleted because
postclosure activities and all other requirements under
                                                               the obligation to achieve background levels has been
the SWMA and the environmental protection acts as
                                                               replaced with the obligation to meet a remediation stan-
defined in § 287.1.
                                                               dard under the land recycling program if a release occurs
  Proposed changes to subsection (e) clarify that if no        after closure.
residual waste is processed or disposed under a permit
                                                               Section 287.342. Final closure certification.
within 5 years of the date of issuance by the Department,
the permit is void. For example, if an operator has both a        In subsection (b), changes have been proposed to the
disposal and a processing permit for one facility, but has     final closure certification fees to reflect current reason-
only operated under the processing permit (such as, has        able costs to the Department for providing technical
not received waste for disposal), the disposal permit will     review of the final closure. Proposed changes in subsec-
become void.                                                   tion (c) identify the new demonstration that must be
                                                               made by an applicant to receive final closure certification.
Section 287.212. Conditions of permits—general and right
                                                               This new demonstration is consistent with Act 2 and its
  of entry.
                                                               remediation standards and it replaces the existing re-
  A new subparagraph has been added to this section            quirements that reference groundwater parameters and
that requires, as a condition of a permit, that a permittee    human health and environmental protection levels. If
notify the Department of the transfer of a controlling         groundwater degradation exists at closure or occurs after
interest in the permittee. The notice will alert the           closure, compliance with one of the remediation standards
Department to potential compliance history problems. By        must be demonstrated for final closure certification.
including this permit condition, the Department will be
                                                                 Proposed subsection (d) has been added to indicate that
kept apprised timely of changes of parties in control of
                                                               secondary contaminants may be measured, for compliance
facility operations.
                                                               purposes, at a point beyond the property boundary up to
Section 287.221. Permit reissuance.                            a water source. The compliance point for secondary
  This section has been revised to clarify that a transfer,    contaminants is consistent with the land recycling pro-
assignment or sale of rights granted under a permit may        gram.
not be made without obtaining permit reissuance. No              In subsection (g), changes to the conditions of an owner
substantive change has been made to this section.              or operator’s liability to restore groundwater have been
Section 287.222. Permit modification.                          proposed to reflect consistency with the land recycling
                                                               program. The phrase “background conditions” has been
   A new subsection (c) has been proposed to allow the         deleted and replaced with the obligation to restore the
Department to make timely decisions in the field regard-       groundwater to remediation standards and to maintain
ing modifications to the construction of liner systems or of   groundwater quality, at a minimum, at those levels.
erosion and sedimentation control devices. These deci-
                                                                 Proposed subsection (i) has been added to address when
sions on minor permit modifications may only be made if
                                                               additional remediation must be performed after a final
it is impracticable to comply with subsections (a) and (b)
                                                               closure certification has been issued. The circumstances
and if the modification will improve the permitted design.
                                                               are limited to an increase in the risk level beyond the
Section 287.231. Equivalency review procedure.                 acceptable range due to substantial changes in exposure
                                                               conditions, such as a change in land use from a nonresi-
  A proposed change in subsection (e) will allow an
                                                               dential to a residential use, or the existence of new
alternative design that is approved once through a major
                                                               information about a substance associated with the facility
permit modification for one applicant to be applied by
                                                               which revises the exposure assumptions beyond the ac-
another applicant through a minor permit modification.
                                                               ceptable range. The conditions of this reopener are consis-
This change was made because the first equivalency
                                                               tent with the land recycling program.
review demonstrates that the design meets the perfor-
mance standards of the regulations. Subsequent reviews         Section 287.371. Insurance requirements.
are limited to the application of that design to a particu-
                                                                 Subsection (a) has been changed to delete references to
lar facility and can adequately be accomplished through a
                                                               obsolete deadlines for submissions.
minor permit modification.
                                                               Section 287.421. Administrative inspections.
                  Bonding Requirements
                                                                 In subsection (b)(1), the language referring to land
Section 287.341. Release of bonds.
                                                               disposal activities has been deleted to be consistent with
  Several changes have been proposed for subsection (g).       the proposed changes in Chapter 291 (relating to land
In paragraph (1), the phrase “including long-term mainte-      application of residual waste) which eliminate the avail-
nance of remediation measures” has been added to clarify       ability of the surface land disposal waste management
that a bond will not be released if the remediation            practice. In subsection (b)(5), the phrase “beneficial use
measure chosen when a release exists at closure will           areas” was added to clarify the intended frequency of
require ongoing maintenance. For example, a bond               inspection for beneficial use activities.
amount must be maintained that covers the maintenance
                                                                                Demonstration Facilities
costs of an ongoing pump and treat system for contami-
nated water.                                                   Section 287.501. Scope.
  In paragraph (2), the conditions of an owner or opera-         Proposed changes to this section authorize the approval
tor’s liability to restore groundwater have been changed       of a demonstration project for processing or disposal of
to reflect consistency with the land recycling program.        residual waste at a permitted processing or disposal
The phrase “background conditions” has been deleted and        facility under a permit modification, rather than under an
replaced with the obligation to restore the groundwater to     application for a new permit.
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4080                                           PROPOSED RULEMAKING

Section 287.502. Relationship to other requirements.           which prohibits placement of coal ash in or within 300
  Changes have been proposed to the application and            feet of an exceptional value wetland, has been relaxed to
operating requirements that apply to demonstration             a 100-foot distance to any wetland because the construc-
projects. Under the proposed amendments, the Depart-           tion activities associated with the use of coal ash as
ment has greater flexibility to decide when to waive or        structural fill include measures to protect wetlands.
modify the application or operating requirements under                    Chapter 288. Residual Waste Landfills
this article. Deletion of the existing regulation has been                       Application Requirements
proposed because it does not allow any exceptions or
variances from the requirements.                               Section 288.112. Facility plan.
Section 287.504. Operating requirements.                          Amendments have been proposed to this section to
                                                               reduce unnecessary and redundant information. Para-
  Proposed changes to paragraph (1) delete the require-        graph (2) will now focus on the amount of soil needed to
ment that a demonstration facility may not exceed one          construct and operate the facility because this informa-
acre in size. This change has been proposed because in         tion is important for purposes of calculating the bond.
many instances larger acreage is necessary to demon-
strate the technology. The word “annual” has been deleted      Section 288.113. Maps and related information.
in paragraph (6) to eliminate redundancy.                         Proposed changes in subsection (a) allow the Depart-
                      Beneficial Use                           ment to approve the use of a different horizontal scale
                                                               than 1 inch equals no more than 200 feet for all facilities,
Section 287.611. Authorization for general permit.             not just those larger than 250 acres. Deletion of subsec-
  In subsection (e)(7), a new category of unauthorized         tion (c), the requirement for a map or aerial photograph
activity has been proposed under the general permit            of the soil types, test pits and excavations taken under
program: the use of residual waste for construction or         § 288.124 (relating to soil description) on the proposed
operations at a disposal facility. Instead, an approval        permit area and adjacent area, has been proposed be-
must be obtained as part of an equivalency demonstration       cause the information has not proven useful for purposes
for a disposal facility. This change was made because the      of making a permit decision.
use of waste at landfills requires a site-specific determi-    Section 288.122. Geology and groundwater description.
nation and should be approved under a mechanism, such             New subsection (a)(8) and (9) have been proposed to
as equivalency demonstration, that allows for a site-          require the identification of wellhead protection areas
specific analysis.                                             that may be impacted by the facility and to require the
  A new subsection (g) has been added to indicate that         submission of a groundwater contour map to describe the
the Department may issue general permits for the use, as       groundwater flow patterns. These provisions have been
construction material, of soil and other materials that do     added to address wellhead protection regulations in
not meet the clean fill criteria. The Department is            Chapter 109 (relating to safe drinking water), promul-
specifically seeking comments on the use of this permit-       gated since 1992, and to address questions frequently
ting mechanism to maximize flexibility in the manage-          raised by applicants and operators on background
ment of contaminated soils.                                    hydrogeologic information.
Section 287.661. Use of coal ash as structural fill.           Section 288.124. Soil description.
   Several changes have been proposed for the require-            Subsection (a) has been revised to replace the require-
ments of coal ash used as structural fill. In subsection       ment to provide a description of the soils in the permit
(e)(3), the Department may approve a slope greater than        application with the requirement for applications for
2.5 horizontal to 1.0 vertical based on a demonstration of     Class I or Class II landfills to describe the depth to the
structural stability. This change provides greater flexibil-   seasonal high water table in order to demonstrate that it
ity in the application of the slope requirement. In subsec-    will not be in contact with the liner system. The soil
tion (e)(8), the buffer of 4 feet between the placement of     information currently required is not necessary for lined
coal ash and the seasonal high water table has been            landfills because lined landfills do not rely on soil attenu-
eliminated. The proposed requirement only prohibits con-       ation. In subsection (a)(1), the demonstration that there is
tact between the coal ash and the seasonal high water          no contact with water is necessary to preserve the
table. This change has been made because demonstra-            integrity of the liner system or attenuation base. In
tions through the use of coal ash for other activities have    subsection (a)(2), the addition of the chemical description
proven to be effective without this buffer. In subsection      is necessary for soils that are not clean fill. The soils
(e)(9), the word “permanent” has been replaced with            description will only be required for unlined or natural
“regional” in reference to the water table because “re-        attenuation landfills, as indicated in subsection (b).
gional groundwater table” is a defined term in the             Section 288.127. Mineral deposits information.
regulations.
                                                                  This section currently requires a permit applicant to
  In subsection (f)(2), the proposed change prohibits the      demonstrate that it owns the recoverable or mineable
placement of coal ash for structural fill within 300 feet of   coals underlying the permit area and adjacent area and
a water source unless the operator obtains a waiver from       to warrant that the applicant will not mine the coal as
the water source’s owner allowing for another distance.        long as residual waste remains on the site. Subsection (b)
This change was made to allow for greater flexibility          has been revised to expand the coverage from coal to all
where the owner of the water source does not object to         mineable minerals to protect landfills from potential
the activity. Existing subsection (f)(3), which prohibited     instability problems associated with mining activities. In
placement of coal ash within 500 feet upgradient of a          addition, new language has been proposed to exempt
surface water source, has been deleted because the water       expansions of captive facilities permitted prior to July 4,
source buffer requirement provides adequate protection         1992, from the mineral deposits requirements in subsec-
and other controls, such as erosion and sedimentation          tion (b). This revision will allow the expansion of captive
control requirements, must be met at these sites to            facilities on adjacent areas rather than locating new
protect surface water. Also, existing subsection (f)(7),       disposal sites.
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                   4081

Section 288.128. Notification of proximity to airport.          Section 288.141. Compaction and cover plan.
  This proposed rulemaking includes a new section to               The proposed amendments include amendments to
require that a residual waste landfill permit applicant         paragraph (3) that reflect changes being made in the
notify the Federal Aviation Administration, the Depart-         operating requirements for cover materials that largely
ment and the airport if the proposed facility is within 5       eliminate design requirements in favor of performance
miles of an airport runway end. This requirement only           standards. Specifically, this section will now require that
applies to facilities that plan to receive putrescible waste.   an applicant specify the materials that will be used as
This proposed amendment is added to be consistent with          cover and demonstrate that the materials and procedures
the Federal Subtitle D criteria for municipal waste             for applying them will meet the performance standards in
disposal facilities (40 CFR Part 258) and to facilitate         §§ 288.232—288.234 (relating to daily cover; intermediate
greater input on the feasibility of the location of the         cover and slopes; and final cover and grading). A cross
landfill.                                                       reference to the operating requirements is amended to
                                                                reflect the deletion of an existing section in the operating
Section 288.132. Operation plan.                                requirements. Additionally, in paragraph (5), the require-
  Proposed changes to paragraph (1) require the appli-          ment that an applicant provide copies of contracts for the
cant to include a plan for the inspection and monitoring        cover materials that will be used at the landfill is
of incoming waste to help ensure that waste not approved        eliminated.
for receipt by the facility is not received and that waste      Section 288.152. Water quality monitoring plan.
will be rejected or specially addressed if it poses a
problem. Paragraphs (3) and (4), which are the require-            Several significant changes have been made to this
ments to describe the type and size of equipment to be          section based on an overhauling of the groundwater
used at the facility and the plan for hiring and training       monitoring, abatement and remediation standards. In
personnel, have been deleted in this proposed rulemaking.       subsection (a)(2), the proposed amendments require op-
Proposed changes to paragraph (6) clarify the operating         erators of new facilities to provide pre-operational data
hours of the facility. The amendment clarifies that operat-     showing existing groundwater quality in a permit applica-
ing hours include time during which construction and            tion. For facilities that existed on July 4, 1992, back-
operation activities will occur. This requirement will help     ground water quality must be presented in a permit
the operator and the Department to minimize noise               application. “Background,” as defined in Act 2, is the
complaints.                                                     concentration of a substance determined by appropriate
                                                                statistical methods that is present at the site, but is not
Section 288.134. Plan for access roads.                         related to the release of substances at that site. Under
  Amendments to this section have been proposed to              subsection (b), the proposed regulations delete all refer-
require that access roads be designed and constructed to        ences to the mandatory abatement trigger levels. The
handle truck traffic adequately. This requirement sets a        proposed amendments require an application to contain
performance standard by which to gauge the adequacy of          procedures and techniques for evaluating analytical re-
proposed access roads.                                          sults to determine if groundwater degradation has oc-
                                                                curred at a monitoring point. Subsections (d) and (e) have
Section 288.136. Nuisance minimization and control plan.        been deleted because they pertain to the application of
                                                                “groundwater parameters” for groundwater monitoring
   Several proposed changes have been made to this              and groundwater parameters are no longer applicable to
section. The title of this section has been amended to          groundwater abatement and remediation in the residual
reflect the need to minimize nuisances during the facility      waste regulations.
planning stages. Subsection (a) has been modified to
require that a plan be submitted that describes how             Section 288.182. Closure plan.
nuisances will be minimized and controlled. By planning
                                                                  This section requires that a closure plan describe
to control and minimize all nuisances, the expectation is
                                                                measures that will be taken toward and after closure. In
that conditions that give rise to public nuisances will be
                                                                subsection (a), the proposed amendments delete the refer-
abated. The Department’s focus will be on ensuring the
                                                                ence to a postclosure period and clarify that the plan
effectiveness of the operator’s plan to minimize and
                                                                includes activities that occur toward and after closure.
control nuisances. Subsection (b) has been added to
                                                                Subsection (b)(3) has been deleted because activities such
identify specific items that must be addressed in the plan.
                                                                as capping of cells in stages are considered activities that
The plan must include the following: routine assessment
                                                                occur toward closure. Closure occurs only once at a
and control of vector infestations; methods to minimize
                                                                landfill, the date the facility permanently ceases to accept
and control nuisances from odors, dustfall and noise
                                                                waste. Subsection (b)(4) has been similarly revised to
levels off the property boundary from the facility; and for
                                                                refer to activities that occur toward and after closure. A
odors, a determination of normal and adverse weather
                                                                correlating change has been made to § 288.292(b) (relat-
conditions, based on site-specific meteorological data. The
                                                                ing to closure). In subsection (b)(4)(vi), additional lan-
plan continues to allow the inclusion of contractual
                                                                guage has been proposed to specify that the plan include
arrangements for the services of nuisance control profes-
                                                                a description of maintenance of access control after
sionals.
                                                                closure. This amendment addresses questions concerning
Section 288.138. Daily volume.                                  maintenance that have been raised in the field.
  The proposed amendments include a new section that                             Operating Requirements
requires identification in an application of the proposed       Section 288.201. Basic limitations.
average and maximum daily volumes for the facility and
a detailed justification for the volumes. These volumes            A new subsection (f) has been added that requires all
are necessary to evaluate traffic, air quality and other        approved mitigation measures identified in the applica-
potential harms during the environmental assessment             tion to be completed before waste may be accepted, unless
review. These requirements currently exist in the munici-       otherwise authorized in writing by the Department for
pal waste landfill regulations.                                 technical reasons. This requirement bolsters the impor-
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4082                                          PROPOSED RULEMAKING

tance of effective mitigation, which is stressed in the        has been added. In subsection (b), new language has been
environmental assessment of § 287.127.                         added requiring that the operator of a residual waste
Section 288.202. Certification.                                landfill comply with the terms and conditions of any air
                                                               quality plan approval and air quality operating permit
  The proposed change to this section adds one item to         issued to the facility.
the list of major construction activities for which the
operator must submit a certification by a professional         Section 288.218. Nuisance minimization and control.
engineer upon completion. The item, in subsection (a)(12),        Several proposed changes have been made to this
is the construction of the landfill gas extraction system.     section. The title of this section has been amended to
This is being added because many facilities are develop-       reflect the need to minimize nuisances during the opera-
ing gas recovery systems and this is a major construction      tional phase of the facility. The nuisance minimization
activity.                                                      and control plan, approved under § 288.136, should be
Section 288.211. Signs and markers.                            implemented to control and minimize all nuisances such
                                                               that conditions that give rise to public nuisances will be
  In subsection (d), proposed changes eliminate the pre-       abated. Subsection (b) has been modified to require that
scriptive language about the size and content of signs and     an operator minimize and control public nuisances. The
replace the requirement with a performance standard            Department’s focus will be on ensuring that the operator
that the sign can be easily seen and read.                     implement its nuisance minimization and control plan
Section 288.213. Access roads.                                 effectively. The operator will be responsible for minimiz-
                                                               ing and controlling nuisances as they arise during opera-
  Proposed changes to this section differentiate between       tions. A new subsection (c) has been added to specifically
access roads leading to the disposal area and those            address the minimization and control of odors. In addition
leading to ancillary structures. Subsection (e) has been       to implementing the nuisance minimization and control
changed to remove the minimum cartway width for access         plan, the operator must perform site inspections to evalu-
roads not leading to a disposal area. Subsection (f) has       ate the effectiveness of its waste management practices in
been changed to remove the requirement that an access          reducing the potential for offsite odor creation. Also, the
road to a treatment facility, impoundment or groundwater       operator must promptly address any problems or deficien-
monitoring point be negotiable by loaded collection ve-        cies discovered in the course of the site inspections.
hicles. Subsection (g), which requires that an access road
be constructed on a dry and stable area, has been deleted.     Section 288.221. Daily volume.
The performance standards in this section are sufficient          The proposed amendments include a new § 288.221 to
to direct the safe construction of access roads. Subsection    require compliance with the daily volumes approved in
(h), which contains the prescriptive requirements that         the permit and to indicate how the daily volumes are to
any topsoil be removed prior to construction of an access      be calculated. The annual computation of the average
road and be immediately used as final cover or stored,         daily volume received at a landfill must be included in
has been deleted. The landfill operator may determine the      the operator’s annual report. A similar section already
best use for the soil.                                         exists in the municipal waste regulations.
Section 288.214. Measurement and inspection of waste.          Section 288.231. Topsoil storage.
  The title to this section has been amended to include          This section has been deleted in this proposed rule-
the inspection of waste. In addition, a new subsection (c)     making because the volume of topsoil at these sites is
has been added that requires an operator of a landfill to      inadequate or, in some cases, nonexistent for use as final
inspect and monitor incoming waste for consistency with        cover. The operator is required upon closure to supply the
this article and the permit and to monitor for radioactive     necessary soil. The bond calculations include the price of
isotopes.                                                      purchasing acceptable soil, if necessary.
Section 288.215. Equipment.                                    Section 288.232. Daily cover.
   In subsection (b), the requirement that standby equip-        The design requirements in subsection (d) are proposed
ment must be located on the site or at a place where it        to be deleted and replaced with performance standards.
can be available within 24 hours has been deleted. This        The detailed soil requirements are no longer necessary for
requirement is redundant of the requirement in subsec-         purposes of daily cover, especially because the proposed
tion (a) that the operator maintain on the site equipment      regulations allow for alternatives to soil to be used for
necessary for the operation of the facility in accordance      daily cover. In addition, the following proposed changes to
with the permit.                                               subsection (c) have been made: first, in paragraph (4), the
Section 288.216. Unloading and compaction.                     “noncombustible” performance standard for cover material
                                                               has been changed to “capable of controlling fires,” a
  In subsection (a), the requirement that waste be com-        standard that is consistent with the municipal waste
pacted in 2 foot depths has been deleted and replaced          regulations; and secondly, a new performance standard,
with a requirement that waste be compacted in accord-          paragraph (5), has been added that the cover material
ance with the compaction and cover plan approved in the        shall be consistent with the waste acceptance plan for the
permit.                                                        facility. The requirement for consistency with the waste
Section 288.217. Air resources protection.                     acceptance plan takes into consideration the use of wastes
                                                               as cover materials.
  Proposed changes to this section clarify the require-
                                                               Section 288.233. Intermediate cover and slopes.
ments that currently exist in this section. In subsection
(a), the changes include the correction of a typographical        Several changes have been proposed to this section. In
error (“containment” to “contaminant”) and cross referenc-     subsection (b), the operator must demonstrate that the
ing the nuisance minimization and control requirements         composition of the waste disposed at the facility will not
of § 288.218 (relating to nuisance minimization and            cause erosion, among other existing criteria, to qualify for
control). In subsection (a)(3), a requirement to minimize      a waiver of the intermediate cover requirements. The
the generation of fugitive dust emissions from the facility    following proposed changes to subsection (c) have been
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                  4083

made: first, in paragraph (4), the “noncombustible” perfor-     points. Subsection (e) has been deleted because it is no
mance standard for cover material has been changed to           longer necessary to require that monitoring and compli-
“capable of controlling fires,” a standard that is consistent   ance wells be drilled by drillers licensed under the Water
with the municipal waste regulations; secondly, a new           Well Drillers License Act. Section 288.152 requires that
performance standard, paragraph (5), has been added             an applicant demonstrate that the monitoring wells will
that the cover material shall be consistent with the waste      accurately measure groundwater quality. The details of
acceptance plan for the facility; thirdly, in paragraph (6),    well construction are included in this demonstration.
germination and propagation will only be required if it is      Without specifying who must drill the wells, the Depart-
necessary to control infiltration of precipitation and ero-     ment has maintained the design and performance stan-
sion and sedimentation; and fourth, in paragraph (7), a         dards that must be met.
new standard has been added requiring the control of
infiltration of precipitation and of erosion and sedimenta-     Section 288.253. Standards for wells and casing of wells.
tion. The requirement for consistency with the waste               The title of this section has been proposed to be
acceptance plan takes into consideration the use of wastes      modified to include “wells” to reflect accurately the scope
as cover materials.                                             of the section. Subsection (a)(3)(iv) has been deleted to
   As with daily cover, proposed changes to subsection (d)      eliminate the requirement that slot openings, design and
delete most of the design standards for soil and replace        screen diameter allow for effective well development
them with the performance standards. The detailed soil          because it is a common practice in the development of
requirements are no longer necessary for purposes of            wells. In subsection (a)(5) the requirement that well
intermediate cover, especially because the proposed regu-       casings be clearly visible has been added. In subsection
lations allow for alternatives to soil to be used for           (a)(7), the prescriptive design requirement about plastic
intermediate cover. This proposed revision only maintains       casings has been deleted and replaced with a requirement
two design requirements for intermediate cover that are         that plastic casing be designed and constructed in a
applicable to soil and soil-like materials. Of these two        manner that prevents cross contamination between sur-
requirements, one has been changed to require that the          face water and groundwater. In subsection (b)(5), the
cover be uniformly “graded” instead of “compacted.” Exist-      prescriptive design requirement that a well casing enclos-
ing subsection (e), which required the maintenance of a         ing a monitoring well casing protrude at least 1 inch
5-day supply of cover material onsite, has been elimi-          higher above grade than the monitoring well casing has
nated. Changes in new subsection (e) clarify that if            been deleted. The requirement no longer specifies an
vegetation is to be used it must be established within 30       exact height the protective casing must protrude above
days. Changes in new subsection (f) additionally require        the monitoring well casing.
that slopes constructed during intermediate cover activi-       Section 288.256. Groundwater assessment plan.
ties (not just during landfilling) may not exceed 50%.
                                                                   In subsection (a), the time available to prepare and
Section 288.234. Final cover and grading.                       submit a groundwater assessment plan has been ex-
   In subsection (a), the prescriptive design standards for     tended from 30 to 60 days. This proposed change was
the cap have been reduced and performance standards             made because field experience has demonstrated that
have been added to provide greater flexibility. A new           more time is necessary to evaluate the causes of degrada-
subsection (c) enables an operator to obtain an equiva-         tion and to prepare a report explaining exceedances at
lency review for alternative cap designs. In subsection (e),    the monitoring points. Also, a fate and transport analysis
the final cover placed over the drainage layer will now         must be performed to determine the rate and direction of
have to be capable of controlling fires and be consistent       migration of contaminants in the groundwater. Subsection
with the waste acceptance plan for the landfill. In             (a)(2) has been proposed to be deleted because the
subsection (f), the design requirement that the combus-         requirement is outdated. Under subsection (c), new lan-
tible or coal content of the cover may not exceed 12% by        guage indicates that if an operator establishes compliance
weight has been proposed to be deleted because it is            points as part of the assessment, the points shall be
prescriptive and the requirement for controlling fires is       constructed in accordance with Sections 288.252 and
now a performance standard.                                     288.253 (relating to number, location and depth of moni-
                                                                toring points; and standards for wells and casing of
Section 288.245. Water supply replacement.                      wells). If an operator intends to meet the background
  In subsection (a), new proposed language has been             standard for remediation, the operator is advised to
included to clarify that when an operator adversely             establish the same points for monitoring and remediation
affects a water supply by degradation, pollution or other       compliance, since compliance with the background stan-
means, the operator must restore the affected supply. The       dard requires background to be demonstrated in all areas
proposed amendments include a new subsection (d) that           where the contamination occurs. A new subsection (c)(5)
explains what qualifies as a permanent water supply for         has been proposed to be added to require the identifica-
purposes of water supply replacement. Permanent water           tion in the assessment plan of the abatement standard
supplies include development of a new well with a               that will be met. By requiring this information in an
distribution system, interconnection with a public water        assessment plan, the operator must plan for the likeli-
supply, or extension of a private water supply. A perma-        hood of implementing abatement where the fate and
nent water supply does not include provision of bottled         transport analysis indicates there will be a problem.
water or a water tank supplied by a bulk water hauling          Section 288.257. Abatement plan.
system. These proposed changes were made to be consis-
tent with the municipal waste regulations.                        In subsection (a)(1), the triggers for requiring abate-
Section 288.252. Number, location and depth of monitor-         ment have been proposed to be revised. “Mandatory
ing points.                                                     abatement trigger levels” have been deleted. Abatement is
                                                                required when one of the following occurs: 1) the ground-
  Subsection (b)(3) has been proposed to be modified to         water assessment plan shows the presence of groundwa-
require that additional wells be located at the compliance      ter degradation at the monitoring points (within 200 feet
points, which are different from the existing monitoring        of the permitted disposal area) and the fate and transport
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4084                                           PROPOSED RULEMAKING

analysis indicates that an abatement standard will not be     Section 288.272. Emergency equipment.
met; or 2) monitoring by the Department or the operator
shows the presence of an abatement standard exceedance           Subsection (a)(3) has been proposed to be amended to
from one or more compliance points.                           require that an adequate water supply be available for
                                                              firefighting equipment.
  The proposed amendments include a new subsection (c)
which establishes the abatement standards that must be        Section 288.283. Annual operation report.
met at a landfill. The abatement standards and their            In subsection (b)(1), the annual operation reporting
points of compliance are identified as follows: 1) for        requirements have been proposed to be modified to
constituents for which a statewide health standard exists,    require noncaptive residual waste landfills to describe the
the Statewide health standard for that constituent with       average daily volume received at the facility since identi-
compliance points at and beyond 150 meters of the             fying average daily volume is now a requirement for
perimeter of the permitted disposal area or at the prop-      residual waste landfills. In addition, a proposed change in
erty boundary, whichever is closer; 2) the background         subsection (c) increases the fee that accompanies the
standard for constituents with compliance points at and       annual operation report from $2,500 to $4,600 to cover
beyond 150 meters of the perimeter of the permitted           increases in administrative costs.
disposal area or at the property boundary, whichever is
closer; and 3) for constituents for which no primary MCLs     Section 288.292. Closure.
under the Federal and State Safe Drinking Water Acts            In subsection (b), the reference to “partial closure” has
exist, the risk-based standard for that constituent with      been proposed to be deleted and the language has been
compliance points at and beyond 150 meters of the             conformed to be consistent with the changes made to
perimeter of the permitted disposal area or at the prop-      § 288.182 (relating to closure plan).
erty boundary, whichever is closer.
                                                                 A new subsection (c) has been added to the proposed
   The risk-based standard has been developed to be           rulemaking that gives a person the option to continue to
consistent with 40 CFR 258.55(i) (relating to assessment      implement an approved abatement plan or modify a
monitoring program). The proposed amendments include          closure plan to address groundwater degradation that
several factors that must be considered when using a          exists at closure or occurs after closure. If a person
risk-based standard for abatement. The factors identified     chooses to submit a an application for a permit modifica-
are as follows: 1) the risk assessment used to establish      tion, the application must identify the remediation stan-
the standard must assume that human receptors exist at        dards that will be met in accordance with the final
the property boundary; 2) the level must be derived in a      closure certification requirements in § 287.342 (relating
manner consistent with Department guidelines for assess-      to final closure certification). The Department will accept
ing the health risks of environmental pollution; 3) the       the selection of remediation standards if technical infor-
level must be based on scientifically valid studies con-      mation and supporting documentation of the remediation
ducted in accordance with the Toxic Substances Control        activities demonstrate that the standards will be met and
Act Good Laboratory Practice Standards or other scien-        maintained and if documentation of cooperation or an
tifically valid studies approved by the Department; and       agreement is in place with a third party where a remedy
for carcinogens, the level must represent a concentration     relies on access to or use of a third party’s property for
associated with an excess lifetime cancer risk of 1 × 10-5    remediation or monitoring.
at the property boundary. The risk-based standard may
not be used if a state or Federal primary MCL exists for      Additional Application Requirements for Class I Residual
the contaminant in question.                                                       Waste Landfills
  In proposed new subsection (d), the Department may          Section 288.412. Liner system and leachate control plan.
approve a compliance point beyond 150 meters on land             In subsection (c), the requirement that the leachate
owned by the owner of the disposal area for measuring         demonstration be based on the EPA Method 9090 compat-
compliance with secondary contaminants when using             ibility test has been replaced with language that allows
either the statewide health or risk-based standard.           the demonstration to be based on EPA or ASTM guide-
Section 288.261. Mineral resources.                           lines approved by the Department. This change will allow
                                                              applicants to keep up with changing standards and
   Proposed changes to subsection (a) delete the prescrip-    technology. Also, in subsection (d)(19), a requirement has
tive 25 foot coal seam and coal outcrop isolation distance,   been added to identify in the permit application the
replacing it with a requirement that the operator isolate     percent of recycled material in the proposed primary and
a coal seam, coal outcrop and coal refuse in a manner         secondary liners.
that prevents combustion of the waste and damage to the
liner system.                                                  Additional Operating Requirements for Class I Residual
                                                                                  Waste Landfills
Section 288.262. Gas control and monitoring.
                                                              Section 288.422. Areas where Class I residual waste
  Proposed changes to subsection (e)(3) delete the stan-        landfills are prohibited.
dard for gas monitoring in areas adjacent to the permit
area. The regulation continues to require the operator to       Several changes have been proposed in this section.
control decomposition gases onsite to prevent danger to       First, subsection (a)(4) currently requires that an operator
occupants of adjacent properties. The onsite monitoring       own the underlying recoverable or mineable coal in order
serves as an early warning indicator of potential offsite     to obtain a Class I residual waste landfill permit. The
migration.                                                    proposed revision would extend the requirement to owner-
Section 288.271. Hazard prevention.                           ship of all recoverable or mineable minerals. As explained
                                                              in the discussion of § 288.127, the expanded coverage
  The emergency procedures in this section have been          from coal to all mineable minerals will better protect
proposed to be modified to delete information already         landfills from potential instability problems associated
required in the Preparedness, Prevention and Contin-          with mining activities. The proposed revision provides an
gency (PPC) Plan.                                             exemption from this limitation for captive facilities per-
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                  4085

mitted prior to July 4, 1992, to allow for expansions of        ance or renewal of the permit, or expansion of the permit
these facilities on adjacent areas.                             area is sought. This requirement is drawn from the
                                                                isolation distance in Act 101 of 300 yards from a school,
   Secondly, subsection (a)(7), which refers to distance        park or playground for municipal waste landfills, resource
between occupied dwellings and landfills, is bifurcated for     recovery facilities and commercial residual waste treat-
clarity. Subparagraph (i) refers to landfills permitted         ment facilities. Section 511(c) of Act 101 authorizes the
prior to the date of publication of the final-form regula-      Department to establish site limitations by regulation
tions in the Pennsylvania Bulletin, to expansions of            that are in addition to or more stringent than the site
residual waste landfills that were permitted prior to the       limitation between these facilities and parks, playgrounds
date of publication of the final-form regulations in the        or schools. The same Legislative concerns that apply to
Pennsylvania Bulletin, and to captive residual waste            setback distances from municipal waste landfills for
landfills. In that subparagraph, the reference to “facilities   parks, playgrounds and schools would apply to residual
permitted prior to July 4, 1992” is deleted as unnecessary      waste landfills.
since subsection (a) exempts areas permitted prior to July
4, 1992, in the lead-in language. Subparagraph (ii) refers      Section 288.423. Minimum requirements for acceptable
to residual waste landfills permitted after the date of            waste.
publication, except for captive residual waste landfills.          A new subsection (a)(6) has been added that prohibits a
The proposed amendments extend the isolation distance           person from disposing of residual waste at a Class I
between landfills and occupied dwellings to 300 yards,          residual waste landfill unless the physical characteristics
from 300 feet. This additional distance will help to reduce     of the waste will not cause or contribute to structural
complaints from nearby dwellings concerning noise, odors,       instability or other operating problems at the site. This
and nuisances. The requirement is drawn from the                revision has been proposed to ensure the integrity of the
isolation distance in Act 101 of 300 yards from a school,       liner system.
park or playground for municipal waste landfills, resource
recovery facilities and commercial residual waste treat-        Section 288.432. General limitations.
ment facilities. Section 511(c) of Act 101 (53 P. S.               In subsection (a), a change has been proposed to the
§ 4000.511(c)) authorizes the Department to establish site      requirement that 4 feet exist between the top of the
limitations by regulation that are in addition to or more       subbase of the liner system and the seasonal high water
stringent than the site limitation between a facility and       table. The revision requires that the bottom of the
parks, playgrounds or schools. The same Legislative             subbase cannot be in contact with the seasonal high
concerns that apply to setback distances from schools           water table or perched water table. The prescriptive
would apply to occupied dwellings. The owner of the             buffer between the liner system and the seasonal high
dwelling may provide a written waiver consenting to the         water table has been replaced with a performance stan-
facility being closer than 300 yards.                           dard to prevent contact between the two. In subsection
                                                                (a)(2), the drainage systems may now be used to prevent
  In subsection (a)(10), the proposed amendments delete
                                                                contact between the bottom of the subbase and the water
the prohibition against constructing a facility within 25
                                                                tables rather than to maintain the 4-foot isolation dis-
feet of a coal seam or coal outcrop or of coal refuse. This
                                                                tance. This change is consistent with the other changes in
standard is not necessary because adequate protection
                                                                subsection (a). In subsection (b), the 8-foot isolation
from fires can be addressed in the design of the facility.
                                                                distance from the top of the subbase and the regional
To address fire protection in the facility design, the
                                                                groundwater table for unconfined aquifers has been
Department proposes in § 288.261 (relating to mineral
                                                                changed to the distance from the bottom of the subbase to
resources) to require a landfill operator to isolate coal
                                                                be consistent with the existing municipal waste regula-
seams, coal outcrops and coal refuse from waste deposits
                                                                tions in § 273.252(b). In subsection (c), the 8-foot isola-
in a manner that prevents combustion of the waste.
                                                                tion distance for confined aquifers from the top of the
   In subsection (a)(11), the proposed amendments amend         subbase to the top of the confining layer or the shallowest
the isolation distances from airports to reflect the restric-   level below the bottom of the subbase where groundwater
tions in the federal Subtitle D (40 CFR Part 258)               occurs has been changed to the distance from the bottom
regulations. Based on the Department’s experience with          of the subbase. These changes from the top to the bottom
putrescible waste in landfills in the municipal waste           of the subbase have been proposed to clarify questions
program, these proposed amendments establish a site             raised during construction of landfills.
limitation that must be met unless the applicant can            Section 288.433. Subbase.
demonstrate that the landfill will be designed and oper-
ated so that it will not pose a bird hazard to aircraft.          The design requirements in subsection (b) have been
Definitions for “airport” and “bird hazard” are included in     modified to delete the minimum bearing capacity of the
this section that contain language from the Subtitle D          subbase and to increase permissible subbase slopes from
regulations.                                                    25% to 33%. These proposed changes were made because
                                                                construction on steeper slopes has proven to be effective.
   Subsection (a)(12) has been added to be consistent with
the municipal waste regulations. It provides for an isola-      Section 288.434. Secondary liner.
tion distance between landfills and schools, parks and            In subsection (b), the words “at the minimum” were
playgrounds that is 300 yards. This requirement will            added to allow for the use of liners that meet or exceed
apply to landfills permitted on or after the date of            the design requirements in Appendix A, Table I without
publication of the final-form regulations in the Pennsylva-     an equivalency demonstration.
nia Bulletin. The property owner of the park, playground
                                                                Section 288.435. Leachate detection zone.
or school may provide a written waiver consenting to the
facility being closer than 300 yards. Noncaptive landfills        In subsection (b)(5)(ii), the design requirement that the
permitted prior to the date of publication of these pro-        distance between pipes in the piping system for the
posed amendments as final in the Pennsylvania Bulletin          leachate detection zone not exceed 100 feet on center has
are not intended to be affected by the more stringent           been deleted. This change has been proposed because it
isolation distances proposed in this section when reissu-       has not proven necessary for an effective system. In
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4086                                           PROPOSED RULEMAKING

subsection (f), the language concerning monitoring of the      lines approved by the Department. This proposed change
leachate detection zone has been revised to replace            will allow applicants to keep up with changing standards
“exceedance of mandatory abatement trigger levels” with        and technology. Also, in subsection (d)(19), a requirement
“groundwater degradation at a monitoring well.” This           has been added to identify in the permit application the
change has been proposed because mandatory abatement           percent of recycled material in the proposed primary and
trigger levels are proposed to be deleted in this rule-        secondary liners.
making. Additionally, in subsection (f)(1), the proposed
amendments require that an operator not only submit to         Additional Operating Requirements for Class II Residual
the Department a remedial plan for controlling the source                          Waste Landfills
of leachate in the leachate detection zone, but also that      Section 288.522. Areas where Class II residual waste
the operator correct a malfunction or defect in the liner        landfills are prohibited.
system where groundwater degradation has been de-
tected.                                                          Several changes have been proposed in this section.
                                                               First, subsection (a)(4) currently requires that an operator
Section 288.436. Primary liner.                                own the underlying recoverable or mineable coal in order
   In subsection (b), the words “at the minimum” were          to obtain a Class II residual waste landfill permit. The
added to allow for the use of liners that meet or exceed       proposed revision would extend the requirement to owner-
the design requirements in Appendix A, Table I without         ship of all recoverable or mineable minerals. As explained
an equivalency demonstration.                                  in the discussion of § 288.127, the expanded coverage
                                                               from coal to all mineable minerals will better protect
Section 288.438. Leachate collection system within protec-     landfills from potential instability problems associated
   tive cover.                                                 with mining activities. The proposed revision provides an
   This proposed rulemaking amends subsection (a)(2) to        exemption from this limitation for captive facilities per-
authorize the Department to condition a permit to allow        mitted prior to July 4, 1992, to allow for expansions of
the depth of leachate on or above the primary liner to         these facilities on adjacent areas.
exceed 1 foot for sump areas because a sump area is used
for collection of leachate and frequently exceeds 1 foot of       Secondly, subsection (a)(7), which refers to distance
head. An exceedance may also occur for a 25-year,              between occupied dwellings and landfills, is bifurcated for
24-hour precipitation event where the one foot of head         clarity. Subparagraph (i) refers to landfills permitted
will be exceeded for less than 3 days to address excep-        prior to the date of publication of the final-form regula-
tional precipitation events. This revision is intended to      tions in the Pennsylvania Bulletin, to expansions of
address two situations in which exceedance of the 1-foot       residual waste landfills that were permitted prior to the
limit should not pose a problem.                               date of publication of the final-form regulations in the
                                                               Pennsylvania Bulletin, and to captive residual waste
Section 288.454. Leachate recirculation.                       landfills. In that subparagraph, the reference to “facilities
   Subsection (b) has been added to allow the Department       permitted prior to July 4, 1992” is deleted as unnecessary
to authorize an alternative leachate recirculation method      since subsection (a) exempts areas permitted prior to July
for a facility. This proposed revision will allow, for         4, 1992 in the lead-in language. Subparagraph (ii) refers
example, an alternative design where intermediate cover        to residual waste landfills permitted after the date of
may not be necessary or a piping system is not used.           publication, except for captive residual waste landfills.
                                                               The proposed amendments extends the isolation distance
Section 288.455. Leachate collection and storage.              between landfills and occupied dwellings to 300 yards,
   Proposed changes in subsection (b) allow tank or im-        from 300 feet. This additional distance will help to reduce
poundment storage volumes at captive facilities to be          complaints from nearby dwellings concerning noise, odors,
performance based as opposed to always requiring the           and nuisances. The requirement is drawn from the
volume to be based on the expected 30-day flow. Most           isolation distance in Act 101 of 300 yards from a school,
residual waste landfills are captive facilities and have       park or playground for municipal waste landfills, resource
existing storage and treatment facilities capable of han-      recovery facilities and commercial residual waste treat-
dling the expected leachate flow without increasing stor-      ment facilities. Section 511(c) of Act 101 authorizes the
age capacity. A proposed revision to subsection (d) indi-      Department to establish site limitations by regulation
cates that the storage capacity of impoundments and            that are in addition to or more stringent than the site
tanks will be increased if necessary. A new subsection (g)     limitation between a facility and parks, playgrounds or
has been added to require secondary containment for            schools. The same Legislative concerns that apply to
pipes that are located outside the lined areas of the          setback distances from schools would apply to occupied
facility. This requirement has been added to reduce the        dwellings. The owner of the dwelling may provide a
likelihood of leaks or releases from the pipes.                written waiver consenting to the facility being closer than
                                                               300 yards.
Section 288.456. Leachate analysis and sludge handling.
  Proposed changes in subsection (a)(2) allow the Depart-        In subsection (a)(10), the proposed amendments delete
ment to modify the frequency or chemical constituents of       the prohibition against constructing a facility within 25
leachate testing if the facility operator demonstrates after   feet of a coal seam or coal outcrop or of coal refuse. This
four quarters of testing that this will not compromise         standard is not necessary because adequate protection
groundwater protection.                                        from fires can be addressed in the design of the facility.
Additional Application Requirements for Class II Residual         In subsection (a)(11), the proposed amendments amend
                      Waste Landfills                          the isolation distances from airports to reflect the restric-
                                                               tions in the Federal Subtitle D (40 CFR Part 258)
Section 288.512. Liner system and leachate control plan.       regulations. Based on the Department’s experience with
  In subsection (c), the requirement that the leachate         putrescible waste in landfills in the municipal waste
demonstration be based on the EPA Method 9090 compat-          program, these proposed amendments establish a site
ibility test has been replaced with language that allows       limitation that must be met unless the applicant can
the demonstration to be based on EPA or ASTM guide-            demonstrate that the landfill will be designed and oper-
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                   4087

ated so that it will not pose a bird hazard to aircraft.        changes from the top to the bottom of the subbase have
Definitions for “airport” and “bird hazard” are included in     been proposed to clarify questions raised during construc-
this section that contain language from the Subtitle D          tion of landfills.
regulations.                                                    Section 288.533. Subbase.
   Subsection (a)(12) has been added to be consistent with        The design requirements in subsection (b) have been
the municipal waste regulations. It provides for an isola-      modified to delete the minimum bearing capacity of the
tion distance between landfills and schools, parks and          subbase and to increase permissible subbase slopes from
playgrounds that is 300 yards. The requirement will             25% to 33%. These proposed changes were made because
apply to landfills permitted on or after the date of            construction on steeper slopes has proven to be effective.
publication of the final-form regulations in the Pennsylva-
nia Bulletin. The property owner of the park, playground        Section 288.534. Leachate detection zone.
or school may provide a written waiver consenting to the           In subsection (b)(4)(ii), the design requirement that the
facility being closer than 300 yards. Noncaptive landfills      distance between pipes in the piping system for the
permitted prior to the date of publication of these amend-      leachate detection zone not exceed 100 feet on center has
ments as final-form regulations in the Pennsylvania             been deleted. This change has been proposed because it
Bulletin are not intended to be affected by the more            has not proven necessary for an effective system. In
stringent isolation distances proposed in this section          subsection (f), the language concerning monitoring of the
when reissuance or renewal of the permit, or expansion of       leachate detection zone has been revised to replace
the permit area is sought. This requirement is drawn            “exceedance of mandatory abatement trigger levels” with
from the isolation distance in Act 101 of 300 yards from a      “groundwater degradation at a monitoring well.” This
school, park or playground for municipal waste landfills,       change has been proposed because mandatory abatement
resource recovery facilities and commercial residual waste      trigger levels are proposed to be deleted in this rule-
treatment facilities. Section 511(c) of Act 101 authorizes      making. Additionally, in subsection (f)(1), the proposed
the Department to establish site limitations by regulation      amendments require that an operator not only submit to
that are in addition to or more stringent than the site         the Department a remedial plan for controlling the source
limitation between these facilities and parks, playgrounds      of leachate in the leachate detection zone, but also that
or schools. The same Legislative concerns that apply to         the operator correct a malfunction or defect in the liner
setback distances from municipal waste landfills for            system where groundwater degradation has been de-
parks, playgrounds and schools would apply to residual          tected.
waste landfills.                                                Section 288.535. Liner.
Section 288.523. Minimum requirements for acceptable              In subsection (b), the words “at the minimum” were
  waste.                                                        proposed to be added to allow for the use of liners that
                                                                meet or exceed the design requirements in Appendix A,
  The phrases “drinking water standard” and “groundwa-
                                                                Table I without an equivalency demonstration.
ter parameter” are proposed to be changed to “waste
classification standard” to be consistent with that term’s      Section 288.537. Leachate collection system within protec-
definition in § 287.1.                                            tive cover.
   A new subsection (a)(12) has been proposed to be added          This proposed rulemaking amends subsection (a)(2) to
that prohibits a person from disposing of residual waste        authorize the Department to condition a permit to allow
at a Class I residual waste landfill unless the physical        the depth of leachate on or above the primary liner to
characteristics of the waste will not cause or contribute to    exceed 1 foot for sump areas because a sump area is used
structural instability or other operating problems at the       for collection of leachate and frequently exceeds one foot
site. This revision has been proposed to ensure the             of head. An exceedance may also occur for a 25-year,
integrity of the liner system.                                  24-hour precipitation event where the one foot of head
                                                                will be exceeded for less than 3 days to address excep-
Section 288.532. General limitations.                           tional precipitation events. This revision is intended to
                                                                address two situations in which exceedance of the 1-foot
  In subsection (a), a change has been proposed to the          limit for a short time period should not pose a problem.
requirement that 4 feet exist between the top of the
subbase of the liner system and the seasonal high water         Section 288.554. Leachate recirculation.
table. The revision requires that the bottom of the               Subsection (b) has been added to allow the Department
subbase cannot be in contact with the seasonal high             to authorize an alternative leachate recirculation method
water table or perched water table. The prescriptive            for a facility. This proposed revision will allow, for
buffer between the liner system and the seasonal high           example, an alternative design where intermediate cover
water table has been replaced with a performance stan-          may not be necessary or a piping system is not used.
dard to prevent contact between the two. In subsection
                                                                Section 288.555. Leachate collection and storage.
(a)(2), the drainage systems may now be used to prevent
contact between the bottom of the subbase and the water           Proposed changes in subsection (b) allow tank or im-
tables rather than to maintain the 4-foot isolation dis-        poundment storage volumes at captive facilities to be
tance. This change is consistent with the other changes in      performance based as opposed to always requiring the
subsection (a). In subsection (b), the 8-foot isolation         volume to be based on the expected 30-day flow. Most
distance from the top of the subbase and the regional           residual waste landfills are captive facilities and have
groundwater table for unconfined aquifers has been              existing storage and treatment facilities capable of han-
changed to the distance from the bottom of the subbase.         dling the expected leachate flow without increasing stor-
In subsection (c), the 8-foot isolation distance for confined   age capacity. A proposed revision to subsection (d) indi-
aquifers from the top of the subbase to the top of the          cates that the storage capacity of impoundments and
confining layer or the shallowest level below the bottom of     tanks will be increased if necessary. A new subsection (g)
the subbase where groundwater occurs has been changed           has been added to require secondary containment for
to the distance from the bottom of the subbase. These           pipes that are located outside the lined areas of the
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4088                                            PROPOSED RULEMAKING

facility. This requirement has been added to reduce the            In subsection (a)(11), the proposed amendments amend
likelihood of leaks or releases from the pipes.                 the isolation distances from airports to reflect the restric-
Section 288.556. Leachate analysis and sludge handling.         tions in the Federal Subtitle D (40 CFR Part 258)
                                                                regulations. Based on the Department’s experience with
  Proposed changes in subsection (a)(2) allow the Depart-       putrescible waste in landfills in the municipal waste
ment to modify the frequency or chemical constituents of        program, these proposed amendments establish a site
leachate testing if the facility operator demonstrates after    limitation that must be met unless the applicant can
four quarters of testing that this will not compromise          demonstrate that the landfill will be designed and oper-
groundwater protection.                                         ated so that it will not pose a bird hazard to aircraft.
Additional Operating Requirements for Class III Residual        Definitions for “airport” and “bird hazard” are included in
                    Waste Landfills                             this section that contain language from the Subtitle D
                                                                regulations.
Section 288.621. Basic requirements.
                                                                   Subsection (a)(12) has been added to be consistent with
  This section is amended to require that an operator of a      the municipal waste regulations. It provides for an isola-
Class III residual waste landfill comply with                   tion distance between landfills and schools, parks and
§§ 288.622—288.625. This proposed revision is made to           playgrounds that is 300 yards. This proposed requirement
correct a clerical error.                                       will apply to landfills permitted on or after the date of
Section 288.622. Areas where Class III residual waste           publication of the final-form regulations in the Pennsylva-
  landfills are prohibited.                                     nia Bulletin. The property owner of the park, playground
                                                                or school may provide a written waiver consenting to the
  Several changes have been proposed in this section.           facility being closer than 300 yards. Noncaptive landfills
First, subsection (a)(4) currently requires that an operator    permitted prior to the date of publication of these amend-
own the underlying recoverable or mineable coal in order        ments as final-form regulations in the Pennsylvania
to obtain a Class II residual waste landfill permit. The        Bulletin are not intended to be affected by the more
proposed revision would extend the requirement to owner-        stringent isolation distances proposed in this section
ship of all recoverable or mineable minerals. As explained      when reissuance or renewal of the permit, or expansion of
in the discussion of § 288.127, the expanded coverage           the permit area is sought. This requirement is drawn
from coal to all mineable minerals will better protect          from the isolation distance in Act 101 of 300 yards from a
landfills from potential instability problems associated        school, park or playground for municipal waste landfills,
with mining activities. The proposed revision provides an       resource recovery facilities and commercial residual waste
exemption from this limitation for captive facilities per-      treatment facilities. Section 511(c) of Act 101 authorizes
mitted prior to July 4, 1992, to allow for expansions of        the Department to establish site limitations by regulation
these facilities on adjacent areas.                             that are in addition to or more stringent than the site
   Secondly, subsection (a)(7), which refers to distance        limitation between these facilities and parks, playgrounds
between occupied dwellings and landfills, is bifurcated for     or schools. The same Legislative concerns that apply to
clarity. Subparagraph (i) refers to landfills permitted         setback distances from municipal waste landfills for
prior to the date of publication of the final-form regula-      parks, playgrounds and schools would apply to residual
tions in the Pennsylvania Bulletin, to expansions of            waste landfills.
residual waste landfills that were permitted prior to the       Section 288.623. Minimum requirements for acceptable
date of publication of the final-form regulations in the          waste.
Pennsylvania Bulletin, and to captive residual waste
landfills. In that subparagraph, the reference to “facilities     The phrase “groundwater parameter” has been changed
permitted prior to July 4, 1992” is deleted as unnecessary      to “waste classification standard” to be consistent with
since subsection (a) exempts areas permitted prior to July      that term’s definition in § 287.1.
4, 1992, in the lead-in language. Subparagraph (ii) refers
to residual waste landfills permitted after the date of            A new subsection (a)(14) has been added that prohibits
publication, except for captive residual waste landfills.       a person from disposing of residual waste at a Class III
The proposed amendments extends the isolation distance          residual waste landfill unless the physical characteristics
between landfills and occupied dwellings to 300 yards,          of the waste will not cause or contribute to structural
from 300 feet. This additional distance will help to reduce     instability or other operating problems at the site. This
complaints from nearby dwellings concerning noise, odors,       revision has been proposed to ensure the integrity of the
and nuisances. The requirement is drawn from the                liner system.
isolation distance in Act 101 of 300 yards from a school,       Section 288.624. Attenuating soil.
park or playground for municipal waste landfills, resource
recovery facilities and commercial residual waste treat-          The title has been proposed to be revised to delete
ment facilities. Section 511(c) of Act 101 authorizes the       “base” after “attenuating soil” to clarify that attenuating
Department to establish site limitations by regulation          soil may be used on other portions of the landfill such as
that are in addition to or more stringent than the site         the sides. Performance standards have been added for
limitation between a facility and parks, playgrounds or         attenuating soil at a Class III residual waste landfill in
schools. The same Legislative concerns that apply to            order to allow the operator to demonstrate the attenuat-
setback distances from schools would apply to occupied          ing potential of soils that may not meet the design
dwellings. The owner of the dwelling may provide a              standards. This has been successfully demonstrated dur-
written waiver consenting to the facility being closer than     ing the repermitting of existing facilities. New technology
300 yards.                                                      has proven that varying soil types may be effective.
  In subsection (a)(10), the proposed amendments delete         Appendix A.
the prohibition against constructing a facility within 25
feet of a coal seam or coal outcrop or of coal refuse. This       The proposed amendments modify Tables I and II. The
standard is not necessary because adequate protection           proposed changes incorporate technological advances that
from fires can be addressed in the design of the facility.      have been made for liners and caps.
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                     4089

  Chapter 289. Residual Waste Disposal Impoundments            putrescible waste. This proposed rulemaking is added to
               Application Requirements                        be consistent with the Federal Subtitle D criteria for
                                                               municipal waste disposal facilities (40 CFR Part 258) and
Section 289.112. Facility plan.                                to facilitate greater input on the feasibility of the location
   Amendments have been proposed to this section to            of the impoundment.
reduce unnecessary and redundant information. Para-            Section 289.132. Operation plan.
graph (2) will now focus on the amount of soil needed to
construct and operate the facility because this informa-         Proposed changes to paragraph (1) require the appli-
tion is important for purposes of calculating the bond.        cant to include a plan for the inspection and monitoring
                                                               of incoming waste to help ensure that waste not approved
Section 289.113. Maps and related information.                 for receipt by the facility is not received and that waste
   Proposed changes in subsection (a) allow the Depart-        will be rejected or specially addressed if it poses a
ment to approve the use of a different horizontal scale        problem. Paragraphs (3) and (4), which are the require-
than 1 inch equals no more than 200 feet for all facilities,   ments to describe the type and size of equipment to be
not just those larger than 250 acres. Deletion of subsec-      used at the facility and the plan for hiring and training
tion (c), the requirement for a map or aerial photograph       personnel, have been deleted in this proposed rulemaking.
of the soil types, test pits and excavations taken under       Proposed changes to new paragraph (6) clarify the operat-
§ 289.124 (relating to soil description) on the proposed       ing hours of the facility. The amendment clarifies that
permit area and adjacent area, has been proposed be-           operating hours include time during which construction
cause the information has not proven useful for purposes       and operation activities will occur. This requirement will
of making a permit decision.                                   help the operator and the Department to minimize noise
Section 289.122. Geology and groundwater description.          complaints.
   New subsection (a)(8) and (9) have been proposed to         Section 289.134. Plan for access roads.
require the identification of wellhead protection areas          Amendments to this section have been proposed to
that may be impacted by the facility and to require the        require that access roads be designed and constructed to
submission of a groundwater contour map to describe the        handle truck traffic adequately. This requirement sets a
groundwater flow patterns. These provisions have been          performance standard by which to gauge the adequacy of
added to address wellhead protection regulations in            proposed access roads.
Chapter 109, promulgated since 1992, and to address
questions frequently raised by applicants and operators        Section 289.136. Nuisance minimization and control plan.
on background hydrogeologic information.                          Several proposed changes have been made to this
Section 289.124. Soil description.                             section. The title of this section has been amended to
                                                               reflect the need to minimize nuisances during the facility
   Subsection (a)(1) has been revised to replace the re-       planning stages. Subsection (a) has been modified to
quirement to provide a description of the soils in the         require that a plan be submitted that describes how
permit application with the requirement for applications       nuisances will be minimized and controlled. By planning
to describe the depth to the seasonal high water table in      to control and minimize all nuisances, the expectation is
order to demonstrate that it will not be in contact with       that conditions that give rise to public nuisances will be
the liner system. The soil information currently required      abated. The Department’s focus will be on ensuring the
is not necessary for lined impoundments because lined          effectiveness of the operator’s plan to minimize and
impoundments do not rely on soil attenuation. In subsec-       control nuisances. Subsection (b) has been added to
tion (a)(1), the demonstration that there is no contact        identify specific items that must be addressed in the plan.
with water is necessary to preserve the integrity of the       The plan must include the following: routine assessment
liner system. In subsection (a)(2), the addition of the        and control of vector infestations; methods to minimize
chemical description is necessary for soils that are not       and control nuisances from odors, dustfall and noise
clean fill.                                                    levels off the property boundary from the facility; and for
Section 289.127. Mineral deposits information.                 odors, a determination of normal and adverse weather
   This section currently requires a permit applicant to       conditions, based on site-specific meteorological data. The
demonstrate that it owns the recoverable or mineable           plan continues to allow the inclusion of contractual
coals underlying the permit area and adjacent area and         arrangements for the services of nuisance control profes-
to warrant that the applicant will not mine the coal as        sionals.
long as residual waste remains on the site. Subsection (b)     Section 289.137. Daily volume.
has been revised to expand the coverage from coal to all
mineable minerals to protect impoundments from poten-            The proposed amendments include a new section that
tial instability problems associated with mining activities.   requires identification in an application of the proposed
In addition, new language has been proposed to exempt          average and maximum daily volumes for the facility and
expansions of captive facilities permitted prior to July 4,    a detailed justification for the volumes. These volumes
1992, from the mineral deposits requirements in subsec-        are necessary to evaluate traffic, air quality and other
tion (b). This proposed revision will allow the expansion      potential harms during the environmental assessment
of captive facilities on adjacent areas rather than locating   review. These requirements currently exist in the munici-
new disposal sites.                                            pal waste landfill regulations.
Section 289.128. Notification of proximity to airport.         Section 289.141. Cover plan.
   This proposed rulemaking includes a new section to            A cross reference to the operating requirements is
require that a residual waste disposal impoundment             proposed to be amended to reflect the deletion of an
permit applicant notify the Federal Aviation Administra-       existing section in the operating requirements. Addition-
tion, the Department and the airport if the proposed           ally, in paragraph (3), the requirement that an applicant
facility is within 5 miles of an airport runway end. This      provide copies of contracts for the cover materials that
requirement only applies to facilities that plan to receive    will be used at the landfill is eliminated.
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4090                                           PROPOSED RULEMAKING

Section 289.152. Water quality monitoring plan.                Section 289.223. Access roads.
   Several significant proposed changes have been made to        Proposed changes to this section differentiate between
this section based on an overhauling of the groundwater        access roads leading to the disposal area and those
monitoring, abatement and remediation standards. In            leading to ancillary structures. Subsection (e) has been
subsection (a)(2), the proposed amendments require op-         changed to remove the minimum cartway width for access
erators of new facilities to provide pre-operational data      roads not leading to a disposal area. Subsection (f) has
showing existing groundwater quality in a permit applica-      been changed to remove the requirement that an access
tion. For facilities that existed on July 4, 1992, back-       road to a treatment facility, impoundment or groundwater
ground water quality must be presented in a permit             monitoring point be negotiable by loaded collection ve-
application. “Background,” as defined in Act 2, is the         hicles. Subsection (g), which requires that an access road
concentration of a substance determined by appropriate         be constructed on a dry and stable area, has been deleted.
statistical methods that is present at the site, but is not    The performance standards in this section are sufficient
related to the release of substances at that site. Under       to direct the safe construction of access roads. Subsection
subsection (b), the proposed amendments delete all refer-      (h), which contains the prescriptive requirements that
ences to the mandatory abatement trigger levels. The           any topsoil be removed prior to construction of an access
proposed amendments require an application to contain          road and be immediately used as final cover or stored,
procedures and techniques for evaluating analytical re-        has been deleted. The impoundment operator may deter-
sults to determine if groundwater degradation has oc-          mine the best use for the soil.
curred at a monitoring point. Subsections (d) and (e) have     Section 289.224. Measurement and inspection of waste.
been deleted because they pertain to the application of
“groundwater parameters” for groundwater monitoring,             The title to this section has been amended to include
and groundwater parameters are no longer applicable to         the inspection of waste. In addition, a new subsection (b)
groundwater abatement and remediation in the residual          has been added that requires an operator of a landfill to
waste regulations.                                             inspect and monitor incoming waste for consistency with
                                                               this article and the permit and to monitor for radioactive
Section 289.172. Closure plan.                                 isotopes.
  This section requires that a closure plan describe           Section 289.225. Equipment.
measures that will be taken toward and after closure. In          In subsection (b), the requirement that standby equip-
subsection (a), the proposed amendments delete the refer-      ment must be located on the site or at a place where it
ence to a postclosure period and clarify that the plan         can be available within 24 hours has been deleted. This
includes activities that occur toward and after closure.       requirement is redundant of the requirement in subsec-
Subsection (b)(3) has been deleted because activities such     tion (a) that the operator maintain on the site equipment
as capping of cells in stages are considered activities that   necessary for the operation of the facility in accordance
occur toward closure. Closure occurs only once at a            with the permit.
landfill, the date the facility permanently ceases to accept
waste. Subsection (b)(4) has been similarly revised to         Section 289.227. Air resources protection.
refer to activities that occur toward and after closure. A       Proposed changes to this section clarify the require-
correlating change has been made to § 288.292(b) (relat-       ments that currently exist in this section. In subsection
ing to closure). In subsection (b)(4)(vi), additional lan-     (a), the changes include the correction of a typographical
guage has been proposed to specify that the plan include       error (“containment” to “contaminant”) and cross referenc-
a description of maintenance of access control after           ing the nuisance minimization and control requirements
closure. This amendment addresses questions concerning         of § 288.218 (relating to nuisance minimization and
maintenance that have been raised in the field.                control). In subsection (a)(3), a requirement to minimize
                                                               the generation of fugitive dust emissions from the facility
                 Operating Requirements                        has been added. In subsection (b), new language has been
Section 289.201. Basic limitations.                            added requiring that the operator of a residual waste
                                                               impoundment comply with the terms and conditions of
   A new subsection (e) has been added that requires all       any air quality plan approval and air quality operating
approved mitigation measures identified in the applica-        permit issued to the facility.
tion to be completed before waste may be accepted, unless      Section 289.228. Nuisance minimization and control.
otherwise authorized in writing by the Department for
technical reasons. This proposed requirement bolsters the         Several proposed changes have been made to this
importance of effective mitigation, which is stressed in       section. The title of this section has been amended to
the environmental assessment of § 287.127.                     reflect the need to minimize nuisances during the opera-
                                                               tional phase of the facility. The nuisance minimization
Section 289.212. Waste solidification.                         and control plan, approved under § 289.136, should be
   Subsection (b) has been proposed to be amended to           implemented to control and minimize all nuisances such
authorize the Department, in a permit, to waive the            that conditions that give rise to public nuisances will be
minimum bearing capacity and minimum factor of safety          abated. Subsection (b) has been modified to require that
requirements for solidification of waste in a residual         an operator minimize and control public nuisances. The
waste impoundment to account for the intended actual           Department’s focus will be on ensuring that the operator
site use after final closure.                                  implement its nuisance minimization and control plan
                                                               effectively. The operator will be responsible for minimiz-
Section 289.221. Signs and markers.                            ing and controlling nuisances as they arise during opera-
                                                               tions. A new subsection (c) has been added to specifically
  In subsection (d), proposed changes eliminate the pre-       address the minimization and control of odors. In addition
scriptive language about the size and content of signs and     to implementing the nuisance minimization and control
replace the requirement with a performance standard            plan, the operator must perform site inspections to evalu-
that the sign can be easily seen and read.                     ate the effectiveness of its waste management practices in
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                  4091

reducing the potential for offsite odor creation. Also, the     Section 289.263. Standards for wells and casing of wells.
operator must promptly address any problems or deficien-
cies discovered in the course of the site inspections.            The title of this section has been modified to include
                                                                “wells” to reflect accurately the scope of the section. A
Section 289.229. Daily volume.                                  grammatical change is proposed to subsection (a)(1) to
  The proposed amendments include a new § 289.229 to            remove an unnecessary comma. Subsecction (a)(3)(iv) has
require compliance with the daily volumes approved in           been deleted to eliminate the requirement that slot
the permit and to indicate how the daily volumes are to         openings, design and screen diameter allow for effective
be calculated. The annual computation of the average            well development because it is a common practice in the
daily volume received at an impoundment must be in-             development of wells. In subsection (a)(5) the requirement
cluded in the operator’s annual report. A similar section       that well casings be clearly visible has been added. In
already exists in the municipal waste regulations.              subsection (a)(7), the prescriptive design requirement
                                                                about plastic casings has been deleted and replaced with
Section 289.241. Topsoil storage.                               a requirement that plastic casing be designed and con-
                                                                structed in a manner that prevents cross contamination
  This section has been deleted in this proposed rule-
                                                                between surface water and groundwater. In subsection
making because the volume of topsoil at these sites is
                                                                (b)(5), the prescriptive design requirement that a well
inadequate or, in some cases, nonexistent for use as final
                                                                casing enclosing a monitoring well casing protrude at
cover. The operator is required upon closure to supply the
                                                                least 1 inch higher above grade than the monitoring well
necessary soil. The bond calculations include the price of
                                                                casing has been deleted. The proposed requirement no
purchasing acceptable soil, if necessary.
                                                                longer specifies an exact height the protective casing
Section 289.242. Cover.                                         must protrude above the monitoring well casing.
   In subsection (a), the proposed amendments allow the         Section 289.266. Groundwater assessment plan.
use of materials other than soil for intermediate cover, if
                                                                   In subsection (a), the time available to prepare and
required. In subsection (b), the prescriptive design stan-
                                                                submit a groundwater assessment plan has been ex-
dards for the cap have been reduced and performance
                                                                tended from 30 to 60 days. This proposed change was
standards have been added to provide greater flexibility.
                                                                made because field experience has demonstrated that
A new subsection (d) enables an operator to obtain an
                                                                more time is necessary to evaluate the causes of degrada-
equivalency review for alternative cap designs. In subsec-
                                                                tion and to prepare a report explaining exceedances at
tion (e), the final cover placed over the drainage layer will
                                                                the monitoring points. Also, a fate and transport analysis
now have to be capable of controlling fires and be
                                                                must be performed to determine the rate and direction of
consistent with the waste acceptance plan for the im-
                                                                migration of contaminants in the groundwater. Subsection
poundment. In subsection (f), the design requirement that
                                                                (a)(2) has been deleted because the requirement is out-
the combustible or coal content of the cover may not
                                                                dated. Under subsection (c), new language indicates that
exceed 12% by weight has been deleted because it is
                                                                if an operator establishes compliance points as part of the
prescriptive and the requirement for controlling fires is
                                                                assessment, the points shall be constructed in accordance
now a performance standard.
                                                                with §§ 288.252 and 288.253 (relating to number, location
Section 289.255. Water supply replacement.                      and depth of monitoring points; and standards for wells
                                                                and casing of wells). If an operator intends to meet the
  In subsection (a), new language has been included to          background standard for remediation, the operator is
clarify that when an operator adversely affects a water         advised to establish the same points for monitoring and
supply by degradation, pollution or other means, the            remediation compliance, since compliance with the back-
operator must restore the affected supply. The proposed         ground standard requires background to be demonstrated
amendments include a new subsection (d) that explains           in all areas where the contamination occurs. A new
what qualifies as a permanent water supply for purposes         subsection (c)(5) has been added to require the identifica-
of water supply replacement. Permanent water supplies           tion in the assessment plan of the abatement standard
include development of a new well with a distribution           that will be met. By requiring this information in an
system, interconnection with a public water supply, or          assessment plan, the operator must plan for the likeli-
extension of a private water supply. A permanent water          hood of implementing abatement where the fate and
supply does not include provision of bottled water or a         transport analysis indicates there will be a problem.
water tank supplied by a bulk water hauling system.
These changes were made to be consistent with the               Section 289.267. Abatement plan.
municipal waste regulations.
                                                                   In subsection (a)(1), the triggers for requiring abate-
Section 289.262. Number, location and depth of monitor-         ment have been revised. “Mandatory abatement trigger
  ing points.                                                   levels” have been deleted. Abatement is required when
                                                                one of the following occurs: 1) the groundwater assess-
  Subsection (b)(3) has been proposed to be modified to         ment plan shows the presence of groundwater degrada-
require that additional wells be located at the compliance      tion at the monitoring points (within 200 feet of the
points, which are different from the existing monitoring        permitted disposal area) and the fate and transport
points. Subsection (e) has been proposed to be deleted          analysis indicates that an abatement standard will not be
because it is no longer necessary to require that monitor-      met; or 2) monitoring by the Department or the operator
ing and compliance wells be drilled by drillers licensed        shows the presence of an abatement standard exceedance
under the Water Well Drillers License Act (32 P. S.             from one or more compliance points.
§§ 645.1—645.13). Section 289.152 requires that an appli-
cant demonstrate that the monitoring wells will accu-              The proposed amendments include a new subsection (c)
rately measure groundwater quality. The details of well         which establishes the abatement standards that must be
construction are included in this demonstration. Without        met at a disposal impoundment. The abatement stan-
specifying who must drill the wells, the Department has         dards and their points of compliance are identified as
maintained the design and performance standards that            follows: 1) for constituents for which a Statewide health
must be met.                                                    standard exists, the Statewide health standard for that
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4092                                           PROPOSED RULEMAKING

constituent with compliance points at and beyond 150          monthly log instead of a daily record. This requirement is
meters of the perimeter of the permitted disposal area or     consistent with a change that was made to § 288.281 in
at the property boundary, whichever is closer; 2) the         the recent “Recordkeeping and Reporting Requirements”
background standard for constituents with compliance          regulatory package. To facilitate this change, the word
points at and beyond 150 meters of the perimeter of the       “daily” is deleted from subsection (b) and the word
permitted disposal area or at the property boundary,          “monthly” is added in subsection (d). To achieve further
whichever is closer; and 3) for constituents for which no     consistency with § 288.281, a requirement in subsection
primary MCLs under the Federal and State Safe Drink-          (b)(7)(iii), that noncaptive facilities keep a record of the
ing Water Acts exist, the risk-based standard for that        analysis of the quality and quantity of leachate flowing
constituent with compliance points at and beyond 150
                                                              from the impoundment into the leachate storage and
meters of the perimeter of the permitted disposal area or
                                                              treatment systems, is added.
at the property boundary, whichever is closer.
   The risk-based standard has been developed to be           Section 289.302. Quarterly operation report.
consistent with 40 CFR 258.55(i) (relating to assessment        This section has been deleted in this proposed rule-
monitoring program). The proposed amendments include          making just as the requirement was deleted for residual
several factors that must be considered when using a          waste landfills in the “Recordkeeping and Reporting
risk-based standard for abatement. The factors identified     Requirements” regulatory package. All of the require-
are as follows: 1) the risk assessment used to establish      ments of the quarterly report are included in the daily (or
the standard must assume that human receptors exist at        monthly) operational record.
the property boundary; 2) the level must be derived in a
manner consistent with Department guidelines for assess-      Section 289.303. Annual operation report.
ing the health risks of environmental pollution; 3) the
level must be based on scientifically valid studies con-        In subsection (b)(i), the annual operation reporting
ducted in accordance with the Toxic Substances Control        requirements have been modified to require noncaptive
Act Good Laboratory Practice Standards or other scien-        residual waste impoundments to describe the average
tifically valid studies approved by the Department; and       daily volume received at the facility since identifying
for carcinogens, the level must represent a concentration     average daily volume is now a requirement for residual
associated with an excess lifetime cancer risk of 1 × 10-5    waste disposal impoundments. In addition, a proposed
at the property boundary. The risk-based standard may         change in subsection (c) increases the fee that accompa-
not be used if a State or Federal MCL exists for the          nies the annual operation report from $2,500 to $4,600 to
contaminant in question.                                      cover increases in administrative costs.
  In new subsection (d), the Department may approve a         Section 289.312. Closure.
compliance point beyond 150 meters on land owned by
the owner of the disposal area for measuring compliance         In subsection (b), the reference to “partial closure” has
with secondary contaminants when using either the             been deleted and the language has been conformed to be
Statewide health or risk-based standard.                      consistent with the proposed changes made to § 288.182
                                                              (relating to closure plan).
Section 289.281. Mineral resources.
   Proposed changes to subsection (a) delete the prescrip-       A new subsection (c) has been added to the proposed
tive 25 foot coal seam and coal outcrop isolation distance,   rulemaking that gives a person the option to continue to
replacing it with a requirement that the operator isolate     implement an approved abatement plan or modify a
a coal seam, coal outcrop and coal refuse in a manner         closure plan to address groundwater degradation that
that prevents combustion of the waste and damage to the       exists at closure or occurs after closure. If a person
liner system.                                                 chooses to submit a an application for a permit modifica-
                                                              tion, the application must identify the remediation stan-
Section 289.282. Gas control and monitoring.                  dards that will be met in accordance with the final
                                                              closure certification requirements in § 287.342. The De-
  Proposed changes to subsection (e)(3) delete the stan-      partment will accept the selection of remediation stan-
dard for gas monitoring in areas adjacent to the permit       dards if technical information and supporting documenta-
area. The regulation continues to require the operator to     tion of the remediation activities demonstrate that the
control decomposition gases onsite to prevent danger to       standards will be met and maintained and if documenta-
occupants of adjacent properties. The onsite monitoring       tion of cooperation or an agreement is in place with a
serves as an early warning indicator of potential offsite     third party where a remedy relies on access to or use of a
migration.                                                    third party’s property for remediation or monitoring.
Section 289.291. Hazard prevention.
                                                              Additional Application Requirements for Class I Residual
 The emergency procedures in this section have been                        Waste Disposal Impoundments
modified to delete information already required in the
PPC Plan.                                                     Section 289.412. Liner system and leachate control plan.
Section 289.292. Emergency equipment.                            In subsection (c), the requirement that the leachate
                                                              demonstration be based on the EPA Method 9090 compat-
  Subsection (a)(3) has been proposed amended to require      ibility test has been replaced with language that allows
that an adequate water supply be available for firefight-     the demonstration to be based on EPA or ASTM guide-
ing equipment.                                                lines approved by the Department. This proposed change
Section 289.301. Daily operational records.                   will allow applicants to keep up with changing standards
                                                              and technology. Also, in subsection (d)(19), a requirement
  In subsection (a), the daily report requirements in this    has been added to identify in the permit application the
section have been proposed to be revised to allow an          percent of recycled material in the proposed primary and
operator of a captive residual waste facility to maintain a   secondary liners.
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                    4093

 Additional Operating Requirements for Class I Residual         signed and operated so that it will not pose a bird hazard
             Waste Disposal Impoundments                        to aircraft. Definitions for “airport” and “bird hazard” are
Section 289.422. Areas where Class I residual waste             included in this section that contain language from the
  disposal impoundments are prohibited.                         Subtitle D regulations.
                                                                   Subsection (a)(12) has been added to provide for an
   Several changes have been proposed in this section.          isolation distance between disposal impoundments and
First, subsection (a)(4) currently requires that an operator    schools, parks and playgrounds that is 300 yards. This
own the underlying recoverable or mineable coal in order        requirement will apply to disposal impoundments permit-
to obtain a Class I residual waste disposal impoundment         ted on or after the date of publication of the final-form
permit. The proposed revision would extend the require-         regulations in the Pennsylvania Bulletin. The property
ment to ownership of all recoverable or mineable miner-         owner of the park, playground or school may provide a
als. As explained in the discussion of § 289.127, the           written waiver consenting to the facility being closer than
expanded coverage from coal to all mineable minerals will       300 yards. Noncaptive impoundments permitted prior to
better protect disposal impoundments from potential in-         the date of publication of these amendments as final-form
stability problems associated with mining activities. The       regulations in the Pennsylvania Bulletin are not intended
proposed revision provides an exemption from this limita-       to be affected by the more stringent isolation distances
tion for captive facilities permitted prior to July 4, 1992,    proposed in this section when reissuance or renewal of
to allow for expansions of these facilities on adjacent         the permit, or expansion of the permit area is sought.
areas.                                                          This requirement is drawn from the isolation distance in
  Secondly, subsection (a)(7), which refers to distance         Act 101 of 300 yards from a school, park or playground
between occupied dwellings and disposal impoundments,           for municipal waste landfills, resource recovery facilities
is bifurcated for clarity. Subparagraph (i) refers to dis-      and commercial residual waste treatment facilities. Sec-
posal impoundments permitted prior to the date of publi-        tion 511(c) of Act 101 authorizes the Department to
cation of the final-form regulations in the Pennsylvania        establish site limitations by regulation that are in addi-
Bulletin, to expansions of residual waste disposal im-          tion to or more stringent than the site limitation between
poundments permitted prior to the date of publication of        these facilities and parks, playgrounds or schools. The
the final-form regulations in the Pennsylvania Bulletin,        same Legislative concerns that apply to setback distances
and to captive residual waste disposal impoundments. In         from municipal waste landfills for parks, playgrounds and
that subparagraph, the reference to “facilities permitted       schools would apply to residual waste disposal impound-
prior to July 4, 1992” is deleted as unnecessary since          ments.
subsection (a) exempts areas permitted prior to July 4,         Section 289.423. Minimum requirements for acceptable
1992, in the lead-in language. Subparagraph (ii) refers to         waste.
residual waste disposal impoundments permitted after
the date of publication, except for captive residual waste         A new subsection (a)(5) has been proposed to be added
disposal impoundments. The proposed amendments ex-              that prohibits a person from disposing of residual waste
tend the isolation distance between disposal impound-           at a Class I residual waste disposal impoundment unless
ments and occupied dwellings to 300 yards, from 300 feet.       the physical characteristics of the waste will not cause or
This additional distance will help to reduce complaints         contribute to structural instability or other operating
from nearby dwellings concerning noise, odors and nui-          problems at the site. This revision has been proposed to
sances. The requirement is drawn from the isolation             ensure the integrity of the liner system.
distance in Act 101 of 300 yards from a school, park or         Section 289.432. General limitations.
playground for municipal waste landfills, resource recov-          In subsection (a), a change has been proposed to the
ery facilities and commercial residual waste treatment          requirement that 4 feet exist between the top of the
facilities. Section 511(c) of Act 101 authorizes the Depart-    subbase of the liner system and the seasonal high water
ment to establish site limitations by regulation that are       table. The revision requires that the bottom of the
in addition to or more stringent than the site limitation       subbase cannot be in contact with the seasonal high
between a facility and parks, playgrounds or schools. The       water table or perched water table. The prescriptive
same Legislative concerns that apply to setback distances       buffer between the liner system and the seasonal high
from schools would apply to occupied dwellings. The             water table has been replaced with a performance stan-
owner of the dwelling may provide a written waiver              dard to prevent contact between the two. In subsection
consenting to the facility being closer than 300 yards.         (a)(2), the drainage systems may now be used to prevent
  In subsection (a)(10), the proposed amendments delete         contact between the bottom of the subbase and the water
the prohibition against constructing a facility within 25       tables rather than to maintain the 4-foot isolation dis-
feet of a coal seam or coal outcrop or of coal refuse. This     tance. This change is consistent with the other changes in
standard is not necessary because adequate protection           subsection (a). In subsection (b), the 8-foot isolation
from fires can be addressed in the design of the facility.      distance from the top of the subbase and the regional
To address fire protection in the facility design, the          groundwater table for unconfined aquifers has been
Department proposes in § 289.281 to require a disposal          changed to the distance from the bottom of the subbase.
impoundment operator to isolate coal seams, coal outcrops       In subsection (c), the 8-foot isolation distance for confined
and coal refuse from waste deposits in a manner that            aquifers from the top of the subbase to the top of the
prevents combustion of the waste.                               confining layer or the shallowest level below the bottom of
                                                                the subbase where groundwater occurs has been changed
   In subsection (a)(11), the proposed regulations amend        to the distance from the bottom of the subbase. These
the isolation distances from airports to reflect the restric-   changes from the top to the bottom of the subbase have
tions in the Federal Subtitle D (40 CFR Part 258)               been proposed to clarify questions raised during construc-
regulations. Based on the Department’s experience with          tion of disposal impoundments.
putrescible waste in landfills in the municipal waste
program, this proposed amendments establish a site              Section 289.433. Subbase.
limitation that must be met unless the applicant can               The design requirement in subsection (b) has been
demonstrate that the disposal impoundment will be de-           proposed to be deleted. The minimum bearing capacity of
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4094                                           PROPOSED RULEMAKING

4,500 pounds per square foot plus the total applied load       Additional Application Requirements for Class II Residual
in pounds per square foot is no longer necessary because                    Waste Disposal Impoundments
this standard does not serve as an adequate stability
                                                               Section 289.512. Liner system and leachate control plan.
standard for all facility designs.
                                                                  In subsection (c), the requirement that the leachate
Section 289.434. Secondary liner.                              demonstration be based on the EPA Method 9090 compat-
                                                               ibility test has been replaced with language that allows
  In subsection (b), the words “at the minimum” were           the demonstration to be based on EPA or ASTM guide-
proposed to be added to allow for the use of liners that       lines approved by the Department. This proposed change
meet or exceed the design requirements in Appendix A,          will allow applicants to keep up with changing standards
Table I without an equivalency demonstration.                  and technology. Also, in subsection (d)(19), a requirement
                                                               has been added to identify in the permit application the
Section 289.435. Leachate detection zone.                      percent of recycled material in the proposed liner.
   In subsection (b)(5)(ii), the design requirement that the   Additional Operating Requirements for Class II Residual
distance between pipes in the piping system for the                        Waste Disposal Impoundments
leachate detection zone not exceed 100 feet on center has
been deleted. This change has been proposed because it         Section 289.522. Areas where Class II residual waste
has not proven necessary for an effective system. In             disposal impoundments are prohibited.
subsection (f), the language concerning monitoring of the        Several changes have been proposed in this section.
leachate detection zone has been revised to replace            First, subsection (a)(4) currently requires that an operator
“exceedance of mandatory abatement trigger levels” with        own the underlying recoverable or mineable coal to obtain
“groundwater degradation at a monitoring well.” This           a Class II residual waste disposal impoundment permit.
change has been proposed because mandatory abatement           The proposed revision would extend the requirement to
trigger levels are proposed to be deleted in this rule-        ownership of all recoverable or mineable minerals. As
making. Additionally, in subsection (f)(1), the proposed       explained in the discussion of § 289.127, the expanded
amendments require that an operator not only submit to         coverage from coal to all mineable minerals will better
the Department a remedial plan for controlling the source      protect disposal impoundments from potential instability
of leachate in the leachate detection zone, but also that      problems associated with mining activities. The proposed
the operator correct a malfunction or defect in the liner      revision provides an exemption from this limitation for
system where groundwater degradation has been de-              captive facilities permitted prior to July 4, 1992, to allow
tected.                                                        for expansions of these facilities on adjacent areas.
Section 289.436. Primary liner.                                   Secondly, subsection (a)(7), which refers to distance
                                                               between occupied dwellings and disposal impoundments,
  In subsection (b), the words “at the minimum” were           is bifurcated for clarity. Subparagraph (i) refers to dis-
proposed to be added to allow for the use of liners that       posal impoundments permitted prior to the date of publi-
meet or exceed the design requirements in Appendix A,          cation of the final-form regulations in the Pennsylvania
Table I without an equivalency demonstration.                  Bulletin, to expansions of residual waste disposal im-
                                                               poundments permitted prior to the date of the final-form
Section 289.454. Leachate recirculation.                       regulations in the Pennsylvania Bulletin, and to captive
                                                               residual waste disposal impoundments. In that subpara-
  Subsection (b) has been added to allow the Department
                                                               graph, the reference to “facilities permitted prior to July
to authorize an alternative leachate recirculation method
                                                               4, 1992” is deleted as unnecessary since subsection (a)
for a facility. This proposed revision will allow, for
                                                               exempts areas permitted prior to July 4, 1992, in the
example, an alternative design where intermediate cover
                                                               lead-in language. Subparagraph (ii) refers to residual
may not be necessary or a piping system is not used.
                                                               waste disposal impoundments permitted after the date of
Section 289.455. Leachate collection and storage.              publication, except for captive residual waste disposal
                                                               impoundments. The proposed amendment extends the
   Proposed changes in subsection (b) allow tank or im-        isolation distance between disposal impoundments and
poundment storage volumes at captive facilities to be          occupied dwellings to 300 yards, from 300 feet. This
performance based as opposed to always requiring the           additional distance will help to reduce complaints from
volume to be based on the expected 30-day flow. Most           nearby dwellings concerning noise, odors and nuisances.
residual waste disposal impoundments are captive facil-        The requirement is drawn from the isolation distance in
ities and have existing storage and treatment facilities       Act 101 of 300 yards from a school, park or playground
capable of handling the expected leachate flow without         for municipal waste landfills, resource recovery facilities
increasing storage capacity. A proposed revision to subsec-    and commercial residual waste treatment facilities. Sec-
tion (d) indicates that the storage capacity of impound-       tion 511(c) of Act 101 authorizes the Department to
ments and tanks will be increased if necessary. A new          establish site limitations by regulation that are in addi-
subsection (g) has been added to require secondary con-        tion to or more stringent than the site limitation between
tainment for pipes that are located outside the lined          a facility and parks, playgrounds or schools. The same
areas of the facility. This requirement has been added to      Legislative concerns that apply to setback distances from
reduce the likelihood of leaks or releases from the pipes.     schools would apply to occupied dwellings. The owner of
                                                               the dwelling may provide a written waiver consenting to
Section 289.456. Leachate analysis and sludge handling.        the facility being closer than 300 yards.
  Proposed changes in subsection (a)(2) allow the Depart-        In subsection (a)(10), the proposed amendments delete
ment to modify the frequency or chemical constituents of       the prohibition against constructing a facility within 25
leachate testing if the facility operator demonstrates after   feet of a coal seam or coal outcrop or of coal refuse. This
four quarters of testing that this will not compromise         standard is not necessary because adequate protection
groundwater protection.                                        from fires can be addressed in the design of the facility.
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                    4095

   In subsection (a)(11), the proposed amendments amend         subsection (a). In subsection (b), the 8-foot isolation
the isolation distances from airports to reflect the restric-   distance from the top of the subbase and the regional
tions in the Federal Subtitle D (40 CFR Part 258)               groundwater table for unconfined aquifers has been
regulations. Based on the Department’s experience with          changed to the distance from the bottom of the subbase.
putrescible waste in landfills in the municipal waste           In subsection (c), the 8-foot isolation distance for confined
program, this proposed rulemaking establishes a site            aquifers from the top of the subbase to the top of the
limitation that must be met unless the applicant can            confining layer or the shallowest level below the bottom of
demonstrate that the disposal impoundment will be de-           the subbase where groundwater occurs has been changed
signed and operated so that it will not pose a bird hazard      to the distance from the bottom of the subbase. These
to aircraft. Definitions for “airport” and “bird hazard” are    changes from the top to the bottom of the subbase have
included in this section that contain language from the         been proposed to clarify questions raised during construc-
Subtitle D regulations.                                         tion of disposal impoundments.
   Subsection (a)(12) has been added to be consistent with      Section 289.534. Leachate detection zone.
the municipal waste regulations. It provides for an isola-         In subsection (b)(4)(ii), the design requirement that the
tion distance between disposal impoundments and                 distance between pipes in the piping system for the
schools, parks and playgrounds that is 300 yards. This          leachate detection zone not exceed 100 feet on center has
requirement will apply to disposal impoundments permit-         been deleted. This change has been proposed because it
ted on or after the date of publication of the final-form       has not proven necessary for an effective system. In
regulations in the Pennsylvania Bulletin. The property          subsection (f), the language concerning monitoring of the
owner of the park, playground or school may provide a           leachate detection zone has been revised to replace
written waiver consenting to the facility being closer than     “exceedance of mandatory abatement trigger levels” with
300 yards. Noncaptive impoundments permitted prior to           “groundwater degradation.” This change has been pro-
the date of publication of these amendments as final-form       posed because mandatory abatement trigger levels are
in the Pennsylvania Bulletin are not intended to be             proposed to be deleted in this rulemaking. Additionally, in
affected by the more stringent isolation distances pro-         subsection (f)(1), the proposed amendments require that
posed in this section when reissuance or renewal of the         an operator not only submit to the Department a reme-
permit, or expansion of the permit area is sought. This         dial plan for controlling the source of leachate in the
requirement is drawn from the isolation distance in Act         leachate detection zone, but also that the operator correct
101 of 300 yards from a school, park or playground for          a malfunction or defect in the liner system where ground-
municipal waste landfills, resource recovery facilities and     water degradation has been detected.
commercial residual waste treatment facilities. Section
511(c) of Act 101 authorizes the Department to establish        Section 289.535. Liner.
site limitations by regulation that are in addition to or          In subsection (b), the words “at the minimum” were
more stringent than the site limitation between these           proposed to be added to allow for the use of liners that
facilities and parks, playgrounds or schools. The same          meet or exceed the design requirements in Appendix A,
Legislative concerns that apply to setback distances from       Table I without an equivalency demonstration.
municipal waste landfills for parks, playgrounds and            Section 289.554. Leachate recirculation.
schools would apply to residual waste disposal impound-
ments.                                                             Subsection (b) has been added to allow the Department
                                                                to authorize an alternative leachate recirculation method
  In addition, misnumbering corrections have been made          for a facility. This proposed revision will allow, for
in subsection (b).                                              example, an alternative design where intermediate cover
Section 289.523. Minimum requirements for acceptable            may not be necessary or a piping system is not used.
  waste.                                                        Section 289.555. Leachate collection and storage.
  The phrase “groundwater parameter” has been pro-                 Proposed changes in subsection (b) allow tank or im-
posed to be changed to “waste classification standard” to       poundment storage volumes at captive facilities to be
be consistent with that term’s definition in § 287.1.           performance based as opposed to always requiring the
   A new subsection (a)(11) has been added that prohibits       volume to be based on the expected 30-day flow. Most
a person from disposing of residual waste at a Class II         residual waste disposal impoundments are captive facil-
residual waste landfill unless the physical characteristics     ities and have existing storage and treatment facilities
of the waste will not cause or contribute to structural         capable of handling the expected leachate flow without
instability or other operating problems at the site. This       increasing storage capacity. A proposed revision to subsec-
revision has been proposed to ensure the integrity of the       tion (d) indicates that the storage capacity of impound-
liner system.                                                   ments and tanks will be increased if necessary. A new
                                                                subsection (g) has been added to require secondary con-
Section 289.532. General limitations.                           tainment for pipes that are located outside the lined
  In subsection (a), a change has been proposed to the          areas of the facility. This requirement has been added to
requirement that 4 feet exist between the top of the            reduce the likelihood of leaks or releases from the pipes.
subbase of the liner system and the seasonal high water         Section 289.556. Leachate analysis and sludge handling.
table. The revision requires that the bottom of the                Proposed changes in subsection (a)(2) allow the Depart-
subbase cannot be in contact with the seasonal high             ment to modify the frequency or chemical constituents of
water table or perched water table. The prescriptive            leachate testing if the facility operator demonstrates after
buffer between the liner system and the seasonal high           four quarters of testing that this will not compromise
water table has been replaced with a performance stan-          groundwater protection.
dard to prevent contact between the two. In subsection
(a)(2), the drainage systems may now be used to prevent         Appendix A.
contact between the bottom of the subbase and the water            The proposed amendments modify Tables I and II. The
tables rather than to maintain the 4-foot isolation dis-        proposed changes incorporate technological advances that
tance. This change is consistent with the other changes in      have been made for liners and caps.
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4096                                          PROPOSED RULEMAKING

    Chapter 291. Land Application of Residual Waste           rates of residual waste in these areas there is limited
               Application Requirements                       potential for groundwater contamination. Subsection
                                                              (a)(5), relating to a buffer between a land application area
Section 291.101. General.                                     and a property line, has been deleted because this
   In subsection (a)(4) of the proposed amendments, the       isolation distance has proven to be disruptive to farming
reference to surface land disposal has been deleted since,    activities. Renumbered subsection (a)(3), relating to sink-
under these proposed amendments, that activity will no        holes, has been modified to delete the buffer between a
longer be authorized under the residual waste regula-         land application area and an area draining into a sink-
tions.                                                        hole because conservation plans prevent direct surface
Section 291.102. Operating plan.                              runoff and the isolation distance is disruptive to farming
                                                              activities. Subsection (a)(7), relating to a buffer between a
   In paragraph (1), the reference to surface land disposal   land application area and an undrained depression, has
has been proposed to be deleted since that activity will no   been deleted because it is difficult to identify these areas
longer be authorized under the residual waste regula-
                                                              by field surveys and because this limitation has proven
tions.
                                                              unnecessary since other requirements adequately protect
Section 291.103. Maps and related information.                groundwater and water sources. Subsection (a)(10), relat-
  In subsection (a)(5) of the proposed amendments, the        ing to a buffer between a surface land disposal activity
word “supplies” has been deleted and replaced with the        and a 100-year floodplain, has been deleted because the
word “sources” because not all water supplies are readily     proposed amendments will no longer authorize surface
available by mapping or by field survey. Subsection (a)(8)    land disposal activities.
has been deleted because it applies to surface land
disposal, an activity that will no longer be authorized by    Section 291.203. Limitations on land application of re-
these regulations.                                              sidual waste.
                 Operating Requirements                          In subsection (a), a proposed change has been made to
Section 291.201. General provisions.                          modify the land application limitation relating to the
                                                              distance between the regional groundwater table and the
  In subsection (b), the proposed amendments delete           surface from 4 feet to 3.3 feet. This change has been
references to surface land disposal. In addition, a new
                                                              made to be consistent with the sewage sludge land
requirement, paragraph (4), has been proposed to require
residual waste operators that manage residual waste that      application requirements and is based on EPA risk as-
contains human waste and exceeds the pathogen and             sessment criteria for sewage sludge. The sewage sludge
vector attraction reduction requirements in § 271.911(b)      modeling is appropriate for the application of residual
to meet the operating requirements of Chapter 291 and         waste. In subsection (d), the limitation on growing root
Chapter 271, Subchapter J (relating to beneficial use of      vegetables or vegetables which are eaten raw where
sewage sludge by land application).                           residual waste is land applied has been changed to
                                                              eliminate the 2-year time period, and in paragraph (2) the
   The proposed amendments include two new subsec-            limitation on growing tobacco where residual waste is
tions, (d) and (e), that prohibit residual waste from being   land applied has been eliminated. These proposed
applied to land if it is unlikely to adversely affect a       changes were made because it is difficult to project what
Federal or Commonwealth threatened or endangered              will be grown on a field, based on farm economics. Heavy
species, or its designated critical habitat, or from being    metals that may be available for plant uptake are
applied to a site that is flooded, frozen or snow-covered,    controlled by the loading rates approved for a site.
except as expressly provided in a permit. The latter          Subsection (g), relating to areas where residual waste is
requirement is intended to prevent water pollution prob-      land applied and livestock may graze, has been modified
lems that result from runoff of waste into surface water.     to delete the prescriptive time period limitation of 2
Section 291.202. Areas where the land application of          months and replace it with a performance standard based
  residual waste is prohibited.                               on visibility of the waste.
  Several proposed changes have been made to this             Section 291.205. Erosion control.
section. First, in subsection (a)(2), the buffer between a
land application area and a water source has been               The reference in subsection (c) to surface land disposal
modified to allow a buffer smaller than 300 feet if the       has been deleted because the proposed amendments will
current owner of the water source provides a written          no longer authorize surface land disposal activities.
waiver consenting to the shorter distance. Also, the buffer
no longer applies to water sources that come into exist-      Section 291.207. Water supply replacement.
ence after the dates upon which adjacent landowner
notification is given under § 287.151(b). These changes         In subsection (a), new language has been included to
were made to prevent disruption to existing, ongoing          clarify that when an operator adversely affects a water
operations.                                                   supply by degradation, pollution or other means, the
                                                              operator must restore the affected supply. The proposed
  Subsection (a)(3), relating to a buffer between a land      amendments include a new subsection (d) that explains
application area and a surface water source, has been         what qualifies as a permanent water supply for purposes
proposed to be deleted because the required conservation      of water supply replacement. Permanent water supplies
plans and other site design requirements address the          include development of a new well with a distribution
potential to contaminate surface water. The regulations       system, interconnection with a public water supply, or
continue to maintain the buffer distance of 300 feet from     extension of a private water supply. A permanent water
all water sources. Subsection (a)(4), relating to a buffer    supply does not include provision of bottled water or a
between a land application area and a bedrock outcrop,        water tank supplied by a bulk water hauling system.
has been deleted because areas where bedrock outcrops         These proposed changes have been made to be consistent
occur are commonly farmed and based on the loading            with the municipal waste regulations.
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                              PROPOSED RULEMAKING                                                  4097

Section 291.209. Permit area markers.                         utilization, in paragraph (3), have been modified across
  This section has been deleted in the proposed amend-        the board and raised from 15% to 25% unless otherwise
ments because the permit area markers have caused             approved in writing by the Department. This change was
problems in the operation of farm equipment.                  made because the higher slopes are commonly used in
                                                              farming practices and a conservation plan will minimize
Section 291.210. Nuisance control.                            erosion of waste applied to the site. The existing regula-
   The performance standard in subsection (a) of the          tions only allow land application on soil that has less
proposed amendments has been changed from requiring           than 6.5 pH if the pH will be 6.5 or greater within 6
that vectors not be caused or attracted to requiring that     months after the first application of residual waste. The
vectors be controlled and minimized. In subsection (b),       proposed amendments delete the 6-month time period for
the performance standard requiring the prevention and         meeting a pH of 6.5 or greater to allow for greater
elimination of conditions that are harmful or that create     flexibility based on the waste characteristics. Newly
nuisances has been changed to a performance standard          renumbered paragraph (5) has been modified to delete the
requiring the control and minimization of the conditions.     requirement that soil pH be maintained at 6.5 or greater
The level of protection the public will receive is the same   for 2 additional years following the last land application
under the existing and the proposed requirements. These       of residual waste to the site because the future use of the
proposed amendments more accurately reflect the stan-         land is unpredictable and the maintenance of the pH is
dard practice for nuisance control.                           unnecessary regardless of use.
Section 291.221. Daily operational records.                   Section 291.314. Weather.
   A new requirement, subsection (b)(9), has been added to      This section has been deleted in the proposed amend-
the daily operation record that requires the reporting of     ments because weather conditions are now addressed in
waste handling problems or emergency disposal facilities.     § 291.201(e).
This change was made because the requirement applies          Section 291.315. Water quality monitoring.
to all residual waste facilities and was inadvertently
omitted from the recordkeeping requirements of this              The requirements of this section have been changed in
chapter.                                                      this proposed rulemaking to indicate that groundwater
                                                              monitoring is only required if determined necessary by
Section 291.222. Annual operation report.                     the Department, based on the waste and site characteris-
   All references to surface land disposal have been de-      tics. Groundwater monitoring that is determined to be
leted in subsection (b). In subsection (d), the proposed      necessary no longer must meet the requirements of
amendments include increased annual permit administra-        §§ 291.521—291.528 (relating to water quality monitor-
tion fees to reflect increases in administrative costs.       ing). This change was made to allow for flexibility in
   Additional Application Requirements for Agricultural       establishing a water quality monitoring system. A stan-
                          Utilization                         dard has been added that the monitoring accurately
                                                              characterize background groundwater quality at the facil-
Section 291.301. Additional application requirements.         ity to properly assess whether groundwater degradation
   Paragraph (4), relating to a demonstration that best       is occurring.
agricultural management practices are environmentally         Section 291.316. Soil-pore water monitoring.
protective when the seasonal high water table is less than
20 inches, has been deleted in this proposed rulemaking          The requirements of this section have been changed in
because existing studies and field practices have demon-      this proposed rulemaking to indicate that soil-pore water
strated that residual waste can be safely land applied to     monitoring is only required if determined necessary by
soils with less than 20 inches to the seasonal high water     the Department, based on the waste and site characteris-
table.                                                        tics. Soil-pore water monitoring that is determined to be
                                                              necessary no longer must meet the requirements of
    Additional Operating Requirements for Agricultural        § 291.515 (relating to soil-pore water monitoring). This
                          Utilization                         change was made to allow for flexibility in establishing a
Section 291.311. General requirements.                        soil-pore water monitoring system. A standard has been
                                                              added that the monitoring accurately characterize soil-
  The references in subsection (a) to surface land disposal   pore water at the facility in order to properly assess
have been deleted because the proposed amendments will        subsurface water quality.
no longer authorize surface land disposal activities.
                                                              Additional Operating Requirements for Land Reclamation
Section 291.312. Site characteristics.
                                                              Section 291.412. Site characteristics.
  Several changes have been proposed for this section.
Paragraph (2), a requirement for a site limitation of a          The maximum slope requirement for land reclamation,
minimum depth of 20 inches of soil from surface to            in paragraph (1), has been raised from 20% to 35% unless
bedrock, has been deleted because farming practices will      otherwise approved in writing by the Department. This
dictate the necessary soil depths and the loading rates for   change was made to allow for greater flexibility in
land application take attenuation into consideration. In      permitting the application of residual waste for reclama-
the newly renumbered paragraph (2), the requirement           tion activities. Paragraph (3) has been modified to delete
that a site have a minimum depth from surface to              the requirement that soil pH be maintained at 6.5 or
seasonal high water table of 20 inches has been modified      greater for 2 additional years following the last land
to 11 inches and the use of a tile drain system to            application of residual waste to the site because the
establish a minimum depth has been eliminated. These          future use of the land is unpredictable and the mainte-
proposed changes have been made to be consistent with         nance of the pH is unnecessary regardless of use.
the sewage sludge land application regulations. Research      Section 291.414. Weather.
has demonstrated that residual waste can be safely land
applied to soils with 11 inches to the seasonal high water      In subsection (a), the proposed amendments delete the
table. The maximum slope requirements for agricultural        reference to times when the ground is saturated, snow
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4098                                           PROPOSED RULEMAKING

covered, frozen and during periods of rain as times when       handle truck traffic adequately. This requirement sets a
an operator may not operate because this limitation is         performance standard by which to gauge the adequacy of
now covered in § 291.201.                                      proposed access roads.
Section 291.416. Water quality monitoring.                     Section 293.106. Soil and groundwater monitoring plan.
   The requirements of this section have been changed in          In subsection (a), the words “adverse effects on” have
this proposed rulemaking to indicate that groundwater          been proposed to be changed to groundwater “degrada-
monitoring is only required if determined necessary by         tion” to provide clarity to the monitoring program.
the Department, based on the waste and site characteris-       “Groundwater degradation” is a defined term in § 287.1.
tics. Groundwater monitoring that is determined to be
necessary no longer must meet the requirements of              Section 293.109. Contingency plan.
§§ 291.521—291.528. This change was made to allow for
flexibility in establishing a monitoring system. A standard      A minor change to this section proposes to add the word
has been added that the monitoring accurately character-       “plans” to correct a clerical error.
ize background groundwater quality at the facility in                           Operating Requirements
order to properly assess whether groundwater degrada-
tion is occurring.                                             Section 293.201. Basic limitations.
Section 291.417. Soil-pore water monitoring.                     Subsection (f) has been added to the proposed amend-
   The requirements of this section have been changed in       ments to allow for implementation of the mitigation
this proposed rulemaking to indicate that soil-pore water      measures determined by the environmental assessment
monitoring is only required if determined necessary by         process during the appropriate time of site development.
the Department, based on the waste and site characteris-       The subsection requires that all approved mitigation
tics. Soil-pore water monitoring that is determined to be      measures identified in the permit application be com-
necessary no longer must meet the requirements of              pleted before a facility may accept waste, unless a later
§ 291.515 (relating to soil-pore water monitoring). This       date is authorized in writing by the Department for
change was made to allow for flexibility in establishing a     technical reasons.
monitoring system. A standard has been added that the          Section 293.202. Areas where transfer facilities are pro-
monitoring accurately characterize soil-pore water at the        hibited.
facility to properly assess the quality of subsurface water.
                                                                  The lead-in language in subsection (a) has been modi-
   Additional Requirements for Surface Land Disposal           fied to correct a clerical error. In addition, several pro-
  Sections 291.501—291.528, which relate to require-           posed changes have been made to subsection (a). Pro-
ments for surface land disposal, have been deleted in this     posed amendments to paragraph (3), relating to buffer
proposed rulemaking. The activity of surface land dis-         distances between a transfer facility and wetlands that
posal will no longer be authorized under the residual          are not exceptional value wetlands, have been proposed to
waste regulations because this management practice is          allow for smaller buffers if the storage and processing
technologically obsolete.                                      takes place in an enclosed facility.
    Chapter 293.Transfer Facilities for Residual Waste            Proposed amendments to paragraph (5) allow for a
                Application Requirements                       smaller buffer between a transfer facility and a perennial
                                                               stream if the storage and processing takes place in an
Section 293.1. Scope.                                          enclosed facility and no adverse impacts to the perennial
  The proposed amendments include a new subsection (b)         stream will result. Also, new language to this paragraph
that allows the Department to waive or modify a require-       allows a transfer facility to be next to a perennial stream
ment of this chapter for permitted transfer facilities at      if the facility transfers waste to barges at the transfer
which no actual loading, unloading or transferring of          facility location.
residual waste occurs, if the absence of the loading,            The buffer requirement between a transfer facility and
unloading and transferring activity renders the require-       a property line, paragraph (6), has been proposed to be
ment unnecessary.                                              amended to allow the operation of a transfer facility at a
Section 293.103. Maps and related information.                 distance closer than 50 feet if either the storage and
                                                               processing take place in an enclosed facility or if the
  In subsection (a)(4) of the proposed amendments, the         owner of the adjacent property provides written consent
word “supplies” has been deleted and replaced with the         for a waiver of the buffer.
word “sources” because not all water supplies are readily
available by mapping or by field survey. Additionally, the        A new buffer requirement has been added to the
requirement for the identification of the location of wells    proposed rulemaking. Under paragraph (7), a transfer
by the applicant has been changed to consideration of a        facility may not be located within 300 yards of a park,
1/4-mile radius instead of 1/2-mile radius because this        school or playground. The property owner of the park,
requirement has been proven unnecessary based on the           playground or school may provide a written waiver
performance of existing permitted transfer facilities in the   consenting to the facility being closer than 300 yards.
residual waste program to date. Deletion of subsection         Transfer facilities permitted prior to the date of publica-
(b), the requirement for a map or aerial photograph of the     tion of these amendments as final-form in the Pennsylva-
soils for the proposed permit area and adjacent area           nia Bulletin are not intended to be affected by the more
showing the site boundaries and soil types, has been           stringent isolation distances proposed in this section
proposed because the information has not proven useful         when reissuance or renewal of the permit, or expansion of
for purposes of making a permit decision.                      the permit area is sought. This requirement is drawn
Section 293.104. Plan for access roads.                        from the isolation distance in Act 101 of 300 yards from a
                                                               school, park or playground for municipal waste landfills,
  Amendments to this section have been proposed to             resource recovery facilities and commercial residual waste
require that access roads be designed and constructed to       facilities.
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                   4099

Section 293.211. Signs.                                        ments. These proposed amendments more accurately re-
  In subsection (a), proposed changes eliminate the pre-       flect the standard practice for nuisance control.
scriptive language about the size and content of signs and     Section 293.221. Litter.
replace the requirement with a performance standard              A clarification to subsection (c) of the proposed amend-
that the sign can be easily seen and read.                     ments requires that “blown off and intercepted” litter be
Section 293.213. Access roads.                                 collected from fences, roadways, tree line barriers and
                                                               other barriers.
   Subsection (c) has been amended to require that an
access road’s drainage system comply with the erosion          Section 293.231. General requirements.
control requirements in Chapter 102. In subsection (d),          In subsection (b), the word “pollution” has been pro-
language has been added that requires Departmental             posed to be added for clarification.
approval in a permit for the use of materials equivalent
to asphalt, gravel, or cinders in paving access roads. This    Section 293.232. Soil erosion and sedimentation control.
requirement was added to allow the Department to                 A cross reference to Chapter 102 has been proposed to
review materials proposed for use prior to their applica-      be added to paragraph (1) to indicate that compliance
tion to the site. A new performance standard, subsection       with that chapter is required.
(h), has been added to require that an access road be
maintained to control dust and to prevent or control the       Section 293.234. Water supply replacement.
tracking of mud on and offsite.                                  In subsection (a), new language has been included to
Section 293.215. Operations and equipment.                     clarify that when an operator adversely affects a water
                                                               supply by degradation, pollution or other means, the
   In subsection (c), the requirement that standby equip-      operator must restore the affected supply. The proposed
ment must be located on the site or at the place where it      amendments include a new subsection (d) that explains
can be available within 24 hours has been deleted. This        what qualifies as a permanent water supply for purposes
requirement is redundant of the requirement in subsec-         of water supply replacement. Permanent water supplies
tion (b) that the operator maintain on the site equipment      include development of a new well with a distribution
necessary for the operation of the facility in accordance      system, interconnection with a public water supply, or
with the permit. In subsection (e), a separate frequency       extension of a private water supply. A permanent water
for cleaning equipment used to handle putrescible waste        supply does not include provision of bottled water or a
has been eliminated to allow for flexibility in the cleaning   water tank supplied by a bulk water hauling system.
frequency based on the specific waste type. The proposed       These modifications were made to be consistent with the
amendments include a new subsection (f) that requires an       municipal waste regulations.
operator of a transfer facility to inspect and monitor
incoming waste for consistency with this article and the       Section 293.241. Hazard prevention.
permit and to monitor for radioactive isotopes. This new         The emergency procedures in this section have been
requirement was added to address problems that have            modified to delete information already required in a PPC
occurred at landfills that receive problem wastes from         Plan.
transfer facilities.
                                                               Section 293.251. Daily operational records.
Section 293.216. Unloading area.
                                                                 The proposed amendments include a new requirement,
  A proposed change to subsection (b) allows leachate to       subsection (a)(10), which requires that a record of rejected
be collected in holding tanks prior to its transport to the    waste loads and the reasons for rejecting the loads be
sewage treatment plant. This requirement was added to          included in the daily operational records. This require-
provide for more flexibility in managing the leachate in       ment has been added to help identify and track problem
areas where a facility cannot be feasibly connected to a       wastes that are rejected at transfer facilities.
sanitary sewer system.
                                                               Section 293.262. Cessation of operations.
Section 293.217. Cleaning and maintenance.
                                                                 A clerical error has been corrected in subsection (b) that
  A proposed change to subsection (b) allows for an            clarifies Departmental approval is required to discontinue
extension of time for storage of putrescible waste up to 72    soil monitoring upon cessation of processing operations.
hours over a weekend or 3-day weekend if the transfer
facility permit so provides. This change was made to            Chapter 295. Composting Facilities for Residual Waste
address where the storage of waste through a transfer                          Application Requirements
operation can be properly stored over 3-day weekends.
                                                               Section 295.112. Maps and related information.
Section 293.218. Air resources protection.
                                                                 In subsection (a), a clarification has been made that the
  An amendment to subsection (a) includes a new cross          topographic map should contain the proposed permit area
reference to § 293.219 (relating to nuisance control).         and adjacent area. Also, in paragraph (1), a requirement
Section 293.219. Nuisance control.                             was added that the boundaries of the land within the
                                                               proposed permit area be identified on the maps. In
   The performance standard in subsection (a) of the           subsection (a)(4), the word “sources” has been substituted
proposed amendments has been changed from requiring            for “supplies” because not all water supplies are readily
that vectors be prevented and eliminated to requiring          available by mapping or by field survey. In subsection
that vectors be controlled and minimized. In subsection        (a)(14), the proposed amendments require loading and
(b), the performance standard requiring the prevention         unloading areas to be identified on maps. Deletion of
and elimination of conditions that are harmful or that         subsection (b), the requirement for a map or aerial
create nuisances has been changed to a performance             photograph of the soils for the proposed permit area and
standard requiring the control and minimization of the         adjacent area showing the site boundaries and soil types,
conditions. The level of protection the public will receive    has been proposed because the information has not
is the same under the existing and the proposed require-       proven useful for purposes of making a permit decision.
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4100                                          PROPOSED RULEMAKING

Section 295.115. Plan for access roads.                       Section 295.211. Signs and markers.
  Amendments to this section have been proposed to              In subsection (a), proposed changes eliminate the pre-
require that access roads be designed and constructed to      scriptive language about the size and content of signs and
handle truck traffic adequately. This requirement sets a      replace the requirement with a performance standard
performance standard by which to gauge the adequacy of        that the sign can be easily seen and read.
proposed access roads.                                        Section 295.212. Access roads.
Section 295.121. Composting pad design.                          Subsection (c) has been amended to require that an
  The proposed amendments allow for the use of vessels        access road’s drainage system comply with the erosion
for composting. The changes in this section incorporate       control requirements in Chapter 102. In subsection (d),
existing performance and design standards for vessels.        language has been added that requires Departmental
                 Operating Requirements                       approval in a permit for the use of materials equivalent
                                                              to asphalt, gravel, or cinders in paving access roads. This
Section 295.201. Basic limitations.                           requirement was added to allow the Department to
  Subsection (f) has been added to the proposed amend-        review materials proposed for use prior to their applica-
ments to allow for implementation of the mitigation           tion to the site. A new performance standard, subsection
measures determined by the environmental assessment           (j), has been added to require that an access road be
process during the appropriate time of site development.      maintained to control dust and to prevent or control the
The subsection requires that all approved mitigation          tracking of mud on and offsite.
measures identified in the permit application be com-         Section 295.214. Measuring and inspection of waste.
pleted before a facility may accept waste, unless a later
date is authorized in writing by the Department for              A new subsection (c) has been proposed to be added
technical reasons.                                            that requires an operator to inspect incoming waste to
                                                              ensure that the waste received is consistent with this
Section 295.202. Areas where composting facilities are        article and the permit unless otherwise approved by the
prohibited.                                                   Department.
   Several changes have been proposed for this section. In    Section 295.215. Equipment.
subsection (a)(1), a composting facility may be sited in a
                                                                 In subsection (b), the requirement that standby equip-
100-year floodplain if it can be demonstrated that the
                                                              ment must be located on the site or at the place where it
facility can be protected during flooding. A composting
                                                              can be available within 24 hours has been deleted. This
facility does not provide for permanent placement of
                                                              requirement is redundant of the requirement in subsec-
waste and measures can easily be undertaken to prevent
                                                              tion (a) that the operator maintain on the site equipment
impacts from flooding. Amendments to subsection (a)(3),
                                                              necessary for the operation of the facility in accordance
relating to buffer distances between a composting facility
                                                              with the permit. In subsection (d), a separate frequency
and wetlands that are not exceptional value wetlands,
                                                              for cleaning equipment used to handle putrescible waste
have been proposed to allow for smaller buffers if the
                                                              has been eliminated to allow for flexibility in the cleaning
storage and processing takes place in an enclosed facility.
                                                              frequency based on the specific waste type.
In subsection (a)(4), the buffer from sinkholes has been
deleted because all water collected on the pad or in the      Section 295.217. Air resources protection.
vessel is contained and managed to prevent surface water         An amendment to subsection (a) includes a new cross
contamination. In newly renumbered subsection (a)(5),         reference to § 295.218 (relating to nuisance control).
the buffer between a composting facility and a perennial
stream has been revised to allow a smaller buffer if the      Section 295.218. Nuisance control.
storage and processing takes place in an enclosed facility.      The performance standard in subsection (a) of the
In newly renumbered subsection (a)(6), the buffer be-         proposed amendments has been changed from requiring
tween a property line and a composting facility has been      that vectors be prevented and eliminated to requiring
revised to allow storage and processing closer than 50 feet   that vectors be controlled and minimized. In subsection
from the property line if the activities take place in an     (b), the performance standard requiring the prevention
enclosed facility. In newly renumbered subsection (a)(8),     and elimination of conditions that are harmful or that
the prohibition for siting a facility in an area that has a   create nuisances has been changed to a performance
seasonal high water table less than four feet from the        standard requiring the control and minimization of the
surface has been replaced with a requirement that the         conditions. The level of protection the public will receive
pad or vessel not be in contact with the seasonal high        is the same under the existing and the proposed require-
water table. This change was made because all water           ments. These proposed amendments more accurately re-
collected on the pad or vessel will be contained and          flect the standard practice for nuisance control.
managed to prevent contamination. In newly renumbered
subsection (a)(9), a new buffer requirement has been          Section 295.220. Litter.
added to the proposed rulemaking. The new requirement           A clarification to subsection (c) of the proposed amend-
has been added to be consistent with section 511 of Act       ments requires that “blown off and intercepted” litter be
101, which requires an isolation distance of 300 yards        collected from fences, roadways, tree line barriers and
between commercial residual waste treatment facilities        other barriers.
and parks, playgrounds and schools. The property owner
                                                              Section 295.231. Composting pad or vessel.
of the park, playground or school may provide a written
waiver consenting to the facility being closer than 300         This section has been modified throughout to allow for
yards. Composting facilities permitted prior to the date of   the use of a vessel for composting. In subsection (c)(1), the
publication of these amendments as final-form regula-         permeability standard has been deleted and replaced with
tions in the Pennsylvania Bulletin are not intended to be     a requirement that the pad or vessel be capable of
affected by the more stringent isolation distances pro-       preventing the migration of waste or leachate generated
posed in this section when reissuance or renewal of the       from the composting process. This change was made
permit, or expansion of the permit area is sought.            because materials used for a pad or vessel may not meet
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                  4101

the existing permeability standard but may prevent con-        handle truck traffic adequately. This requirement sets a
tamination. Subsection (f) has been deleted because the        performance standard by which to gauge the adequacy of
proposed changes in this section identify which require-       proposed access roads.
ments apply to in-vessel composting.                                            Operating Requirements
Section 295.253. Sedimentation ponds.                          Section 297.201. Basic limitations.
  Subsection (b) has been amended to include a require-          Subsection (f) has been added to the proposed amend-
ment that sedimentation ponds be operated and main-            ments to allow for implementation of the mitigation
tained in accordance with this section, Chapter 102,           measures determined by the environmental assessment
Chapter 105 and the minimum criteria in the United             process during the appropriate time of site development.
States Soil Conservation Service’s Engineering Standard,       The subsection requires that all approved mitigation
378, “Pond” Pa., as amended.                                   measures identified in the permit application be com-
Section 295.255. Water supply replacement.                     pleted before a facility may accept waste, unless a later
                                                               date is authorized in writing by the Department for
  In subsection (a), new language has been included to         technical reasons.
clarify that when an operator adversely affects a water
supply by degradation, pollution or other means, the           Section 297.202. Areas where incinerators and other pro-
operator must restore the affected supply. The proposed           cessing facilities are prohibited.
amendments include a new subsection (d) that explains             Amendments to subsection (a)(3), relating to buffer
what qualifies as a permanent water supply for purposes        distances between a processing facility and wetlands that
of water supply replacement. Permanent water supplies          are not exceptional value wetlands, have been proposed to
include development of a new well with a distribution          allow for smaller buffers if the storage and processing
system, interconnection with a public water supply, or         takes place in an enclosed facility. In subsection (a)(5),
extension of a private water supply. A permanent water         the buffer between a processing facility and a perennial
supply does not include provision of bottled water or a        stream has been revised to allow a smaller buffer if the
water tank supplied by a bulk water hauling system.            storage and processing takes place in an enclosed facility.
These modifications were made to be consistent with the        In subsection (a)(6), the buffer between a property line
municipal waste regulations.                                   and a processing facility has been revised to allow storage
Section 295.261. Hazard prevention.                            and processing closer than 50 feet from the property line
                                                               if the activities take place in an enclosed facility.
  The emergency procedures in this section have been
modified to delete information already required in PPC         Section 297.211. Signs and markers.
Plan.                                                             In subsection (a), proposed changes eliminate the pre-
                                                               scriptive language about the size and content of signs and
Section 295.271. Daily operational records.
                                                               replace the requirement with a performance standard
  A new requirement, subsection (b)(6), has been added to      that the sign can be easily seen and read.
the daily operation record that requires the reporting of      Section 297.212. Access control.
waste handling problems or emergency disposal facilities.
This change was made because the requirement applies              Subsection (b) has been proposed to be revised to delete
to all residual waste facilities and was inadvertently         the reference to construction of a fence or barrier.
omitted from the recordkeeping requirements of this            Section 297.213. Access roads.
chapter.
                                                                  Subsection (c) has been amended to require that an
Section 295.282. Cessation of operations.                      access road’s drainage system comply with the erosion
  A clerical error has been corrected in subsection (c) that   control requirements in Chapter 102. In subsection (d),
clarifies Departmental approval is required to discontinue     language has been added that requires Departmental
soil monitoring upon cessation of processing operations.       approval in a permit for the use of materials equivalent
                                                               to asphalt, gravel, or cinders in paving access roads. This
Chapter 297. Incinerators and Other Processing Facilities      requirement was added to allow the Department to
                                                               review materials proposed for use prior to their applica-
                Application Requirements
                                                               tion to the site. A new performance standard, subsection
Section 297.103. Maps and related information.                 (i), has been added to require that an access road be
                                                               maintained to control dust and to prevent or control the
  A clarification has been made that the topographic map       tracking of mud on and offsite.
should contain the proposed permit area and adjacent
area. Also, in paragraph (1), a requirement was added          Section 297.214. Measuring and inspection of waste.
that the boundaries of the land within the proposed              The proposed amendments include a new subsection (c)
permit area be identified on the maps. In paragraph (4),       that requires an operator of a processing facility to
the word “sources” has been substituted for “supplies”         inspect and monitor incoming waste for consistency with
because not all water supplies are readily available by        this article and the permit and to monitor for radioactive
mapping or by field survey. Additionally, the requirement      isotopes. This new requirement was added to address
for the identification of the location of wells by the         problems that have occurred at processing facilities.
applicant has been changed to consideration of a 1/4-mile
radius instead of 1/2-mile radius because this require-        Section 297.215. Equipment.
ment has been proven unnecessary based on the perfor-             In subsection (b), the requirement that standby equip-
mance of existing permitted processing facilities in the       ment must be located on the site or at the place where it
residual waste program to date.                                can be available within 24 hours has been deleted. This
          Section 297.105. Plan for access roads.              requirement is redundant of the requirement in subsec-
                                                               tion (a) that the operator maintain on the site equipment
  Amendments to this section have been proposed to             necessary for the operation of the facility in accordance
require that access roads be designed and constructed to       with the permit. In subsection (d), a separate frequency
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4102                                           PROPOSED RULEMAKING

for cleaning equipment used to handle putrescible waste        Section 297.253. Implementation of contingency plan.
has been eliminated to allow for flexibility in the cleaning     Subsection (c)(2) has been proposed to be revised to
frequency based on the specific waste type.                    require Department approval for resumption of operation
Section 297.216. Unloading area.                               after a cleanup from an emergency.
  Subsection (b) has been proposed to be amended to            Section 297.261. Daily operational records.
allow drains or treatment systems to be connected to             The proposed amendments include a new requirement,
sanitary sewer systems if a waste characterization is          subsection (a)(10), which requires that a record of rejected
submitted to the sewage treatment plant operator and the       waste loads and the reasons for rejecting the loads be
treatment plant operator can completely treat the waste        included in the daily operational records. This require-
stream. This change is consistent with the existing            ment has been added to help identify and track problem
requirements for unloading areas for transfer facilities.      wastes that are rejected at processing facilities.
Also, a proposed change to subsection (b) allows leachate
to be collected in holding tanks prior to its transport to     Section 297.262. Annual operation report.
the sewage treatment plant. This requirement was added            The fee has been changed in subsection (c)(1) from
to provide for more flexibility in managing the leachate in    $1,900 for facilities that incinerate waste to $650. This
areas where a facility cannot be feasibly connected to a       proposed change was made to reflect the current costs of
sanitary sewer system.                                         reviewing the annual report in conjunction with inspec-
                                                               tions conducted at these facilities.
Section 297.217. Cleaning and maintenance.
                                                                 Chapter 299. Storage and Transportation of Residual
  A proposed change to subsection (b) allows for an                                     Waste
extension of time for storage of putrescible waste up to 72
hours over a weekend or 3-day weekend if the processing        Section 299.101. Scope.
facility permit so provides.                                     In subsection (b)(2), the proposed amendments expand
Section 297.218. Air resources protection.                     the scope of types of waste to include waste tires.
                                                               Section 299.115. Nuisance control.
  In subsection (a), the specific reference to Subpart C
has been proposed to be deleted.                                  The performance standard in subsection (a)(2) of the
                                                               proposed amendments has been changed from requiring
Section 297.219. Nuisance control.                             that vectors be prevented to requiring that vectors be
   The performance standard in subsection (a) of the           controlled and minimized. In subsection (b), the perfor-
proposed amendments has been changed from requiring            mance standard requiring the prevention and elimination
that vectors be prevented and eliminated to requiring          of conditions that are harmful or that create nuisances
that vectors be controlled and minimized. In subsection        has been changed to a performance standard requiring
(b), the performance standard requiring the prevention         the control and minimization of the conditions. The level
and elimination of conditions that are harmful or that         of protection the public will receive is the same under the
create nuisances has been changed to a performance             existing and the proposed requirements. These proposed
standard requiring the control and minimization of the         amendments more accurately reflect the standard prac-
conditions. The level of protection the public will receive    tice for nuisance control.
is the same under the existing and the proposed require-       Section 299.121. Containers.
ments. These proposed regulations more accurately reflect
the standard practice for nuisance control.                      In subsection (a), a new performance standard, requir-
                                                               ing the prevention of leaks, has been added. In subsection
Section 297.221. Litter.                                       (d), a requirements has been added that all containers be
                                                               clearly labeled as “residual waste” or as the specific waste
  A clarification to subsection (c) of the proposed amend-     type of residual waste. This proposed new requirement
ments requires that “blown off and intercepted” litter be      will improve the management of residual waste by pro-
collected from fences, roadways, tree line barriers and        viding clear identification of the type of material being
other barriers.                                                handled.
Section 297.232. Soil erosion and sedimentation control.       Section 299.122. Storage tanks.
  A cross reference to Chapter 102 has been proposed to          The proposed amendments modify this section to clarify
be added to paragraph (1) to indicate that compliance          that all tanks that store residual waste must meet the
with that chapter is required.                                 design and performance standards established under the
Section 297.234. Water supply replacement.                     Storage Tank and Spill Prevention Act (35 P. S.
                                                               §§ 6021.101—6021.2105). In addition, a new requirement
  In subsection (a), new language has been included to         was added that requires all tanks be clearly labeled as
clarify that when an operator adversely affects a water        “residual waste” or as the specific waste type of residual
supply by degradation, pollution or other means, the           waste. This requirement will improve the management of
operator must restore the affected supply. The proposed        residual waste by providing clear identification of the
amendments include a new subsection (d) that explains          type of material being handled.
what qualifies as a permanent water supply for purposes        Section 299.131. General requirements.
of water supply replacement. Permanent water supplies
include development of a new well with a distribution            The proposed amendments include a new subsection (e)
system, interconnection with a public water supply, or         that allows the Department to require a person or
extension of a private water supply. A permanent water         municipality to install a water quality monitoring system
supply does not include provision of bottled water or a        in accordance with §§ 288.251—288.255. This require-
water tank supplied by a bulk water hauling system.            ment has been added because experiences in the field
These proposed modifications have been made to be              have proven that waste pile storage, without liners or
consistent with the municipal waste regulations.               pads, can result in groundwater degradation.
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                    4103

Section 299.144. Operating requirements.                         by piles, on the height of piles and on firebreak distances
  Several clerical corrections have been made to this            between piles and on mosquito propagation. A PPC Plan
section. In subsection (a)(2), the cross reference to the        must be prepared and maintained at the storage facility.
section relating to access roads has been corrected. In          The proposed amendment include a 5-acre limit on the
subsection (a)(3), the cross references to sections relating     size of any waste tire or tire derived material storage
to air resources protection and nuisance control have been       facility. Also, there are limits on the number or amount of
modified to require the same protections as those that           tires or tire derived material that may stored at a
apply to transfer and processing facilities, rather than         permitted processing or disposal facility.
disposal facilities. In subsection (a)(8), the cross reference   Section 299.158. Areas where storage of waste tires or tire
to § 289.522(a)(10) has been deleted to be consistent with         derived materials is prohibited.
changes proposed in Chapter 289. A new cross reference,
§ 289.522(a)(6), has been included to prevent conditions           The proposed requirements in this new section identify
that may lead to complete failure based on sinkhole-prone        areas where the storage of waste tires and tire derived
geologic formations. In subsection (a)(9), clerical errors in    materials is prohibited. The requirements include buffers
the cross references have been corrected. Also, the phrase       for storage in 100-year floodplains, in or within wetlands,
“notwithstanding the references to disposal” has been            near occupied dwellings, near sinkholes, near perennial
inserted in subsection (a)(9), (10) and (11) to clarify that     streams, near water sources and near property lines.
the minimum requirements for acceptable waste will               Section 299.159. Access control.
apply to storage impoundments. In subsection (a)(10) and
(11), the words “shall be met” have been added to correct          This new section includes proposed requirements for
clerical errors. In subsection (a)(10)(i), a cross reference     preventing unauthorized access to a storage facility, by
has been corrected and a new cross reference has been            requiring barriers at access points, barriers around the
added to allow storage impoundments to be located where          storage areas and the availability of access to the facility
confined aquifers exist. In subsection (a)(11), a reference      only when an attendant is on duty.
to § 289.432(a)—(c) was inadvertently omitted from the
July 4, 1992, final-form regulations and has been added          Section 299.160. Hazard prevention.
to this proposed rulemaking.                                        This new section includes proposed requirements for
Section 299.155. Storage of waste tires and tire derived         preventing hazards and responding to events that may
  materials.                                                     threaten public health, safety or the environment. The
                                                                 requirements include prohibitions on the burning of waste
  The proposed amendments include new requirements               tires and tire derived materials, the availability of com-
for the storage of waste tires. These requirements are           munications and alarm equipment, the availability of fire
proposed to be consistent with policies developed as a           control equipment and sufficient water and foaming
result of Act 190 and in response to many instances of           agents for containment of fires. The requirements also
improper management of tires that have resulted in               include immediate response activities in the event of an
abandoned tire piles.                                            emergency.
Section 299.156. Notice by waste tire storage sites.
                                                                 Section 299.161. Soil and water protection.
   This new section is included in the proposed amend-
ments to assist the Department in its identification of            This new section includes proposed performance stan-
existing tire piles. Subsection (a) requires that each           dards for the protection of soil and water. The standards
operator of a waste tire storage site file a notice that         include minimization of runoff from and run-on to surface
includes the following: a description of the types and           water.
number of waste tires and volume or weight of tire               Section 299.162. Annual report for waste tire storage sites.
derived materials being stored; a description of the
physical design of the site; the approximate date of               This proposed new section establishes the requirements
initiation of operations; information showing how the            for reporting to the Department, on an annual basis,
operator will prevent long-term accumulation of tires and        information pertaining to the quantities of waste received
tire derived materials; verification of landowner consent        and managed at a storage facility and the locations of
to operate a waste tire storage site; and the address of         end-users of the waste shipped offsite.
the storage site and the individual responsible for operat-
ing the storage site. Under subsection (b), if a person or       Section 299.163. Cessation of operations.
municipality becomes subject to §§ 299.155—299.163,                This proposed new section requires proper management
based on the quantity thresholds of tires or tire derived        of wastes that exist at the time the storage facility ceases
materials in § 299.155(a), then a notice must be filed.          operations.
Subsection (c) prohibits the operation of a waste tire
storage site if a person fails to file the required notice       Section 299.201. Scope.
within 6 months after the date the regulations are
published as final-form regulations in the Pennsylvania            Subsection (a) has been amended to include a cross
Bulletin.                                                        reference to § 285.218 (relating to signs on vehicles)
                                                                 because that section contains standards that apply to all
Section 299.157. General limitations on storage of waste         types of solid waste. Also, subsection (b) includes a cross
  tires and tire derived materials.                              reference to § 285.218 for the same reason.
  The proposed requirements in this new section include          Section 299.219. Recordkeeping and reporting.
performance and design standards for indoor and outdoor
storage of waste tires and tire derived material. The              Subsection (a)(8), which requires that a daily record
requirements for indoor storage are based on the “Stan-          include the license plate number of the trailer transport-
dard for the Storage of Rubber Tires,” published by the          ing the waste, has been added to this section because of
National Fire Protection Association. For outdoor storage,       problems encountered in the field when enforcing the
there are limits on the surface area that may be covered         backhauling requirements.
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4104                                          PROPOSED RULEMAKING

F. Benefits, Costs and Compliance                             Paperwork Requirements
  Executive Order 1996-1 requires a cost/benefit analysis       The proposed amendments should result in a net
of the proposed amendments.                                   reduction in paperwork requirements due to revisions to
                                                              the definition of “waste” and related terms. A formal
Benefits                                                      coproduct determination will not have to be done by the
  The proposed amendments to the residual waste regu-         generator in instances where, for example, the materials
lations eliminate requirements that are more stringent        are recycled by being used as an ingredient in an
than standards imposed by Federal law; eliminate re-          industrial process.
quirements which are no longer necessary or redundant;        G. Pollution Prevention
encourage performance based requirements; encourage
green technologies; and support a pollution prevention          The residual waste regulations have required genera-
approach.                                                     tors to develop a source reduction strategy since 1992. No
                                                              revisions to the highly successful source reduction strat-
  The current residual waste regulations are largely          egy requirements have been proposed as part of this
performance based and include requirements for a source       rulemaking.
reduction strategy for pollution prevention. No compre-
hensive Federal requirements exist for the management         H. Sunset Review
of residual waste.                                               These proposed amendments will be reviewed in accord-
   This proposed rulemaking amends certain terms and          ance with the sunset review schedule published by the
add additional terms which assist in the identification of    Department to determine whether the regulations effec-
materials which are considered waste and which are not        tively fulfill the goals for which they were intended.
considered waste, such as coproducts. To a large extent       I. Regulatory Review
these new and revised terms are identical to terms
defined under the hazardous waste program and the                Under section 5(a) of the Regulatory Review Act (71
Federal waste management regulations. This will allow         P. S. § 745.5(a)), on July 29, 1998, the Department
industry, already familiar with the Federal definition of     submitted a copy of the proposed rulemaking to the
“waste,” to easily use the hazardous and residual defini-     Independent Regulatory Review Commission (IRRC), and
tion of “waste.”                                              the Chairpersons of the Senate and House Environmental
                                                              Resources and Energy Committees. In addition to submit-
  The proposed amendments include provisions for indus-       ting the proposed amendments, the Department has
try wide coproduct determination and include a permit         provided IRRC and the Committees with a copy of a
exemption for the beneficial use of scrap metal. These        detailed regulatory analysis form prepared by the Depart-
provisions streamline the requirements for recycling that     ment. A copy of this material is available to the public
has historically and safely been done in the past.            upon request.
  The proposed amendments include the assessment and             Under section 5(g) of the Regulatory Review Act, if
abatement standards to clarify the interface with the Act     IRRC has objections to any portion of the proposed
2 regulations for operating facilities.                       amendments, it will notify the Department within 10
                                                              days of the close of the Committees’ review period. The
   To promote green technologies, the proposed amend-         notification shall specify the regulatory review criteria
ments allow for the demonstration of new technology at        which have not been met by that portion. The Regulatory
existing facilities to be done through a permit modifica-     Review Act specifies detailed procedures for the Depart-
tion process.                                                 ment, the Governor and the General Assembly to review
Compliance Costs                                              these objections before final publication of the regula-
                                                              tions.
  Although this is a large comprehensive rulemaking, it
should not result in increased costs to the regulated         J. Public Comments
community. The regulated community may realize savings           Written Comments—Interested persons are invited to
up to $7 million due to changes in the definition of          submit comments, suggestions or objections regarding the
“waste,” and the addition of industry-wide coproduct          proposed amendments to the Environmental Quality
provisions. The revised assessment and abatement stan-        Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (ex-
dards included to be consistent with the Act 2 regulations    press mail: Rachel Carson State Office Building, 15th
may also provide savings for facilities where groundwater     Floor, 400 Market Street, Harrisburg, PA 17101-2301).
degradation exists.                                           Comments submitted by facsimile will not be accepted.
  It is projected that there will be no increased costs or    Comments, suggestions or objections must be received by
savings to local government for implementation or compli-     October 14, 1998 (within 60 days of publication in the
ance monitoring activities associated with the regulations.   Pennsylvania Bulletin). Interested persons may also sub-
The tire storage requirements have the potential to save      mit a summary of their comments to the Board. The
local communities significant costs related to compliance     summary shall not exceed one page in length and must
monitoring and cleanup.                                       also be received by October 14, 1998 (within 60 days
                                                              following publication in the Pennsylvania Bulletin). The
Compliance Assistance                                         one-page summary will be provided to each member of
                                                              the Board in the agenda packet distributed prior to the
  The Department will assist the regulated community by       meeting at which the final regulations will be considered.
developing a series of fact sheets explaining changes to
the definitions of “waste” and related terms. In addition,      Electronic Comments—Comments may be submitted
the Department will continue to work with the Pennsyl-        electronically to the Board at RegComments@A1.dep.
vania Chamber of Business and Industry and other              state.pa.us must also be received by the Board by October
industry groups at regularly scheduled intervals. The         14, 1998. A subject heading of the proposal and a return
Department’s field staff will provide compliance assist-      name and address must be included in each transmission.
ance during routine facility permitting and inspections.      If an acknowledgment of electronic comments is not
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                              PROPOSED RULEMAKING                                                   4105

received by the sender within 2-working days, the com-           (b) Nothing in this chapter affects the permitting,
ments should be retransmitted to ensure receipt.               operation, design, performance or closure requirements
K. Public Hearings                                             under the environmental protection acts or regulations
                                                               thereunder. [ The groundwater standards in
  The Board will hold three public hearings for the            Subchapters B and C (relating to background stan-
purpose of accepting comments on this proposal. Each of        dard; and Statewide health standards) apply as
the hearings will include an afternoon session beginning       part of a Department-approved assessment and
at 3 p.m. and an evening session beginning at 7 p.m. The       abatement plan that is implemented prior to clo-
dates and locations are listed below:                          sure of a solid waste facility and apply as the
September 16, 1998     Department of Environmental             standards that shall be demonstrated to qualify for
                          Protection                           liner and leachate treatment system waivers or
                       Southeast Regional Office               modifications as specified in Chapter 287 (relating
                       Suite 6010, Lee Park                    to residual waste management—general provi-
                       555 North Lane                          sions). ] The remediation standards [ in Subchapters
                       Conshohocken, Pa.                       B—D apply as groundwater standards for remedia-
September 21, 1998     Sheraton Inn—Pittsburgh North           tion of a release of a regulated substance at closure
                       910 Sheraton Drive                      of a solid waste facility but ] as defined in Chapters
                       Mars, Pa.                               271 and 287 (relating to municipal waste manage-
September 22, 1998     Department of Environmental             ment—general provisions; and residual waste man-
                          Protection                           agement—general provisions), do not substitute for
                       Southcentral Regional Office            design and performance standards required under the
                       Susquehanna River Conference            solid waste management regulations. See Articles VII—
                          Room                                 IX. In the case of hazardous waste facilities, remediations
                       909 Elmerton Avenue                     shall comply with requirements applicable under the
                       Harrisburg, Pa.                         Resource Conservation and Recovery Act (42 U.S.C.A.
                                                               §§ 6091—6986). [ The groundwater parameters and
  Persons wishing to present testimony at a hearing are
requested to contact Kate Coleman at the Environmental         human health and environmental protection levels
Quality Board, P. O. Box 8477, Harrisburg, PA 17105-           in Article IX (relating to residual waste) do not
8477, (717) 787-4526, at least 1 week in advance of the        apply to groundwater remediations. ]
hearing to reserve a time to present testimony. Oral                             *     *   *     *    *
testimony is limited to 10 minutes for each witness.
Witnesses are requested to submit three written copies of                ARTICLE IX. RESIDUAL WASTE
their oral testimony to the hearing chairperson at the                CHAPTER 287. RESIDUAL WASTE
hearing. Organizations are limited to designating one               MANAGEMENT—GENERAL PROVISIONS
witness to present testimony on their behalf at each
hearing.                                                                      Subchapter A. GENERAL
  Persons in need of accommodations as provided for in         § 287.1. Definitions.
the Americans with Disabilities Act of 1990 should con-          The following words and terms, when used in this
tact Kate Coleman directly at (717) 787-4526 or through        article, have the following meanings, unless the context
the Pennsylvania AT&T Relay Service at (800) 654-5984          clearly indicates otherwise:
(TDD) to discuss how the Department may accommodate
their needs.                                                                     *     *   *     *    *
                                     JAMES M. SEIF,              Abatement standards—Background, Statewide
                                            Chairperson        health and risk-based standards as those terms are
                                                               defined under this article.
  Fiscal Note: 7-336. (1) General Fund; (2) Implement-
ing Year 1998-99 is $450,000; (3) 1st Succeeding Year                            *     *   *     *    *
1990-00 is $375,000; 2nd Succeeding Year 2000-01 is              Accumulated speculatively—A material that is ac-
$375,000; 3rd Succeeding Year 20001-02 is $375,000; 4th        cumulated before being recycled.
Succeeding Year 2002-03 is $375,000; 5th Succeeding Year
2003-04 is $375,000; (4) FY 1997-98 $7,291,000; FY               (i) The term does not include material if the
1996-97 $7,364,000; FY 1995-96 $6,382,000; (7) Depart-         person accumulating it can show that the material
ment of Environmental Protection Subtotal. Licenses,           is potentially recyclable and has a feasible means of
Fees and Miscellaneous; (8) recommends adoption.               being recycled; and that—during the calendar year
                                                               (commencing on January 1)—the amount of mate-
                          Annex A                              rial that is recycled or transferred to a different
    TITLE 25. ENVIRONMENTAL PROTECTION                         site for recycling, equals at least 75% by weight or
                                                               volume of the amount of that material accumulated
   Subpart D. ENVIRONMENTAL HEALTH AND
                                                               at the beginning of the period.
                   SAFETY
  ARTICLE VI. GENERAL HEALTH AND SAFETY                          (A) In calculating the percentage of turnover, the
                                                               75% requirement is to be applied to each material
   CHAPTER 250. ADMINISTRATION OF LAND                         of the same type—for example, slags from a single
          RECYCLING PROGRAM                                    smelting process—that is recycled in the same way
      Subchapter A. GENERAL PROVISIONS                         (that is, from which the same material is recovered
                                                               or that is used in the same way).
§ 250.9. Interaction with other environmental stat-
  utes.                                                          (B) Materials that are already defined as wastes
                                                               also are not to be included in making the accumula-
                 *    *      *      *   *                      tion.
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4106                                          PROPOSED RULEMAKING

  (ii) Materials are no longer in this category once           processing that would not be required of the product or
they are removed from accumulation for recycling.              raw material, and the material is [ actually used on a
                 *    *   *    *    *                          regular basis ] not accumulated speculatively. Siz-
                                                               ing, shaping or sorting of the material will not be
  [ Asbestos containing waste—Waste that contains              considered processing for the purpose of this defi-
asbestos extracted from asbestos ore. As applied to            nition.
demolition and renovation operations, the term
includes friable asbestos and nonfriable asbestos                (B) If the material is to be used by the manufacturer or
from Asbestos Hazard Emergency Response Act                    producer of the material in lieu of an intentionally
(AHERA) (15 U.S.C.A. §§ 2601 note, 2614, 2618, 2619,           manufactured product or produced raw material, without
2641—2654; and 20 U.S.C.A. §§ 4014, 4014 note, 4021            processing that would not be required of the product or
and 4022) regulated removals. The term also in-                raw material, and the material is [ actually used on a
cludes asbestos waste collected from pollution con-            regular basis ] not accumulated speculatively. Siz-
trol devices. ]                                                ing, shaping or sorting of the material will not be
                  *   *    *    *    *                         considered processing for the purpose of this defi-
                                                               nition.
  Background standard—A numerical value as de-
termined under section 302 of the Land Recycling                 (iii) If no product or produced raw material ex-
and Environmental Remediation Standards Act (35                ists for purposes of chemical and physical compari-
P. S. § 6026.302) and § 250.202 (relating to establish-        son, the Department will review, upon request,
ing concentrations).                                           information provided and determine whether the
                                                               material is a coproduct because it is an effective
                  *   *    *    *    *                         substitute for an intentionally manufactured prod-
  By-product—A material [ generated by a manufac-              uct or produced raw material, based on the criteria
                                                               in subparagraph (ii) and whether the material pre-
turing or production process ] that is not [ a product
                                                               sents a threat of harm to human health and the
or coproduct, regardless of whether it has value to            environment in accordance with § 287.8 (relating to
the generator or another person ] one of the pri-              coproduct determinations).
mary products of a production process or a
coproduct and is not solely or separately produced               [ (iii) ] (iv) * * *
by the production process.
                                                                 [ (iv) A person ] (v) Persons producing, selling,
                *   *    *    *     *                          transferring, possessing or using a material [ as ] who
  Clean fill—Uncontaminated, nonwater-soluble, [ inert         claim that the material is a coproduct [ has the
solid material used to level an area or bring the              burden of proving, by a preponderance of evidence,
area to grade ] brick and block, concrete, used                that the material is a coproduct, ] and not a waste
asphalt, dredged material that has been sampled                shall demonstrate that there is a known market or
and analyzed in accordance with Department-                    disposition for the material, and that they meet the
approved tests, soils, stone, rock, gravel and waste           terms of this definition and § 287.8. In doing so,
from land clearing, grubbing and excavation, in-               they shall provide appropriate documentation, such
cluding trees, brush, stumps and vegetative mate-              as contracts showing that a second person uses the
rial. The term includes de minimis levels of contami-          material as an ingredient in a production process,
nation and does not include materials placed in or on          to demonstrate that the material is not a waste.
the waters of this Commonwealth unless approved by                              *     *    *    *     *
the Department. A person using the material as
clean fill has the burden of proof to demonstrate                Dredged material—Material dredged or excavated
that the material is clean fill.                               from waters for the direct or indirect purpose of
                                                               establishing or increasing water depth, or increas-
                  *    *     *     *    *                      ing the surface or cross-sectional area of a water-
  Coproduct—                                                   way and which includes sediment, soil, mud, shells,
                                                               gravel or other aggregate.
   (i) A material generated by a manufacturing or produc-
tion process, or [ an expended ] a spent material, of a                         *     *    *    *     *
physical character and chemical composition that is con-         [ Expended material—A material, including a
sistently equivalent to the physical character and chemi-      product or coproduct, that has been used for a
cal composition of an intentionally manufactured product       specific purpose and which can no longer be effec-
or produced raw material, if the use of the material           tively used for that purpose, without processing or
presents no greater threat of harm to human health and
                                                               treatment. ]
the environment than the use of the product or raw
material. A coproduct determination only applies to                             *     *    *    *     *
materials that will be applied to the land or used to
                                                                 Groundwater degradation—A measurable increase in
produce products that are applied to the land,
                                                               the concentration of one or more contaminants in ground-
including the placement of roadway aggregate, pipe
bedding or construction materials, or that will be             water above background [ levels ] concentrations for
used for energy recovery with a minimum Btu                    those contaminants.
value of 8,000.                                                  [ Groundwater parameter—For purposes of this
  (ii) The term only applies to one of the following:          article, the groundwater parameter for a contami-
                                                               nant shall be:
  (A) If the material is to be transferred in good faith as
a commodity in trade, for use in lieu of an intentionally        (i) The final maximum contaminant level goal
manufactured product or produced raw material, without         (MCLG) for the contaminant determined by the
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                             PROPOSED RULEMAKING                                                   4107

EPA under the Safe Drinking Water Act (21 U.S.C.A.              Reclaimed—A material is “reclaimed” if it is pro-
§ 349; 42 U.S.C.A. §§ 300f—300j25), if one exists,            cessed to recover a usable product, or if it is
unless the MCLG is 0.                                         regenerated.
  (ii) For contaminants for which no MCLG has                   Recycled—A material is “recycled” if it is used,
been established, or for contaminants for which the           reused or reclaimed.
MCLG has been established as 0, the final primary                            *    *    *      * *
maximum contaminant level (MCL) for the contami-
nant determined by the EPA under the Safe Drink-                Remediation standards—Background, Statewide
ing Water Act, if one exists.                                 health and site-specific standards as those terms
                                                              are defined under this article.
  (iii) For contaminants for which no MCLG has
been established or for which the MCLG has been                              *    *    *      * *
established as 0, and for which no MCL has been                  Risk-based standard—A risk-based abatement
established, the final secondary maximum contami-             standard for substances that have no primary
nant level (SMCL) for the contaminant determined              MCLs under the Federal and State Safe Drinking
by the EPA under the Safe Drinking Water Act, if              Water Acts (42 U.S.C.A. §§ 300f—300j-18 and 35 P. S.
one exists.                                                   §§ 721.1—721.17) for carcinogens.
  (iv) For other contaminants, the more stringent                (i) The standard represents a concentration asso-
of the following concentrations:                              ciated with an excess lifetime cancer risk level
                                                              between 1 × 10-4 and 1 × 10-6, including the cumula-
  (A) For EPA Class A or Class B carcinogens, as              tive risk of all contaminants.
specified in the EPA’s IRIS or its successor, 0.000035
divided by the oral cancer slope factor of the                   (ii) For systemic toxicants, the standard repre-
contaminant in units of (mg/kg/day) 1 obtained                sents a concentration to which the human popula-
from IRIS or its successor. The quotient shall be             tion (including sensitive subgroups) could be ex-
expressed in units of mg/l. Information about IRIS            posed on a daily basis that is likely to be without
and access methods to IRIS may be obtained from               appreciable risk of deleterious effects during a
IRIS User Support (MS-190), Environmental Crite-              lifetime.
ria and Assessment Office, Office of Research and                (iii) When several systemic toxicants affect the
Development, United States Environmental Protec-              same target organ or act by the same method of
tion Agency, 26 W. Martin Luther King Drive, Cin-             toxicity, the hazard index may not exceed one.
cinnati, Ohio 45286.
                                                                                *   *   *    *    *
  (B) For contaminants which produce noncar-                    Scrap metal—Bits and pieces of metal parts—for
cinogenic effects, 35 times the oral chronic refer-           example—bars, turnings, rods, sheets and wire—or
ence dose in units of mg/kg/day obtained from IRIS            metal pieces that may be combined together with
or its successor. The product shall be expressed in           bolts or soldering—for example, radiators, scrap
units of mg/l. ]                                              automobiles and railroad box cars—and which
                 *     *    *     *    *                      when worn or superfluous, can be reused.
                                                                                *    *    *     *    *
  [ Human health and environmental protection lev-
els—A standard of protection based upon the most                Secondary contaminants—A substance for which
stringent of maximum contaminant levels, second-              a secondary MCL exists, and no lifetime health
ary MCLs, Department-established cancer risk lev-             advisory level exists.
els, threshold levels that are protective of human                              *    *    *     *    *
health, and other standards that are protective of
the environment. ]                                              Site-specific standard—A numerical value as de-
                                                              termined under section 304 of the Land Recycling
                 *     *    *     *    *                      and Environmental Remediation Standards Act (35
                                                              P. S. § 6026.304) and Subchapter F (relating to expo-
  Land application—The management of solid waste              sure and risk determinations).
through agricultural utilization [ , ] or land reclamation
[ or surface land disposal ]. The term does not include                         *    *    *     *    *
the disposal of solid waste in a landfill or disposal           Special handling waste—Solid waste that requires the
impoundment.                                                  application of special storage, collection, transportation,
                                                              processing or disposal techniques due to the quantity of
                 *     *    *     *    *                      material generated or its unique physical, chemical or
  Municipal-like residual waste—Residual waste                biological characteristics. The term includes sewage
that has the same physical and chemical character-            sludge, infectious waste, chemotherapeutic waste, ash
istics as residential municipal waste.                        residue from a solid waste incineration facility, friable
                                                              asbestos containing waste, PCB containing waste and
                 *     *    *     *    *                      waste oil that is not hazardous waste [ oil, fuel con-
  Product—A commodity that is the sole or primary             taminated soil, waste tires and water supply treat-
intended result of a manufacturing or production process.     ment plant sludges ].
[ The term does not include materials that do not               Spent material—Material that has been used and
meet industry or manufacturing quality specifica-             as a result of contamination can no longer serve
tions or are otherwise off-specification; the materi-         the purpose for which it was produced without
als may be coproducts. ]                                      processing.
                 *     *    *     *    *                                        *    *    *     *    *
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4108                                         PROPOSED RULEMAKING

  Statewide Health Standard—A numerical value as              processed before or in lieu of being abandoned by
determined under section 303 of the Land Recy-                being disposed of, burned or incinerated. A dis-
cling and Environmental Remediation Standards                 carded material includes contaminated soil, con-
Act (35 P. S. § 6026.303) and §§ 250.304, except for          taminated water, contaminated dredge material,
subsection (d), 250.305 and 250.308 (relating to              spent material or by-product recycled in accord-
MSCS for groundwater; MSCS for soil; and soil to              ance with subparagraph (ii)(B), processed or dis-
groundwater pathway numeric values).                          posed.
                 *    *    *    *   *                           (ii) Materials that are not waste when recycled
  Steel slag—The uncontaminated, nonwater-                    include materials when they can be shown to be
soluble, inert solid material generated in the mak-           recycled by being:
ing of steel in an electric arc furnace, open hearth            (A) Used or reused as ingredients in an industrial
furnace, blast furnace or secondary steel-refining            process to make a product or employed in a par-
process.                                                      ticular function or application as an effective sub-
                                                              stitute for a commercial product, provided the
                 *     *    *     *    *
                                                              materials are not being reclaimed. This includes
  [ Use or reuse of a waste ] Used or reused—A                materials from the slaughter and preparation of
material that meets one of the following conditions:          animals that are used as raw materials in the
                                                              production or manufacture of products. Steel slag
 (i) [ The procedure whereby a waste is directly              is not waste if used onsite as a waste processing
employed in one of the following:                             liming agent in acid neutralization or onsite in
  (A) A ] The material is employed as an ingredient,          place of aggregate. Sizing, shaping or sorting of the
                                                              material will not be considered processing for the
including use as an intermediate, in an industrial            purpose of this subclause of the definition.
process to make a product [ , unless ]. A material will
not satisfy this condition if distinct components of the        (B) Coproducts.
[ waste ] material are recovered as separate end prod-          (C) Returned to the original process from which
ucts, as when metals are recovered from metal-                they are generated, without first being reclaimed
containing secondary materials.                               or land disposed. The material shall be returned as
                                                              a substitute for feedstock materials. When the origi-
   [ (B) In ] (ii) The material is employed in a par-         nal process to which the material is returned is a
ticular function or application as an effective substitute    secondary process, the materials shall be managed
for a commercial product.                                     so that there is no placement on the land and the
  [ (ii) The term does not include source reduction           secondary process takes place onsite.
or an activity that occurs during the generation of             (ii) The following materials are wastes, even if
the waste ].                                                  the recycling involves use, reuse or return to the
                                                              original process (as described as follows):
                 *     *    *     *    *
                                                                (A) Except for coproducts, materials used in a
  Waste—                                                      manner constituting disposal, or used to produce
  [ (i) One or more of the following:                         products that are applied to the land.
  (A) A by-product.                                             (B) Except for coproducts, materials burned for
                                                              energy recovery, used to produce fuel or contained
  (B) An expended material that is not a coproduct.           in fuel.
  (C) A material that is abandoned or disposed,                (C) Materials accumulated speculatively.
including abandoned or disposed products or
coproducts.                                                    (iii) A discarded or recycled material may not be
                                                              waste if a determination is made by the Depart-
  (D) A contaminated soil, contaminated water or              ment in accordance with § 287.7 (relating to deter-
other residue from the dumping, deposition, injec-            mination that a material is no longer a waste).
tion, spilling or leaking of a material into the
environment.                                                    (iv) In enforcement actions implementing the act,
                                                              a person who claims that the material is not a
  (ii) The term does not include:                             waste in accordance with subparagraph (ii) shall
  (A) Materials that are directly recycled or reused          demonstrate that there is a known market or dispo-
onsite in an ongoing manufacturing or industrial              sition for the material, and that the terms of the
process by the generator of the material, without             exclusion have been met. In doing so, appropriate
treatment or processing or release into the environ-          documentation shall be provided (such as contracts
ment.                                                         showing that a second person uses the material as
                                                              an ingredient in a production process) to demon-
  (B) Materials determined not to be a waste under            strate that the material is not a waste. In addition,
§ 287.7 (relating to determination that a material is         owners or operators of facilities claiming that they
no longer a waste) if the materials are used in               actually are recycling materials shall show that
accordance with the terms of the determination.               they have the necessary equipment to do so.
  (C) Materials from the slaughter and preparation              Waste classification standard—For purposes of
of animals that are used as raw materials in the              this article, the waste classification standard for a
production or manufacture of products. ]                      contaminant shall be:
  (i) Discarded material which is recycled or aban-             (i) The final maximum contaminant level goal
doned. A waste is abandoned by being disposed of,             (MCLG) for the contaminant determined by the
burned or incinerated or accumulated, stored or               Department or the EPA under the Safe Drinking
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                             PROPOSED RULEMAKING                                                       4109

Water Acts (21 U.S.C.A. § 349; 42 U.S.C.A. §§ 300f—             (c) Management of the following types of waste is
300j-25; and 35 P. S. §§ 721.1—721.17), if one exists,        subject to this article instead of Article VIII, and shall be
unless the MCLG is 0.                                         regulated as if the waste is residual waste, regardless of
                                                              whether the waste is municipal waste or residual waste:
  (ii) For contaminants for which no MCLG has
been established, or for contaminants for which the                             *     *    *     *     *
MCLG has been established as 0, the final primary
maximum contaminant level (MCL) for the contami-                (2) Waste oil that is not hazardous waste   [ oil ].
nant determined by the Department or the EPA                    (3) Waste tires and autofluff.
under the Safe Drinking Water Acts, if one exists.
                                                                (4)   [ Fuel contaminated ] Contaminated soil.
  (iii) For contaminants for which no MCLG has
been established or for which the MCLG has been                                 *     *    *     *     *
established as 0, and for which no MCL has been
                                                                (6) Dredged material.
established, the final secondary maximum contami-
nant level (SMCL) for the contaminant determined                (d) The disposal, processing, storage and transportation
by the Department or the EPA under the Safe                   at a municipal waste management facility of the following
Drinking Water Acts, if one exists.                           types of special handling waste is subject to the appli-
                                                              cable additional requirements for the disposal, processing,
  (iv) For other contaminants, the more stringent
                                                              storage and transportation of these wastes in this article,
of the following concentrations:
                                                              and shall be regulated as if the waste is residual waste
  (A) For EPA Class A or Class B carcinogens, as              regardless of whether the waste is municipal waste or
specified in the EPA’s IRIS or its successor, 0.000035        residual waste:
divided by the oral cancer slope factor of the
contaminant in units of (mg/kg/day)-1 obtained                  (1)   [ Asbestos ] Friable asbestos containing waste.
from IRIS or its successor. The quotient shall be                               *     *    *     *     *
expressed in units of mg/l. Information about IRIS
and access methods to IRIS may be obtained from               § 287.8. Coproduct determinations.
IRIS User Support (MS-190), Environmental Crite-                 (a) In addition to meeting the conditions of the
ria and Assessment Office, Office of Research and             definition of “coproduct” in § 287.1 (relating to
Development, United States Environmental Protec-              definitions), a person performing a coproduct de-
tion Agency, 26 W. Martin Luther King Drive, Cin-             termination shall evaluate chemical composition
cinnati, Ohio 45286.                                          and threat of harm to the environment and public
  (B) For contaminants which produce noncarcino-              health in accordance with this section. A proposed
genic effects, 35 times the oral chronic reference            coproduct may not present a greater threat of harm
dose in units of mg/kg/day obtained from IRIS or its          to human health and the environment than use of
successor. The product shall be expressed in units            an intentionally manufactured product or produced
of mg/l.                                                      raw material. A greater threat of harm is presented
                                                              if one of the following is met:
  [ Waste reclamation—
                                                                (1) For comparison of the proposed coproduct
  (i) The processing of a waste in one or more of             with a product or produced raw material, hazard-
the following ways:                                           ous or toxic constituents are present at elevated
  (A) To recover a usable product.                            levels unless an assessment of hazardous and toxic
                                                              constituents demonstrates that the constituents are
  (B) To recover distinct components as separate              not biologically available.
end products.
                                                                (2) For a proposed coproduct where no product
  (C) To make waste suitable for use or reuse,                or produced raw material will be replaced, an
through regeneration or otherwise.                            assessment of hazardous and toxic constituents
  (ii) The term does not include source reduction             demonstrates that the constituents are not biologi-
or an activity that occurs during the generating of           cally available.
residual waste. ]                                               (b) If the proposed coproduct is being compared
                                                              to an intentionally manufactured product or pro-
                  *    *    *     *    *
                                                              duced raw material, a person performing a
§ 287.2. Scope.                                               coproduct determination shall demonstrate that the
                                                              use of a proposed coproduct does not present a
                  *    *    *     *    *                      greater threat of harm to human health and the
  (b) Management of the following types of residual           environment by performing the following:
waste is subject to Subpart D, Article VIII (relating to        (1) An evaluation to determine which, if any,
municipal waste) instead of this article, and shall be        hazardous or toxic constituents are present in the
regulated as if the waste is municipal waste regardless of    proposed coproduct at levels exceeding those found
whether the waste is a municipal waste or residual            in the material it is replacing.
waste:
                                                                (2) An evaluation of the total levels of hazardous
                  *    *    *     *    *                      or toxic constituents, including the constituents in
 (3) Sewage sludge, including sewage sludge that is           § 261.34(e) (relating to appendices), to determine
mixed with [ other ] a small quantity of residual             whether the total levels of constituents contained
waste.                                                        in the proposed coproduct exceed the total levels
                                                              found in the intentionally manufactured product or
                  *    *    *     *    *                      produced raw material it is replacing. Based on
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4110                                      PROPOSED RULEMAKING

generator knowledge, if a hazardous or toxic con-         § 287.9. Industry-wide coproduct determinations.
stituent is not present evaluation of total levels is
                                                            (a) Based on existing documentation for
not required.
                                                          coproduct determinations, the Department may de-
  (3) An evaluation of the levels of leaching of          termine that, on an industry-wide basis, classes of
hazardous or toxic constituents, including the con-       materials are coproducts for specific uses if the
stituents in § 261.34(e), to determine whether the        following conditions are met:
levels of leaching from the proposed coproduct
                                                           (i) Chemical and physical characteristics of the
exceed the levels of leaching from the manufac-
                                                          material generated do not vary over time.
tured product or produced raw material it is re-
placing, based on a leaching procedure that is              (ii) Historical use of the material complies with
appropriate for the intended use of the proposed          industry standards and specifications.
product. Based on generator knowledge, if a haz-
ardous or toxic constituent is not present evalua-          (iii) Historical use of the material over an ex-
tion of leaching levels is not required.                  tended time period has demonstrated that the ma-
                                                          terial, when used as specified, performs as an
  (4) The routes of exposure to humans and eco-           effective substitute for an intentionally manufac-
logical receptors shall be identified. These routes of    tured product or produced raw material.
exposure shall include ingestion, inhalation, dermal
contact, leaching to the groundwater, plant uptake          (iv) There is historical documentation that a mar-
and surface runoff potential. Mitigating circum-          ket for the material and its use exists.
stances, such as protective gear worn by workers to         (v) Historical use of the material does not violate
reduce exposure during processing or application          the environmental protection acts or regulations
of the proposed coproduct, shall be identified.           thereunder and does not harm or present a threat
  (5) The use of a 95% upper confidence interval,         of harm to public health, safety, welfare or the
using the “test methods for evaluating solid waste”       environment based on an evaluation under § 287.8
(EPA SW-846), may be applied to the comparisons of        (relating to coproduct determinations).
constituent levels between the proposed coproduct            (b) The Department may establish a list of ap-
and the intentionally manufactured product or pro-        proved coproducts that meet the requirements of
duced raw material it is replacing.                       subsection (a). The Department will publish notice
  (c) If the proposed coproduct is not being com-         of its intent to establish or modify the list in the
pared to an intentionally manufactured product or         Pennsylvania Bulletin and will establish a comment
produced raw material, a person performing a              period of at least 30 days. After the close of the
coproduct determination shall demonstrate that the        30-day comment period, the Department will pub-
presence of hazardous or toxic constituents are not       lish the final list or any modification to the final
biologically available by performing the following:       list in the Pennsylvania Bulletin.

  (1) An evaluation of the total levels of hazardous         (c) The Department may remove an approved
or toxic constituents, including the constituents in      coproduct from the list if it finds that one or more
§ 261.34(e). Based on generator knowledge, if a           of the criteria used as a basis for the Department’s
hazardous or toxic constituent is not present evalu-      determination was incorrect, or new information
ation of total levels is not required.                    has become available that invalidates the determi-
                                                          nation. Removal of an approved coproduct from the
  (2) An evaluation of the levels of leaching of          list will be published in the Pennsylvania Bulletin
hazardous or toxic constituents, including the con-       with a comment period of at least 30 days. After the
stituents in § 261.34(e). Based on generator knowl-       close of the comment period, the Department will
edge, if a hazardous or toxic constituent is not          publish any modification of the list in the Pennsyl-
present evaluation of leaching levels is not re-          vania Bulletin.
quired.
                                                               Subchapter B. DUTIES OF GENERATORS
  (3) The routes of exposure to humans and eco-           § 287.51. Scope.
logical receptors shall be identified. These routes of
exposure include ingestion, inhalation, dermal con-         (a) A person or municipality that generates more than
tact, leaching to the groundwater, plant uptake and       an average of 2,200 pounds of residual waste per generat-
surface runoff potential. Mitigating circumstances,       ing location per month based on generation in the
such as protective gear worn by workers to reduce         previous year shall [ submit a ] comply with the
exposure during processing or application of the          biennial report and source reduction strategy under
proposed coproduct, shall be identified.                  §§ 287.52 and 287.53 (relating to biennial report; and
  (4) The use of a 95% upper confidence interval,         source reduction strategy).
using the “Test Methods for Evaluating Solid Waste”                          *   *     *    *    *
(EPA SW-846), may be applied to the analytical
results of the constituents evaluated.                    § 287.52. Biennial report.

  (d) A person who completes a coproduct determi-            (a) By [ January 4, 1993, and by ] March 1 of each
nation shall maintain documentation supporting            odd numbered year [ thereafter ], a person or municipal-
the determination. This documentation shall be            ity subject to this subchapter shall file a report with the
available to the Department upon request.                 Department.
  (e) A person who completes a coproduct determi-                            *   *     *    *    *
nation shall provide documentation supporting the         § 287.53. Source reduction strategy.
determination to persons selling, transferring, pos-
sessing or using the material.                                               *   *     *    *    *
                            PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                             PROPOSED RULEMAKING                                                     4111

  (b) For each type of waste generated, the strategy shall      (1) Agricultural waste produced in the course of normal
include:                                                      farming operations, if the waste is not hazardous. An
                                                              agricultural waste will be presumed to be produced in the
  (1) A description of the source reduction activities
                                                              course of normal farming operations if its application is
conducted by the person or municipality in the 5 years
                                                              consistent with that for normal farming operations. A
prior to the date that the strategy is required to be
                                                              person managing mushroom waste shall implement
prepared. The description shall quantify reductions in the
                                                              best management practices. The Department will
weight or toxicity of waste generated on the premises.
                                                              prepare a manual for the management of mush-
[ The first strategy prepared by a person or munici-          room waste which identifies best management
pality under this section shall describe source re-           practices and may approve additional best manage-
duction activities conducted by the person or mu-             ment practices on a case-by-case basis. If a person
nicipality in the 5 years prior to July 4, 1992, if the       fails to implement best management practices for
generator has sufficient records to accurately docu-          mushroom waste, the Department may require com-
ment these activities. ]                                      pliance with the land application, composting and
                                                              storage operating requirements of Chapters 291,
                 *     *    *     *    *
                                                              295 and 299 (relating to land application of residual
§ 287.54. Chemical analysis of waste.                         waste; composting facilities for residual waste; stor-
                                                              age and transportation of residual waste).
 (a) In accordance with subsection (b), a person or
municipality subject to this subchapter shall:                  (2) The use of food processing waste or food processing
                                                              sludge in the course of normal farming operations if the
                 *     *    *     *    *
                                                              waste is not hazardous [ and if the land application of
  (3) Evaluate the potential for the waste and the            food processing waste or food processing sludge
constituents in the waste to leach into the environ-          complies with the operating requirements of Chap-
ment.                                                         ter 291 (relating to land application of residual
                                                              waste), unless waived or modified by the Depart-
  [ (3) ] (4) Submit a copy of the analysis, determination    ment ]. A person managing food processing waste
and a record of laboratory quality control procedures and
                                                              shall implement best management practices. The
the use of those procedures to the Department on forms
                                                              Department will prepare a manual for the manage-
prepared by the Department and to each solid waste
                                                              ment of food processing waste which identifies best
management facility which accepts or proposes to accept
                                                              management practices and may approve additional
the waste from the person or municipality for processing
                                                              best management practices on a case-by-case basis.
or disposal in accordance with written approval from the
                                                              If a person fails to implement best management
Department. The information which shall be submitted to
                                                              practices for food processing waste, the Depart-
a solid waste management facility may be limited to
                                                              ment may require compliance with the land appli-
information pertaining to the particular types of waste
                                                              cation, composting and storage operating require-
which the facility receives in accordance with Departmen-
                                                              ments of Chapters 291, 295 and 299.
tal approval. The submittal of quality control procedures
and procedure information may be waived by the Depart-                          *     *    *   *     *
ment if the [ generator ] information has previously             (6) [ The use as clean fill of the materials in
been submitted [ the information ] to the Department.         subparagraphs (i) and (ii) if they are separate from
                 *     *    *     *    *                      other waste. The person using the material as clean
                                                              fill has the burden of proof to demonstrate that the
  (g) The Department may, in writing, waive or modify         material is clean fill.
the requirements of this section for special handling
                                                                 (i) The following materials, if they are uncon-
waste and municipal-like residual waste.
                                                              taminated: soil, rock, stone, gravel, brick and block,
§ 287.55. [ Small quantity generator         ] retained       concrete and used asphalt.
  recordkeeping [ requirements ].                                (ii) Waste from land clearing, grubbing and exca-
                                                              vation, including trees, brush, stumps and vegeta-
  (a) A person or municipality that generates [ an aver-      tive material. ] Processing that results in the ben-
age of 2,200 pounds or less of ] residual waste [ per         eficial use of scrap metal.
generating location per month based on generation
in the previous year, or which is otherwise ex-                                 *     *  *    *    *
empted from this subchapter, ] shall:                         § 287.102. Permit-by-rule.
                 *     *    *     *    *                        (a) Purpose.
                                                                                *     *    *     *     *
 Subchapter C. GENERAL REQUIREMENTS FOR
    PERMITS AND PERMIT APPLICATIONS                              (3) A facility is not subject to permit-by-rule under this
                                                              section unless the operator prepares and maintains the
                       GENERAL                                following at the facility in a readily accessible place:
§ 287.101. General requirements for permit.                                     *     *    *     *     *
                 *     *    *     *    *                      TRANSITION SYSTEM FOR EXISTING FACILITIES
  (b) A person or municipality is not required to obtain a    § 287.112. Storage impoundments and storage facil-
permit under this article, comply with the bonding or           ities.
insurance requirements of Subchapter E (relating to
                                                                                *     *    *     *     *
bonding and insurance requirements) or comply with
Subchapter B (relating to duties of generators) for one or      (f) Modification of operating requirements on repermit-
more of the following:                                        ting are as follows:
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4112                                          PROPOSED RULEMAKING

  (1) For residual waste storage impoundments permit-           (g) A person or municipality that is required
ted and constructed on or before July 4, 1992, the            under subsection (e) or (f) to cease storage, disposal
Department may waive or modify the liner system and           or processing of waste shall submit a closure plan
leachate treatment system requirements that would oth-        under § 287.117 (relating to closure plan). An appli-
erwise be applicable under this article if the following      cation for a new permit shall be filed in accordance
conditions are met:                                           with this article to receive, process or dispose of
                  *    *    *     *    *                      solid waste.
                                                              § 287.117. Closure plan.
  (ii) The operator demonstrates based on sampling and
analysis data taken by the operator or the Department            (a) A closure plan for a residual waste processing or
that groundwater degradation from the facility does not       disposal facility submitted under § 287.113 or 287.115
exceed one of the following for any contaminant:              (relating to permitting procedure for unpermitted process-
                                                              ing or disposal facilities; and filing by permitted facilities)
  (A) The [ groundwater parameter ] Statewide                 shall show how the operator plans to close in a manner
health standard for the contaminant at [ one or more          that will protect public health, safety and the environ-
monitoring points ] the property boundary.                    ment. Except as provided in subsections [ (b) ] (c) and
  (B) [ Background levels ] The background stan-
                                                              [ (c) ] (d), the closure plan shall be consistent, at a
dard for the contaminant at the property boundary.            minimum, with the applicable regulations for the type of
                                                              facility concerning the following:
                  *    *    *     *    *                                         *     *     *     *    *
§ 287.115. Filing by permitted facilities.                      (b) The Department may waive or modify the
                  *    *    *     *    *                      applicable regulations concerning subsection (a) if
                                                              a person or municipality can demonstrate that an
  (c) Modification.                                           existing system or design performs at a level that is
  (1) For residual waste landfills permitted under the act    equivalent to the applicable regulations.
before July 4, 1992, and residual waste disposal impound-
ments permitted under the act or The Clean Streams
                                                                [ (b) ] (c) ***
Law before July 4, 1992, the Department may waive or            [ (c) ] (d) ***
modify the liner system and leachate treatment require-
ments that would otherwise be applicable under this             [ (d) ] (e) ***
article after approval of a complete application for permit     [ (e) ] (f) ***
modification, if the following conditions are met:
                  *    *    *     *    *                        [ (f) ] (g) ***
  (ii) The operator demonstrates one of the following in                          *    *    *     *     *
the preliminary application:                                    [ (g) ] (h) ***
  (A) Groundwater degradation from the facility, based                            *    *    *     *     *
on sampling and analysis data for a 1 year period that
meets the requirements of this article, does not exceed         [ (h) ] (i) ***
the [ groundwater parameter for a contaminant at                (j) Groundwater degradation at a solid waste fa-
one or more monitoring points, or background                  cility that ceased receiving waste after September
levels for a contaminant ] background or Statewide            7, 1980, shall be remediated in accordance with one
health standard for a contaminant at the property             of the following:
boundary.                                                       (1) An approved closure plan, permit or any prior
  (B) The operator has complied and will continue to          administrative consent order, consent adjudication,
comply with the applicable requirements for groundwater       judicially approved consent order or other settle-
assessment and groundwater abatement in this article          ment agreement entered into with the Department.
and has demonstrated that the abatement will result in          (2) Section 287.342(c) (relating to final closure
restoration of the groundwater to levels that are at least    certification), if paragraph (1) is not applicable or if
equivalent to the [ groundwater parameters ] back-            a remediation is conducted under a document in
ground or Statewide health standards for a con-               paragraph (1) that has been so modified and ap-
taminant at the property boundary. It is not neces-           proved.
sary, for purposes of this demonstration, that restoration
of groundwater to these levels occur before closure.              GENERAL APPLICATION REQUIREMENTS
However, this paragraph in no way alters the operator’s       § 287.127. Environmental assessment.
obligations for final closure certification under § 287.342
(relating to final closure certification) or as otherwise       (a) Impacts. Each environmental assessment in a per-
provided in Subchapter E (relating to bonding and insur-      mit application shall include a detailed analysis of the
ance requirements).                                           potential impact of the proposed facility on the environ-
                                                              ment, public health and public safety, including traffic,
                  *    *    *     *    *                      aesthetics, air quality, water quality, stream flow, fish and
  (4) The liner system and leachate treatment sys-            wildlife, plants, aquatic habitat, threatened or endan-
tem requirements may not be modified or waived                gered species, water uses and land use. The applicant
for areas identified in an application for a new              shall consider environmental features such as scenic
permit or permit modification submitted after July            rivers, recreational river corridors, State and Federal
4, 1997.                                                      forests and parks, the Appalachian trail, historic and
                                                              archaeological sites, National wildlife refuges, State natu-
                  *    *    *     *    *                      ral areas, National landmarks, prime farmland,
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                            PROPOSED RULEMAKING                                                4113

wetland, special protection watersheds designated under    the mitigation plans, the applicant shall demon-
Chapter 93 (relating to water quality standards), public   strate that the benefits of the project to the public
water supplies and other features deemed appropriate by    clearly outweigh the remaining known and poten-
the Department or the applicant.                           tial environmental harms. In making this demon-
                                                           stration, the applicant shall describe in detail the
  (b) [ The Department, after consultation with ap-        benefits relied upon. The benefits of the project
propriate governmental agencies and potentially            shall consist of social and economic benefits that
affected persons, will evaluate the assessment pro-        remain after taking into consideration the known
vided under subsection (a) to determine whether            and potential social and economic harms of the
the proposed operation has the potential to cause          project and shall also consist of the environmental
environmental harm. If the Department determines           benefits of the project, if any.
that the proposed operation has that potential, it
will notify the applicant in writing. ] Harms. The           (e) [ The description shall include a detailed ex-
environmental assessment shall describe the known          planation of the need for the facility and the
and potential environmental harms of the proposed          consistency of the facility with municipal, county
project. The applicant shall provide the Depart-           or regional solid waste plans approved by the
ment with a written mitigation plan which explains         Department. ] Identification of harms and benefits.
how the applicant plans to mitigate each known or          Known and potential harms and benefits of a pro-
potential environmental harm identified and which          posed project may also be identified by the Depart-
describes any known and potential environmental            ment or any other person or municipality.
harms not mitigated. The Department will review
the assessment and mitigation plans to determine             (f) Evaluation. After consultation with other ap-
whether there are additional harms and whether             propriate agencies and potentially affected persons,
all known and potential environmental harms will           the Department will evaluate the environmental
be mitigated. In conducting its review, the Depart-        assessment in Phase I of permit review or other-
ment will evaluate each mitigation measure and             wise prior to technical review.
will collectively review mitigation measures to en-          (g) Revision. The Department may require sub-
sure that individually and collectively they ad-           mission of a revised environmental assessment if
equately protect the environment and the public            additional harms or potential harms are discovered
health, safety and welfare.                                during any phase of permit application review.
  (c) [ If the Department or the applicant deter-                               WASTE ANALYSIS
mines that the proposed operation may cause envi-
ronmental harm, the applicant shall provide the            § 287.131. Scope.
Department with a written explanation of how it               (a) Sections 287.132—287.134 (relating to chemical
plans to mitigate the potential harm, through alter-       analysis of waste; source reduction strategy; and waste
natives to the proposed facility or portions thereof,      analysis plan) apply to residual waste management facil-
including alternative locations, traffic routes or         ities that apply to receive residual waste [ for process-
designs, or other appropriate mitigation mea-
                                                           ing or disposal ]. Sections 287.132—287.134 do not
sures. ] Noncaptive landfills, disposal impound-           apply to:
ments and incinerators. If the application is for the
proposed operation of a noncaptive landfill, dis-                               *   *   *   *     *
posal impoundment or incinerator, the applicant            § 287.132. Chemical analysis of waste.
shall demonstrate that the benefits of the project to
the public clearly outweigh the known and poten-             (a) Application.
tial environmental harms. In making this demon-
stration, the applicant shall describe in detail the          (1) An application shall contain the following informa-
benefits relied upon. The benefits of the project          tion for each waste on a form provided by the Depart-
shall consist of social and economic benefits that         ment:
remain after taking into consideration the known                                *   *   *   *     *
and potential social and economic harms of the
project and shall also consist of the environmental          (v) If the waste will be disposed of at a residual waste
benefits of the project, if any.                           landfill or residual waste disposal impoundment, a dem-
                                                           onstration that the waste meets the requirements for
  (d) [ The applicant shall describe in writing the        disposal at the facility without adversely affecting the
social and economic benefits of the project to the         effectiveness of the liner or leachate treatment
public if one of the following applies:                    system.
  (1) The application is for a residual waste landfill                          *   *   *   *     *
or residual waste disposal impoundment.
                                                             (4) The Department may, in writing, waive or modify
  (2) The application is for another type of facility,     the evaluation required by this subsection for waste to be
and the Department determines, after consultation
with appropriate governmental agencies and poten-
                                                           [ disposed ] received at [ lined disposal ] permitted
tially affected persons, that the potential for signifi-   facilities if all of the following are met:
cant environmental harm remains despite the miti-                               *   *   *   *     *
gation measures described in subsection (c). ] Other
facilities. If the application is for the proposed           (ii) The waste [ has the same characteristics as
operation of another type of facility and the appli-       municipal waste that does not contain hazardous
cant or the Department upon review determines              waste ]. is municipal-like residual waste and no
that known or potential environmental harm re-             changes in operation or management of the permit-
mains despite the mitigation measures described in         ted facility are required to accept the waste.
                             PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4114                                            PROPOSED RULEMAKING

   (iii) The applicant has demonstrated to the Depart-            (b) Each application for a permit modification under
ment’s satisfaction that no additional analysis is neces-       § 287.154 (relating to public notice and public hearings
sary to determine if the waste can be [ disposed of ]           for permit modifications) shall be accompanied by a
received at the facility without adversely affecting the        nonrefundable fee in the form of a check payable to the
effectiveness of the liner or leachate treatment systems.       “Commonwealth of Pennsylvania” for the following
                                                                amount:
                   *    *    *    *     *
                                                                  (1) [ Eight ] Six hundred dollars for the addition of
§ 287.133. Source reduction strategy.
                                                                types of waste not approved in the permit.
  An application for the processing or disposal of residual
waste shall contain a copy of the source reduction strat-         (2) [ Six ] Seven thousand [ three ] eight hundred
egy required by § 287.53 (relating to source reduction          dollars for residual waste landfills.
strategy) for each residual waste to be [ disposed of or          (3) [ Five ] Six hundred dollars for the agricultural
processed ] received at the facility.                           utilization of residual waste.
§ 287.134. Waste analysis plan.                                   (4) One thousand [ six ] nine hundred dollars for the
   (a) The application shall include a waste analysis plan      utilization of residual waste for land reclamation or
for each type of waste proposed to be [ disposed ]              surface land disposal.
received at the permitted facility. The plan shall take           (5) [ Three ] Four thousand six hundred dollars for
into account the waste analysis required by § 287.132           residual waste disposal impoundments.
(relating to chemical analysis of waste). At a minimum,
the plan shall include:                                           (6) For residual waste processing facilities:
                  *      *     *     *    *                       (i) One thousand    [ two ] five hundred dollars for
                                                                incinerators.
   (b) The application shall also include a plan for screen-
ing and managing incoming waste to ensure that the               (ii) [ Six ] Seven hundred dollars for other residual
disposal or processing of the waste is consistent with the      waste processing facilities.
permit and this [ chapter ] article. Except as otherwise          (7) Five thousand [ four ] eight hundred dollars for
required by the Department, the application shall include,      demonstration facilities.
at a minimum, a plan for checking each load of waste
received at the facility for color, physical state and phases     (8) [ Two ] Three hundred     [ fifty ] dollars for a minor
of waste.                                                       permit modification.
                  *      *     *     *    *                                       *    *    *      *    *
                            FEES                                        PUBLIC NOTICE AND COMMENTS
§ 287.141. Permit application fee.                              § 287.151. Public notice by applicant.
   (a) Each application for a new permit and each applica-         (a) An applicant for a new permit, major permit modifi-
tion for permit modification under § 287.115 (relating to       cation, permit renewal, permit reissuance and a person or
filing by permitted facilities) shall be accompanied by a       municipality submitting a closure plan shall publish once
nonrefundable fee in the form of a check payable to the         a week for 3 consecutive weeks a notice in a newspaper of
“Commonwealth of Pennsylvania” for the following                general circulation in the area where the facility or
amount:                                                         proposed facility is located. The notice shall meet the
  (1) [ Fifteen ] Twenty-five thousand          [ six ] nine    following requirements:
hundred dollars for residual waste landfills.                     (1) The notice shall include a brief description of the
  (2) [ Ten ] Eight thousand [ nine ] five hundred dol-         location and proposed operation or closure of the facility,
lars for residual waste disposal impoundments.                  and shall indicate where copies of the application or
                                                                closure plan will be filed. If groundwater degradation
  (3) [ One ] Five thousand [ seven ] one hundred               exists at closure or occurs after closure, the notice
dollars for the agricultural utilization of residual waste.     shall include a list of contaminants, abatement
                                                                measures taken prior to closure, if applicable, pro-
  (4) Five thousand [ four ] one hundred dollars for the        posed remediation measures and proposed
utilization of residual waste for land reclamation [ or         remediation standards to be met. If the permittee
surface land disposal ].                                        proposes to utilize the site-specific standard, the
                                                                notice shall include a 30-day public and municipal
  (5) [ Two ] Five thousand two hundred dollars for             comment period during which the municipality can
residual waste transfer facilities.                             request to be involved in the development of the
  (6) For residual waste processing facilities other than       remediation and reuse plans for the site.
transfer facilities:                                                              *    *    *      *    *
  (i) [ Six ] Eight thousand [ six ] three hundred dol-           (d) An applicant for a new permit, permit reissuance,
lars for noncaptive residual waste incinerators.                permit renewal or major permit modification, and a
                                                                person or municipality submitting a closure plan shall,
  (ii) [ One ] Two thousand [ six ] two hundred dollars         immediately before the application or plan is filed with
for captive residual waste incinerators.                        the Department, give written notice to each municipality
  (iii) [ Three ] Five thousand [ three ] two hundred           in which the site or proposed permit area is located. If
dollars for other residual waste processing facilities.         groundwater degradation exists at closure or oc-
                                                                curs after closure, the notice shall include a list of
  (7) [ Fourteen ] Eight thousand five hundred dol-             contaminants, abatement measures taken prior to
lars for demonstration facilities.                              closure, if applicable, proposed remediation mea-
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                   4115

sures and proposed remediation standards to be                 results in increased disposal or storage capacity or
met. If the permittee proposes to utilize the site-            impacts groundwater isolation distances or ground-
specific standard, the notice shall include a 30-day           water quality.
public and municipal comment period during                                     *    *    *    *    *
which the municipality can request to be involved
in the development of the remediation and reuse                  (5) A change in the approved groundwater monitoring
plans for the site. The notice shall state if the applicant    plan, except for the addition or replacement of wells or
proposes a design alternative under § 287.231, and shall       parameters, or a change in the groundwater monitoring
briefly describe the alternative design. The applicant         plan for a facility permitted prior to the effective date of
shall file with the Department a copy of the notice as part    these regulations to comply with the requirements of this
of the application or plan. The Department will not issue      article.
a permit for 60 days from the date of this notice unless        (6) A change in approved leachate collection and treat-
each municipality to which this notice is sent submits a       ment [ plan ] method.
written statement to the Department expressly waiving
the 60-day period.                                               (7) A change in gas monitoring or management plan, or
                                                               both, except where installation of additional wells
                  *    *     *     *    *                      or improvements to the collection systems are pro-
§ 287.152. Public notice by Department.                        posed.
  (a) The Department will publish a notice in the Penn-          [ (8) A change in the approved type, amount,
sylvania Bulletin of the following:                            origin or application of daily, intermediate and
                  *    *     *     *    *                      final cover materials. A change in origin of cover
                                                               materials will not, however, be considered an appli-
  (2) Receipt of a closure plan and if groundwater             cation for a major permit modification if the origin
degradation exists at closure or occurs after clo-             of the cover materials in the existing permit is an
sure, the notice shall include a list of contaminants,         offsite borrow area.
abatement measures taken prior to closure, if appli-
cable, proposed remediation measures and pro-                    (9) ] (8) ***
posed remediation standards to be met. If the                    [ (10) ] (9) ***
permittee proposes to utilize the site-specific stan-
dard, the notice shall include a 30-day public and               [ (11) ] (10) A change in approved design under
municipal comment period during which the mu-                  § 287.231 (relating to equivalency review procedure) if
nicipality can request to be involved in the develop-          the design has not been previously approved
ment of the remediation and reuse plans for the                through an equivalency review.
site.                                                            (11) The submission of an abatement plan.
                  *    *     *     *    *                        (b) An application for a permit modification for a
   (b) The Department will submit a copy of each applica-      residual waste processing facility shall be considered an
tion for a new permit, permit reissuance, permit renewal       application for a major permit modification under
or major permit modification, and each closure plan to the     §§ 287.151—287.153 if the application involves one or
host municipality and the appropriate county, county           more of the following:
planning agency and county health department, if one             (1) A change in specifications or dimensions of waste
exists. If groundwater degradation exists at closure           storage or residue storage areas if the change results
or occurs after closure, the Department will include           in an increase in processing or storage capacity.
a copy of the applicant’s list of contaminants, iden-
tification of abatement measures taken prior to                  (2) A change in the approved groundwater monitoring
closure, if applicable, proposed remediation mea-              plan, except for the addition or replacement of wells or
sures and proposed remediation standards to be                 parameters.
met. For new or expanded residual waste landfills or
residual waste disposal impoundments for which the               (3) A change in an approved closure plan     [ , if appli-
Phase I and Phase II applications are submitted sepa-          cable ].
rately, copies of the Phase I and Phase II applications will                     *    *     *    *     *
be submitted.
                                                                 (6) A change in approved design under § 287.231 if
                  *    *     *     *    *                      the design has not been previously approved
§ 287.154. Public notice and public hearings for               through an equivalency review.
  permit modifications.                                                          *    *     *    *     *
  (a) An application for a permit modification for a             Subchapter D. PERMIT REVIEW PROCEDURES
residual waste landfill or residual waste disposal im-                         AND STANDARDS
poundment shall be considered an application for a major
permit modification under §§ 287.151—287.153 (relating                         PERMIT REVIEW
to public notice by applicant; public notice by Depart-        § 287.202. Completeness review.
ment; and public comments) if the application involves
one or more of the following:                                    (a) After receipt of a permit application, the Depart-
                                                               ment will determine whether the application is adminis-
                  *    *     *     *    *                      tratively complete. For purposes of this section, an appli-
 (2) A change in the average or maximum daily                  cation is administratively complete if it contains the
waste volume.                                                  necessary information, maps, fees and other documents,
                                                               regardless of whether the information, maps, fees and
  (3) A change in excavation contours or final contours,       documents would be sufficient for issuance of the permit.
including final elevations and slopes, if the change           If the Phase I and Phase II parts of the application
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4116                                         PROPOSED RULEMAKING

for a landfill are submitted separately, the applica-                 OTHER PERMITTING PROVISIONS
tion will not be considered to be administratively            § 287.231. Equivalency review procedure.
complete until both parts are determined to be
administratively complete.                                                     *     *    *    *     *
                 *     *    *     *    *                        (e) [ For a specific section in this article that
                                                              expressly allows approval of an alternative design
        GENERAL PERMIT RESTRICTIONS
                                                              under this section, the Department may publish in
§ 287.211. Term of permits.                                   the Pennsylvania Bulletin a notice and findings
                                                              that a particular design not identified in the sec-
                 *     *    *     *    *
                                                              tion represents best available demonstrated tech-
   (c) Residual waste may not be disposed [ or ], pro-        nology for accomplishing the performance stan-
cessed [ at a facility ] or beneficially used under a         dards in the section.
permit after the expiration of [ its ] the permit term for      (1) The Department will not publish such a notice
disposal, processing or beneficial use. Expiration of         until after it has approved the particular design at
the permit term does not limit the operator’s responsibil-    least once under this section.
ity for complying with closure and postclosure require-         (2) After publication of the notice, a permit appli-
ments and all other requirements under the act, the           cant may propose, and the Department may ap-
environmental protection acts, the regulations promul-        prove, the design contained in the notice without
gated thereunder[ , ] or the terms or conditions of its       use of the procedure in this section. ] If an alterna-
permit.                                                       tive design is approved through a major permit
                 *     *    *     *    *                      modification, the Department may approve the ap-
                                                              plicability of the alternative design to another ap-
  (e) If no residual waste is processed or disposed [ at a    plicant through a minor permit modification.
facility ] under a permit within 5 years of the date of           Subchapter E. BONDING AND INSURANCE
issuance by the Department of a permit for the facility,                      REQUIREMENTS
the permit is void.
                                                                                BOND RELEASE
§ 287.212. Conditions of permits—general and right
  of entry.                                                   § 287.341. Release of bonds.
  Each permit issued by the Department will ensure and                         *     *    *    *     *
contain the following conditions:                               (g) The following apply with regard to bond release:
                 *     *    *     *    *                         (1) The Department will not release a bond amount
                                                              deposited for a facility if the release would reduce the
  (4) The permittee shall notify the Department
                                                              total remaining amount of bond to an amount which
within the time stated in the permit and if no time
                                                              would be insufficient for the Department to complete
is stated not later than 45 days, on a form prepared
                                                              closure and postclosure care, including long-term
by the Department, after the transfer has occurred
                                                              maintenance of remediation measures, and to take
of a controlling interest in the permittee. The
                                                              measures that may be necessary to prevent adverse
notification shall contain the same information
                                                              effects upon the environment or public health, safety or
about the person who obtained the controlling
                                                              welfare under the act, the environmental protection acts,
interest in the permittee as is required of a permit
                                                              this title, the terms and conditions of the permits and
applicant under §§ 287.124 and 287.125 (relating to
                                                              orders of the Department.
identification of interests; and compliance informa-
tion). A “controlling interest” means the possession,           (2) The release of a bond by the Department does not
direct or indirect, of the power to direct or cause           constitute a waiver or release of other liability provided
the direction of the management and policies of a             in law, nor does it abridge or alter rights of action or
person, whether through the ownership of voting               remedies of a person or municipality now or hereafter
securities, by contract or otherwise.                         existing in equity or under criminal and civil common law
                                                              or statutory law. The release of a bond does not discharge
   PERMIT REISSUANCE, MODIFICATION AND                        an owner or operator from liability to restore the ground-
                RENEWAL
                                                              water to [ background conditions ] remediation
§ 287.221. Permit reissuance.                                 standards and to maintain groundwater quality, at
                                                              a minimum, at those levels.
  (a) A transfer, assignment or sale of rights granted
under a permit may not be made [ except as provided                            *     *    *    *     *
in this section ] without obtaining permit reissu-               [ (4) For facilities which have not achieved back-
ance.                                                         ground levels for groundwater at final closure cer-
                 *     *    *     *    *                      tification, the Department may make a determina-
                                                              tion that additional remediation has become
§ 287.222. Permit modification.                               technologically feasible during the 10-year period
                 *     *    *     *    *                      following final closure certification. If a determina-
                                                              tion is made, the Department may require the
  (c) The Department may approve, onsite, a minor             application of the newly developed technology at
permit modification for the construction of liner             the site provided the new technology will not cause
systems or of erosion and sedimentation control               more environmental harm than the contaminants.
devices if it is impracticable to comply with subsec-         When determining whether the new technology
tions (a) and (b) and if the modification will im-            should be applied, the Department will consider
prove the permitted design.                                   whether the financial burden of additional
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                             PROPOSED RULEMAKING                                                     4117

remediation so outweighs the environmental ben-               remediation for the facility has achieved levels that
efit that it would be unreasonable to require it at           are at least equivalent to the groundwater param-
the time of evaluation. If the new technology re-             eters. ]
quired by the Department is not applied by the
operator or if the technology is not applied in                 For measuring compliance with secondary con-
accordance with manufacturer’s instructions and               taminants, under subsection (c)(2)(i) or (iii), the
reasonable standards of the profession the bond               Department may approve a compliance point be-
will not be released. ]                                       yond the property boundary up to a water source.
                                                                                *     *    *     *     *
§ 287.342. Final closure certification.
                                                                 (g) The final closure certification will not be construed
                    *   *   *     *    *
                                                              as a guarantee of future performance nor will it consti-
  (b) The final closure certification request shall be ac-    tute a waiver or release of bond liability or other liability
companied by a nonrefundable administration fee in the        existing in law or equity for adverse environmental
form of a check payable to the “Commonwealth of Penn-         effects or conditions of noncompliance at the time of the
sylvania” for the following amount:                           certification or at a future time, for which the operator
                                                              shall remain expressly liable. The issuance of a final
  (1) [ Seven ] Eight thousand [ one ] eight hundred          closure certification does not discharge an owner or
dollars for residual waste landfills and residual waste       operator from liability to restore the groundwater to
disposal impoundments.                                        [ background conditions ] remediation standards
  (2) [ Four ] Six hundred [ and fifty ] dollars for all      and maintain groundwater quality, at a minimum,
other residual waste processing or disposal facilities.       at those levels.
  (c) [ Except as provided in subsection (d), ] The                             *     *    *     *     *
Department will not issue a final closure certification         (i) If after the issuance of a certification of final
unless the operator demonstrates that:                        closure the Department determines that the level of
                    *   *   *     *    *                      risk is increased beyond the acceptable range at a
                                                              facility due to substantial changes in exposure
  (2) One of the following remediation standards is           conditions, such as in a change in land use from a
met and maintained at the identified compliance               nonresidential to a residential use, or new informa-
points:                                                       tion is obtained about a substance associated with
  (i) The Statewide health standard at and beyond             the facility which revises exposure assumptions
the property boundary.                                        beyond the acceptable range, additional remedia-
                                                              tion shall be required.
  (ii) The background standard at each well se-
lected to determine the extent of contamination, as           PUBLIC LIABILITY INSURANCE REQUIREMENTS
identified in § 288.256(c)(1) or § 289.266(c)(1) (relat-      § 287.371. Insurance requirement.
ing to groundwater assessment plan).
                                                                (a) A person or municipality that has not submitted
  (iii) The site-specific standard at and beyond the          proof of insurance under the act may not dispose or
property boundary.                                            process residual waste unless the person or municipality
                                                              has submitted proof of a commercial policy of liability
  [ (2) ] (3) ***                                             insurance covering third-party claims for property dam-
  [ (3) ] (4) ***                                             age and bodily injury as provided by this section [ by
                                                              August 3, 1992 ].
  (d) [ The Department may issue a final closure
certification, although groundwater monitoring in-                              *     *    *     *     *
dicates that there is groundwater degradation at                     Subchapter F. CIVIL PENALTIES AND
the facility, if the facility otherwise complies with                         ENFORCEMENT
subsection (c), and the operator demonstrates, to
the Department’s satisfaction, that the following                                   ENFORCEMENT
conditions have been met:                                     § 287.421. Administrative inspections.
  (1) It is impossible or infeasible to restore the                             *     *    *     *     *
groundwater quality to background levels using the
                                                                (b) The Department, its employes and agents may
technology that is available at the time of the
                                                              conduct routine inspections as follows:
request for final closure certification.
  (2) The operator’s groundwater remediation ac-                (1) For residual waste landfills [ , ] and residual waste
tivities have restored the groundwater quality to             disposal impoundments [ and facilities for the land
levels as close to background as possible, using the          disposal of residual waste ], at least 12 times per year.
most effective feasible technology that is available
at the time of the request for final closure certifica-                         *     *    *     *     *
tion.                                                           (5) For facilities and beneficial use areas subject to
  (3) For facilities that are not permitted as of July        permit by rule under § 287.102 (relating to [ permit-by-
4, 1992, and for facilities permitted after July 4,           rule ] permit by rule), general permit for beneficial use
1992, the groundwater remediation for the facility            or processing, or both, under §§ 287.611, 287.612,
has achieved at least human health and environ-               287.621—287.625, 287.631, 287.632, 287.641—287.644,
mental protection levels.                                     287.651 and 287.652 and beneficial use areas under
                                                              §§ 287.661—287.665, at least once per year.
  (4) For facilities permitted prior to July 4, 1992,
including facility expansions, the groundwater                                  *     *    *     *     *
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4118                                             PROPOSED RULEMAKING

   Subchapter G. DEMONSTRATION FACILITIES                           (g) The Department may issue a general permit
§ 287.501. Scope.                                                 on a regional or Statewide basis for the use, as
                                                                  construction material, of soil and other materials
  This subchapter applies to applications for residual            that do not meet the clean fill criteria.
waste processing or disposal facilities or parts of facilities,
                                                                             BENEFICIAL USE OF COAL ASH
that are based on a new or unique technology for
processing or disposing of residual waste. For purposes of        § 287.661. Use of coal ash as structural fill.
this subchapter, a technology is new or unique if it has                           *     *    *    *    *
not previously been demonstrated in this Commonwealth
or another comparable area. The Department may                      (e) Coal ash used as a structural fill will not be
approve in writing, as a permit modification, the                 considered a beneficial use unless the following require-
demonstration of new or unique technology for the                 ments are met:
processing or disposal of residual waste at permit-                                   *   *    *     *    *
ted residual waste processing or disposal facilities
provided the requirements of this subchapter are                    (3) The slope of a structural fill may not be greater
met.                                                              than 2.5 horizontal to 1.0 vertical. The Department
                                                                  may approve a greater slope based on a demonstra-
§ 287.502. Relationship to other requirements.                    tion of structural stability.
  [ This chapter does not create exceptions to, or                                    *   *    *     *    *
authorize the Department to grant variances from,                   (8) Coal ash may not be placed [ within 4 feet of ] in
other provisions of this article. ]                               contact with the seasonal high water table.
  (a) An operation that is approved under this                      (9) Coal ash may not be placed within 8 feet of the
subchapter is subject to this article.                            [ permanent ] regional groundwater table.
  (b) The Department may waive or modify any                                         *    *    *     *    *
application and operating requirements in this ar-
ticle. The Department will not waive or modify                      (f) Structural fills may not be located:
Subchapter A, §§ 287.124, 287.125 and 287.128,                                       *    *    *     *    *
Subchapter E or Subchapter F.
                                                                    (2) Within 300 feet of a [ groundwater ] water
§ 287.504. Operating requirements.                                source unless the operator obtains a waiver from
   In addition to applicable operating requirements set           the water source’s owner, allowing for another
forth in this article, each person or municipality that           distance.
operates a demonstration facility shall comply with the             [ (3) Within 500 feet upgradient of a surface wa-
following:
                                                                  ter source.
  (1) [ The facility may not exceed 1 acre in size,                 (4) ] (3) ***
unless the applicant demonstrates, and the Depart-
ment finds, that a larger area is needed to ad-                     [ (5) ] (4) ***
equately test the technology. In that case, the ] The
facility may not be larger than the area needed to
                                                                    [ (6) ] (5) ***
adequately test the new or unique technology.                       [ (7) In or within 300 feet of an exceptional value
                   *     *    *     *     *                       wetland.
   (6) If Chapter 288, 289, 291, 293, 295, 297 or 299 is not        (8) Within ] (6) In or within 100 feet of a wetland   [,
clearly applicable to the facility, the permittee shall           other than an exceptional value wetland ].
annually submit to the Department a nonrefundable                 § 287.662. Use of coal ash as a soil substitute or soil
[ annual ] permit administration fee of an amount set               additive.
forth in the approved permit, but not more than $1,800,
in the form of a check payable to the “Commonwealth of                                *   *    *     *    *
Pennsylvania.” The fee will be based on the administra-             [ (f) ] (e) ***
tive costs of the Department under section 104 of the act
(35 P. S. § 6018.104(8)).                                                             *   *    *     *    *
           Subchapter H. BENEFICIAL USE                             CHAPTER 288. RESIDUAL WASTE LANDFILLS
                                                                    Subchapter B. APPLICATION REQUIREMENTS
  GENERAL PERMITS FOR PROCESSING OR
  BENEFICIAL USE, OR BOTH, OF RESIDUAL                                          PHASE I APPLICATION
 WASTE OTHER THAN CERTAIN USES OF COAL                                        REQUIREMENTS—GENERAL
  ASH—AUTHORIZATION AND LIMITATIONS                               § 288.112. Facility plan.
§ 287.611. Authorization for general permit.                        An application to operate a residual waste landfill shall
                   *     *    *     *     *                       contain conceptual drawings and a narrative describing
                                                                  the following:
  (e) The Department will not issue a general permit for
the following:                                                                        *   *    *     *    *
                   *     *    *     *     *                         (2) [ The quantity, quality and availability of ac-
                                                                  ceptable cover material and liner system construc-
  (7) The use of residual waste for construction or               tion material, both on and off the proposed permit
operations at a disposal facility.
                                                                  area ] A detailed description of the volume of soil
                   *     *    *     *     *                       needed to construct and operate the facility.
                                  PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                              PROPOSED RULEMAKING                                                   4119

§ 288.113. Maps and related information.                        (2) The depth to the seasonal high water table
   (a) An application shall contain a topographic map, on     within the proposed permit area and adjacent area
a scale of 1 inch equals no more than 200 feet with           to demonstrate that the seasonal high water table
10-foot maximum contour intervals. The Department may,        will not be in contact with the liner system.
in writing, approve the use of a different horizontal scale     (3) A description of the soils to be used for daily,
[ for facilities larger than 250 acres ]. The application     intermediate and final cover, attenuating soil base
shall include the map and necessary narrative descrip-        and facility construction, including texture, chemi-
tions, which show the following:                              cal description, laboratory particle size analyses
                                                              and quantity. Cross sections of the borrow pits
                   *    *    *    *     *                     within the proposed permit area shall be included.
  [ (c) An application shall also contain a United              [ (b) ] (c) ***
States Department of Agriculture Soil Conservation
Service soil map, or aerial photographs when cur-                                 *   *    *    *     *
rent soils maps are unavailable, for the proposed             § 288.127. Mineral deposits information.
permit area and adjacent area showing the site
boundaries, soil types and the location of test pits                              *   *    *    *     *
or excavations taken under § 288.124. ]                         (b) If the proposed permit area and adjacent area
  PHASE I APPLICATION REQUIREMENTS—SITE                       [ overlies ] overlie recoverable or mineable [ coals ]
                    ANALYSIS                                  mineral deposits, the applicant shall demonstrate that
§ 288.122. Geology and groundwater description.               the applicant owns the [ coal ] mineral deposits and
                                                              shall warrant that the [ coal ] minerals will not be
  (a) An application shall contain a description of the       mined as long as residual waste remains on the site. This
geology and groundwater in the proposed permit area and       requirement does not apply to the expansion of
adjacent area down to and including the lowest aquifer        captive facilities permitted prior to July 4, 1992.
that may be affected by the facility, including the follow-
ing:                                                          § 288.128. Notification of proximity to airport.
                  *    *    *     *    *                        An applicant shall notify the Federal Aviation
                                                              Administration, the Department and the airport if a
  (8) Well head protection areas in accordance with           proposed landfill or lateral expansion, that plans to
§ 109.1 (relating to definitions) that may be im-             receive putrescible waste, is within a 5-mile radius
pacted by the facility.                                       of an airport runway end used by turbojet or
  (9) A groundwater contour map based upon the                piston-type aircraft.
highest groundwater level recorded monthly in                               PHASE II APPLICATION
each boring for the previous year.                                        REQUIREMENTS—GENERAL
                  *    *    *     *    *                      § 288.132. Operation plan.
§ 288.124. Soil description.                                    An application shall contain a description of the re-
  (a) An application for a Class I or Class II landfill       sidual waste landfill operations proposed during the life
shall contain:                                                of the facility within the proposed permit area, including
                                                              the following:
  (1) [ A description of the soils within the pro-
posed permit area and adjacent area down to the                 (1) A narrative describing the type and method of
bedrock, including for each soil horizon, depth,              residual waste landfill procedures, inspection and
matrix color, texture, structure, consistency, degree         monitoring of incoming waste, sequence of landfilling
of mottling, mottling colors and laboratory particle          activity, type of landfilling activity, proposed engineering
size analyses ] The depth to the seasonal high                techniques and the major equipment to be used under
water table within the proposed permit area and               § 288.215 (relating to equipment), using the maps and
adjacent area to demonstrate that the seasonal                grids required by § 288.133 (relating to map and grid
high water table will not be in contact with the              requirements) as a basis for the description.
liner system.                                                                     *   *    *    *     *
  (2) A description of the soils to be used for daily,          [ (3) A narrative describing the type and size of
intermediate and final cover, [ attenuating soil base,        equipment that is proposed to be used at the
liner system ] and facility construction, including [ for     facility, as well as a description of the availability
each onsite and offsite borrow area ] chemical de-            of standby equipment in the event of breakdown or
                                                              maintenance.
scription, texture, laboratory particle size analyses[ , ]
and quantity [ and cross section ]. Cross sections of           (4) A narrative describing a plan for training
the borrow pits within the proposed permit area shall be      facility operators and other personnel concerning
included.                                                     the operation and approved design of the facility.
  (b) An application for a Class III landfill shall             (5) ] (3) ***
contain:                                                        [ (6) ] (4) ***
   (1) A description of the soils within the proposed
permit area and adjacent area down to the bed-                  [ (7) ] (5) ***
rock, including for each soil horizon, depth, matrix                              *   *    *    *     *
color, texture, structure, consistency, degree of mot-
tling, mottling colors and laboratory particle size             [ (8) ] (6) The proposed operating hours of the pro-
analyses.                                                     posed facility. The operating hours include those
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4120                                          PROPOSED RULEMAKING

hours related to construction and other activities            that the applicant is authorized to obtain cover
related to operation of the facility.                         material from the offsite area for the term of the
§ 288.134. Plan for access roads.                             permit. ]
  The application shall contain designs, cross sections                    PHASE II APPLICATION
and specifications for access roads, including load limits,   REQUIREMENTS—WATER QUALITY PROTECTION
under § 288.213 (relating to access roads). Access roads                      AND MONITORING
shall be designed and constructed to adequately               § 288.152. Water quality monitoring plan.
handle the truck traffic expected at the disposal
                                                                (a) An application shall contain a water quality moni-
facility.
                                                              toring plan showing how the operator intends to comply
§ 288.136. Nuisance minimization and control plan.            with §§ 288.251—288.258 (relating to water quality
                                                              monitoring). The plan shall include the following:
  (a) The application shall contain a plan in accordance
with § 288.218 (relating to nuisance minimization and                           *    *     *      *    *
control) to [ prevent ] minimize and control hazards or         (2) For new facilities, pre-operational data showing
nuisances from vectors, odors, noise, dust and other          existing groundwater quality, as required by § 288.123
nuisances not otherwise provided for in the permit appli-     (relating to groundwater quality description), and a proce-
cation. [ The plan shall provide for the routine              dure to establish [ background water ] this ground-
assessment of vector infestation and shall also pro-          water quality. For existing facilities, adequate monitoring
vide for countermeasures. The plan may include a              data as required by § 288.123 to characterize back-
control program involving a contractual arrange-              ground groundwater quality and a procedure to establish
ment for services with an exterminator. ]                     [ background water ] this groundwater quality.
  (b) The plan shall include the following:                     (b) The application shall contain a groundwater sam-
                                                              pling and analysis plan. The plan shall include:
  (1) Provisions for the routine assessment and
control of vector infestation.                                                  *    *    *    *     *
  (2) Methods to minimize and control nuisances                 (4) Procedures and techniques for evaluation of analyti-
from odors, dustfall and noise off the property               cal results to determine if groundwater degradation [ ,
boundary from the facility.                                   exceedances of mandatory abatement trigger levels
  (3) For odors, the determination of normal and              or adverse effects on groundwater have ] has oc-
adverse weather conditions based on site-specific             curred.
meteorological data. Prior to the installation of               [ (5) Proposed mandatory abatement trigger lev-
equipment and collection of meteorological data, a            els for each monitoring well for each contaminant
protocol for the installation and data collection             for which monitoring is required under §§ 288.251—
shall be approved by the Department.                          288.258.
  (c) The plan required in subsection (a) may in-               (i) For facilities other than monofills which are
clude a contractual arrangement for services of an            permitted after July 4, 1992, including the expan-
exterminator or an air quality, noise, dust control           sion of facilities that are operating or permitted on
or other professional.                                        or before July 4, 1992, the proposed mandatory
§ 288.138. Daily volume.                                      abatement trigger level for a contaminant at a
                                                              monitoring point shall be equivalent to the back-
  The application shall contain proposed average              ground levels for the contaminant.
and maximum daily volumes for the facility, and a
detailed justification for these volumes, based on              (ii) For monofills which are permitted after July
§§ 287.126 and 287.127 (relating to requirements for          4, 1992, including the expansion of facilities that
environmental assessment; and environmental as-               are operating or permitted on or before July 4,
sessment).                                                    1992, the proposed mandatory abatement trigger
                                                              level shall be the maximum level of degradation
         PHASE II APPLICATION                                 that will be predicted, through modeling, to exist at
 REQUIREMENTS—COVER AND REVEGETATION                          the monitoring point for that contaminant based on
§ 288.141. Compaction and cover plan.                         the design, construction, and operation of the facil-
                                                              ity. The application shall also include a demonstra-
  An application shall contain a plan for compaction and      tion of the validity and accuracy of the model at
cover at the proposed facility under §§ 288.216 and           the proposed facility. A mandatory abatement trig-
[ 288.231 ] 288.232—288.234 and shall include the fol-        ger level may not exceed a groundwater parameter
lowing information:                                           for a contaminant at a monitoring point, or back-
                                                              ground levels for the contaminant at the property
                  *    *    *     *    *
                                                              boundary. If the background level for a contami-
  (3) The materials and procedures for application of         nant is higher than the groundwater parameter for
daily, intermediate and final cover material, that meet       a contaminant, the proposed mandatory abatement
the standards in §§ 288.232—288.234 (relating to              trigger level shall not exceed the background level
daily cover; intermediate cover and slopes; and               for a contaminant at a monitoring point.
final cover and grading).                                       (iii) For facilities that are operating or permitted
                  *    *    *     *    *                      on or before July 4, 1992, the proposed mandatory
                                                              abatement trigger level for a contaminant at a
  [ (5) If cover material will be obtained from an            monitoring point shall be equivalent to the ground-
offsite area not owned by the applicant, copies of            water parameter for the contaminant, and shall be
contracts or other binding agreements showing                 equivalent to background levels for the contami-
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                             PROPOSED RULEMAKING                                                   4121

nant at the property boundary. If the background                (12) Construction of the landfill gas extraction
level for a contaminant is higher than the ground-            system.
water parameter for the contaminant, the proposed
                                                                                  *   *   *     *    *
mandatory abatement trigger level for these facil-
ities shall be the background level for the contami-                              DAILY OPERATIONS
nant at a monitoring point. ]                                 § 288.211. Signs and markers.
                    *   *   *     *    *                                          *   *   *     *    *
  [ (d) Once an application is determined to be                 (d) A person or municipality that operates a noncaptive
administratively complete under § 287.202 (relating           residual waste landfill shall identify the facility for the
to completeness review), the applicant is not re-             duration of operations by posting and maintaining a sign
quired to amend the application because a ground-             which is clearly visible and can be easily seen and
water parameter has changed due to a change in                read at the junction of each access road and public road.
data from the EPA’s IRIS.                                     The sign shall be constructed of a durable, weather-
  (e) The Department may approve a change in the              resistant material [ and shall be of a minimum size of
groundwater parameter which is based on IRIS for              3 feet by 4 feet with a light background and
a contaminant, if the applicant makes a clear and             contrasting letters and numbers of a minimum
convincing demonstration to the Department that               height of 3 inches that can be easily seen and read.
new studies not yet considered by the EPA in IRIS             The sign shall show the name, business address and
more accurately reflect the human health and envi-            telephone number of the person or municipality
ronmental effects of a contaminant than IRIS. ]               that operates the facility, the operating hours of the
                                                              facility and the number of the current permit
               PHASE II APPLICATION                           authorizing operation of the facility. ]
     REQUIREMENTS—CLOSURE PROVISIONS
                                                              § 288.213. Access roads.
§ 288.182. Closure plan.
  (a) The application shall contain a plan describing the                         *   *   *     *    *
activities that are proposed to occur [ during the              (e) Except for local captive facilities where the Depart-
postclosure period ] toward and after closure to              ment has set forth alternate requirements in the permit,
ensure compliance with this chapter.                          and except for roads not leading to the disposal
                                                              area, the landfill shall maintain a minimum cartway
  (b) The closure plan shall include:                         width of one of the following:
                  *    *    *     *   *                                           *   *   *     *    *
  [ (3) If the facility will close in stages, a descrip-        (f) An access road negotiable by loaded collection ve-
tion of how and when the facility will begin and              hicles shall be provided from the entrance gate of the
implement partial closure.                                    facility to each unloading area[ , ]. An access road shall
  (4) ] (3) ***                                               also be provided to each treatment facility [ or ],
  [ (5) ] (4) A narrative description, including a sched-     impoundment [ located on the site. An access road
ule, of measures that are proposed to be carried out          shall also be provided to ] and groundwater monitor-
toward and after closure at the facility, including mea-      ing [ points ] point. Other monitoring points shall be
sures relating to the following:                              readily accessible.
                    *   *   *     *    *                        [ (g) An access road shall be constructed on a dry
  (vi) Access control, including maintenance of access        and stable area.
control.                                                        (h) Prior to the construction of a road at a
  [ (6) ] (5) ***                                             facility other than a local captive facility, topsoil
                                                              shall be removed and shall meet one of the follow-
  [ (7) ] (6) ***                                             ing conditions:
   Subchapter C. OPERATING REQUIREMENTS                         (1) Be immediately used as final cover.
              GENERAL PROVISIONS                                (2) Be stored on a stable site and protected
§ 288.201. Basic limitations.                                 against erosion and compaction.
                    *   *   *     *    *                        (i) ] (g) ***
  (f) All approved mitigation measures identified in            [ (j) ] (h) ***
the application shall be completed before a facility
may accept waste unless otherwise authorized in                 [ (k) ] (i) ***
writing by the Department for technical reasons.              § 288.214. Measurement and inspection of waste.
§ 288.202. Certification.                                                         *   *   *     *    *
  (a) The operator shall submit a certification by a
                                                                (c) The operator of a noncaptive facility shall
Pennsylvania registered professional engineer on forms
                                                              inspect and monitor incoming waste to insure that
provided by the Department upon completion of each
                                                              the disposal of waste is consistent with this article,
major construction activity identified in the permit for
                                                              unless otherwise required by the Department. The
each phase or sequence of construction at the facility.
                                                              monitoring and inspection shall include screening
Major construction activities include the following:
                                                              of waste for radioactive isotopes and be consistent
                    *   *   *     *    *                      with § 287.134 (relating to waste analysis plan).

                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4122                                          PROPOSED RULEMAKING

§ 288.215. Equipment.                                         destruction, waste acceptance and all other waste
                                                              management practices in reducing the potential for
  [ (a) ] ***                                                 offsite odor creation.
  [ (b) Standby equipment shall be located on the               (3) An operator shall promptly address and cor-
site or at a place where it can be available within           rect problems and deficiencies discovered in the
24 hours. ] If a breakdown of the operator’s equipment        course of inspections performed under paragraph
occurs, the operator shall utilize standby equipment as       (2).
necessary to comply with the act, the environmental           § 288.221. Daily volume
protection acts, this subchapter and permit conditions.
                                                                (a) A person or municipality operating a residual
§ 288.216. Unloading and compaction.                          waste landfill may not receive solid waste at the
  (a) Solid waste shall be spread and compacted in            landfill in excess of the maximum or average daily
                                                              volume approved in the permit.
[ layers not to exceed 2 feet in depth, unless an
alternative depth is approved by the Department as              (b) The average daily volume is a limit on the
part of the permit ] accordance with § 288.141 (re-           volume of solid waste that is permitted to be
lating to compaction and cover plan).                         received at the facility, and shall be computed
                                                              annually by averaging the total volume received
                  *    *    *     *    *                      over the year.
§ 288.217. Air resources protection.                                     COVER AND REVEGETATION
  (a) The operator shall implement fugitive air [ con-        § 288.231. [ Topsoil storage ] (Reserved).
tainment ] contaminant control measures and other-              [ (a) Unless topsoil is not needed for final cover
wise prevent and control air pollution [ under ] in           under § 288.234 (relating to final cover and grad-
accordance with the Air Pollution Control Act (35 P. S.       ing) or is unsuitable for final cover the following
§§ 4001—[ 4014) and Subpart C, ] 4015); Article III           apply:
(relating to air resources) and § 288.218 (relating to          (1) Topsoil shall be removed in a separate layer
nuisance minimization and control). Minimization              prior to preparation of an area for disposal or other
and control measures shall include the following:             surface disturbances.
  [ (b) The operator may ] (1) Ensuring that opera-             (2) If topsoil is less than 12 inches, a 12-inch layer
tion of the facility will not cause or contribute to an       which includes the topsoil and the unconsolidated
exceedance of an ambient air quality standard under           materials immediately below the topsoil shall be
§ 131.3 (relating to ambient air quality standards).          removed, segregated, conserved and replaced as the
                                                              upper layer of final cover.
  [ (c) A person or municipality may not cause or
allow ] (2) Ensuring that no open burning occurs at             (3) If topsoil or other materials removed under
                                                              this subsection are not promptly redistributed as
the facility.
                                                              cover, they shall be stockpiled, temporarily veg-
 (3) Minimizing the generation of fugitive dust               etated and otherwise protected from wind and
emissions from the facility.                                  water erosion, unnecessary compaction and con-
                                                              taminants which lessen the capability of materials
  (b) The operator shall comply with the terms and            to support vegetation when redistributed on the
conditions of an air quality plan approval and air            site.
quality operating permit issued to the facility.
                                                                (b) Topsoil and other material removed under
§ 288.218. Nuisance minimization and control.
                                                              this section may not be removed from the site. ]
  (a) [ The ] Vectors. An operator may not cause or           § 288.232. Daily cover.
allow the attraction, harborage or breeding of vectors.
                                                                               *    *     *   *    *
  (b) [ The ] Other conditions. An operator shall
                                                                (c) The composition of the daily cover material shall
[ also prevent and eliminate ] minimize and control           meet the following performance standards. The daily
other conditions [ not otherwise prohibited by this           cover shall:
subchapter ] that are harmful to the environment or                            *    *     *   *    *
public health, or which create safety hazards, odors, dust,
noise, unsightliness and other public nuisances.                (4) Be   [ noncombustible ] capable of controlling
                                                              fires.
  (c) Odors.
                                                                (5) Be consistent with the waste acceptance plan
  (1) An operator shall implement the plan ap-                for the facility.
proved under § 288.136 (relating to nuisance mini-
mization and control plan) to minimize and control              [ (d) Unless alternative design requirements to
nuisances from odors. If the Department deter-                meet the performance standards in subsection (c)
mines during operation of the facility that the plan          are approved as part of the permit under § 287.231
is inadequate to minimize or control nuisance, the            (relating to equivalency review procedure), daily
Department may modify the plan or require the                 cover shall meet the following design requirements:
operator to modify the plan and obtain Department
approval.                                                       (1) The cover shall fall within the United States
                                                              Department of Agriculture textural classes of sandy
  (2) An operator shall perform regular, frequent             loam, loam, sandy clay loam, silty clay loam, loamy
and comprehensive site inspections to evaluate the            sand and silt loam, as defined in the Soil Survey
effectiveness of cover, capping, gas collection and           Manual published by the United States Department
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                    4123

of Agriculture, Soil Conservation Service (available            (3) The combustible or coal content of the cover
from the Department of the Northeast National                  may not exceed 12% by weight.
Technical Center of the Soil Conservation Service,
160 E. 7th Street, Chester, Pennsylvania 19013-                  (4) The cover may not include rocks that are
6092).                                                         greater than 6 inches in diameter.
  (2) At least 40% by weight of the cover soil shall             (5) The ] If soil or soil-like material is used, the
be capable of passing through a 2 millimeter, No. 10           layer of cover soil shall be at least 12 inches in thickness.
mesh sieve.
                                                                 [ (6) The ] (2) If soil or soil-like material is used,
  (3) The combustible or coal content of the cover             the layer of cover soil shall be [ compacted ] uniformly
may not exceed 12% by weight.                                  graded.
  (4) The cover may not include rock fragments
that are greater than 6 inches in diameter.                     [ (e) A 5-day supply of cover material shall be
                                                               maintained on the site. ]
  (5) The layer of cover soil shall be a minimum of
6 inches in thickness.                                            [ (f) Areas on which ] (e) If intermediate cover [ has
  (6) The layer of cover soil shall be compacted.              been placed, and on which neither waste nor final
                                                               cover is placed ] requires revegetation, the
  (e) ] (d) ***                                                revegetation shall be established within 30 days
§ 288.233. Intermediate cover and slopes.                      [ thereafter, shall be temporarily revegetated and
                   *   *     *    *      *                     otherwise protected against erosion and sedimenta-
                                                               tion under § 288.236, and other applicable require-
  (b) The Department may waive the intermediate cover          ments ].
requirements of this section if the operator demonstrates
that the composition of solid waste disposed at the facility      [ (g) Intermediate slopes ] (f) Slopes constructed
prevents vectors, odors, blowing litter, erosion and other     during daily landfilling and intermediate cover activi-
nuisances, is noncombustible, allows loaded vehicles to        ties may not exceed 50%. [ Intermediate slopes shall
successfully maneuver over it after placement without          be covered, compacted with 1 foot of intermediate
change in its properties and without regard to weather,
and is capable of supporting the germination and propa-        cover material and revegetated to control erosion. ]
gation of vegetative cover as required by §§ 288.236 and       § 288.234. Final cover and grading.
288.237 (relating to revegetation; and standards for suc-
cessful revegetation).                                           (a) Except as provided in subsection (b), the operator
                                                               shall provide final cover in the following manner:
  (c) The composition of the intermediate cover material
shall meet the following performance standards. The              (1) A cap [ consisting of a uniform and compacted
intermediate cover shall:                                      2-foot layer of clay ] shall be placed and graded over
                   *   *     *    *      *                     the entire surface of each final lift. [ The Department
                                                               may approve, in the permit, synthetic material of
  (4) Be [ noncombustible ] capable of controlling
                                                               the type and specifications set forth for primary
fires.                                                         liners in § 288.436 (relating to primary liner) and
  (5) Be consistent with the waste acceptance plan             for caps in Appendix A, Table II (relating to mini-
for the facility.                                              mum liner design standards) in lieu of the 2-foot
  [ Be capable of supporting ] (6) Support the germi-          layer of clay. ] The cap may be no more permeable than
nation and propagation of vegetative cover as required by      1.0 x 10-7 cm/sec. The following performance stan-
§§ 288.236 and 288.237 unless vegetative cover is not          dards for the cap shall be met:
necessary to control infiltration of precipitation               (i) The cap shall limit the migration of precipita-
and erosion and sedimentation.                                 tion into the landfill to the greatest degree that is
  (7) Control infiltration of precipitation and ero-           technologically possible.
sion and sedimentation.                                          (ii) The cap shall be resistant to physical and
  (d) Unless alternative design requirements to meet the       chemical failure.
performance standards in subsection (c) are approved as          (iii) The cap shall cover all areas where waste is
part of the permit under § 287.231 (relating to equiva-        disposed.
lency review procedure), intermediate cover shall meet
the following design requirements:                                                  *   *   *     *     *
  (1) [ The cover soil shall fall within the United              (b) The Department may waive [ or modify ] the cap
States Department of Agriculture Textural Classes              and drainage layer requirements of subsection (a)(1) and
of sandy loam, loam, sandy clay loam, silty clay               (2) based on a demonstration that it is not necessary to
loam, loamy sand and silt loam as defined in the               limit infiltration into the waste.
Soil Survey Manual published by the United States
Department of Agriculture, Soil Conservation Ser-                (c) Unless alternative design requirements to
vice (available from the Department or the North-              meet the performance standards in subsection
east National Technical Center of the Soil Conser-             (a)(1) are approved as part of the permit under
vation Service, 160 E. 7th Street, Chester,                    § 287.231 (relating to equivalency review proce-
Pennsylvania 19013-6092).                                      dure), the cap shall meet the design requirements
                                                               set forth for caps in Appendix A, Table II (relating
  (2) At least 40 by weight of the cover soil shall be         to liner design standards).
capable of passing through a 2 millimeter, No. 10
mesh sieve.                                                      [ (c) ](d) * * *
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4124                                           PROPOSED RULEMAKING

  [ (d) ] (e) The layer of material described in subsection       [ (e) Wells drilled under this section shall be
(a)(3) shall meet the following performance standards.          drilled by drillers licensed under the Water Well
The layer shall:                                                Drillers License Act (32 P. S. §§ 645.1—645.13).
                  *     *    *    *     *                         (f) ] (e) * * *
  (4) Be   [ noncombustible ] Capable of controlling            § 288.253. Standards for wells and casing of wells.
fires.                                                            (a) A monitoring well shall be cased as follows:
                      *   *   *     *    *                                       *    *     *     *    *
  (8) Be consistent with the waste acceptance plan.              (3) The well shall be constructed with a screen that
 [ (e) ] (f) Unless alternative design requirements to          meets the following requirements:
meet the performance standards in subsection [ (d) ] (e)                          *    *    *    * *
are approved as part of the permit under § 287.231
(relating to equivalency review procedure) the layer of           [ (iv) The slot openings, design and screen diam-
material described in subsection (a)(3) shall meet the          eter shall allow for effective well development. ]
following design requirements:                                                    *    *    *    *    *
                  *    *   *    *    *                            (5) The casing shall be clearly visible and protrude
 (3) [ The combustible or coal content of the cover             at least 1 foot aboveground, unless the Department has
may not exceed 12% by weight.                                   approved flush mount wells.
                                                                                    *   *   *     *    *
  (4) ] The cover may not include rocks that are greater
than 6 inches in diameter.                                        (7) [ If plastic casing is used, it shall be threaded
                  *   *    *    *    *                          to preclude potential sample contamination from
                                                                solvent welded joints, unless otherwise provided by
  [ (5) ] (4) * * *                                             the Department in the permit ] The casing shall be
  [ (f) ] (g) * * *                                             designed and constructed to prevent cross contami-
                                                                nation between surface water and groundwater.
                      *   *   *     *    *
                                                                  (b) Monitoring well casings shall be enclosed in a
  [ (g) ] (h) Unless the Department authorizes a differ-        protective casing that meets the following requirements.
ent slope design in the permit based on a demonstration         The well casing shall:
that the different design can meet the requirements of                            *    *    *    *     *
subsection [ (f) ] (g), slopes shall be designed, installed
and maintained as follows:                                        (5) Protrude [ at least 1 inch higher ] above   [ grade
                                                                than ] the monitoring well casing.
                   *    *     *    *    *
           WATER QUALITY PROTECTION                                            *   *    *    *  *
§ 288.245. Water supply replacement.                            § 288.256. Groundwater assessment plan.
  (a) A person or municipality operating a residual waste         (a) Submittals of plans shall be as follows:
landfill which adversely affects a water supply by degra-         [ (1) ] A person or municipality operating a residual
dation, pollution, or other means shall restore the             waste landfill shall prepare and submit to the Depart-
affected supply at no additional cost to the owner or           ment a groundwater assessment plan within [ 30 ] 60
replace the affected water supply with an alternate
                                                                days after one of the following occurs:
source that is of like quantity and quality to the original
supply at no additional cost to the owner.                        [ (i) ] (1) * * *
                   *    *     *    *    *                         [ (ii) ] (2) Laboratory [ analyses ] analysis is of one
  (d) Permanent water supplies include develo-                  or more public or private water supplies indicates ground-
[ment of a new well with distribution system, inter-            water degradation that could reasonably be attributed to
connection with a public water supply or extension              the facility.
of a private water supply, but do not include
provision of bottled water or a water tank supplied               [ (2) For residual waste landfills permitted under
by a bulk water hauling system, which are tempo-                the act or operating on July 4, 1992, and for which
rary water supplies.                                            data triggering the submission of a plan under this
                                                                section exist on July 4, 1992, the plan shall be
           WATER QUALITY MONITORING                             submitted to the Department by January 4, 1993. ]
§ 288.252. Number, location and depth of monitor-                                   *   *   *     *    *
  ing points.
                                                                  (c) The groundwater assessment plan shall specify the
                      *   *   *     *    *                      manner in which the operator will determine the exist-
  (b) The upgradient and downgradient monitoring wells          ence, quality, quantity, areal extent and depth of ground-
shall be:                                                       water degradation and the rate and direction of migration
                                                                of contaminants in the groundwater. A groundwater as-
                      *   *   *     *    *
                                                                sessment plan shall be prepared by an expert in the field
  (3) Located within 200 feet of the permitted disposal         of hydrogeology. The plan shall contain the following
area, except as necessary to comply with subsection (c),        information:
and located at the points of compliance.
                                                                 (1) The number, location, size, casing type and depth of
                      *   *   *     *    *                      wells, lysimeters, borings, pits, piezometers and other
                                  PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                           PROPOSED RULEMAKING                                                4125

assessment structures or devices to be used. If the         abatement standard at a point of compliance de-
operator establishes compliance points as part of           scribed in subsection (c), the operator resamples the
the assessment, the points shall be wells con-              affected wells.
structed in accordance with §§ 288.252 and 288.253
                                                              (ii) Analysis from resampling shows to the Depart-
(relating to number, location and depth of monitor-
ing points; and standards for wells and casing of           ment’s satisfaction that [ the mandatory abatement
wells).                                                     trigger levels described in this paragraph have not
                                                            been exceeded ] an exceedance of an abatement
                *    *    *   *   *
                                                            standard has not occurred.
 (5) Identification of the abatement standard that
will be met.                                                  [ (b) In addition to subsection (a), the Depart-
                                                            ment may require the operator of a residual waste
                *    *    *     *    *                      landfill to prepare and submit to the Department
§ 288.257. Abatement plan.                                  an abatement plan whenever one of the following
                                                            occurs:
  (a) The operator of a residual waste landfill shall
prepare and submit to the Department an abatement             (1) The groundwater assessment plan prepared
plan whenever one of the following occurs:                  and implemented under § 288.256 confirms the
                                                            presence of groundwater degradation at one or
  (1) The groundwater assessment plan prepared and
implemented under § 288.256 (relating to groundwater        more monitoring points.
assessment plan) shows the presence of groundwater            (2) Monitoring by the Department or the operator
degradation for one or more contaminants at one or more     shows the presence of groundwater degradation
monitoring points [ that exceeds the mandatory              from one or more monitoring points, even if a
abatement trigger levels established by the Depart-         groundwater assessment plan has not been com-
ment in the permit for the contaminant at the               pleted.
monitoring point. If mandatory abatement trigger              (3) The Department has reason to believe that the
levels have not yet been established for the facility,      operator is responsible for groundwater degrada-
the operator shall prepare and submit the abate-            tion.
ment plan when the groundwater assessment plan
shows either of the following:                                (c) ] (b) * * *
  (i) The presence of groundwater degradation for             (c) If abatement is required in accordance with
one or more contaminants at one or more monitor-            subsection (a), the operator shall demonstrate com-
ing points that exceeds the groundwater parameter           pliance with one or more of the following standards
for those contaminants or, if background water              at the identified compliance points:
quality exceeds the groundwater parameter degra-
dation that exceeds background for those contami-             (1) For constituents for which Statewide health
nants.                                                      standards exist, the Statewide health standard for
                                                            that constituent at and beyond 150 meters of the
  (ii) Groundwater degradation at the property              perimeter of the permitted disposal area or at and
boundary ] and the analysis under § 288.256(c) indi-        beyond the property boundary, whichever is closer.
cates that an abatement standard under subsection
(c) will not be met.                                          (2) The background standard for constituents at
                                                            and beyond 150 meters of the perimeter of the
   (2) Monitoring by the Department or operator shows       permitted disposal area or at and beyond the prop-
the presence of [ groundwater degradation ] an              erty boundary, whichever is closer.
abatement standard exceedance from one or more                (3) For constituents for which no primary MCLs
[ monitoring ] compliance points [ at a level that          under the Federal and State Safe Drinking Water
exceeds the mandatory abatement trigger level for           Acts (42 U.S.C.A. §§ 300f—300j-18; and 35 P. S.
the contaminant at the monitoring point ] as indi-          §§ 721.1—721.17) exist, the risk-based standard at
cated in subsection (c) even if a groundwater assess-       and beyond 150 meters of the perimeter of the
ment plan has not been completed. [ If mandatory            permitted disposal area or at and beyond the prop-
abatement trigger levels have not yet been estab-           erty boundary, whichever is closer, if the following
lished by the Department in the permit for the              conditions are met:
facility, the mandatory abatement trigger level               (i) The risk assessment used to establish the stan-
shall be groundwater degradation for one or more            dard assumes that human receptors exist at he
contaminants at one or more monitoring points               property boundary.
that exceeds the groundwater parameter for those
contaminants or groundwater degradation at the                (ii) The level is derived in a manner consistent
property boundary, based on monitoring by the               with Department guidelines for assessing the
Department or operator. If the background level for         health risks of environmental pollution.
a contaminant is higher than the groundwater
parameter for the contaminant, the mandatory                  (iii) The level is based on scientifically valid stud-
abatement trigger level shall be the background             ies conducted in accordance with 40 CFR Part 792
                                                            (relating to good laboratory practice standards)
level for the contaminant at the monitoring point. ]        promulgated under the Toxic Substances Control
The operator is not required to implement an abatement      Act (15 U.S.C.A. §§ 2601—2692) or other scientifi-
plan under this paragraph if the following apply:           cally valid studies approved by the Department.
  (i) Within 10 days after receipt of sample results          (iv) For carcinogens, the level represents a con-
showing an exceedance of [ the mandatory abatement          centration associated with an excess lifetime can-
trigger levels described in this paragraph ] an             cer risk level of 1 × 10-5 at the property boundary.
                              PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4126                                           PROPOSED RULEMAKING

  (d) For measuring compliance with secondary                               EMERGENCY PROCEDURES
contaminants under subsection (c), paragraph (1)                § 288.271. Hazard prevention.
or (3), the Department may approve a compliance
point beyond 150 meters on land owned by the                      [ (a) ] A residual waste landfill shall be designed,
owner of the disposal area.                                     constructed, maintained and operated to prevent and
                                                                minimize the potential for fire, explosion or release of
  [ (d) ] (e) * * *                                             solid waste constituents to the air, water or soil of this
  [ (e) The Department will consider the following              Commonwealth that could threaten public health or
factors in its review of the abatement plan:                    safety, public welfare or the environment.
  (1) Whether the operator can restore the ground-                [ (b) First aid facilities shall be available and job
water quality to background levels.                             safety shall be practiced. ]
  (2) Whether the operator has demonstrated that                § 288.272. Emergency equipment.
it is technologically impossible or infeasible to
restore the groundwater quality to background                      (a) Except as provided in subsection (b), the operator
levels.                                                         shall have available, in proper working condition, the
                                                                following equipment at the immediate operating area of
  (3) Whether the use of the chosen feasible tech-              the facility:
nology will achieve remediation as close to back-
ground levels as possible.                                                         *    *    *    *     *
  (4) Whether the groundwater remediation for                     (3) Portable fire extinguishers, fire control equipment,
unpermitted facilities existing prior to the effective          spill control equipment, self contained breathing appara-
date of these regulations and for facilities permit-            tus and decontamination equipment. For fire control
ted after the effective date of these regulations,              equipment requiring water, the facility shall have a
including facility expansions, will achieve at least            water supply of adequate quantity and pressure to
human health and environmental protection levels.               supply the equipment.
  (5) Whether the groundwater remediation for                                      *    *    *    *     *
facilities permitted prior to the effective date of                      RECORDKEEPING AND REPORTING
these regulations will achieve levels that are at               § 288.283. Annual operation report.
least equivalent to the groundwater parameters.
                                                                                 *     *    *    *     *
  (6) Whether the methods or techniques proposed
will cause more environmental harm than the con-                  (b) The annual operation report, which shall be submit-
taminants.                                                      ted on a form supplied by the Department, shall include
  (f) For facilities permitted prior to July 4, 1992,           the following:
the Department may approve a change in the                        (1) The weight or volume of each type of solid waste
groundwater parameter which is based on IRIS for                received. For noncaptive facilities, the report shall
a contaminant if the operator makes a clear and                 include the average daily volume totals computed
convincing demonstration to the Department that                 in accordance with § 288.221 (relating to daily vol-
new studies not yet considered by the EPA in IRIS               ume).
more accurately reflect the human health and envi-
                                                                                 *     *    *    *     *
ronmental effects of a contaminant than IRIS.
                                                                  (c) The annual operation report shall be accompanied
  (g) ] (f) * * *                                               by a nonrefundable annual permit administration fee of
  [ (h) ] (g) * * *                                             [ $2,500 ] $4,600 in the form of a check payable to the
                                                                “Commonwealth of Pennsylvania.”
  [ (i) ] (h) * * *
                                                                                 *     *    *    *     *
                    *   *  *   *   *
                    MINERALS AND GAS                                          CLOSURE PROVISIONS
§ 288.261. Mineral resources.                                   § 288.292. Closure.

   (a) The operator shall isolate coal seams [ and ], coal                       *     *    *    *     *
outcrops and coal refuse from combustible waste depos-            (b) At least 180 days before implementation of a
its [ by barriers of natural and compacted soil that            closure [ or partial closure ] plan, the operator shall
are at least 25 feet in thickness ] to prevent the              review its approved closure plan to determine whether
combustion of the waste and that prevents damage                the plan requires modification, and shall submit proposed
to the liner system.                                            changes to the Department for approval under § 287.222
                                                                (relating to permit modification).
                *    *   *   *    *
                                                                  (c) If groundwater degradation exists at closure
§ 288.262. Gas control and monitoring.                          or occurs after closure, a person shall meet one of
                 *   *     *   *   *                            the following:
  (e) Combustible gas levels may not equal or exceed:            (1) Continue to implement an approved abate-
                 *   *   *    *    *                            ment plan.
  [ (3) Twenty-five percent of the lower explosive                (2) Submit an application for a closure plan
limit in any adjacent area, including buildings or              modification in accordance with the procedures for
structures on the adjacent area. ]                              a major permit modificaiton. The operator shall
                                                                select one or more remediation standards that will
                      *   *   *     *    *                      be met in accordance with the final closure certifi-
                                  PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                              PROPOSED RULEMAKING                                                  4127

cation requirements in § 287.342 (relating to final           to the effective date of adoption of this proposal),
closure certification). The Department will accept            or for an expansion of a residual waste landfill that
the operator’s selection of remediation standards if          was permitted prior to                    (Editor’s Note:
the requirements of subsection (d) are met.                   The blank refers to the effective date of final
  (d) An application for a closure plan modification          adoption of this proposal), or for a captive residual
shall include the following:                                  waste landfill within 300 feet measured horizontally
                                                              from an occupied dwelling, unless the owner thereof has
  (1) Technical information and supporting docu-              provided a written waiver consenting to the facility being
mentation identifying the remediation activities              closer than 300 feet. [ Except for facilities permitted
that will be conducted to meet and maintain the
                                                              prior to July 4, 1992, the ] The disposal area of a
remediation standards.
                                                              residual waste landfill may not be within 500 feet
  (2) If a remedy relies on access to or use of               measured horizontally from an occupied dwelling, unless
properties owned by third parties, for remediation            the owner thereof has provided a written waiver consent-
or monitoring, documentation of cooperation or                ing to the disposal area being closer than 500 feet. A
agreement.                                                    waiver shall be knowingly made and separate from a
  Subchapter D. ADDITIONAL REQUIREMENTS                       lease or deed unless the lease or deed contains an explicit
  FOR CLASS I RESIDUAL WASTE LANDFILLS                        waiver from the owner.
  ADDITIONAL APPLICATION REQUIREMENTS                           (ii) For a residual waste landfill, except for a
§ 288.412. Liner system and leachate control plan.            captive residual waste landfill, permit issued on or
                                                              after            (Editor’s Note: The blank refers to
                    *   *     *    *    *                     the effective date of adoption of this proposal),
   (c) The application shall demonstrate that leachate will   within 300 yards measured horizontally from an
not adversely affect the physical or chemical characteris-    occupied dwelling, unless the owner of the dwelling
tics of the proposed liner system, or inhibit the liner’s     has provided a written waiver consenting to the
ability to restrict the flow of solid waste, solid waste      facility being closer than 300 yards. A waiver shall
constituents or leachate, based on [ the most recent          be knowingly made and separate from a lease or
edition of EPA Method 9090, (Compatibility Test for           deed unless the lease or deed contains an explicit
Wastes and Membrane Liners), or other docu-                   waiver from the owner.
mented data. The most recent edition of EPA                                    *    *    *   *    *
Method 9090 can be obtained from the Department
or from the National Technical Information Service              (10) [ Within 25 feet of a coal seam, coal outcrop
(NTIS), United States Department of Commerce,                 or coal refuse, unless the applicant demonstrates
Springfield, VA 22161 ] EPA or ASTM guidelines                that the waste is noncombustible.
approved by the Department.                                     (11) ] * * *
   (d) The application shall include a complete description                     *    *    *     *    *
of the physical, chemical, mechanical and thermal proper-
ties for the proposed primary and secondary liners, based       [ (12) ] (11) If the facility receives or proposes to
on ASTM methods when appropriate. Except to the extent        receive putrescible waste the following apply:
that the Department waives in writing one or more of the        (i) Within 10,000 feet—or 3,048 meters—of an airport
following for nonsynthetic secondary liners, these proper-    runway [ that is or will be end ] used by [ turbine-
ties [ shall ] include:                                       powered ] turbojet aircraft during the life of disposal
                *   *    *    *   *                           operations under the permit unless the operator can
  (19) The percentage of recycled material.                   demonstrate that he landfill is designed and oper-
                                                              ated so that the landfill does not pose a bird hazard
              ADDITIONAL OPERATING                            to aircraft.
             REQUIREMENTS—GENERAL
                                                                (ii) Within 5,000 feet—or 1,524 meters—of an airport
§ 288.422. Areas where Class I residual waste land-           runway [ that is or will be end ] used by piston-type
  fills are prohibited.                                       aircraft during the life of disposal operations under the
  (a) Except for areas that were permitted prior to July      permit unless the operator can demonstrate that the
4, 1992, Class I residual waste landfills may not be          landfill is designed and operated so that the landfill
operated as follows:                                          does not pose a bird hazard to aircraft.
                  *    *    *     *    *                        (iii) For purposes of this subsection:
  (4) In [ coal bearing ] areas underlain by recoverable        (A) “Airport” means a public-use airport open to
or mineable [ coals ] minerals unless the operator of the     the public without prior permission and without
                                                              restrictions within the physical capacities of avail-
facility demonstrates and the Department finds, in writ-
                                                              able facilities.
ing, that the operator owns the underlying [ coal ]
minerals. This requirement does not apply to the                (B) “Bird hazard” means an increase in the likeli-
expansion of captive facilities permitted prior to            hood of bird/aircraft collisions that may cause dam-
July 4, 1992.                                                 age to the aircraft or injury to its occupants.
                  *    *    *     *    *                        (12) If a school, park or playground is nearby, the
                                                              following apply:
  (7) [ Within ] If occupied dwellings are nearby,
the following apply:                                            (i) Except for an expansion of a noncaptive re-
                                                              sidual waste landfill permit issued prior to
  (i) For a residual waste landfill permit issued             (Editor’s Note: The blank refers to the effective date
prior to           (Editor’s Note: The blank refers           of adoption of this proposal), for a noncaptive
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4128                                          PROPOSED RULEMAKING

residual waste landfill permit issued on or after                (b) Unless alternative design requirements to meet the
           (Editor’s Note: The blank refers to the            performance standards in subsection (a) are approved as
effective date of adoption of this proposal), within          part of the permit under § 287.231 (relating to equiva-
300 yards of the following:                                   lency review procedure), the subbase shall meet the
  (A) A building which is owned by a school district          following design requirements. The subbase shall:
or school and used for instructional purposes.                                    *    *   *    *     *
  (B) A park.                                                   (2) [ Have a minimum bearing capacity of 4,500
  (C) A playground.                                           pounds per square foot plus the total applied load
  (ii) The current property owner of a school build-          in pounds per square foot.
ing, park or playground may waive the 300-yard                 (3) ] Have a postsettlement slope of at least 2% and no
prohibition by signing a written waiver. Upon re-             more than [ 25% ] 33%.
ceipt of the waiver, the Department will waive the
300-yard prohibition and will not use the prohibi-            § 288.434. Secondary liner.
tion as the basis for the denial of a new permit.
                                                                                  *    *   *    *     *
                 *    *    *   *     *
                                                                 (b) Alternative design requirements. Unless alternative
§ 288.423. Minimum requirements for acceptable                design requirements to meet the performance standards
  waste.                                                      in subsection (a) are approved as part of the permit under
  (a) A person or municipality may not dispose of re-         § 287.231 (relating to equivalency review procedure), the
sidual waste at a Class I residual waste landfill unless      secondary liner shall meet, at the minimum, the re-
the waste meets the following criteria:                       quirements of Appendix A, Table I (relating to minimum
                                                              liner design standards).
                 *     *    *     *     *
                                                                                  *    *   *    *     *
  (6) The physical characteristics of this waste will
not cause or contribute to structural instability or          § 288.435. Leachate detection zone.
other operating problems at the site.                                             *    *   *    *     *
                 *     *    *     *     *
                                                                 (b) Unless alternative design requirements to meet the
             ADDITIONAL OPERATING                             performance standards in subsection (a) are approved as
         REQUIREMENTS—LINER SYSTEM                            part of the permit under § 287.231 (relating to equiva-
§ 288.432. General limitations.                               lency review procedure), the leachate detection zone of a
                                                              liner system shall meet the following design require-
  (a) [ At least 4 feet shall be maintained between           ments:
the top ] The bottom of the subbase of the liner system
                                                                                  *    *   *    *     *
[ and ] cannot be in contact with the seasonal high
water table or perched water table without the use of           (5) The piping system shall also meet the following
groundwater pumping systems.                                  requirements:
                  *    *    *     *    *                                          *    *   *    *     *
   (2) Drainage systems may be utilized to [ maintain a         (ii) [ The distance between pipes in the piping
4-foot isolation distance ] prevent contact between           system may not exceed 100 feet on center.
the [ top ] bottom of the subbase of the liner system and       (iii) ] * * *
the seasonal high water table or perched water table. The
operator may not use a drainage system if the system is         [ (iv) ] (iii) * * *
likely to adversely affect the quality or quantity of water
provided by a public or private water supply, even if a         [ (v) ] (iv) * * *
replacement supply is available under § 288.245 (relating                         *    *   *    *     *
to water supply replacement). The drainage system shall
be limited to drain tile, piping, french drains or equiva-      (f) If sampling results indicate the presence of constitu-
lent methods.                                                 ents at concentrations that could result in [ exceedance
                                                              of mandatory abatement trigger levels for the facil-
  (b) For unconfined aquifers, at least 8 feet shall be
                                                              ity ] groundwater degradation at a monitoring well,
maintained between the [ top ] bottom of the subbase of
                                                              the operator shall:
the liner system and the regional groundwater table. The
regional groundwater table may not be artificially low-         (1) Submit to the Department a remedial plan for
ered.                                                         controlling the source of leachate in the leachate detection
                                                              zone and correcting a malfunction or defect in the
  (c) For confined aquifers, at least 8 feet shall be         liner system, and implement the plan upon Department
maintained between the [ top ] bottom of the subbase of       approval.
the liner system and the top of the confining layer or the
shallowest level below the bottom of the subbase where                            *    *   *    *     *
groundwater occurs as a result of leakage from natural or     § 288.436. Primary liner.
other preexisting causes. The integrity of the confining
layer shall not be compromised by excavation.                                     *    *   *    *     *
                  *    *    *     *    *                        (b) Alternative design standards. Unless alternative
§ 288.433. Subbase.                                           design standards to meet the performance standards in
                                                              subsection (a) are approved as part of the permit under
                  *    *    *     *    *                      § 287.231 (relating to equivalency review procedure), the
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                             PROPOSED RULEMAKING                                                   4129

primary liner shall meet, at the minimum, the require-        § 288.456. Leachate analysis and sludge handling.
ments of Appendix A, Table I (relating to minimum liner          (a) Upon commencement of leachate flow from the
design standards).                                            facility, the operator shall sample, analyze and maintain
                 *     *    *     *    *                      a record of the following:
§ 288.438. Leachate collection system within pro-                                *     *    *    *    *
  tective cover.                                                 (2) On a quarterly basis, unless otherwise specified in
                                                              the permit, the chemical composition of leachate flowing
  (a) The leachate collection system within the protective    into the leachate treatment system. The analysis shall be
cover shall meet the following performance standards.         sufficient to determine the impact of leachate on the liner
The leachate collection system shall:                         system, the effectiveness of the leachate treatment sys-
                 *     *    *     *    *                      tem, the need for modification of the groundwater moni-
                                                              toring system or the effluent limitations in an NPDES
                                                              permit, and the actual characteristics of leachate from the
  (2) Ensure that the depth of leachate on or above the       waste disposed at the facility. For the purpose of this
primary liner does not exceed 1 foot, unless a greater        analysis, the leachate sample shall be collected from the
depth is approved by the Department in the permit             influent storage tank or impoundment and shall be
for sump areas or for a 25-year, 24-hour precipita-           representative of the average mixed influent leachate
tion event where the 1 foot of head will be ex-               quality. The Department may modify the frequency
ceeded for less than 3 days.                                  of chemical analysis or not require certain constitu-
                                                              ents to be tested following four consecutive quar-
                 *     *    *     *    *                      ters of analysis if the operator demonstrates that
          ADDITIONAL OPERATING                                modifying the frequency of chemical analysis will
    REQUIREMENTS—LEACHATE TREATMENT                           not compromise groundwater protection.
                                                                                 *     *    *    *    *
§ 288.454. Leachate recirculation.
                                                              Subchapter E. ADDITIONAL REQUIREMENTS FOR
  (a) * * *                                                          CLASS II RESIDUAL WASTE LANDFILLS
                                                                  ADDITIONAL APPLICATION REQUIREMENTS
                 *     *    *     *    *
                                                              § 288.512. Liner system and leachate control plan.
 (b) An alternative leachate recirculation method
may be used if approved by the Department.                                       *     *    *    *    *
                                                                 (c) The application shall demonstrate that leachate will
§ 288.455. Leachate collection and storage.                   not adversely affect the physical or chemical characteris-
                 *     *    *     *    *                      tics of the proposed liner system, or inhibit the liner’s
                                                              ability to restrict the flow of solid waste, solid waste
   (b) An onsite leachate storage system shall be part of     constituents or leachate based on [ the most recent
each leachate treatment method used by the operator.          edition of EPA Method 9090, (Compatibility Test for
The storage system shall contain impoundments or tanks        Wastes and Membrane Liners) or other documented
for storage of leachate. [ The ] for noncaptive facil-        data. The most recent edition of EPA Method 9090
ities, the tanks or impoundments shall have a storage         can be obtained from the Department or from the
capacity at least equal to the maximum expected produc-       National Technical Information Service (NTIS),
tion of leachate for a 30-day period for the life of the      United States Department of Commerce, Spring-
facility estimated under § 288.413 (relating to leachate      field, VA 22161 ] EPA or ASTM guidelines approved
treatment plan). For captive facilities, the tank or          by the Department.
impoundment shall have sufficient storage capacity
to ensure proper operation of the treatment facility                             *     *    *    *    *
in accordance with the approved leachate treat-                  (19) The percentage of recycled material.
ment plan, shall meet the performance standard in
                                                                             ADDITIONAL OPERATING
§ 288.438(a)(2) (relating to leachate collection sys-
                                                                            REQUIREMENTS—GENERAL
tem within protective cover) and shall comply with
The Clean Streams Law. No more than 25% of the total          § 288.522. Areas where Class II residual waste land-
leachate storage capacity may be used for flow equaliza-        fills are prohibited.
tion on a regular basis.                                        (a) Except for areas that were permitted prior to July
                 *     *    *     *    *                      4, 1992, Class II residual waste landfills may not be
                                                              operated as follows:
  (d) The storage capacity of impoundments and tanks at                         *    *    *     *    *
a site shall be increased, if additional storage is
required, prior to each major phase of construction and         (4) In [ coal bearing ] areas underlain by recoverable
as otherwise necessary.                                       or mineable [ coals ] minerals, unless the operator of
                                                              the facility demonstrates and the Department finds, in
                 *     *    *     *    *
                                                              writing, that the operator owns the underlying [ coal ]
  (g) All underground pipes used for the transport            minerals. This requirement does not apply to the
of leachate from the liner system to the leachate             expansion of captive facilities permitted prior to
storage impoundments or tanks shall be equipped               July 4, 1992.
with secondary containment. The secondary con-                                  *    *    *     *    *
tainment shall be designed, constructed and in-
stalled to direct any release to an area that can be            (7) [ Within ] If occupied dwellings are nearby,
inspected for leaks.                                          the following apply:
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4130                                           PROPOSED RULEMAKING

  (i) For a residual waste landifll permit issued               of adoption of this proposal.), for a noncaptive
prior to              (Editor’s Note: The blank refers          residual waste landfill permit issued on or after
to the effective date of adoption of this proposal.),                  (Editor’s Note: The blank refers to the effec-
or for an expansion of a residual waste landfill that           tive date of adoption of this proposal.), within 300
was permitted prior to                    (Editor’s Note:       yards of the following:
The blank refers to the effective date of publication             (A) A building which is owned by a school district
of this proposal.), or for a captive residual waste             or school and used for instructional purposes.
landfill within 300 feet measured horizontally from an
occupied dwelling, unless the owner thereof has provided          (B) A park.
a written waiver consenting to the facility being closer          (C) A playground.
than 300 feet. [ Except for facilities permitted prior            (ii) The current property owner of a school build-
to July 4, 1992, the ] The disposal area of a residual          ing, park or playground may waive the 300-yard
waste landfill may not be within 500 feet measured              prohibition by signing a written waiver. Upon re-
horizontally from an occupied dwelling, unless the owner        ceipt of the waiver, the Department will waive the
thereof has provided a written waiver consenting to the         300-yard prohibition and will not use the prohibi-
disposal area being closer than 500 feet. A waiver shall be     tion as the basis for the denial of a new permit.
knowingly made and separate from a lease or deed unless                            *   *    *     *     *
the lease or deed contains an explicit waiver from the
                                                                § 288.523. Minimum requirements for acceptable
owner.
                                                                  waste.
  (ii) For a residual waste landfill, except for a                (a) A person or municipality may not dispose of re-
captive residual waste landfill permit issued on or             sidual waste at a Class II residual waste landfill unless
after        (Editor’s Note: The blank refers to the            the waste meets the following criteria:
effective date of adoption of this proposal.), within
300 yards measured horizontally from an occupied                  (1) The residual waste may not be of a type from which
dwelling, unless the owner of the dwelling has                  the maximum concentration obtained for a contaminant,
provided a written waiver consenting to the facility            based on a chemical analysis of its leachate submitted
being closer than 300 yards. A waiver shall be                  under § 287.132 (relating to chemical analysis of waste),
knowingly made and separate from a lease or deed                and approved by the Department, exceeds 50 times the
unless the lease or deed contains an explicit waiver            [ groundwater parameter ] waste classification
from the owner.                                                 standard for that contaminant. If analytical quantitation
                      *   *   *     *    *                      limits prevent determination of the acceptability of a
                                                                residual waste under this paragraph, the Department
  (10) [ Within 25 feet of a coal seam, coal outcrop            may consider the total analysis of the waste as well as
or coal refuse, unless the applicant demonstrates               the physical and chemical characteristics of the contami-
that the waste is noncombustible.                               nant in making a determination of acceptability of the
                                                                waste at the facility.
  (11) ] (10) * * *
                                                                   (2) Notwithstanding the limitation in paragraph (1),
  [ (12) ] (11) If the facility receives or proposes to         the Department may authorize the disposal of residual
receive putrescible waste as follows:                           waste at a monofill if the waste is of a type from which
  (i) Within 10,000 feet—or 3,048 meters—of an airport          the maximum concentration obtained for a contaminant,
                                                                based on a chemical analysis of its leachate submitted
runway [ that is or will be end ] used by [ turbine-            under § 287.132, exceeds 50 times the SMCL for that
powered ] turbojet aircraft during the life of disposal         contaminant, if the SMCL is the [ groundwater param-
operations under the permit unless the operator can             eter ] waste classification standard for the contami-
demonstrate that the landfill is designed and oper-
                                                                nant. The Department may authorize the disposal of the
ated so that the landfill does note pose a bird
                                                                waste only upon a demonstration that disposal of the
hazard to aircraft.
                                                                waste at the facility will not cause groundwater degrada-
  (ii) Within 5,000 feet—or 1,524 meters—of an airport          tion that exceeds the SMCL for a contaminant at a
runway [ that is or will be end ] used by piston-type           monitoring point or groundwater degradation that ex-
aircraft during the life of disposal operations under the       ceeds background levels at the property boundary for the
permit unless the operator can demonstrate that the             contaminant.
landfill is designed and operated so that the landfill                             *    *    *     *    *
does not pose a bird hazard to aircraft.
                                                                  (4) The Department may authorize a facility which
  (iii) For purposes of this subsection:                        disposes of a waste in accordance with a permit under
  (A) “Airport” means a public-use airport open to              this article to continue to dispose of the waste at the
the public without prior permission and without                 facility although a [ drinking water standard ] waste
restrictions within the physical capacities of avail-           classification standard for a contaminant has been
able facilities.                                                changed so that the waste would no longer meet the
                                                                criteria for disposal of the waste at the facility under
  (B) “Bird hazard” means an increase in the likeli-            paragraph (1), if the operator of the facility demonstrates
hood of bird/aircraft collisions that may cause dam-            to the Department’s satisfaction that disposal of the
age to the aircraft or injury to its occupants.                 waste will not cause groundwater degradation that ex-
  (12) If a school, park or playground is nearby, the           ceeds the [ groundwater parameter ] waste classifi-
following apply:                                                cation standard for a contaminant at a monitoring point
                                                                or groundwater degradation that exceeds background
  (i) Except for an expansion of a noncaptive re-
                                                                levels at the property boundary for a contaminant.
sidual waste landfill permit issued prior to
(Editor’s Note: The blank refers to the effective date                            *    *    *     *    *
                                  PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                              PROPOSED RULEMAKING                                                   4131

  (12) The physical characteristics of the waste will           (4) Contain a perforated piping system capable of
not cause or contribute to structural instability or          detecting and intercepting liquid within the leachate
other operating problems at the site.                         detection zone and conveying the liquid to a collection
                                                              sump for storage, processing or disposal. The sump shall
                  *    *    *     *    *
                                                              be separate from the leachate collection sump and shall
            ADDITIONAL OPERATING                              be of sufficient size to transmit leachate that is gener-
        REQUIREMENTS—LINER SYSTEM                             ated. The piping system shall also meet the following:
§ 288.532. General limitations.                                                   *    *   *    *     *
  (a) [ At least 4 feet shall be maintained between             (ii) [ The distance between pipes in the piping
the top ] The bottom of the subbase of the liner system       system may not exceed 100 feet on center.
[ and ] cannot be in contact with the seasonal high             (iii) ] * * *
table or perched water table without the use of groundwa-
ter pumping systems.                                            [ (iv) ] (iii) * * *
                  *    *    *     *    *                        [ (v) ] (iv) * * *
   (2) Drainage systems may be utilized to [ maintain a                         *     *    *     *    *
4-foot isolation distance ] prevent contact between             (f) If sampling results indicate the presence of constitu-
the [ top ] bottom of the subbase of the liner system and     ents at concentrations that could result in [ exceedance
the seasonal high water table or perched water table. The     of mandatory abatement trigger levels for the facil-
operator may not use a drainage system if the system is       ity ] groundwater degradation, the operator shall
likely to adversely affect the quality or quantity of water   submit the following to the Department:
provided by any public or private water supply, even if a
replacement supply is available under § 288.245 (relating       (1) A remedial plan for controlling the source of
to water supply replacement). The drainage system shall       leachate in the leachate detection zone and correcting a
be limited to drain tile, piping and french drains, or        malfunction or defect in the liner system, and imple-
equivalent methods.                                           ment the plan upon Department approval.
                                                                                *     *    *     *    *
  (b) For unconfined aquifers, at least 8 feet shall be
maintained between the [ top ] bottom of the subbase of       § 288.535. Liner.
the liner system and the regional groundwater table. The                        *     *    *     *    *
regional groundwater table may not be artificially low-
ered.                                                            (b) Alternative design requirements. Unless alternative
                                                              design requirements to meet the performance standards
  (c) For confined aquifers, at least 8 feet shall be         in subsection (a) are approved as part of the permit under
maintained between the [ top ] bottom of the subbase of       § 287.231 (relating to equivalency review procedure), the
the liner system and the top of the confining layer or the    liner shall meet, at the minimum, the requirements of
shallowest level below the bottom of the subbase where        Appendix A, Table II (relating to minimum liner design
groundwater occurs as a result of leakage from natural or     standards).
other pre-existing causes. The integrity of the confining                        *    *     *    *    *
layer shall not be compromised by excavation.
                                                              § 288.537. Leachate collection system within pro-
                  *    *    *     *    *                         tective cover.
§ 288.533. Subbase.                                              (a) The leachate collection system within the protective
                  *    *    *     *    *                      cover shall meet the following performance standards.
                                                              The leachate collection system shall:
   (b) Unless alternative design requirements to meet the
performance standards in subsection (a) are approved as                          *    *     *    *    *
part of the permit under § 287.231 (relating to equiva-          (2) Ensure that the depth of leachate on or above the
lency review procedure), the subbase shall meet the           liner does not exceed 1 foot, unless a greater depth
following design requirements. The subbase shall:             approved by the Department in the permit for
                  *    *    *     *    *                      sump areas or for a 25-year, 24-hour precipitation
                                                              event where the 1 foot of head will be exceeded for
  (2) [ Have a minimum bearing capacity of 4,500              less than 3 days.
pounds per square foot plus the total applied load                              *    *    *    *    *
in pounds per square foot.
                                                                            ADDITIONAL OPERATING
 (3) ] Have a postsettlement slope of at least 2% and no           REQUIREMENTS—LEACHATE TREATMENT
more than [ 25% ] 33%.                                        § 288.554. Leachate recirculation.
§ 288.534. Leachate detection zone.                              (a) * * *
                  *    *    *     *    *                                          *    *   *    *     *
   (b) Unless alternative design requirements to meet the       (b) An alternate leachate recirculation method
performance standards in subsection (a) are approved as       may be used if approved by the Department.
part of the permit under § 287.231 (relating to equiva-
lency review procedure), the leachate detection zone of a     § 288.555. Leachate collection and storage.
liner system shall meet the following design require-                             *    *   *    *     *
ments. The leachate detection zone shall:
                                                                (b) An onsite leachate storage system shall be part of
                  *    *    *     *    *                      each leachate treatment method used by the operator.
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4132                                          PROPOSED RULEMAKING

The storage system shall contain impoundments or tanks        § 288.622. Areas where Class III residual waste
for storage of leachate. [ The ] For noncaptive facil-          landfills are prohibited.
ities, the tanks or impoundments shall have a storage           (a) Except for areas that were permitted prior to July
capacity at least equal to the maximum expected produc-       4, 1992, a Class III residual waste landfill may not be
tion of leachate for a 30-day period for the life of the      operated as follows:
facility estimated under § 288.513 (relating to leachate
treatment plan). For captive facilities, the tank or                                *   *   *   *   *
impoundment shall have sufficient storage capacity              (4) In [ coal bearing ] areas underlain by recoverable
to ensure proper operation of the treatment facility
in accordancee with the approved leachate treat-              or mineable [ coals ] minerals, unless the operator of
ment plan, shall meet the performance standard in             the facility demonstrates and the Department finds, in
§ 288.537(a)(2) and shall comply with the Clean               writing, that the operator owns the underlying [ coal ]
Streams Law. No more than 25% of the total leachate           minerals. This requirement does not apply to the
storage capacity may be used for flow equalization on a       expansion of captive facilities permitted prior to
regular basis.                                                July 4, 1992.
                   *     *    *    *    *                                           *   *   *   *   *
  (d) The storage capacity of impoundments and tanks at         (7) [ Within ] If occupied dwellings are nearby,
a site shall be increased, if additional storage is           the following apply:
required, prior to each major phase of construction and
as otherwise necessary.                                         (i) For a residual waste landfill permit issued
                   *     *    *    *    *                     prior to              (Editor’s Note: The blank refers
                                                              to the effective date of adoption of this proposal.),
  (g) All underground pipes used for the transport            or for an expansion of a residual waste landfill that
of leachate from the liner system to the leachate             was permitted prior to                   (Editor’s Note:
storage impoundments or tanks shall be equipped               The blank refers to the effective date of adoption of
with secondary containment. The secondary con-                this proposal), or for a captive residual waste
tainment shall be designed, constructed and in-               landfill within 300 feet measured horizontally from an
stalled to direct any release to an area that can be          occupied dwelling, unless the owner thereof has provided
inspected for leaks.                                          a written waiver consenting to the facility being closer
§ 288.556. Leachate analysis and sludge handling.             than 300 feet. A waiver shall be knowingly made and
  (a) Upon commencement of leachate flow from the             separate from a lease or deed unless the lease or deed
facility, the operator shall sample, analyze and maintain     contains an explicit waiver from the owner. [ Except for
a record of the following:                                    facilities permitted prior to July 4, 1992, the ] The
                   *     *    *    *    *                     disposal area of a residual waste landfill may not be
                                                              within 500 feet measured horizontally from an occupied
  (2) On a quarterly basis, unless otherwise provided in
                                                              dwelling, unless the owner thereof has provided a written
the permit, the chemical composition of leachate flowing
                                                              waiver consenting to the disposal area being closer than
into the leachate treatment system. The analysis shall be
                                                              500 feet. A waiver shall be knowingly made and separate
sufficient to determine the impact of leachate on the liner
                                                              from a lease or deed unless the lease or deed contains an
system, the effectiveness of the leachate treatment sys-
                                                              explicit waiver from the owner.
tem, the need for modification of the groundwater moni-
toring system or the effluent limitations in an NPDES           (ii) For a residual waste landfill, except for a
permit, and the actual characteristics of leachate from the   captive residual waste landfill permit issued on or
waste disposed at the facility. For the purpose of this       after            (Editor’s Note: The blank refers to
analysis, the leachate sample shall be collected from the     the effective date of adoption of this proposal.),
influent storage tank or impoundment and shall be             within 300 yards measured horizontally from an
representative of the average mixed influent quality. The     occupied dwelling, unless the owner of the dwelling
Department may modify the frequency of chemical               has provided a written waiver consenting to the
analysis or not require certain constituents to be            facility being closer than 300 yards. A waiver shall
tested following four consecutive quarters of analy-          be knowingly made and separate from a lease or
sis if the operator demonstrates that modifying the           deed unless the lease or deed contains an explicit
frequency of chemical analysis will not compromise            waiver from the owner.
groundwater protection.
                                                                                    *   *   *   *   *
                 *    *     *    *    *
Subchapter F. ADDITIONAL REQUIREMENTS FOR                       (10) [ Within 25 feet of a coal seam, coal outcrop
            CLASS III RESIDUAL WASTE                          or coal refuse, unless the applicant demonstrates
                                                              that the waste is noncombustible.
             ADDITIONAL OPERATING
           REQUIREMENTS—GENERAL                                 (11) ] (10) * * *
§ 288.621. Basic requirements.                                  [ (12) ] (11) If the facility receives or proposes to
  (a) In addition to the operating requirements in            receive putrescible waste as follows:
Subchapter C (relating to operating requirements), a            (i) Within 10,000 feet—or 3,048 meters—of an airport
person or municipality that operates a Class III residual
                                                              runway [ that is or will be end ] used by [ turbine-
waste landfill shall comply with §§ 288.622 [ and
                                                              powered ] turbojet aircraft during the life of disposal
288.624 ]—288.625 [ (relating to areas where Class
                                                              operations under the permit unless the operator can
III residual waste landfills are prohibited; and              demontrate that the landfill is designed and oper-
attenuating soil base).                                       ated so that the landfill does not pose a bird hazard
                 *    *     *    *    *                       to aircraft.
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                    4133

  (ii) Within 5,000 feet—or 1,524 meters—of an airport           designed, constructed and operated as a Class II landfill.
runway [ that is or will be end ] used by piston-type            The Department may approve the disposal of waste at a
aircraft during the life of disposal operations under the        monofill that contains contaminants other than metals or
permit unless the operator can demonstrate that the              cations with a maximum concentration that is less than
landfill is designed and operated so that the landfill           10 times the [ groundwater parameter ] waste classi-
does not pose a bird hazard to aircraft.                         fication standard for the contaminants, based on a
  (iii) For pusposes of this subsection:                         chemical analysis of its leachate submitted under
                                                                 § 287.132, if the following are met:
  (A) “Airport” means a public-use airport open to
the public without prior permission and without                                     *    *    *    *   *
restrictions within the physical capacities of avail-              (4) The Department may authorize a facility which
able facilities.                                                 disposes of a waste in accordance with a permit under
  (B) “Bird hazard” means an increase in the like-               this article to continue to dispose of the waste at the
hood of bird/aircraft collisions that may cause dam-             facility although a [ groundwater parameter ] waste
age to the aircraft or injury to its occupants.                  classification standard for a contaminant has been
                                                                 amended in a way that the waste would no longer meet
  (12) If a school, park or playground is nearby, the            the criteria for disposal of the waste at the facility under
following apply:                                                 paragraph (1), if the operator of the facility demonstrates
  (i) Except for an expansion of a noncaptive re-                to the Department’s satisfaction that disposal of the
sidual waste landfill permit issued prior to                     waste will not cause degradation that exceeds the
           (Editor’s Note: The blank refers to the               [ groundwater parameter ] waste classification
effective date of adoption of this proposed.), for a             standard for a contaminant at a monitoring point or
noncaptive residual waste landfill permit issued on              groundwater degradation that exceeds background levels
or after             (Editor’s Note: The blank refers            at the property boundary for a contaminant.
to the effective date of adoption of this proposal.),
within 300 yards of the following:                                                  *    *     *    *    *
  (A) A building which is owned by a school district               (14) The physical characteristics of the waste will
or school and used for instructional purposes.                   not cause or contribute to structural instability or
                                                                 other operating problems at the site.
  (B) A park.
                                                                                       *   *   *   *       *
  (C) A playground.
                                                                 § 288.624. Attenuating soil   [ base ].
  (ii) The current property owner of a school build-
ing, park or playground may waive the 300-yard                     (a) Disposal of residual waste. Residual waste may
prohibition by signing a written waiver. Upon re-                not be disposed at a Class III residual waste landfill,
ceipt of the waiver, the Department will waive the               unless [ the following conditions are met: ] attenuat-
300-yard prohibition and will not use the prohibi-               ing soil exists in the disposal area or has been
tion as the basis for the denial of a new permit.                placed on the entire disposal area.
                 *    *    *    *    *                             (1) [ At least 4 feet of attenuating soil exists or
§ 288.623. Minimum requirements for acceptable                   has been placed on the entire disposal area, or 1
  waste.                                                         foot of attenuating soil exists or has been placed for
                                                                 every 4 feet of waste approved by the Department
  (a) A person or municipality may not dispose of re-            in the permit, whichever is greater.
sidual waste at a Class III residual waste landfill unless
the waste meets all of the following criteria:                     (2) ] * * *
  (1) The residual waste may not be of a type from which           [ (3) ] (2) * * *
the maximum concentration obtained for contaminant,
based on a chemical analysis of its leachate submitted             (b) Standards of performance. The attenuating
under § 287.132 (relating to chemical analysis of waste),        soil shall meet the following standards of perfor-
and approved by the Department, exceeds the following:           mance:
  (i) For metals and other cations, 25 times the                   (1) The attenuating soil shall prevent migration
[ groundwater parameter ] waste classification                   of contaminants to the surface and groundwater to
standard for a contaminant.                                      the greatest degree that is technologically possible.
  (ii) For contaminants other than metals and cations,             (2) The performance of the attenuating soil may
the [ groundwater parameter ] waste classification               not be affected by the physical or chemical charac-
standard for a contaminant. If analytical quantitation           teristics of the waste.
limits prevent determination of the acceptability of a             (3) The attenuating soil shall cover the bottom
residual waste under this paragraph, the Department              and sidewalls of the facility.
may consider the total analysis of the waste as well as
                                                                   (c) Alternative design requirements. Unless alter-
the physical and chemical characteristics of the contami-
                                                                 native design requirements to meet the perfor-
nant in making a determination of acceptability of the
                                                                 mance standards in subsection (b) are approved as
waste at the facility.
                                                                 part of the permit under § 287.231 (relating to
   (2) Residual waste may not be disposed of at the              equivalency review procedure) where site-specific
facility if the disposal of the waste at the facility will       conditions are included in the demonstration, the
result in a level of groundwater degradation at one or           attenuating soil shall meet the requirements of
more monitoring points that exceeds the level of degrada-        subsection (d). If a design under this section is
tion that would result at the same monitoring points from        modified, the modification shall be a major permit
the disposal of the waste at the facility if the facility were   modification.
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4134                                        PROPOSED RULEMAKING

  [ (b) ] (d) Requirements. The attenuating soil required         (4) ] (3) * * *
by this section shall meet the following requirements:
                   *    *     *     *    *                        [ (5) ] (4) * * *
 (3) [ The combustible or coal content of the soil                [ (6) ] (5) * * *
may not exceed 12% by weight.


                                                     APPENDIX A

                                                        TABLE I
                                     MINIMUM LINER DESIGN STANDARDS
                                        MINIMUM
                                        FIELD
                                        THICKNESS           LINER DENSITY
 LINER                                  (UNITS AS           (TESTS AS
 MATERIAL           FUNCTION            SPECIFIED)          SPECIFIED)                REMARKS

 Geomembranes       Primary or          [ 50 ] 30 mil       N/A                       1. A greater thickness may be required
                    Secondary Liner                                                   depending upon the recommendations
                                                                                      of the manufacturer. HDPE liners
                                                                                      shall be at least 60 mil.

 Geomembranes       [ Secondary         [ 50 ] 30 mil       N/A                       1. A greater thickness may be required
                    Liner, ]            [ 40 mil ]                                    depending upon the recommendations
                    Cap                                                               of the manufacturer.

                                                 *      *   *     *     *

 [ Prefabricated    Composite           [ 1/4 inch ] N/A    N/A                       1. Minimum of [ one ] 3/4 pound of
 Clay Mats ]        Component                                                         powdered or granular sodium
 Geosynthetic                                                                         bentonite per square foot.
 Clay Liner
 (GCL)

* Percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).
                                                TABLE II
                                     MINIMUM LINER DESIGN STANDARDS

                                        MINIMUM
                                        FIELD
                                        THICKNESS           LINER DENSITY
 LINER                                  (UNITS AS           (TESTS AS
 MATERIAL           FUNCTION            SPECIFIED)          SPECIFIED)                REMARKS
 Geomembranes       Liner, Cap          [ 50 ] 30 mil       N/A                       1. A greater thickness may be required
                                        [ 40 mil ]                                    depending upon the recommendations
                                                                                      of the manufacturer. HDPE liners
                                                                                      shall be at least 60 mil.
 Natural &          Cap, Composite      2 feet              [     ] 90%*              1. Minimum of 30% fines by weight less
 Remolded Clay      Component           1 foot              [     ] 90%*              than 0.074 mm particle size (#200
                                                                                      sieve).
                                                                                      2. Plasticity Index greater than or
                                                                                      equal to 10.
                                                                                      3. No coarse fragments greater than 3/4
                                                                                      inch in diameter.
                                                 *      *   *     *     *
 [ Prefabricated    Composite           [ 1/4 inch ] N/A    N/A                       1. Minimum of [ one ] 3/4 pound of
 Clay Mats ]        Component                                                         powdered or granular sodium
 Geosynthetic                                                                         bentonite per square foot.
 Clay Liner
 (GCL)

* Percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).
                              PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                              PROPOSED RULEMAKING                                                    4135

   CHAPTER 289. RESIDUAL WASTE DISPOSAL                          (2) A description of the soils to be used for intermediate
                IMPOUNDMENTS                                  and final cover, [ liner system ] and facility construc-
  Subchapter B. APPLICATION REQUIREMENTS                      tion, including [ for each onsite or offsite borrow
              PHASE I APPLICATION                             area, ] chemical description, texture, laboratory par-
    REQUIREMENTS—GENERAL PROVISIONS                           ticle size analyses, and quantity [ and cross section ]
§ 289.112. Facility plan.                                     cross sections of the borrow pits within the proposed
                                                              permit area shall be included.
  An application to operate a residual waste disposal
impoundment shall contain conceptual drawings and a                               *   *    *     *     *
narrative describing the following:                           § 289.127. Mineral deposits information.
                  *    *    *     *    *                                          *   *    *     *     *
  (2) [ The quantity, quality and availability of ac-           (b) If the proposed permit area and adjacent area
ceptable cover material and liner system construc-            overlie recoverable or mineable [ coals ] mineral depos-
tion material, both on and off the proposed permit            its, the applicant shall demonstrate that the applicant
area ] A detailed description of the volume of soil           owns the [ coal ] mineral deposits and shall warrant
needed to construct and operate the facility.
                                                              that the [ coal ] minerals will not be mined as long as
§ 289.113. Maps and related information.                      residual waste remains on the site. This requirement
   (a) An application shall contain a topographic map, on     does not apply to the expansion of captive facilities
a scale of 1 inch equals no more than 200 feet with           permitted prior to July 4, 1992.
10-foot maximum contour intervals. The Department may,        § 289.128. Notification of proximity to airport.
in writing, approve the use of a different horizontal scale
[ for facilities larger than 250 acres ]. The application       An applicant shall notify the Federal Aviation
shall include the map and necessary narrative descrip-        Administration, the Department and the airport if a
tions, which show the following:                              proposed disposal impoundment or lateral expan-
                                                              sion, that plans to receive putrescible waste, is
                   *    *    *    *     *                     within a 5-mile radius of an airport runway end
                                                              used by turbojet or piston-type aircraft.
  [ (c) An application shall also contain a United
States Department of Agriculture Soil Conservation                       PHASE II APPLICATION
Service soil map, or aerial photographs when cur-                 REQUIREMENTS—GENERAL PROVISIONS
rent soils maps are unavailable, for the proposed
                                                              § 289.132. Operation plan.
permit area and adjacent area showing the site
boundaries, soil types, and the location of test pits           An application shall contain a description of the re-
of excavations taken under § 289.133 (relating to             sidual waste disposal impoundment operations proposed
map and grid requirements). ]                                 during the life of the facility within the proposed permit
                                                              area, including, at a minimum, the following:
  PHASE I APPLICATION REQUIREMENTS—SITE
                    ANALYSIS                                     (1) A narrative describing the type and method of
                                                              residual waste disposal impoundment procedures, in-
§ 289.122. Geology and groundwater description.               spection and monitoring of incoming waste, se-
  (a) An application shall contain a description of the       quence of disposal activity, type of disposal activity,
geology and groundwater in the proposed permit area and       proposed engineering techniques and the major equip-
adjacent areas down to and including the lowest aquifer       ment to be used under § 289.225 (relating to equipment),
that may be affected by the facility, including the follow-   using the maps and grids required by § 289.133 (relating
ing:                                                          to map and grid requirements) as a basis for the descrip-
                                                              tion.
                  *    *    *     *    *
  (8) Wellhead protection areas in accordance with                                *   *    *     *     *
§ 109.1 (relating to definitions) that may be im-               [ (3) A narrative describing the type and size of
pacted by the facility.                                       equipment that is proposed to be used at the
  (9) A groundwater contour map based upon the                facility, as well as a description of the availability
highest groundwater level recorded monthly in                 of standby equipment in the event of breakdown or
each boring for the previous year.                            maintenance.
                  *    *    *     *    *                        (4) A narrative describing a plan for training
                                                              facility operators and other personnel concerning
§ 289.124. Soil description.
                                                              the operation and approved design of the facility. ]
  (a) An application shall contain:
                                                                [ (5) ] (3) ***
  (1) [ A description of the soils within the pro-
posed permit area and adjacent area down to the                 [ (6) ] (4) ***
bedrock, including, for each soil horizon, depth,
matrix color, texture, structure, consistency, degree           [ (7) ] (5) ***
of mottling, mottling colors and laboratory particle                              *   *    *     *     *
size analyses ] The depth to the seasonal high
water table within the proposed permit area and                 [ (8) ] (6) The proposed operating hours of the pro-
adjacent area to demonstrate that the seasonal                posed facility. The operating hours include those
high water table will not be in contact with the              hours related to construction and other activities
liner system.                                                 related to operation of the facility.
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4136                                          PROPOSED RULEMAKING

§ 289.134. Plan for access roads.                             with §§ 289.261—289.268 (relating to water quality
  The application shall contain designs, cross sections       monitoring). The plan shall include, at a minimum, the
and specifications for access roads, including load limits,   following:
in accordance with § 289.223 (relating to access roads).                        *    *    *     *    *
Access roads shall be designed and constructed to
                                                                 (2) For new facilities, preoperational data showing ex-
adequately handle the truck traffic expected at the
                                                              isting groundwater quality, as required by § 289.123
disposal facility.
                                                              (relating to groundwater quality description), and a proce-
§ 289.136. Nuisance minimization and control plan.            dure to establish [ background water ] this ground-
  (a) The application shall contain a plan in accordance      water quality. For existing facilities, adequate monitoring
with § 289.228 (relating to nuisance minimization and         data as required by § 288.123 (relating to groundwater
control) to [ prevent ] minimize and control hazards or       quality description) to characterize background ground-
nuisances from vectors, odors, noise, dust and other          water quality and a procedure to establish [ background
nuisances not otherwise provided for in the permit appli-     water ] this groundwater quality.
cation. [ The plan shall provide for the routine                (b) The application shall contain a groundwater sam-
assessment of vector infestation and shall also pro-          pling and analysis plan. The plan shall include:
vide for countermeasures. The plan may include a
control program involving a contractual arrange-                                *    *    *     *    *
ment for services with an exterminator. ]                       (4) Procedures and techniques for evaluation of analyti-
  (b) The plan shall include the following:                   cal results to determine if groundwater degradation[ ,
                                                              exceedances of mandatory abatement trigger levels
  (1) Provisions for the routine assessment and
control of vector infestation.                                or adverse effects on groundwater have ] has oc-
                                                              curred.
  (2) Methods to minimize and control nuisances
from odors, dustfall and noise off the property                [ (5) Mandatory abatement trigger levels for each
boundary from the facility.                                   monitoring well for each contaminant for which
  (3) For odors, the determination of normal and              monitoring is required under §§ 289.261—289.268.
adverse weather conditions based on site-specific               (i) For facilities other than monofills which are
meteorological data. Prior to the installation of             permitted after July 4, 1992, including the expan-
equipment and collection of meteorological data, a            sion of the facilities that are operating or permitted
protocol for the installation and data collection             on or before July 4, 1992, the proposed mandatory
shall be approved by the Department.                          abatement trigger level for a contaminant at a
  (c) The plan required in subsection (a) may in-             monitoring point shall be equivalent to the back-
clude a contractual arrangement for services of an            ground levels for the contaminant.
exterminator or an air quality, noise, dust control             (ii) For monofills which are permitted after July
or other professional.                                        4, 1992, including the expansion of the facilities
§ 289.137. Daily volume.                                      that are operating or permitted on or before July 4,
                                                              1992, the proposed mandatory abatement trigger
  The application shall contain proposed average              level shall be equivalent to the maximum level of
and maximum daily volumes for the facility, and a             degradation that will be predicted, through model-
detailed justification for these volumes, based on            ing, to exist at the monitoring point for that con-
§§ 287.126 and 287.127 (relating to requirements for          taminant based on the design, construction and
environmental assessment; and environmental as-               operation of the facility. The application shall also
sessment).                                                    include a demonstration of the validity and accu-
             PHASE II APPLICATION                             racy of the model at the proposed facility. A manda-
 REQUIREMENTS—COVER AND REVEGETATION                          tory abatement trigger level may not exceed a
                                                              groundwater parameter for a contaminant at a
§ 289.141. Cover plan.                                        monitoring point, or background levels for the
  An application shall contain a plan for cover at the        contaminant at the property boundary. If the back-
proposed facility under § [ § 289.241 and ] 289.242 (re-      ground level for a contaminant is higher than the
lating to [ topsoil storage; and ] cover) including, at a     groundwater parameter for the contaminant, the
minimum, the following information:                           proposed mandatory abatement trigger level may
                                                              not exceed the background level for the contami-
                  *    *    *     *    *                      nant at the monitoring point.
  [ (3) If cover material will be obtained from an               (iii) For facilities that are operating or permitted
offsite area not owned by the applicant, copies of            on or before July 4, 1992, the proposed mandatory
contracts or other binding agreements showing                 abatement trigger level for a contaminant at a
that the applicant is authorized to obtain cover              monitoring point shall be equivalent to the ground-
material from the offsite area for the term of the            water parameter for the contaminant, and shall be
permit. ]                                                     equivalent to background levels for the contami-
                                                              nant at the property boundary. If the background
         PHASE II APPLICATION                                 level for a contaminant is higher than the ground-
REQUIREMENTS—WATER QUALITY PROTECTION                         water parameter for the contaminant, the proposed
           AND MONITORING                                     mandatory abatement trigger level for these facil-
§ 289.152. Water quality monitoring plan.                     ities shall be the background level for the contami-
                                                              nant at a monitoring point. ]
  (a) An application shall contain a water quality moni-
toring plan showing how the operator intends to comply                          *    *    *     *    *
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                              PROPOSED RULEMAKING                                                4137

  [ (d) Once an application is determined to be                                   DAILY OPERATIONS
administratively complete under § 287.202 (relating           § 289.221. Signs and markers.
to completeness review), the applicant is not re-
quired to amend the application because a ground-                                 *   *   *    *    *
water parameter has changed due to a change in                  (d) A person or municipality that operates a noncaptive
data from the EPA’s IRIS.                                     residual waste disposal impoundment shall identify the
  (e) The Department may approve a change in the              facility for the duration of operations by posting and
groundwater parameter which is based on IRIS for              maintaining a sign which is clearly visible and can be
a contaminant, if the applicant makes a clear and             easily seen and read at the junction of each access road
convincing demonstration to the Department that               and public road. The sign shall be constructed of a
new studies not yet considered by the EPA in IRIS             durable, weather-resistant material [ and shall be of a
more accurately reflect the human health and envi-            minimum size of 3 feet by 4 feet with a light
ronmental effects of a contaminant than IRIS. ]               background and contrasting letters and numbers of
                                                              a minimum height of 3 inches that can be easily
           PHASE II APPLICATION                               seen and read. The sign shall show the name,
    REQUIREMENTS—CLOSURE PROVISIONS                           business address and telephone number of the
§ 289.172. Closure plan.                                      person or municipality that operates the facility,
                                                              the operating hours of the facility, and the number
  (a) The application shall contain a plan describing the     of the current permit authorizing operation of the
activities that are proposed to occur [ during the            facility ].
postclosure period ] toward and after closure to
                                                              § 289.223. Access roads.
ensure compliance with this chapter.
                                                                                  *   *   *    *    *
  (b) The closure plan shall include:
                                                                (e) Except for captive facilities where the Department
                    *   *   *     *     *                     has set forth alternate requirements in the permit and
  [ (3) If the facility will close in stages, a descrip-      except for roads not leading to the disposal area,
tion of how and when the facility will begin and              the disposal impoundment shall maintain a minimum
implement partial closure.                                    cartway width of one of the following:
                                                                                  *   *   *    *    *
  (4) ] (3) ***
                                                                (f) An access road negotiable by loaded collection ve-
  [ (5) ] (4) A narrative description, including a schedule   hicles shall be provided from the entrance gate of the
of measures that are proposed to be carried out toward        facility to each unloading area [ , ]. An access road
and after closure at the facility, including measures
                                                              shall be provided to each treatment facility, [ or ]
relating to the following:
                                                              impoundment, [ located on the site. An access road
                    *   *   *     *     *                     shall also be provided to groundwater monitoring
  (vi) Access control, including maintenance of access        points ] and groundwater monitoring point. Other
control.                                                      monitoring points shall be readily accessible.
  [ (6) ] (5) ***                                               [ (g) An access road shall be constructed on a dry
                                                              and stable area.
  [ (7) ] (6) ***
                                                                (h) Prior to the construction of a road at a
                    *   *   *     *     *                     facility other than a local captive facility, topsoil
                                                              shall be removed and one of the following require-
   Subchapter C. OPERATING REQUIREMENTS
                                                              ments shall be met:
                  GENERAL PROVISIONS                            (i) The topsoil shall be immediately used as final
§ 289.201. Basic limitations.                                 cover.
                    *   *   *     *     *                       (ii) The topsoil shall be stored on a stable site
                                                              and protected against erosion and compaction. ]
  (e) All approved mitigation measures identified
in the permit application shall be completed before             [ (i) ] (g) ***
a facility may accept waste unless otherwise autho-
rized in writing by the Department for technical                [ (j) ] (h) ***
reasons.
                                                                [ (k) ] (i) ***
                    WASTE LIMITATIONS
                                                              § 289.224. Measurement and inspection of waste.
§ 289.212. Waste solidification.
                                                                (a) The operator shall accurately measure waste that is
                    *   *   *     *     *                     disposed at an impoundment by weight.
  (b) The waste in the impoundment after the require-           (b) The operator of a noncaptive facility shall
ments of subsection (a) have been met shall be capable of     inspect and monitor incoming waste to insure that
withstanding a minimum bearing capacity of 1.5 tons per       the disposal of waste is consistent with this article,
square foot with a minimum factor of safety of 1.5. The       unless otherwise required by the Department. The
bearing capacity and minimum factor of safety may             monitoring and inspection shall include screening
be waived by the Department in the permit based               of waste for radioactive isotopes and be consistent
upon the postclosure use of the facility.                     with § 287.134 (relating to waste analysis plan).

                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4138                                          PROPOSED RULEMAKING

§ 289.225. Equipment.                                         § 289.229. Daily volume.
                  *    *    *     *    *                        (a) A person or municipality operating a residual
                                                              waste impoundment may not receive solid waste at
  (b) [ Standby equipment shall be located on the             the impoundment in excess of the maximum or
site or at a place where it can be available within           average daily volume approved in the permit.
24 hours. ] If a breakdown of the operator’s equipment          (b) The average daily volume is a limit on the
occurs, the operator shall utilize standby equipment as       volume of solid waste that is permitted to be
necessary to comply with the act, the environmental           received at the facility, and shall be computed
protection acts, this subchapter and permit conditions.       annually by averaging the total volume received
§ 289.227. Air resources protection.                          over the year.
                                                                           COVER AND REVEGETATION
  (a) The operator shall implement fugitive air contami-
nant control measures and otherwise prevent and control       § 289.241.   [ Topsoil storage ] (Reserved).
air pollution [ under ] in accordance with the Air              [ (a) Unless topsoil is not needed for final cover
Pollution Control Act (35 P. S. §§ 4001—4014) [ and           under § 289.242 (relating to cover) or is unsuitable
Subpart C, ] Article III (relating to air resources) and      for final cover:
§ 289.228 (relating to nuisance minimization and                (1) Topsoil shall be removed in a separate layer
control). Minimization and control measures shall             prior to preparation of an area for disposal or other
include the following:                                        surface disturbance.
  [ (b) ] (1) [ The operator may ] Ensuring that op-            (2) If topsoil is less than 12 inches, a 12-inch layer
eration of the facility will not cause or contribute to an    which includes the topsoil and the unconsolidated
exceedance of an ambient air quality standard under           materials immediately below the topsoil shall be
§ 131.3 (relating to ambient air quality standards).          removed, segregated, conserved and replaced as the
                                                              upper layer of final cover.
  [ (c) ] (2) [ A person or municipality may not
                                                                (3) If topsoil or other materials removed under
cause or allow ] Ensuring that no open burning                this subsection are not promptly redistributed as
occurs at the facility.                                       cover, they shall be stockpiled, temporarily veg-
 (3) Minimizing the generation of fugitive dust               etated and otherwise protected from wind and
emissions from the facility.                                  water erosion, unnecessary compaction and con-
                                                              taminants which lessen the capability of materials
  (b) The operator shall comply with the terms and            to support vegetation when redistributed on the
conditions of an air quality plan approval and air            site.
quality operating permit issued to the facility.
                                                                (b) Topsoil and other material removed under
§ 289.228. Nuisance minimization and control.                 this section may not be removed from the site. ]
  (a) Vectors. [ The ] An operator may not cause or           § 289.242. Cover.
allow the attraction, harborage or breeding of vectors.         (a) The operator shall place final cover within 1 year
                                                              after closure. The Department may require placement
  (b) Other conditions. [ The ] An operator shall [ also      and revegetation of an intermediate cover [ of soil ] that
prevent and eliminate ] minimize and control other            meets the requirements of § 288.233 (relating to
conditions [ not otherwise prohibited by this                 intermediate cover and slopes), during the period
subchapter ] that are harmful to the environment or           between closure and construction of the final cover sys-
public health, or which create safety hazards, odors, dust,   tem.
noise, unsightliness and other public nuisances.                (b) Except as provided in subsection (c), the operator
  (c) Odors.                                                  shall provide final cover in the following manner:
                                                                (1) A cap [ consisting of a uniform and compacted
  (1) An operator shall implement the plan ap-
                                                              2-foot layer of clay ] shall be placed and graded over
proved under § 289.136 (relating to nuisance mini-
mization and control plan) to minimize and control            the entire surface of each final lift. [ The Department
nuisances from odors. If the Department deter-                may approve, in the permit, synthetic material of
mines during operation of the facility that the plan          the type and specifications set forth for primary
is inadequate to minimize or control nuisance, the            liners in § 289.436 (relating to primary liner) and
Department may modify the plan or require the                 for caps in Appendix A, Table I (relating to mini-
operator to modify the plan and obtain Department             mum liner design standards) in lieu of the 2-foot
approval.                                                     layer of clay. ] The cap may be no more permeable than
                                                              1.0 × 10-7 cm/sec. The following performance stan-
  (2) An operator shall perform regular, frequent             dards for the cap shall be met:
and comprehensive site inspections to evaluate the
effectiveness of cover, capping, gas collection and             (i) The cap shall limit the migration of precipita-
destruction, waste acceptance and all other waste             tion into the landfill to the greatest degree that is
management practices in reducing the potential for            technologically possible.
offsite odor creation.                                          (ii) The cap shall be resistant to physical and
                                                              chemical failure.
  (3) An operator shall promptly address and cor-
                                                                (iii) The cap shall cover all areas where waste is
rect problems and deficiencies discovered in the
                                                              disposed.
course of inspections performed under paragraph
(2).                                                                            *    *    *    *     *
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                 4139

  (c) The Department may waive [ or modify ] the cap             [ (e) Wells drilled under this section shall be
and drainage layer requirements of subsection (b)(1) and       drilled by drillers licensed under the Water Well
(2) based on a demonstration that it is not necessary to       Drillers License Act (32 P. S. §§ 645.1—645.13). ]
limit infiltration into the waste.
                                                                 [ (f) ] (e) ***
  (d) Unless alternative design requirements to
meet the performance standards in subsection                   § 289.263. Standards for wells and casing of wells.
(b)(1) are approved as part of the permit under                  (a) Monitoring wells shall be cased as follows:
§ 287.231 (relating to equivalency review proce-
dure), the cap shall meet the design requirements                (1) The casing shall maintain the integrity of the
for caps in Appendix A, Table II (relating to liner            monitoring well borehole [ , ] and shall be constructed of
design standards).                                             material that will not react with the groundwater being
                                                               monitored.
  [ (d) ] (e) The layer of material described in [ para-
graph ] subsection (b)(3) and intermediate cover, if                            *     *     *    *    *
required, shall meet the following performance standards.       (3) The well shall be constructed with a screen that
Cover material shall:                                          meets the following requirements:
                  *    *     *    *     *                                        *    *    *    * *
  (3) Be   [ noncombustible ] capable of controlling             [ (iv) The slot openings, design and screen diam-
fires.                                                         eter shall allow for effective well development. ]
                    *   *    *     *    *                                        *    *    *    *    *
  (8) Be consistent with the waste acceptance plan.              (5) The casing shall be clearly visible and protrude
  [ (e) ] (f) Unless alternative design requirements to        at least 1 foot above the ground, unless the Department
                                                               has approved flush mount wells.
meet the performance standards in subsection [ (d) ] (e)
are approved as part of the permit under § 287.231                               *    *    *    *    *
[ (relating to equivalency review procedure),                    (7) [ If plastic casing is used, it shall be threaded
cover ], the layer of material described in subsec-            to preclude potential sample contamination from
tion (b)(3) shall meet the following design requirements:      solvent welded joints, unless otherwise provided by
                  *    *    *     *    *                       the Department in the permit ] The casing shall be
                                                               designed and constructed in a manner that pre-
  [ (3) The combustible or coal content of the                 vents cross contamination between surface water
cover may not exceed 12% by weight.                            and groundwater.
  (4) ] (3) ***                                                  (b) Monitoring well casings shall be enclosed in a
  [ (5) ] (4) ***                                              protective casing that shall:
           WATER QUALITY PROTECTION                                              *     *     *  *     *
§ 289.255. Water supply replacement.                             (5) Protrude [ at least 1 inch higher ] above   [ grade
  (a) A person or municipality operating a residual waste      than ] the monitoring well casing.
disposal impoundment which adversely affects a water                           *  *    *    *  *
supply by degradation, pollution or other means                § 289.266. Groundwater assessment plan.
shall restore the affected supply at no additional cost to
the owner or replace the affected water supply with an           (a) Requirement.
alternate source that is of like quantity and quality to the     [ (1) ] A person or municipality operating a residual
original supply at no additional cost to the owner.
                                                               waste disposal impoundment shall prepare and submit to
                  *     *     *    *     *                     the Department a groundwater assessment plan within
  (d) Permanent water supplies include develop-                [ 30 ] 60 days after one of the following occurs:
ment of a new well with a distribution system,
interconnection with a public water supply or ex-                [ (i) ] (1) ***
tension of a private water supply, but do not in-                [ (ii) ] (2) Laboratory [ analyses ] analysis of one or
clude provision of bottled water or a water tank               more public or private water supplies indicates groundwa-
supplied by a bulk water hauling system, which are             ter degradation that could reasonably be attributed to the
temporary water supplies.                                      facility.
          WATER QUALITY MONITORING                               [ (2) For residual waste disposal impoundments
§ 289.262. Number, location and depth of monitor-              permitted or operating under the act or The Clean
  ing points.                                                  Streams Law on July 4, 1992, and for which data
                *     *   *    *    *                          triggering the submission of a plan under this
                                                               section exist on July 4, 1992, the plan shall be
  (b) The upgradient and downgradient monitoring wells         submitted to the Department by January 4, 1992. ]
shall be:
                                                                                 *    *    *    *    *
                 *    *    *    *    *
                                                                 (c) Assessment plan. The groundwater assessment plan
  (3) Located within 200 feet of the permitted disposal        shall specify the manner in which the operator will
area, except as necessary to comply with subsection (c),       determine the existence, quality, quantity, areal extent
and located at the points of compliance.                       and depth of groundwater degradation and the rate and
                    *   *    *     *    *                      direction of migration of contaminants in the groundwa-
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4140                                         PROPOSED RULEMAKING

ter. A groundwater assessment plan shall be prepared by      monitoring point. ] The operator is not required to
an expert in the field of hydrogeology. The plan shall       implement an abatement plan under this paragraph if the
contain, at a minimum, the following information:            following apply:
  (1) The number, location, size, casing type and depth of      (i) Within 10 days after receipt of sample results
wells, lysimeters, borings, pits, piezometers and other      showing an exceedance of [ the mandatory abatement
assessment structures or devices to be used. If the
operator establishes compliance points as part of            trigger levels described in this paragraph ] an
the assessment, the points shall be wells con-               abatement standard at a point of compliance de-
structed in accordance with §§ 289.262 and 289.263           scribed in subsection (c), the operator resamples the
(relating to number, location and depth of monitor-          affected wells.
ing points; and standards for wells and casing of               (ii) Analysis from resampling shows to the Depart-
wells).                                                      ment’s satisfaction that [ the mandatory abatement
                  *    *    *     *     *                    trigger levels described in this paragraph have not
 (5) Identification of the abatement standard that           been exceeded ] an exceedance of an abatement
will be met.                                                 standard has not occurred.
                *  *    *        *     *                       [ (b) In addition to subsection (a), the Depart-
                                                             ment may require the operator of a residual waste
§ 289.267. Abatement plan.                                   disposal impoundment to prepare and submit to
  (a) The operator of a residual waste disposal impound-     the Department an abatement plan when one of the
ment shall prepare and submit to the Department an           following occurs:
abatement plan when one of the following occurs:               (1) The groundwater assessment plan prepared
   (1) The groundwater assessment plan prepared and          and implemented under § 289.266 confirms the
implemented under § 289.266 (relating to groundwater         presence of groundwater degradation at one or
assessment plan) shows the presence of groundwater           more monitoring points.
degradation for one or more contaminants at one or more        (2) Monitoring by the Department or the operator
monitoring points [ that exceeds the mandatory               shows the presence of groundwater degradation
abatement trigger levels established by the Depart-          from one or more monitoring points, even if a
ment in the permit for the contaminant at the                groundwater assessment plan has not been com-
monitoring point ] and the analysis under                    pleted.
§ 289.266(c) indicates that an batement standard
                                                               (3) The Department has reason to believe that the
under subsection (c) will not be met. [ If mandatory         operator is responsible for groundwater degrada-
abatement trigger levels have not yet been estab-            tion.
lished for the facility, the operator shall prepare
and submit the abatement plan when the ground-                 (c) ] (b) ***
water assessment plan shows one of the following:                              *   *    *    *    *
  (i) The presence of groundwater degradation for              (c) If abatement is required in accordance with
one or more contaminants at one or more monitor-             subsection (a), the operator shall demonstrate com-
ing points at a level that exceeds the groundwater           pliance with one or more of the following standards
parameter for those contaminants, or, if back-               at the identified compliance points:
ground water quality exceeds the groundwater pa-
rameter, degradation that exceeds background for               (1) For constituents for which a Statewide health
those contaminants.                                          standards exists, the Statewide health standard for
                                                             that constituent at and beyond 150 meters of the
  (ii) Groundwater degradation at the property               perimeter of the permitted disposal area or at and
boundary. ]                                                  beyond the property boundary, whichever is closer.
  (2) Monitoring by the Department or operator shows           (2) The background standard for constituents at
the presence of [ groundwater degradation ] an               and beyond 150 meters of the perimeter of the
abatement standard exceedance for one or more                permitted disposal area or at and beyond the prop-
contaminants from one or more [ monitoring ] compli-         erty boundary, whichever is closer.
ance points [ at a level that exceeds the mandatory            (3) For constituents for which no primary MCLs
abatement trigger level for the contaminant at the           under the Federal and Safe Drinking Water Acts (42
monitoring point, ] as indicated in subsection (c)           U.S.C.A. §§ 300f—300j-18 and 35 P. S. §§ 721.1—
even if a groundwater assessment plan has not been           721.17) exist, the risk-based standard at and beyond
completed. [ If mandatory abatement trigger levels           the property boundary, whichever is closer, if the
have not yet been established by the Department in           following conditions are met:
the permit for the facility, the mandatory abate-              (i) The risk assessment used to establish the stan-
ment trigger level shall be groundwater degrada-             dard assumes that human receptors exist at the
tion for one or more contaminants at one or more             property boundary.
monitoring points that exceeds the groundwater
parameter for those contaminants or groundwater                (ii) The level is derived in a manner consistent
degradation at the property boundary based on                with Department guidelines for assessment the
monitoring by the Department or the operator. If             health risks of environmental pollution.
the background level for a contaminant is higher               (iii) The level is based on scientifically valid stud-
than the groundwater parameter for the contami-              ies conducted in accordance with the Good Labora-
nant, the mandatory abatement trigger level shall            tory Practice Standards promulgated under the
be the background level for the contaminant at the           Toxic Substances Control Act (15 U.S.C.A. §§ 2601—
                              PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                             PROPOSED RULEMAKING                                                   4141

2692) (40 CFR Part 792) or other scientifically valid           (e) Combustible gas levels may not equal or exceed:
studies approved by the Department.                                              *     *    *    *     *
  (iv) For carcinogens, the level represents a con-             [ (3) Twenty-five percent of the lower explosive
centration associated with an excess lifetime can-
cer risk level of 1 × 10-5 at the property boundary.          limit in an adjacent area, including buildings or
                                                              structures on the adjacent area. ]
  (d) For measuring compliance with secondary
contaminants under subsection (c)(1) or (3), the                               *  *   *  *  *
Department may approve a compliance point be-                               EMERGENCY PROCEDURES
yond 150 meters on land owned by the owner or the
                                                              § 289.291. Hazard prevention.
disposal area.
                                                                [ (a) ] ***
  [ (d) ] (e) ***
                                                                [ (b) First aid facilities shall be available and job
  [ (e) The Department will consider the following            safety shall be practiced. ]
factors in its review of the abatement plan:
                                                              § 289.292. Emergency equipment.
 (1) Whether the operator can restore the ground-
water quality to background levels.                              (a) Except as provided in subsection (b), the operator
                                                              shall have available in proper working condition the
  (2) Whether the operator has demonstrated that              following equipment at the immediate operating area of
it is technologically impossible or infeasible to             the facility:
restore the groundwater quality to background
levels.                                                                          *    *    *    *     *
  (3) Whether the use of the chosen feasible tech-              (3) Portable fire extinguishers, fire control equipment,
nology will achieve remediation as close to back-             spill control equipment, self-contained breathing appara-
ground levels as possible.                                    tus and decontamination equipment. For fire control
                                                              equipment requiring water, the facility shall have a
  (4) Whether the groundwater remediation for                 water supply of adequate quantity and pressure to
unpermitted facilities existing prior to July 4, 1992,        supply the equipment.
and for facilities permitted after July 4, 1992, in-
cluding facility expansions, will achieve at least                               *     *    *    *     *
human health and environmental protection levels.                    RECORDKEEPING AND REPORTING
  (5) Whether the groundwater remediation for                 § 289.301. Daily operational records.
facilities permitted prior to July 4, 1992, will                (a) The operator of a facility shall make and maintain
achieve levels that are at least equivalent to the            an operational record for each day that residual waste is
groundwater parameters.                                       received, processed or disposed, and each day that con-
  (6) Whether the methods or techniques proposed              struction, monitoring or postclosure activity occurs. The
will cause more environmental harm than the con-              operator of a captive residual waste facility may
taminants.                                                    maintain a monthly operational record instead of a
                                                              daily operational record for each month in which
  (f) For facilities permitted prior to July 4, 1992,         residual waste is received, processed or disposed,
the Department may approve a change in the                    and each month that construction, monitoring or
groundwater parameter which is based on IRIS for              postclosure activity occurs. The monthly opera-
a contaminant if the operator makes a clear and               tional record shall contain the information re-
convincing demonstration to the Department that               quired in subsection (b)(1)—(6).
new studies not yet considered by the EPA IRIS
more accurately reflect the human health and envi-               (b) The   [ daily ] operational record shall include the
ronmental effects of a contaminant than IRIS. ]               following:
                                                                                 *     *    *    *     *
  [ (g) ] (f) ***
                                                                (7) For noncaptive facilities, the following:
  [ (h) ] (g) ***
                                                                                 *     *    *    *     *
  [ (i) ] (h) ***                                               (iii) An analysis of the quality and quantity of
                    *   *   *     *    *                      leachate flowing from the impoundment into the
                                                              leachate storage and treatment systems.
                    MINERAL AND GAS
                                                                                 *     *    *    *     *
§ 289.281. Mineral resources.
                                                                (d) Daily and monthly operational records shall be
   (a) The operator shall isolate coal seams, [ and ] coal    retained for the life of the facility bond, or longer if
outcrops and coal refuse from combustible waste depos-        determined by the Department to be necessary to meet
its [ by barriers of natural and compacted soil that          the standards of the environmental protection acts. These
                                                              records shall be made available to the Department upon
are at least 25 feet thick. ] in a manner that                request.
prevents the combustion of the waste and that
prevents damage to the liner system.                          § 289.302.    [ Quarterly operation report ] (Re-
                                                                served).
                    *   *   *     *    *
§ 289.282. Gas control and monitoring.                          [ (a) An operator of a noncaptive facility shall
                                                              submit to the Department a quarterly report. The
                    *   *   *     *    *                      report shall be submitted on or before the 20th day
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4142                                        PROPOSED RULEMAKING

of April, July, October and January for the 3                  (2) If a remedy relies on access to or use of
months ending the last day of March, June, Septem-           properties owned by third parties, for remediation
ber and December. The report shall be submitted              or monitoring, documentation of cooperation or
on forms supplied by the Department.                         agreement.
  (b) The quarterly operational report shall include           Subchapter D. ADDITIONAL REQUIREMENTS
the following:                                                  FOR CLASS I RESIDUAL WASTE DISPOSAL
                                                                            IMPOUNDMENTS
  (1) The type and weight or volume of solid waste
received in each month of the reported quarter.                 ADDITIONAL APPLICATION REQUIREMENTS
  (2) The name, mailing address, county and state            § 289.412. Liner system and leachate control plan.
of each generator.                                                             *    *    *     *    *
  (3) For lined facilities, an analysis of the quality          (c) The application shall demonstrate that leachate will
and quantity of leachate flowing from the landfill           not adversely affect the physical or chemical characteris-
into the leachate storage and treatment system. ]            tics of the proposed liner system, or inhibit the liner’s
                                                             ability to restrict the flow of solid waste, solid waste
§ 289.303. Annual operation report.                          constituents or leachate, based on [ the most recent
                 *    *    *     *    *                      edition of EPA Method 9090 (Compatibility Test for
                                                             Wastes and Membrane Liners), or other docu-
  (b) The annual operation report, which shall be submit-    mented data. The most recent edition of EPA
ted on a form supplied by the Department, shall include      Method 9090 may obtained from the Department or
the following information:                                   from the National Technical Information Service
  (1) The weight or volume of each type of solid waste       (NTIS), United States Department of Commerce,
received. For noncaptive facilities, the report shall        Springfield, VA. 22161 ] EPA or ASTM Guidelines
include the average daily volume totals computed             approved by the Department.
in accordance with § 289.229 (relating to daily vol-            (d) The application shall include a complete description
ume).                                                        of the physical, chemical, mechanical and thermal proper-
                 *    *    *     *    *                      ties for the proposed primary and secondary liners, based
                                                             on ASTM methods when appropriate. Except to the extent
  (c) The annual operation report shall be accompanied       that the Department waives, in writing, one or more of
by a nonrefundable annual permit administration fee of       the following for nonsynthetic secondary liners, these
[ $2,500 ] $4,600 in the form of a check payable to the      properties shall include, at a minimum:
“Commonwealth of Pennsylvania.”
                                                                               *    *    *     *    *
                 *    *    *     *    *                        (19) Percent recycled material.
               CLOSURE PROVISIONS                              ADDITIONAL OPERATING REQUIREMENTS—
§ 289.312. Closure.                                                         GENERAL PROVISIONS
                 *    *    *     *    *                      § 289.422. Areas where Class I residual waste dis-
                                                               posal impoundments are prohibited.
  (b) At least 180 days before implementation of a
closure [ or partial closure ] plan, the operator shall        (a) Except for areas that were permitted prior to July
review its approved closure plan to determine whether        4, 1992, Class I residual waste disposal impoundments
the plan requires modification, and shall submit proposed    may not be operated:
changes to the Department for approval under § 287.222                         *    *    *     *    *
(relating to permit modification).
                                                               (4) In [ coal bearing ] areas underlain by recoverable
  (c) If groundwater degradation exists at closure           or mineable [ coals ] minerals, unless the operator of
or occurs after closure, a person shall meet one of
the following:                                               the facility demonstrates and the Department finds, in
                                                             writing, that the operator owns the underlying [ coal ]
 (1) Continue to implement an approved abate-                minerals. This requirement does not apply to the
ment plan.                                                   expansion of captive facilities permitted prior to
                                                             July 4, 1992.
  (2) Submit an application for a closure plan
modification in accordance with the procedures for                             *    *    *     *    *
a major permit modification. The operator shall
select one or more remediation standards that will             (7) [ Within ] If occupied dwellings are nearby,
be met in accordance with the final closure certifi-         the following apply:
cation requirements in § 287.342 (relating to final            (i) For a residual waste disposal impoundment
closure certification). The Department will accept           permit issued prior to              (Editor’s Note: The
the operator’s selection of remediation standards if         blank refers to the effective date of adoption of this
the requirements of subsection (d) are met.                  proposal), or for an expansion of a residual waste
  (d) An application for a clossure plan modifica-           disposal impoundment permitted prior to
tion shall include the following:                                     (Editor’s Note: The blank refers to the ef-
                                                             fective date of adoption of this proposal), or for a
  (1) Technical information and supporting docu-             captive residual waste disposal impoundment
mentation identifying the remediation activities             within 300 feet measured horizontally from an occupied
that will be conducted to meet and maintain the              dwelling, unless the owner thereof has provided a written
remediation standards.                                       waiver consenting to the facility being closer than 300
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                              PROPOSED RULEMAKING                                                   4143

feet. [ Except for facilities permitted prior to July 4,        (A) A building which is owned by a school district
1992, the ] The disposal area of a residual waste landfill    or school and used for instructional purposes.
may not be within 500 feet measured horizontally from           (B) A park.
an occupied dwelling, unless the owner thereof has              (C) A playground.
provided a written waiver consenting to the disposal area
being closer than 500 feet. A waiver shall be knowingly         (ii) The current property owner of a school build-
made and separate from a lease or deed unless the lease       ing, park or playground may waive the 300-yard
or deed contains an explicit waiver from the owner.           prohibition by signing a written waiver. Upon re-
                                                              ceipt of the waiver, the Department will waive the
  (ii) For a residual waste disposal impoundment,             300-yard prohibition and will not use the prohibi-
except for a captive residual waste disposal im-              tion as the basis for the denial of a new permit.
poundment, permit issued on or after            (Edi-
tor’s Note: The blank refers to the effective date of                        *  *   *    *   *
adoption of this proposal), within 300 yards mea-             § 289.423. Minimum requirements for acceptable
sured horizontally from an occupied dwelling, un-               waste.
less the owner of the dwelling has provided a
written waiver consenting to the facility being                 (a) A person or municipality may not dispose of re-
closer than 300 yards. A waiver shall be knowingly            sidual waste at a Class I residual waste disposal im-
made and separate from a lease or deed unless the             poundment unless the waste meets the following criteria:
lease or deed contains an explicit waiver from the                              *    *     *    *     *
owner.
                                                                (5) The physical characteristics of the waste will
                  *    *    *     *    *                      not cause or contribute to structural instability or
                                                              other operating problems at the site.
  (10) [ Within 25 feet of a coal seam, coal outcrop
or coal refuse, unless the applicant demonstrates                               *    *     *    *     *
that the waste is noncombustible.                                ADDITIONAL OPERATING REQUIREMENTS—
                                                                               LINER SYSTEM
  (11) ] ***
                                                              § 289.432. General limitations.
                  *    *    *     *    *
                                                                (a) [ At least 4 feet shall be maintained between
  [ (12) ] (11) If the facility receives or proposes to re-   the top ] The bottom of the subbase of the liner system
ceive putrescible waste:
                                                              [ and ] cannot be in contact with the seasonal high
  (i) Within 10,000 feet—or 3,048 meters—of an airport        water table or perched water table without the use of
runway [ that is or will be ] end used by [ turbine-          groundwater pumping systems.
powered ] turbojet aircraft during the life of disposal                         *    *     *    *     *
operations under the permit unless the operator can
demonstrate that the impoundment is designed and                 (2) Drainage systems may be utilized to [ maintain a
operated so that the impoundment does not pose a              4 foot isolation distance ] prevent contact between
bird hazard to aircraft.                                      the [ top ] bottom of the subbase of the liner system and
  (ii) Within 5,000 feet—or 1,524 meters—of an airport        the seasonal high water table or perched water table. The
                                                              operator may not use a drainage system if the system is
runway [ that is or will be ] end used by piston-type
                                                              likely to adversely affect the quality [ of ] or quantity of
aircraft during the life of disposal operations under the
permit unless the operator can demonstrate that the           water provided by a public or private water supply, even
impoundment is designed and operated so that the              if a replacement supply is available under § 289.255
impoundment does not pose a bird hazard to air-               (relating to water supply replacement). The drainage
craft.                                                        system shall be limited to drain tile, piping, french drains
                                                              or equivalent methods.
  (iii) For purposes of this subsection:                        (b) For unconfined aquifers, at least 8 feet shall be
  (A) Airport means a public-use airport open to              maintained between the [ top ] bottom of the subbase of
the public without prior permission and without               the liner system and the regional groundwater table. The
restrictions within the physical capacities of avail-         regional groundwater table may not be artificially low-
able facilities.                                              ered.
  (B) Bird hazard means an increase in the likeli-               (c) For confined aquifers, at least 8 feet shall be
hood of bird/aircraft collisions that may cause dam-          maintained between the [ top ] bottom of the subbase of
age to the aircraft or injury to its occupants.               the liner system and the top of the confining layer or the
                                                              shallowest level below the bottom of the subbase where
  (12) If a school, park or playground is nearby, the         groundwater occurs as a result of leakage from natural or
following apply:
                                                              other [ pre-existing ] preexisting causes. The integrity
  (i) Except for an expansion of a noncaptive re-             of the confining layer may not be compromised by excava-
sidual waste disposal impoundment permit issued               tion.
prior to         (Editor’s Note: The blank refers to
                                                                                *    *     *    *     *
the effective date of adoption of this proposal), for
a noncaptive residual waste disposal impoundment              § 289.433. Subbase.
permit issued on or after                  (Editor’s
                                                                                *    *     *    *     *
Note: The blank refers to the effective date of
adoption of this proposal), within 300 yards of the             (b) Unless alternative design requirements to meet the
following:                                                    performance standards in subsection (a) are approved as
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4144                                           PROPOSED RULEMAKING

part of the permit under § 287.231 (relating to equiva-           ADDITIONAL OPERATING REQUIREMENTS—
lency review procedure), the subbase shall meet the                         LEACHATE TREATMENT
following design requirements. The subbase shall:              § 289.454. Leachate recirculation.
                     *   *   *     *    *                        (a) ***
  [ (2) Have a minimum bearing capacity of 4,500                (b) An alternate leachate recirculation method
pounds per square foot plus the total applied load             may be used if approved by the Department.
in pounds per square foot.
                                                               § 289.455. Leachate collection and storage.
  (3) ] (2) ***
                                                                                 *    *    *     *    *
§ 289.434. Secondary liner.
                                                                  (b) An onsite leachate storage system shall be part of
                     *   *   *     *    *                      each leachate treatment method used by the operator.
                                                               The storage system shall contain impoundments or tanks
   (b) Design requirements. Unless alternative design re-
quirements to meet the performance standards in subsec-        for storage of leachate. [ The ] For noncaptive facil-
tion (a) as part of the permit under § 287.231 (relating to    ities, the tanks or impoundments shall have a storage
equivalency review procedure) are approved, the second-        capacity at least equal to the maximum expected produc-
ary liner shall meet, at the minimum, the requirements         tion of leachate for a 30-day period for the life of the
of Appendix A, Table I (relating to minimum liner design       facility estimated under § 289.413 (relating to leachate
standards).                                                    treatment plan). For captive facilities, the tank or
                                                               impoundment shall have sufficient storage capacity
                     *   *   *     *    *                      to ensure proper operation of the treatment facility
§ 289.435. Leachate detection zone.                            in accordance with the approved leachate treat-
                                                               ment plan, shall meet the performance standard in
                     *   *   *     *    *                      § 289.438(a)(1) (relating to leachate collection sys-
   (b) Unless alternative design requirements to meet the      tem within protective cover) and shall comply with
performance standards in subsection (a) are approved as        The Clean Streams Law. No more than 25% of the total
part of the permit under § 287.231 (relating to equiva-        leachate storage capacity may be used for flow equaliza-
lency review procedure), the leachate detection zone of a      tion on a regular basis.
liner system shall meet the following design require-                            *    *    *     *    *
ments. The leachate detection zone shall:
                                                                 (d) The storage capacity of impoundments and tanks at
                     *   *   *     *    *                      a site shall be increased, if additional storage is
  (5) The piping system shall also meet the following          required, prior to each major phase of construction and
requirements:                                                  as otherwise necessary.

                     *   *   *     *    *                                        *    *    *     *    *
                                                                 (g) All underground pipes used for the transport
  (ii) [ The distance between pipes in the piping              of leachate from the liner system to the leachate
system may not exceed 100 feet on center.                      storage impoundments or tanks shall be equipped
  (iii) ] ***                                                  with secondary containment. The secondary con-
                                                               tainment shall be designed, constructed and in-
  [ (iv) ] (iii) ***                                           stalled to direct any release to an area that can be
                                                               inspected for leaks.
  [ (v) ] (iv) ***
                                                               § 289.456. Leachate analysis and sludge handling.
                     *   *   *     *    *
                                                                 (a) Upon commencement of leachate flow from the
  (f) If sampling results indicate the presence of constitu-   facility, the operator shall sample, analyze and maintain
ents at concentrations that could result in [ exceedance       a record of the following:
of mandatory abatement trigger levels for the facil-                             *    *    *     *    *
ity ] groundwater degradation at a monitoring well,
the operator shall:                                              (2) On a quarterly basis unless otherwise provided in
                                                               the permit, the chemical composition of leachate flowing
  (1) Submit a remedial plan for controlling the source of     into the leachate treatment system. The analysis shall be
leachate in the leachate detection zone and correcting a       sufficient to determine the impact of leachate on the liner
malfunction or defect in the liner system, and imple-          system, the effectiveness of the leachate treatment sys-
ment the plan upon Department approval.                        tem, the need for modification of the groundwater moni-
                     *   *   *     *    *                      toring system or the effluent limitations in an NPDES
                                                               permit and the actual characteristics of leachate from the
§ 289.436. Primary liner.                                      waste disposed at the facility. For the purpose of this
                     *   *   *     *    *                      analysis, the leachate sample shall be collected from the
                                                               influent storage tank or impoundment and shall be
   (b) Design requirements. Unless alternative design          representative of the average mixed influent leachate
standards to meet the performance standards in subsec-         quality. The Department may modify the frequency
tion (a) are approved as part of the permit under              of chemical analysis or not require certain constitu-
§ 287.231 (relating to equivalency review procedure), the      ents to be tested following four consecutive quar-
primary liner shall meet, at the minimum, the require-         ters of analysis if the operator demonstrates that
ments of Appendix A, Table I (relating to minimum liner        modifying the frequency of chemical analysis will
design standards).                                             not compromise groundwater protection.
                     *   *   *     *    *                                        *    *    *     *    *
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                              PROPOSED RULEMAKING                                                  4145

Subchapter E. ADDITIONAL REQUIREMENTS FOR                     made and separate from a lease or deed unless the lease
     CLASS II RESIDUAL WASTE DISPOSAL                         or deed contains an explicit waiver from the owner.
               IMPOUNDMENTS                                     (ii) For a residual waste disposal impoundment,
  ADDITIONAL APPLICATION REQUIREMENTS                         except for a captive residual waste disposal im-
                                                              poundment, permit issued on or after            (Edi-
§ 289.512. Liner system and leachate control plan.            tor’s Note: The blank refers to the effective date of
                  *    *    *     *    *                      adoption of this proposal), within 300 yards mea-
                                                              sured horizontally from an occupied dwelling, un-
   (c) The application shall demonstrate that leachate will
                                                              less the owner of the dwelling has provided a
not adversely affect the physical or chemical characteris-
                                                              written waiver consenting to the facility being
tics of the proposed liner system, or inhibit the liner’s
                                                              closer than 300 yards. A waiver shall be knowingly
ability to restrict the flow of solid waste, solid waste
                                                              made and separate from a lease or deed unless the
constituents or leachate based on [ the most recent           lease or deed contains an explicit waiver from the
edition of EPA Method 9090, (Compatibility Test for           owner.
Wastes and Membrane Liners) or other documented
data. The most recent edition of EPA Method 9090                                *    *    *     *    *
can be obtained from the Department or from the                 (10) [ Within 25 feet of a coal seam, coal outcrop
National Technical Information Service (NTIS),                or coal refuse, unless the applicant demonstrates
United States Department of Commerce, Spring-                 that the waste is noncombustible.
field, VA 22161 ] EPA or ASTM Guidelines approved
by the Department.                                              (11) ] ***
   (d) The application shall include a complete description                     *    *    *     *    *
of the physical, chemical, mechanical and thermal proper-       [ (12) ] (11) If the facility receives or proposes to re-
ties for the proposed liner, based on ASTM methods when       ceive putrescible waste:
appropriate. These properties shall include, at a mini-
mum:                                                            (i) Within 10,000 feet—or 3,048 meters—of an airport
                                                              runway [ that is or will be ] end used by [ turbine-
                  *    *    *     *    *
                                                              powered ] turbojet aircraft during the life of disposal
  (19) Percent recycled material.                             operations under the permit unless the operator can
             ADDITIONAL OPERATING                             demonstrate that the impoundment is designed and
            REQUIREMENTS—GENERAL                              operated so that the impoundment does not pose a
                                                              bird hazard to aircraft.
§ 289.522. Areas where Class II residual waste dis-
  posal impoundments are prohibited.                            (ii) Within 5,000 feet—or 1,524 meters—of an airport
                                                              runway [ that is or will be ] end used by piston-type
  (a) Except for areas that were permitted prior to July      aircraft during the life of disposal operations under the
4, 1992[ . ], Class II residual waste disposal impound-       permit unless the operator can demonstrate that the
ments may not be operated as follows:                         impoundment is designed and operated so that the
                  *    *    *     *    *                      impoundment does not pose a bird hazard to air-
                                                              craft.
  (4) In [ coal bearing ] areas underlain by recoverable        (iii) For purposes of this subsection:
or mineable [ coals ] minerals, unless the operator of
                                                                (A) “Airport” means public-use airport open to
the facility demonstrates and the Department finds, in
                                                              the public without prior permission and without
writing, that the operator owns the underlying [ coal ]       restrictions within the physical capacities of avail-
minerals. This requirement does not apply to the              able facilities.
expansion of captive facilities permitted prior to
July 4, 1992.                                                   (B) “Bird hazard” means an increase in the likeli-
                                                              hood of bird/aircraft collisions that may cause dam-
                  *    *    *     *    *                      age to the aircraft or injury to its occupants.
  (7) [ Within ] If occupied dwellings are nearby,              (12) If a school, park or playground is nearby, the
the following apply:                                          following apply:
  (i) For a residual waste disposal impoundment                 (i) Except for an expansion of a noncaptive re-
permit issued prior to              (Editor’s Note: The       sidual waste disposal impoundment permit issued
blank refers to the effective date of adoption of this        prior to           (Editor’s Note: The blank refers to
proposal), or for an expansion of a residual waste            the effective date of adoption of this proposal), for
disposal impoundment permitted prior to                       a noncaptive residual waste disposal impoundment
          (Editor’s Note: The blank refers to the ef-         permit issued on or after                       (Editor’s
fective date of adoption of this proposal), or for a          Note: The blank refers to the effective date of
captive residual waste disposal impoundment                   adoption of this proposal), within 300 yards of the
within 300 feet measured horizontally from an occupied        following:
dwelling, unless the owner thereof has provided a written       (A) A building which is owned by a school district
waiver consenting to the facility being closer than 300       or school and used for instructional purposes.
feet. [ Except for facilities permitted prior to July 4,        (B) A park.
1992, the ] The disposal area of a residual waste landfill
may not be within 500 feet measured horizontally from           (C) A playground.
an occupied dwelling, unless the owner thereof has              (ii) The current property owner of a school build-
provided a written waiver consenting to the disposal area     ing, park or playground may waive the 300-yard
being closer than 500 feet. A waiver shall be knowingly       prohibition by signing a written waiver. Upon re-
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4146                                            PROPOSED RULEMAKING

ceipt of the waiver, the Department will waive the               or groundwater degradation that exceeds background
300-yard prohibition and will not use the prohibi-               levels at the property boundary for a contaminant.
tion as the basis for the denial of a new permit.                                  *    *    *     *    *
  (b) The Department may waive or modify one or more
                                                                   (11) The physical characteristics of the waste will
of the isolation distances in subsection (a)(1), (5), (7), (8)
                                                                 not cause or contribute to structural instability or
and (11) for expansions of captive facilities if the operator
                                                                 other operating problems at the site.
of the captive facility demonstrates the following to the
Department’s satisfaction:                                                         *    *    *     *    *
  [ (i) ] (1) ***                                                   ADDITIONAL OPERATING REQUIREMENTS—
                                                                                  LINER SYSTEM
  [ (ii) ] (2) ***
                                                                 § 289.532. General limitations.
  [ (iii) ] (3) ***
                                                                   (a) [ At least 4 feet shall be maintained between
  [ (iv) ] (4) ***                                               the top ] The bottom of the subbase of the liner system
  [ (v) ] (5) ***                                                [ and ] cannot be in contact with the seasonal high
                                                                 table or perched water table without the use of groundwa-
  [ (vi) ] (6) ***                                               ter pumping systems.
                  *  *   *   *   *                                                 *    *    *     *    *
§ 289.523.    Minimum requirements for acceptable                   (2) Drainage systems may be utilized to [ maintain a
  waste.
                                                                 4-foot isolation distance ] prevent contact between
  (a) A person or municipality may not dispose of                the [ top ] bottom of the subbase of the liner system and
residual waste at a Class II residual waste disposal             the seasonal high water table or perched water table. The
impoundment unless the waste meets the following crite-          operator may not use a drainage system if the system is
ria:                                                             likely to adversely affect the quality or quantity of water
  (1) The residual waste may not be of a type from               provided by a public or private water supply, even if a
which the maximum concentration obtained for a con-              replacement supply is available under § 289.255 (relating
taminant, based on a chemical analysis of its leachate           to water supply replacement). The drainage system shall
submitted under § 287.132 (relating to chemical analysis         be limited to drain tile, piping, french drains or equiva-
of waste), and approved by the Department, exceeds 50            lent methods.
times the [ drinking water standard ] waste classifi-              (b) For unconfined aquifers, at least 8 feet shall be
cation standard for that contaminant. If analytical              maintained between the [ top ] bottom of the subbase of
quantitation limits prevent determination of the accept-         the liner system and the regional groundwater table. The
ability of a residual waste under this paragraph, the            regional groundwater table may not be artificially low-
Department may consider the total analysis of the waste          ered.
as well as the physical and chemical characteristics of the
contaminant in making a determination of acceptability of          (c) For confined aquifers, at least 8 feet shall be
the waste at the facility.                                       maintained between the [ top ] bottom of the subbase of
   (2) Notwithstanding the limitation in paragraph (1),          the liner system and the top of the confining layer or the
the Department may authorize the disposal of residual            shallowest level below the bottom of the subbase where
waste at a monofill if the waste is of a type from which         groundwater occurs as a result of leakage from natural or
the maximum concentration obtained for a contaminant,            other preexisting causes. The integrity of the confining
based on a chemical analysis of its leachate submitted           layer may not be compromised by excavation.
under § 287.132, exceeds 50 times the SMCL for that                                *    *    *     *    *
contaminant if the SMCL is the [ groundwater param-
                                                                 § 289.534. Leachate detection zone.
eter ] waste classification standard for the contami-
nant. The Department may authorize the disposal of the                             *    *    *     *    *
waste only upon a demonstration that disposal of the                (b) Unless alternative design requirements to meet the
waste at the facility will not cause groundwater degrada-        performance standards in subsection (a) are approved as
tion that exceeds the SMCL for a contaminant at a                part of the permit under § 287.231 (relating to equiva-
monitoring point or groundwater degradation that ex-             lency review procedure), the leachate detection zone of a
ceeds background levels at the property boundary for the         liner system shall meet the following design require-
contaminant.                                                     ments. The leachate detection zone shall:
                      *   *   *     *    *                                         *    *    *     *    *
  (4) The Department may authorize a facility which                (4) Contain a perforated piping system capable of
disposes of a waste in accordance with a permit under            detecting and intercepting liquid within the leachate
this article to continue to dispose of the waste at the          detection zone and conveying the liquid to a collection
facility although a [ groundwater parameter ] waste              sump for storage, processing or disposal. The sump shall
classification standard for a contaminant has been               be separate from the leachate collection sump and shall
changed so that the waste would no longer meet the               be of a sufficient size to transmit leachate that is
criteria for disposal of the waste at the facility under         generated. The piping system shall also meet the follow-
paragraph (1), if the operator of the facility demonstrates      ing requirements:
to the Department’s satisfaction that disposal of the
                                                                                   *    *    *     *    *
waste will not cause groundwater degradation that ex-
ceeds the [ groundwater parameter ] waste classifi-                (ii) [ The distance between pipes in the piping
cation standard for a contaminant at a monitoring point          system may not exceed 100 feet on center.
                                  PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                 PROPOSED RULEMAKING                                                 4147

  (iii) ] ***                                                   impoundment shall have sufficient storage capacity
                                                                to ensure proper operation of the treatment facility
  [ (iv) ] (iii) ***                                            in accordance with the approved leachate treat-
  [ (v) ] (iv) ***                                              ment plan, shall meet the performance standards in
                                                                § 289.537(a)(1) (relating to leachate collection sys-
                   *    *    *     *     *                      tem within protective cover) and shall comply with
  (f) If sampling results indicate the presence of constitu-    The Clean Streams Law. No more than 25% of the total
ents at concentrations that could result in [ exceedance        leachate storage capacity may be used for flow equaliza-
                                                                tion on a regular basis.
of mandatory abatement trigger levels for the facil-
ity ] groundwater degradation, the operator shall                                 *    *    *     *    *
submit the following to the Department:                           (d) The storage capacity of impoundments and tanks at
  (1) A remedial plan for controlling the source of             a site shall be increased, if additional storage is
leachate in the leachate detection zone and correcting a        required, prior to each major phase of construction and
malfunction or defect in that liner system, and                 as otherwise necessary.
implement the plan upon Department approval.                                      *    *    *     *    *
                  *     *    *     *    *
                                                                  (g) All underground pipes used for the transport
§ 289.535. Liner.                                               of leachate from the liner system to the leachate
                *       *    *     *     *                      storage impoundments or tanks shall be equipped
                                                                with secondary containment. The secondary con-
   (b) Alternative design requirements. Unless alternative      tainment shall be designed, constructed and in-
design requirements to meet the performance standards           stalled to direct any release to an area that can be
in subsection (a) are approved as part of the permit under      inspected for leaks.
§ 287.231 (relating to equivalency review procedure), the
liner shall meet, at the minimum, the requirements of           § 289.556. Leachate analysis and sludge handling.
Appendix A, Table II (relating to minimum liner design            (a) Upon commencement of leachate flow from the
standards).                                                     facility, the operator shall sample, analyze and maintain
                   *    *    *    *     *                       a record of the following:
    ADDITIONAL OPERATING REQUIREMENTS—                                            *    *    *     *    *
                LEACHATE TREATMENT
                                                                  (2) On a quarterly basis, unless otherwise specified in
§ 289.554. Leachate recirculation.                              the permit, the chemical composition of leachate flowing
   (a) ***                                                      into the leachate treatment system. The analysis shall be
                                                                sufficient to determine the impact of leachate on the liner
                   *    *    *    *     *                       system, the effectiveness of the leachate treatment sys-
   (b) An alternate leachate recirculation method               tem, the need for modification of the groundwater moni-
may be used if approved by the Department.                      toring system or the effluent limitations in an NPDES
                                                                permit, and the actual characteristics of leachate from the
§ 289.555. Leachate collection and storage.
                                                                waste disposed at the facility. For the purpose of the
                   *    *    *    *     *                       analysis, the leachate sample shall be collected from the
   (b) An onsite leachate storage system shall be part of       influent storage tank or impoundment and shall be
each leachate treatment method used by the operator.            representative of the average mixed influent quality. The
The storage system shall contain impoundments or tanks          Department may modify the frequency of chemical
                                                                analysis or not require certain constituents to be
for storage of leachate. [ The ] For noncaptive facil-
                                                                tested following four consecutive quarters of analy-
ities, the tanks or impoundments shall have a storage           sis if the operator demonstrates that modifying the
capacity at least equal to the maximum expected produc-         frequency of chemical anaylsis will not compromise
tion of leachate for a 30-day period for the life of the        groundwater protection.
facility estimated under § 289.513 (relating to leachate
treatment plan). For captive facilities, the tank or                              *    *    *     *    *
                                                 APPENDIX A
                                                   TABLE I
                                       MINIMUM LINER DESIGN STANDARDS
                                             MINIMUM
                                             FIELD
                                             THICKNESS         LINER DENSITY
 LINER                                       (UNITS AS         (TESTS AS
 MATERIAL              FUNCTION              SPECIFIED)        SPECIFIED)         REMARKS

 Geomembranes          Primary or            [ 50 ] 30 mil     N/A                1. A greater thickness may be required
                       Secondary Liner                                            depending upon the recommendations
                                                                                  of the manufacturer. HDPE liners
                                                                                  shall be at least 60 mil.

 Geomembranes          [ Secondary           [ 50 ] 30 mil     N/A                1. A greater thickness may be required
                       Liner, ]                                                   depending upon the recommendations
                       Cap                   [ 40 mil ]                           of the manufacturer.

                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4148                                       PROPOSED RULEMAKING

Natural &          Secondary Liner,    2 feet              90%*            1. Minimum of 30% fines by weight less
Remolded Clay      Cap,                2 feet              90%*            than 0.074 mm particle size (#200
                   Composite           1 foot              90%*            sieve).
                   Component                                               2. Plasticity Index greater than or
                                                                           equal to 10.
                                                                           3. No coarse fragments greater than 3/4
                                                                           inch in diameter.

Sodium bentonite   Secondary Liner,    2 feet              90%*            1. Minimum of 8% powdered sodium
& Bentonite-like   Cap,                2 feet              90%*            bentonite or manufacturer’s
materials/soil     Composite           1 foot              90%*            recommendations, whichever is greater.
mixtures           Component                                               2. No coarse fragments greater than
                                                                           3/4 inch in diameter.
                                                                           3. No organic matter.
                                                                           4. Coarse fragment content (those
                                                                           materials greater than 4.76 mm. in
                                                                           diameter) shall not exceed 10% by
                                                                           weight.

[ Prefabricated Composite              [ 1/4 inch ] N/A   N/A              1. Minimum of [ one ] 3/4 pound of
Clay Mats ]      Component                                                 powdered or granular sodium
Geosynthetic                                                               bentonite per square foot.
clay liner (GCL)

* Percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).

                                                 TABLE II
                                      MINIMUM LINER DESIGN STANDARDS
                                       MINIMUM
                                       FIELD
                                       THICKNESS          LINER DENSITY
LINER                                  (UNITS AS          (TESTS AS
MATERIAL           FUNCTION            SPECIFIED)         SPECIFIED)       REMARKS

Geomembranes       Liner Cap           [ 50 ] 30 mil      N/A              1. A greater thickness may be required
                                       [ 40 mil ]                          depending upon the recommendations
                                                                           of the manufacturer. HDPE liners
                                                                           shall be at least 60 mil.

Natural &          Cap,                2 feet              90%*            1. Minimum of 30% fines by weight
Remolded Clay      Composite           1 foot              90%*            less than 0.074 mm particle size (#200
                   Component                                               sieve).
                                                                           2. Plasticity Index greater than or
                                                                           equal to 10.
                                                                           3. No coarse fragments greater than
                                                                           3/4 inch in diameter.

Sodium bentonite   Cap,                2 feet              90%*            1.Minimum of 8% powdered sodium
& Bentonite-like   Composite           1 foot              90%*            bentonite or manufacturer’s
materials/soil     Component                                               recommendations, whichever is greater.
mixtures                                                                   2. No coarse fragments greater than 3/4
                                                                           inch in diameter.
                                                                           3. No organic matter.
                                                                           4. Coarse fragment content (those
                                                                           materials greater than 4.76 mm. in
                                                                           diameter), shall not exceed 10% by
                                                                           weight.

[ Prefabricated Composite              [ 1/4 inch ] N/A   N/A              1. Minimum of [ one ] 3/4 pound of
Clay Mats ]      Component                                                 powdered or granular sodium
Geosynthetic                                                               bentonite per square foot.
clay liner (GCL)

* Percentage of maximum when using Standard Proctor method of design (Pa. PTM No. 106, Method B).



                            PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                            PROPOSED RULEMAKING                                                      4149

    CHAPTER 291. LAND APPLICATION OF                         ating under a permit that allows use of the loading
             RESIDUAL WASTE                                  rate guidelines for land reclamation or surface land
    Subchapter B. GENERAL APPLICATION                        disposal, in which case the person or municipality
 REQUIREMENTS FOR THE LAND APPLICATION                       shall comply with the applicable guidelines for the
            OF RESIDUAL WASTE                                operation ] land application.
§ 291.101. General.                                            (4) If the residual waste contains human waste,
                                                             and exceeds the pathogen and vector attraction
  (a) An application for the land application of residual    reduction requirements in § 271.911(b) (relating to
waste shall:                                                 exceptional quality sewage sludge), the residual
                 *     *    *    *   *                       waste land application operation shall comply with
                                                             the operating requirements of this chapter and
  (4) Be considered an application for [ surface land        Chapter 271, Subchapter J (relating to beneficial
disposal unless the applicant demonstrates to the            use).
Department that the residual waste will be applied
for ] agricultural utilization or land reclamation.                             *     *     *    *    *
                                                                (d) Residual waste may not be applied to the land
                   *   *  *    *   *
                                                             if it is likely to adversely affect a Federal or
§ 291.102. Operating plan.                                   Pennsylvania threatened or endangered species, or
  An application shall contain a narrative description       its designated critical habitat, listed under or un-
explaining the following:                                    der section 4 of the Endangered Species Act (16
                                                             U.S.C.A. § 1533), section 2305 of the Fish and Boat
  (1) Whether the proposed operation is for agricultural     Code, 30 Pa.C.S. § 2305, or the Game and Wildlife
utilization[ , ] or land reclamation [ or surface land       Code, 34 Pa.C.S.
disposal ] of residual waste.                                   (e) Residual waste may not be applied to a site
                  *     *    *    *     *                    that is flooded, frozen, or snow-covered, except as
                                                             expressly provided in the permit.
§ 291.103. Maps and related information.
                                                             § 291.202. Areas where the land application of re-
  (a) An application shall contain a topographic map on a       sidual waste is prohibited.
scale in which 1 inch equals no more than 400 feet,
including necessary narrative descriptions, which show          (a) Except for areas permitted by the Department prior
the following:                                               to the effective date of these regulations, the land applica-
                                                             tion of residual waste may not be conducted as follows:
                  *     *    *    *     *
                                                                                *     *     *    *    *
  (5) The location and name of public and private water
[ supplies ] sources and wells within the isolation            (2) Within 300 feet of a water source unless [ other-
distances set forth in § 291.202 (relating to areas where    wise approved by the Department, in writing ] the
the land application of residual waste is prohibited).       current owner of this water source has provided a
                  *     *    *    *     *                    written waiver consenting to the activities closer
                                                             than 300 feet. This paragraph does not apply to
  (8) [ For surface land disposal sites, the location        features that may come into existence after the
of the permanent physical markers for the grid               dates upon which adjacent landowner notification
coordinate system.                                           is given under § 287.151(b) (relating to public no-
                                                             tice by applicant).
  (9) ] (8) ***
               *    *    *     * *
                                                              [ (3) Within 1,000 feet upgradient of a surface
                                                             water source unless otherwise approved by the
       Subchapter C. GENERAL OPERATING                       Department, in writing.
 REQUIREMENTS FOR THE LAND APPLICATION
              OF RESIDUAL WASTE                                (4) Within 25 feet of a bedrock outcrop.
                    GENERAL                                    (5) Within 50 feet of a property line within which
                                                             the residual waste is applied, unless the owner has
§ 291.201. General provisions.                               provided a written consent to the land application
                  *   *    *     *    *                      being closer than 50 feet. The waiver shall be
                                                             knowingly made and separate from a lease or deed
  (b) A person or municipality that owns or operates a       unless the lease or deed contains an explicit waiver
land application facility for residual waste shall comply    from the owner.
with the following:
  (1) The requirements of the act, this subchapter and         (6) ] (3) Within 100 feet of a sinkhole    [ or area drain-
the additional operating requirements for the specific       ing into a sinkhole.
type of operation that are in Subchapter D[ , ] or E [ or     (7) Within 25 feet of the perimeter of an
F ] (relating to additional requirements for the agricul-    undrained depression.
tural utilization of residual waste; and additional re-        (8) ] (4) ***
quirements for land reclamation [ ; and additional
requirements for the surface land disposal of re-              [ (9) ] (5) ***
sidual waste ] ).                                              [ (10) For the surface land disposal of residual
                  *   *    *     *    *                      waste, within the 100-year floodplain of waters of
                                                             this Commonwealth. ]
   (3) The Department guidelines for [ agricultural uti-
lization, unless the person or municipality is oper-                           *     *    *     *     *
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4150                                           PROPOSED RULEMAKING

§ 291.203. Limitations on land application of re-                (b) The operator shall also [ prevent ] control and
  sidual waste.                                                [ eliminate ] minimize conditions not otherwise prohib-
  (a) Residual waste may not be applied to land where          ited by this subchapter that are harmful to the environ-
the regional groundwater table is less than [ four ] 3.3       ment or public health, or which create safety hazards,
feet from the surface.                                         odors, dust, noise, unsightliness and other public nui-
                                                               sances.
                  *    *     *     *    *
                                                                       RECORDKEEPING AND REPORTING
  (d) Unless otherwise approved by the Department in
writing, residual waste may not be applied to land where       § 291.221. Daily operational records.
[:                                                                              *     *    *    *     *
  (1) Root ] root vegetables or vegetables which are             (b) The daily operational record shall include the fol-
eaten raw are grown or will be grown [ within 2 years ].       lowing:
                                                                                *     *    *    *     *
  [ (2) Tobacco is grown or will be grown. ]
                                                                (9) A description of waste handling problems or
                  *    *     *     *    *                      emergency disposal facilities.
  (g) Livestock may not be allowed to graze [ for at                            *     *    *    *     *
least 2 months after the application of residual
                                                               § 291.222. Annual operation report.
waste ] on areas where the residual waste is visible
on the vegetation or the surface of the ground,                                 *     *    *    *     *
unless otherwise approved by the Department in writing.          (b) The annual operation report, which shall be submit-
§ 291.205. Erosion control.                                    ted on a form supplied by the Department, shall include
                                                               the following:
                  *    *     *     *    *
                                                                                *     *    *    *     *
  (c) For agricultural utilization [ and surface land
disposal ], rills and gullies shall be filled, graded or          (6) For agricultural utilization [ and surface land
otherwise stabilized and, when necessary, the area re-         disposal ] facilities which have received residual waste
seeded or replanted, when rills or gullies deeper than 3       in the calendar year, a chemical analysis of soil for each
inches form in areas where residual waste has been             field or soil series at the facility for pH, phosphorus,
applied or stored.                                             cadmium, zinc, copper, nickel, lead, chromium, mercury
                                                               and any other constituents contained in the waste that
                  *    *     *     *    *
                                                               may be leached into the environment, as determined
§ 291.207. Water supply replacement.                           under § 287.132 (relating to chemical analysis of waste),
  (a) An operator which adversely affects a water supply       unless otherwise specified by the Department in the
by degradation, pollution or other means shall re-             permit. The procedure for soil sampling and analysis
store the affected supply at no additional cost to the         shall be consistent with the Department guidelines.
owner or replace the affected water supply with an               (7) [ A written update of the total bond liability
alternate source that is of like quantity and quality to the   for the facility under § 287.331 (relating to bond
original supply at no additional cost to the owner.            amount determination), for surface land disposal of
                  *    *     *     *    *                      residual waste. If additional bond is determined to
                                                               be necessary, it shall be submitted to the Depart-
  (d) Permanent water supplies include develop-                ment within 90 days after the annual report is due.
ment of a new well with a distribution system,
interconnection with a public water supply or ex-                (8) ] * * *
tension of a private water supply, but do not in-
clude provision of bottled water or a water tank                                *     *    *    *     *
supplied by a bulk water hauling system, which are               (d) The annual operation report shall be accompanied
temporary water supplies.                                      by a nonrefundable annual permit administration fee in
§ 291.209.   [ Permit area markers ] (Reserved).               the form of a check payable to the “Commonwealth of
                                                               Pennsylvania” for the following amounts:
  [ (a) Permit area markers shall be:                            (1) [ Three ] Six hundred dollars for the agricultural
  (1) Posted prior to, and maintained for the dura-            utilization of residual waste.
tion of, land application operations at the site.
                                                                 (2) [ Fifteen ] Nineteen hundred dollars for land rec-
  (2) Clearly visible, readable and uniform through-           lamation [ and surface land disposal ] of residual
out land application operations.                               waste.
  (b) Permit area markers for the surface land                                  *     *    *    *     *
disposal of residual waste shall also be perma-
nently fixed and made of a durable material, and                 Subchapter D. ADDITIONAL REQUIREMENTS
shall be maintained through the postclosure care                  FOR THE AGRICULTURAL UTILIZATION OF
period. ]                                                                     RESIDUAL WASTE
§ 291.210. Nuisance control.                                     ADDITIONAL APPLICATION REQUIREMENTS
                                                               § 291.301. Additional application requirements.
  (a) The operator [ may not cause or allow ] shall
control and minimize the attraction, harborage or                In addition to the requirements of Subchapter B (relat-
breeding of vectors.                                           ing to general application requirements for the land
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                 4151

application of residual waste), an application for a permit       (5) ] (4) Soil pH shall be 6.5 or greater prior to land
for agricultural utilization of residual waste shall include    application, unless the Department allows the operator to
the following:                                                  increase pH by application of residual waste or other
                   *     *    *     *    *                      material. [ In that case, soil pH shall be 6.5 or
   [ (4) If the seasonal high water table is less than          greater within 6 months following the first applica-
                                                                tion of residual waste.
20 inches under § 291.312(3) (relating to site char-
acteristics), the application shall include data pub-             (6) ] (5) Except as provided in paragraph [ (5) ] (6),
lished in peer reviewed professional journals dem-              soil pH shall be maintained at 6.5 or greater for the life
onstrating that the proposed operation will not                 of land application operations [ and for 2 additional
degrade air, soil, water, vegetation or other natural           years following the last application of residual
resources and can be accomplished in a normal
                                                                waste to the site ].
farming operation using best agricultural manage-
ment practices. ]                                                 [ (7) ] (6) ***
    ADDITIONAL OPERATING REQUIREMENTS                           § 291.314. [ Weather ] (Reserved).
§ 291.311. General requirements.
                                                                  [ (a) A person or municipality may not apply
  (a) In addition to the requirements of Subchapter C           residual waste when the ground is saturated or
(relating to general operating requirements for the land        covered with snow, or during periods of rain.
application of residual waste), a person or municipality
that applies residual waste for agricultural utilization          (b) A person or municipality may not apply re-
shall comply with this section and §§ 291.312—291.316,          sidual waste when the ground is frozen, unless the
unless the person or municipality has obtained a permit         Department has approved the application in the
from the Department for land reclamation [ or surface           permit and the following conditions exist:
land disposal ]. In that case, the person or municipality         (1) The slopes at the site do not exceed 3.0%.
shall comply with the applicable provisions of Subchapter
                                                                  (2) The site contains sufficient vegetation or a
E [ or F ] (relating to additional requirements for land        well-established cover crop to prevent runoff of
reclamation[ ; and additional requirements for the              residual waste.
surface land disposal of residual waste ]).
                                                                 (3) Application of residual waste is consistent
                   *     *   *     *    *                       with Department guidelines for winter application.
§ 291.312. Site characteristics.                                  (4) No residual waste storage capacity or other
  A person or municipality may not apply residual waste         means of storage or disposal exists at the generat-
to a site unless the site complies with the following:          ing facility. ]
                   *     *   *     *    *                       § 291.315. Water quality monitoring.
  (2) [ The soils shall have a minimum depth from                 If required by the Department, based upon the waste
surface to bedrock of 20 inches.                                and site characteristics, the operator shall conduct
  (3) ] The site shall have a minimum depth from                groundwater monitoring [ that meets the require-
surface to seasonal high water table of [ 20 ] 11 inches.       ments of §§ 291.521—291.528 (relating to groundwa-
                                                                ter monitoring), or another plan for accurately
[ The operator may establish this minimum depth                 monitoring groundwater that is approved in the
through the use of a tile drain system, if approved
                                                                permit ] and accurately characterize background
by the Department in the permit. However, the
Department may approve a minimum depth of 12                    groundwater quality at the facility.
inches for food processing sludges containing no                § 291.316. Soil-pore water monitoring.
domestic sewage.
                                                                  If required by the Department, based upon the waste
 (4) ] (3) Slopes to be utilized for agricultural utilization   and site characteristics, the operator shall conduct
may not exceed 25%, unless otherwise approved in                soil-pore water monitoring [ that meets the require-
writing by the Department [ 15%, except as follows:             ments of § 291.515 (relating to soil-pore water moni-
   (i) Slopes up to 20% may be approved in the                  toring), or another plan for accurately monitoring
permit for the surface application of residual waste            soil-pore water that is approved in the permit ] and
to well established hayfields, pastures and cover               accurately characterize soil-pore water at the facil-
crops, or on no-till crops where the previous no-till           ity.
crop was harvested in a manner that left adequate               Subchapter E. ADDITIONAL REQUIREMENTS FOR
residue.                                                                      LAND RECLAMATION
   (ii) Slopes up to 25% may be approved in the
permit for the subsurface injection of residual                    ADDITIONAL OPERATING REQUIREMENTS
waste if the following are met:                                 § 291.412. Site characteristics.
   (A) The residual waste is applied to well estab-               A person or municipality may not apply residual waste
lished hayfields, pastures and cover crops, or on               under a land reclamation permit unless the site complies
no-till crops where the previous no-till crop was               with the following:
harvested in a manner that left adequate residue.
   (B) The injection unit is capable of uniformly                 (1) Slopes to be utilized for residual waste application
injecting the residual waste beneath the surface on             may not exceed [ 20% ] 35%, unless otherwise ap-
the slope to prevent ponding, runoff and other                  proved in writing by the Department. [ The Depart-
nuisances.                                                      ment may approve slopes of up to 35% in the permit
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4152                                        PROPOSED RULEMAKING

if the applicant demonstrates to the Department’s              (4) The location and name of public and private water
satisfaction that the slopes will not cause erosion          [ supplies ] sources that are located on or within [ 1/2 ]
or offsite runoff. ]                                         1/4 mile of the proposed facility. If more than 50 wells are
                  *   *    *     *    *                      located within the [ 1/2 ] 1/4-mile radius, the applicant
                                                             may identify only the closest wells in each direction and
  (3) Except as provided in paragraph (2), soil pH shall     generally describe the location and number of wells
be maintained at 6.5 or greater during the life of           within the [ 1/2 ] 1/4-mile radius.
application operations [ and for 2 additional years
following final residual waste application ].                                  *    *     *    *     *

§ 291.414. Weather.                                            (b) [ An application shall also contain a United
                                                             States Department of Agriculture Soil Conservation
  (a) The operator may not apply residual waste      [ as    Service soils map, or aerial photographs if current
follows:                                                     soils maps are unavailable, for the proposed permit
                                                             area and adjacent area showing the site boundaries
  (1) When the ground is saturated, snow covered,            and soil types.
frozen or during periods of rain.
                                                               (c) ] ***
  (2) Between ] between October 15 and April 15.
                                                             § 293.104. Plan for access roads.
                  *   *    *     *    *
                                                               The application shall contain designs, cross sections
§ 291.416. Water quality monitoring.                         and specifications for access roads, including load limits,
  If required by the Department, based upon waste            under § 293.213 (relating to access roads). Access roads
and site characteristics, the operator shall conduct         shall be designed and constructed to adequately
groundwater monitoring [ that meets the require-             handle the truck traffic expected at the disposal
ments of §§ 291.521—291.528 (relating to groundwa-           facility.
ter monitoring), or another plan for accurately              § 293.106. Soil and groundwater monitoring plan.
monitoring groundwater that is approved in the
permit ] and accurately characterize groundwater               (a) If required by the Department, the applicant shall
at the facility.                                             submit a groundwater monitoring plan to detect [ ad-
                                                             verse effects on ] groundwater degradation from the
§ 291.417. Soil-pore water monitoring.                       facility.
  If required by the Department, based upon waste                              *    *     *    *     *
and site characteristics, the operator shall conduct
soil-pore water monitoring [ that meets the require-         § 293.109. Contingency plan.
ments of § 291.515 (relating to soil-pore water moni-          An application shall contain a contingency plan consis-
toring), or another plan for accurately monitoring           tent with §§ 293.241—293.243 (relating to emergency
soil-pore water that is approved in the permit ] and         procedures). The plan shall include a Preparedness, Pre-
accurately characterize soil-pore at the facility.           vention and Contingency (PPC) Plan that is consistent
                                                             with the Department’s most recent guidelines for the
Subchapter F. [ ADDITIONAL REQUIREMENTS FOR
                                                             development and implementation of PPC[ s ] plans.
 THE SURFACE LAND DISPOSAL OF RESIDUAL
                 WASTE ] (Reserved)                          Subchapter C. OPERATING REQUIREMENTS FOR
                                                                         TRANSFER FACILITIES
  (Editor’s Note: The Department is proposing to delete
Subchapter F, §§ 291.501—291.503, 291.511—291.517                           GENERAL PROVISIONS
and 291.521—291.528, Pennsylvania Code pages 291-19—         § 293.201. Basic limitations.
291-32 (serial pages (226815)—(226828)).
                                                                               *    *     *    *     *
   CHAPTER 293. TRANSFER FACILITIES FOR
             RESIDUAL WASTE                                    (f) All approved mitigation measures identified in
                                                             the permit application shall be completed before a
  Subchapter B. APPLICATION REQUIREMENTS                     facility may accept waste unless a later date is
          FOR TRANSFER FACILITIES                            authorized in writing by the Department for techni-
§ 293.1. Scope.                                              cal reasons.
  (a) ***                                                    § 293.202. Areas where transfer facilities are pro-
                                                               hibited.
  (b) The Department may waive or modify a re-
quirement of this chapter for permitted transfer               (a) Except for areas that were permitted prior to July
facilities at which no actual loading, unloading or          4, 1992[ . ], no transfer facility may be operated:
transferring of residual waste occurs, if the absence
of the loading, unloading and transferring activity                            *    *     *    *     *
renders the requirement unnecessary.                           (3) In or within 100 feet of a wetland other than an
§ 293.103. Maps and related information.                     exceptional value wetland, unless the storage and pro-
                                                             cessing take place in an enclosed facility and no
  (a) An application shall contain a topographic map of      adverse impacts to the wetland will occur, storage,
the proposed permit area and adjacent area, including        processing and disposal will not occur within that dis-
necessary narrative descriptions, which shows the follow-    tance or storage and processing take place in an
ing:                                                         enclosed facility and one of the following is true:
                  *   *    *     *    *                                        *    *     *    *     *
                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                                PROPOSED RULEMAKING                                                   4153

  (5) Within 100 feet of a perennial stream, unless one          § 293.213. Access roads.
of the following applies:                                                        *    *   *        *    *
  (i) The storage and [ disposal will not occur within             (c) An access road shall have a drainage system that is
that distance ] processing take place in an enclosed             compatible with the natural drainage system, structurally
facility and no adverse [ hydrologic or water qual-              stable, and which will safely conduct the peak flow from a
ity ] impacts to the perennial stream will result.               25-year, 24-hour precipitation event. [ The drainage
                                                                 system shall include sloped or crowned road sur-
  (ii) The facility transfers waste to barges at the             faces, cross drains or culverts, stabilized ditches,
transfer facility location.                                      erosion resistant surfacing, sediment traps and
                                                                 other appropriate sediment control measures as
  (6) Within 50 feet of a property line, unless [ the
                                                                 required by § 293.232 (relating to soil erosion and
operator demonstrates that actual processing of
                                                                 sedimentation control). ] The drainage system shall
waste is not occurring within that distance ] one of
                                                                 comply with Chapter 102 (relating to erosion con-
the following applies:                                           trol).
  (i) The storage and processing take place in an                  (d) An access road shall be paved or surfaced with
enclosed facility.                                               asphalt, gravel, cinders[ , ] or other equivalent mate-
  (ii) The owner of the adjacent property has pro-               rial approved by the Department in the permit. An
vided a written waiver consenting to the facility                access road shall be capable of withstanding the load
being closer than 50 feet. The waiver shall be                   limits projected by the applicant under § 293.104 (relat-
knowingly made and separate from a lease or a                    ing to plan for access roads). The maximum sustained
deed unless the lease or deed contains an explicit               grade of an access road may not exceed 12%.
waiver from the owner.                                                             *     *     *   *     *
  (7) If a school, park or playground is nearby, the               (h) An access road shall be maintained to control
following apply:                                                 dust and to prevent or control the tracking of mud
  (i) Except for an expansion of a residual waste                on and off site.
transfer station permit issued prior to         (Edi-            § 293.215. Operations and equipment.
tor’s Note: The blank refers to the effective date of
adoption of this proposal), for a residual waste                                  *  *    *    *   *
transfer station permit issued on or after                         (c) [ Standby equipment shall be located on the
        (Editor’s Note: The blank refers to the ef-              site or at a place where it can be available within
fective date of adoption of this proposal), within               24 hours. ] If a breakdown of the operator’s equipment
300 yards of the following:                                      occurs, the operator shall utilize standby equipment as
  (A) A building which is owned by a school district             necessary to comply with the act, the environmental
or school and used for instructional purposes.                   protection acts, this subchapter and its permit conditions.
  (B) A park.                                                                       *    *    *    *     *
  (C) A playground.                                                (e) Equipment [ used to handle putrescible solid
                                                                 waste with which operations personnel are in di-
  (ii) The current property owner of a school build-             rect contact shall be cleaned at the end of each
ing, park or playground may waive the 300-yard                   working day or every 24 hours. Other equipment ]
prohibition by signing a written waiver. Upon re-                shall be cleaned at frequencies specified in the permit
ceipt of the waiver, the Department will waive the               based on scheduled or emergency maintenance periods.
300-yard prohibition and will not use the prohibi-
tion as the basis for the denial of a new permit.                  (f) The operator of a transfer facility shall inspect
                                                                 and monitor incoming waste to ensure that the
                   *    *     *     *    *                       waste received is consistent with this article and
                  DAILY OPERATIONS                               the permit unless otherwise approved by the De-
                                                                 partment. Monitoring and inspection shall include
§ 293.211. Signs.                                                screening of waste for radioactive isotopes and be
  (a) A person or municipality that operates a noncaptive        consistent with § 287.134 (relating to waste analysis
transfer facility shall identify the facility for the duration   plan).
of operations by posting and maintaining a sign which            § 293.216. Unloading area.
will be clearly visible and can be easily seen and read                             *   *     *    *    *
at the junction of each access road and public road
unless otherwise approved by the Department. The                   (b) The loading areas and unloading areas shall be
sign shall be constructed of a durable, weather-resistant        constructed of impervious material which is capable of
material [ and shall be of a minimum size of 3 feet              being cleaned by high pressure water spray and shall be
                                                                 equipped with drains or sumps connected to a sanitary
by 4 feet with a light background and contrasting
                                                                 sewer system or treatment facility to facilitate the re-
letters and numbers of a minimum height of 3
                                                                 moval of water. Drains or treatment systems may be
inches that can be easily seen and read. The sign
                                                                 connected to a sanitary sewer system if a waste charac-
shall show the name, business address and tele-
                                                                 terization is submitted to the sewage treatment plant
phone number of the person or municipality that
                                                                 operator, and the operator finds that the treatment plant
operates the facility, the operating hours of the
                                                                 can fully treat the waste stream. Leachate may also be
facility and the number of the current permit
                                                                 collected in holding tanks prior to its transport to
authorizing operations at the facility ].                        the sewage treatment plant.
                   *    *     *     *    *                                          *   *     *    *    *
                                  PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4154                                           PROPOSED RULEMAKING

§ 293.217. Cleaning and maintenance.                           alternate source that is of like quantity and quality to the
                  *    *     *     *    *                      original supply at no additional cost to the owner.
                                                                                 *    *     *    *     *
  (b) The operator may not allow putrescible waste to
remain at the transfer facility at the end of the working        (d) Permanent water supplies include develop-
day or for more than 24 hours, [ whichever interval is         ment of a new well with a distribution system,
less ] except that putrescible waste may remain at a           interconnection with a public water supply or ex-
                                                               tension of a private water supply, but do not in-
transfer facility for any period of time up to 72
                                                               clude provision of bottled water or a water tank
hours over a weekend or 3-day weekend if the
                                                               supplied by a bulk water hauling system, which are
transfer facility permit so provides.
                                                               temporary water supplies.
                 *   *    *   *    *                                       EMERGENCY PROCEDURES
§ 293.218. Air resources protection.                           § 293.241. Hazard prevention.
  (a) The operator shall implement fugitive air contami-
nant control measures, and shall otherwise prevent and
                                                                 [ (a) ] ***
control air pollution in accordance with the Air Pollution       [ (b) First aid facilities shall be available and job
Control Act (35 P. S. §§ 4001—4015) and [ Subpart C, ]         safety shall be practiced. ]
Article III (relating to air resources), and § 293.219
(relating to nuisance control).                                       RECORDKEEPING AND REPORTING
                *   *    *         *    *                      § 293.251. Daily operational records.
§ 293.219. Nuisance control.                                                    *    *    *     *   *
                                                                 (b) The daily operational record shall include the fol-
  (a) The operator shall [ prevent and eliminate ]             lowing:
control and minimize the attraction, harborage or
breeding of vectors.                                                            *    *    *     *   *
  (b) The operator also shall [ prevent ] control and            (10) A record of rejected waste loads, and the
                                                               reasons for rejecting the loads.
[ eliminate ] minimize conditions not otherwise prohib-
ited by this subchapter that are harmful to the environ-                        *    *    *     *   *
ment or public health, or which create safety hazards,                        CESSATION AND CLOSURE
odors, dust, noise, unsightliness or other public nuisances.
                                                               § 293.262. Cessation of operations.
§ 293.221. Litter.
                                                                                   *     *    *    *     *
                  *    *     *     *    *                        (b) An operator required under § 293.233 (relating to
   (c) [ Litter ] Blown off and intercepted litter shall       soil and groundwater monitoring) to conduct soil monitor-
be collected at least weekly from fences, roadways, tree       ing may discontinue soil monitoring upon cessation of
line barriers and other barriers and disposed or stored in     processing operations with the Department’s approval.
accordance with the act and this article, unless a greater     In deciding whether to allow discontinuance of monitor-
frequency is set forth in the permit.                          ing, the Department will consider the operational history
                                                               of the facility, the likelihood that soil contamination will
          SOIL AND WATER PROTECTION                            manifest itself in the future and other factors.
§ 293.231. General requirements.                                                   *     *    *    *     *
                  *    *     *     *    *                        CHAPTER 295. COMPOSTING FACILITIES FOR
  (b) A transfer facility shall be operated to prevent and                          RESIDUAL WASTE
control water pollution. An operator shall operate and           Subchapter B. APPLICATION REQUIREMENTS
maintain necessary water pollution treatment facilities                    FOR COMPOSTING FACILITIES
until water pollution from or on the facility has been
permanently abated.                                                                    OPERATIONS
                                                               § 295.112. Maps and related information.
                  *    *     *     *    *
                                                                  (a) An application shall contain a topographic map of
§ 293.232. Soil erosion and sedimentation control.
                                                               the proposed permit area and adjacent area, includ-
  The operator shall manage surface water and control          ing necessary narrative descriptions, which shows the
erosion and sedimentation to:                                  following:
  (1) Divert surface water away from the storage area            (1) The boundaries and the names of the present
with measures and structures necessary to handle surface       owners of record of land, both surface and subsurface,
water flows based on a 25-year, 24-hour precipitation          including easements, rights-of-way and other property
event, and supported by written calculations and also          interests, for the proposed permit area and adjacent area;
comply with Chapter 102 (relating to erosion con-              the boundaries of the land within the proposed
trol).                                                         permit area; and a description of title, deed or usage
                                                               restrictions affecting the proposed permit area.
                  *    *     *     *    *
                                                                                 *    *     *    *     *
§ 293.234. Water supply replacement.
                                                                 (4) The location and name of public and private water
  (a) An operator that adversely affects a water supply        [ supplies ] sources that are located on the proposed
by degradation, pollution or other means shall re-
                                                               permit area and adjacent area.
store the affected supply at no additional cost to the
owner or replace the affected water supply with an                               *    *     *    *     *
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                   4155

  (14) Composting pads, tipping areas, storage areas             [ (6) ] (5) Within 100 feet of a perennial stream, unless
[ and ], windrow, and loading/unloading areas.                 the storage[ , ] and processing [ and disposal will not
                  *    *     *     *    *                      occur within that distance ] take place in an en-
                                                               closed facility and no adverse water quality impact will
  (b) [ An application shall contain a United States           result.
Department of Agriculture Soil Conservation Ser-
vice soil map, or aerial photographs where current               [ (7) ] (6) Within 50 feet of a property line unless the
soil maps are unavailable, for the proposed permit             [ operator demonstrates that actual composting of
area and adjacent area showing the site boundaries
                                                               waste is not occurring within that distance ] stor-
and soil types.
                                                               age and processing take place in an enclosed facil-
  (c) ] ***                                                    ity.
§ 295.115. Plan for access roads.                                [ (8) ] (7) ***
  The application shall contain designs, cross sections
and specifications for access roads, including load limits,      [ (9) ] (8) In an area where the pad or vessel will be
to demonstrate compliance with § 295.212 (relating to          in contact with the seasonal high water table or
access roads). Access roads shall be designed and              perched water table [ is less than 4 feet from the
constructed to adequately handle the truck traffic             surface ].
expected at the facility.
                                                                 (9) If a school, park or playground is nearby, the
                      COMPOSTING                               following apply:
§ 295.121. Composting pad design.                                (i) Except for an expansion of a residual waste
                   *    *     *    *     *                     composting permit issued prior to           (Editor’s
   (b) The application shall also contain a plan for inspec-   Note: The blank refers to the effective date of
                                                               adoption of this proposal), for a residual waste
tion of composting pads or vessels to ensure [ the ] its       composting permit issued on or after            (Edi-
integrity [ of the composting pad ].                           tor’s Note: The blank refers to the effective date of
  (c) Composting pad or vessel plans and designs shall         adoption of this proposal), within 300 yards of the
be consistent with § 295.231 (relating to composting pad       following:
or vessel).                                                      (A) A building which is owned by a school district
Subchapter C. OPERATING REQUIREMENTS FOR                       or school and used for instructional purposes.
           COMPOSTING FACILITIES                                 (B) A park.
              GENERAL PROVISIONS
                                                                 (C) A playground.
§ 295.201. Basic limitations.
                                                                 (ii) The current property owner of a school build-
                  *    *     *     *    *                      ing, park or playground may waive the 300-yard
  (f) All approved mitigation measures identified in           prohibition by signing a written waiver. Upon re-
the permit application shall be completed before a             ceipt of the waiver, the Department will waive the
facility may accept waste unless a later date is               300-yard prohibition and will not use the prohibi-
authorized in writing by the Department for techni-            tion as the basis for the denial of a new permit.
cal reasons.                                                      (c) This section does not apply to [ a feature ] fea-
§ 295.202. Areas where composting facilities are               tures that may come into existence after the date of the
  prohibited.                                                  first newspaper notice under this subsection if the follow-
  (a) Except for areas that were permitted prior to July       ing apply:
4, 1992, a composting facility may not be operated:                                *   *    *    *     *
  (1) In the 100-year floodplain of a water of this Com-                           DAILY OPERATIONS
monwealth unless demonstrated that the composting
facility can be protected during flooding.                     § 295.211. Signs and markers.
                  *    *     *     *    *                        (a) A person or municipality that operates a compost-
                                                               ing facility shall identify the facility for the duration of
  (3) In or within 100 feet of a wetland other than an
                                                               operations by posting and maintaining a sign which will
exceptional value wetland, unless storage, processing and
                                                               be clearly visible and can be easily seen and read at
disposal will not occur within that distance or storage
                                                               the junction of each access road and public road unless
and processing take place in an enclosed facility
                                                               otherwise approved by the Department. The sign
and one of the following [ is true ] applies:                  shall be constructed of a durable, weather resistant
  (i) If the operation is in or along the wetland, the         material [ and shall be of a minimum size of 3 feet
operator has received a permit from the Department             by 4 feet with a light background and contrasting
under Chapter 105 (relating to dam safety and waterway         letters and numbers of a minimum height of 3
management).                                                   inches that can be easily seen and read. The sign
  (ii) If the operation is not in or along the wetland, no     shall show the name, business address and tele-
adverse hydrologic or water quality impacts will result.       phone number of the person or municipality oper-
                                                               ating the facility, the operating hours of the facility
  (4) [ Within 100 feet of a sinkhole or area drain-           and the number of the current permit authorizing
ing into a sinkhole.                                           operations at the facility ].
  (5) ] ***                                                                        *   *    *    *     *
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4156                                          PROPOSED RULEMAKING

§ 295.212. Access roads.                                        (b) The operator shall also [ prevent ] control and
                  *    *    *     *    *                      [ eliminate ] minimize conditions not otherwise prohib-
                                                              ited by this subchapter that are harmful to the environ-
  (c) An access road shall have a drainage system that is     ment or public health, or which create safety hazards,
compatible with the natural drainage system, structurally     odors, dust, noise, unsightliness and other public nui-
stable and which will pass safely the peak flow from a        sances.
25-year, 24-hour precipitation event. The drainage system
shall [ include sloped or crowned road surfaces,              § 295.220. Litter.
cross drains or culverts, stabilized ditches, erosion                            *   *     *     *    *
resistant surfacing, sediment traps and other ap-
                                                                (c) At least weekly, blown off and intercepted litter
propriate sediment control measures as required by
                                                              shall be collected from fences, roadways, tree-lined barri-
§ 295.252 (relating to soil erosion and sedimenta-
                                                              ers and other barriers, and disposed or stored in accord-
tion control) ] comply with Chapter 102 (relating to          ance with the act and the regulations thereunder, unless
erosion control).                                             a greater frequency is set forth in the permit.
  (d) An access road shall be paved or surfaced with                        COMPOSTING PROVISIONS
asphalt, gravel, cinders or other equivalent material
approved by the Department in the permit. An                  § 295.231. Composting pad or vessel.
access road shall be capable of withstanding the load                        *     *    *    *     *
limits projected by the applicant under § [ 295.116 (re-        (b) The composting pad or vessel shall be adequate in
lating to access control plan) ] 295.115 (relating to         size and capacity to manage the projected solid waste,
plan for access roads). The maximum sustained grade           compost and residue volumes.
of an access road may not exceed 12%.
                                                                (c) A composting pad or vessel shall be:
                  *    *    *     *    *
                                                                 (1) [ No more permeable than 1.0 x 10-7 cm/sec ]
  (j) An access road shall be maintained to control           Capable of preventing the migration of waste, or
dust and to prevent or control the tracking of mud            leachate generated from the composting process.
on and off site.
                                                                 (2) Designed, constructed and maintained to protect
§ 295.214. Measuring and inspection of waste.                 the integrity of the pad or vessel during the projected
                  *    *    *     *    *                      life of the facility.
  (c) The operator shall inspect incoming waste to                              *    *    *     *    *
ensure that the waste received is consistent with               (6) Designed and operated so that the physical and
this article and the permit unless otherwise ap-              chemical characteristics of the composting pad or vessel
proved by the Department.                                     and its ability to restrict the flow of solid waste, solid
§ 295.215. Equipment.                                         waste constituents or leachate is not adversely affected by
                                                              the leachate.
                  *    *    *     *    *
                                                                                *    *    *     *    *
  (b) [ Standby equipment shall be located on the
site or at a place where it can be available within             (e) Upon completion of the construction of a composting
                                                              pad or vessel, the operator shall:
24 hours. ] If a breakdown of the operator’s equipment
occurs, the operator shall utilize standby equipment as         (1) Submit a certification by a registered professional
necessary to comply with the act, the environmental           engineer on forms provided by the Department. The
protection acts, this subchapter and its permit conditions.   certification shall describe the composting pad or vessel
                                                              being certified, using drawings and plans, if appropriate,
                  *    *    *     *    *                      and shall state that the actual construction was observed
  (d) Equipment [ used to handle putrescible solid            by the engineer or persons under his direct supervision,
waste with which operations personnel are in di-              and that the construction was carried out in a manner
rect contact shall be cleaned at the end of each              that is consistent with the permit.
working day or every 24 hours. Other equipment ]                (2) Notify the Department that the facility is ready for
shall be cleaned at frequencies specified in the permit       inspection. A solid waste may not be composted, and solid
based on scheduled or emergency maintenance periods.          waste or compost may not be stored, loaded or unloaded
                                                              on the composting pad or in the composting vessel,
                  *    *    *     *    *                      until the Department has conducted an inspection and
§ 295.217. Air resources protection.                          has transmitted its written approval to the permittee
                                                              indicating that the construction was done according to the
  (a) The operator shall control fugitive air contaminants    permit.
and otherwise prevent and control air pollution in accord-
ance with the Air Pollution Control Act (35 P. S.               [ (f) The Department may waive or modify the
§§ 4001—4015) [ and Subpart C ], Article III (relating        requirements of this section for facilities that use
to air resources) and § 295.218 (relating to nuisance         in-vessel composting. ]
control).
                                                                        SOIL AND WATER PROTECTION
                  *    *    *     *    *                      § 295.253. Sedimentation ponds.
§ 295.218. Nuisance control.                                                    *    *    *     *    *
  (a) The operator shall [ prevent ] control and                (b) Sedimentation ponds shall be constructed, oper-
[ eliminate ] minimize the attraction, harborage or           ated and maintained under this section, Chapters 102
breeding of vectors.                                          and 105 (relating to erosion control; and dam safety and
                                PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                    4157

waterway management) and the minimum design criteria           the proposed permit area and adjacent area; the bound-
contained in the United States Soil Conservation Service’s     aries of the land within the proposed permit area;
Engineering Standard 378, ‘Pond’ Pa., as amended.              and a description of title, deed or usage restrictions
                  *    *    *    *     *                       affecting the proposed permit area.
§ 295.255. Water supply replacement.                                             *     *    *     *     *
  (a) An operator which adversely affects a water supply         (4) The location and name of public and private water
by degradation, pollution or other means shall re-             [ supplies ] sources that are located on or within [ 1/2 ]
store the affected supply at no additional cost to the         1/4 mile of the proposed facility. If more than 50 wells are
owner or replace the affected water supply with an             located within the [ 1/2 ] 1/4 mile radius, the applicant
alternate source that is of like quantity and quality to the   may identify only the closest wells in each direction and
original supply at no additional cost to the owner.            generally describe the location and number of wells
               *    *    *   *    *                            within [ 1/2 ] 1/4 mile of the proposed facility.
  (d) Permanent water supplies include develop-                                  *     *    *     *     *
ment of a new well with a distribution system,
interconnection with a public water supply or ex-              § 297.105. Plan for access roads.
tension of a private water supply, but do not in-
clude provision of bottled water or a water tank                 The application shall contain designs, cross sections
supplied by a bulk water hauling system, which are             and specifications for access roads, including load limits,
temporary water supplies.                                      to demonstrate compliance with § 297.213 (relating to
                                                               access roads). Access roads shall be designed and
           EMERGENCY PROCEDURES                                constructed to adequately handle the truck traffic
§ 295.261. Hazard prevention.                                  expected at the facility.
  [ (a) ] ***                                                  Subchapter C. OPERATING REQUIREMENTS FOR
                                                                          PROCESSING FACILITIES
  [ (b) First aid facilities shall be available and job
safety shall be practiced. ]                                                   GENERAL PROVISIONS
       RECORDKEEPING AND REPORTING                             § 297.201. Basic limitations.
§ 295.271. Daily operational records.                                            *     *    *     *     *
                  *    *     *     *    *                        (f) All approved mitigation measures identified in
  (b) The daily operational record shall include the fol-      the permit application shall be completed before a
lowing:                                                        facility may accept waste unless a later date is
                                                               authorized in writing by the Department for techni-
                  *    *     *     *    *                      cal reasons.
 (6) A description of waste handling problems or               § 297.202. Areas where incinerators and other pro-
emergency disposal activities.                                   cessing facilities are prohibited.
                  *    *     *     *    *
                                                                 (a) Except for areas that were permitted prior to July
            CESSATION AND CLOSURE                              4, 1992, residual waste processing facilities subject to this
§ 295.282. Cessation of operations.                            chapter may not be operated:
                  *    *     *     *    *                                        *     *    *     *     *
   (c) An operator required under § 295.254 (relating to         (3) In or within 100 feet of a wetland other than an
soil and groundwater monitoring) to conduct soil monitor-      exceptional value wetland, unless storage, processing and
ing may discontinue soil monitoring upon cessation of          disposal will not occur within that distance or the
composting operations with the Department’s ap-                storage and processing take place in an enclosed
proval. In deciding whether to allow the discontinuance        facility and one of the following [ is true ] applies:
of monitoring, the Department will consider the opera-
tional history of the facility, the likelihood that soil                         *     *    *     *     *
contamination will manifest itself in the future and other
factors.                                                         (5) Within 100 feet of a perennial or intermittent
                                                               stream, unless the storage, and processing [ and dis-
                  *    *     *     *    *
                                                               posal will not occur within that distance ] take
   CHAPTER 297. INCINERATORS AND OTHER                         place in an enclosed facility and no adverse hydrologic
         PROCESSING FACILITIES                                 or water quality impacts will result.
  Subchapter B. APPLICATION REQUIREMENTS
                                                                 (6) Within 50 feet of a property line unless the [ op-
         FOR PROCESSING FACILITIES
                                                               erator demonstrates that actual processing of waste
§ 297.103. Maps and related information.                       is not occurring within that distance ] storage and
  An application shall contain a topographic map of the        processing take place in an enclosed facility, or that
proposed permit area and adjacent area, including              the owners of occupied dwellings within that distance
necessary narrative descriptions, which show the follow-       have provided written waivers consenting to the facility
ing:                                                           being closer than 50 feet. The waiver shall be knowingly
                                                               made and separate from a lease or deed unless the lease
  (1) The boundaries and names of present owners of            or deed contains an explicit waiver from the owner.
record of land, both surface and subsurface, including
easements, rights-of-way and other property interests, for                       *     *    *     *     *
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4158                                          PROPOSED RULEMAKING

                 DAILY OPERATIONS                              screening of waste for radioactive isotopes and be
                                                               consistent with § 287.134 (relating to waste analysis
§ 297.211. Signs and markers.
                                                               plan).
  (a) A person or municipality that operates a facility        § 297.215. Equipment.
subject to this subchapter shall identify the operation for
the duration of residual waste processing operations by                          *    *    *     *    *
posting and maintaining a sign which is clearly visible          (b) [ Standby equipment shall be located on the
and can be easily seen and read at the junction of             site or at the place where it can be available within
each access road and public road unless otherwise
approved by the Department. The sign shall be con-             24 hours. ] If a breakdown of the operator’s equipment
                                                               occurs, the operator shall utilize standby equipment as
structed of a durable, weather-resistant material [ and
                                                               necessary to comply with the act, the environmental
shall be of a minimum size of 3 feet by 4 feet with a          protection acts, this subchapter and its permit conditions.
light background and contrasting letters and num-
bers of a minimum height of 3 inches that can be                                  *    *    *    *     *
easily seen and read. The sign shall show the name,              (d) Equipment [ used to handle putrescible solid
business address and telephone number of the                   waste with which operations personnel are in di-
person or municipality operating the facility, the             rect contact shall be cleaned at the end of each
operating hours of the facility and the number of
the current permit authorizing operations at the               working day or every 24 hours. Other equipment ]
                                                               shall be cleaned at frequencies specified in the permit
facility ].
                                                               based on scheduled or emergency maintenance periods.
  (b) Permit area markers and the permanent physi-             § 297.216. Unloading area.
cal markers for the grid coordinate system shall be:
                                                                                *    *    *    *    *
                  *    *     *     *    *
                                                                 (b) The loading areas and unloading areas shall be
§ 297.212. Access control.                                     constructed of impervious material which is capable of
                                                               being cleaned by high pressure water spray and shall be
                  *    *     *     *    *                      equipped with drains or sumps connected to a sanitary
  (b) The operator shall [ construct and ] maintain a          sewer system or treatment facility to facilitate the re-
fence or other suitable barrier around the site sufficient     moval of water. Drains or treatment systems may be
to prevent unauthorized access.                                connected to a sanitary sewer system if a waste
                                                               characterization is submitted to the sewage treat-
                  *    *     *     *    *                      ment plant operator, and the operator finds that
§ 297.213. Access roads.                                       the treatment plant can fully treat the waste
                                                               stream. Leachate may also be collected in holding
                  *    *     *     *    *                      tanks prior to its transport to the sewage treatment
                                                               plant.
  (c) An access road shall have a drainage system that is
compatible with the natural drainage system, structurally                       *    *    *    *    *
stable and which will pass safely the peak flow from a           (f) [ Solid ] Residual waste shall be confined to the
24-hour, 25-year precipitation event. [ The drainage           unloading area or a storage area approved as part of the
system shall include sloped or crowned road sur-               operator’s permit.
faces, cross drains or culverts, stabilized ditches,
                                                                                  *  *    *     *   *
erosion resistant surfacing, sediment traps and
other appropriate sediment control measures as                 § 297.217. Cleaning and maintenance.
required by § 297.232 (relating to soil erosion and                               *  *    *     *   *
sedimentation control). ] The drainage system shall
comply with Chapter 102 (relating to erosion con-                 (b) [ Except for scheduled or emergency shut-
trol).                                                         down of processing operations, the ] The operator
                                                               may not allow putrescible waste to remain at the facility
  (d) An access road shall be paved or surfaced with           at the end of the day or for more than 24 hours except
asphalt, gravel, cinders or other equivalent material          that putrescible waste may remain at the facility
approved by the Department in the permit. An                   for any time period up to 72 hours over a weekend
access road shall be capable of withstanding the load          or 3-day weekend if provided for in the permit.
limits projected by the applicant under § 297.105 (relat-
ing to plan for access roads). The maximum sustained                              *    *    *    *    *
grade of an access road may not exceed 12%.                    § 297.218. Air resources protection.
                  *    *     *     *    *                         (a) Emissions from a residual waste processing facility
                                                               shall be consistent with the Air Pollution Control Act (35
  (i) An access road shall be maintained to control            P. S. §§ 4001—4015), [ Subpart C ], Article III (relating
dust and to prevent or control the tracking of mud             to air resources), the terms or conditions of its permit
on and off site.                                               and, if applicable, the most recent edition of the Depart-
§ 297.214. Measuring and inspection of waste.                  ment’s criteria for best available technology, and other
                                                               applicable Departmental guidelines.
                  *    *     *     *    *
                                                                                  *    *    *    *    *
  (c) The operator of a facility shall inspect and             § 297.219. Nuisance control.
monitor incoming waste to insure that the disposal
of waste is consistent with this article and the                 (a) The operator [ may not cause or allow ] shall
permit. Unless otherwise approved by the Depart-               control and minimize the attraction, harborage or
ment, the monitoring and inspection shall include              breeding of vectors.
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                               PROPOSED RULEMAKING                                                  4159

  (b) The operator shall [ prevent ] control and               § 297.262. Annual operation report.
[ eliminate ] minimize conditions not otherwise prohib-                          *    *     *     *   *
ited by this subchapter that are harmful to the environ-
ment or public health, or which create safety hazards,           (c) The annual operation report shall be accompanied
odors, dust, noise, unsightliness and other public nui-        by a nonrefundable annual permit administration fee in
sances.                                                        the form of a check payable to the “Commonwealth of
§ 297.221. Litter.                                             Pennsylvania” for the following amounts:
                 *     *     *     *     *                       (1) [ Nineteen ] Six hundred fifty dollars for facilities
   (c) [ Litter ] Blown off or intercepted litter shall        that incinerate residual waste.
be collected at least weekly from fences, roadways, tree                         *    *     *     *   *
line barriers and other barriers and disposed or stored in
accordance with the act and the regulations thereunder,        CHAPTER 299. STORAGE AND TRANSPORTATION
unless a greater frequency is set forth in the permit.                    OF RESIDUAL WASTE
          SOIL AND WATER PROTECTION                              Subchapter A. STANDARDS FOR STORAGE OF
§ 297.232. Soil erosion and sedimentation control.                            RESIDUAL WASTE
  The operator shall manage surface water and control                                     SCOPE
erosion and sedimentation to:
                                                               § 299.101. Scope.
  (1) Divert surface water away from the storage area
with measures and structures necessary to handle surface                         *    *     *     *   *
water flows, based on a 25-year, 24-hour precipitation
event, and supported by written calculations and also in         (b) In addition to the requirements of subsection (a),
compliance with Chapter 102 (relating to erosion               the following requirements shall be met:
control).
                                                                                 *    *     *     *   *
                  *     *     *    *     *
                                                                 (2) A person or municipality that stores the types of
§ 297.234. Water supply replacement.
                                                               waste identified in §§ 299.151—[ 299.154 ] 299.163 (re-
  (a) An operator which adversely affects a water supply       lating to types of waste) shall store the waste under the
by degradation, pollution or other means shall re-             applicable provisions of those sections.
store the affected supply at no additional cost to the
owner or replace the affected water supply with an                               *    *     *     *   *
alternate source that is of like quantity and quality to the
original supply at no additional cost to the owner.                                   GENERAL
                  *     *     *    *     *                     § 299.115. Nuisance control.
  (d) Permanent water supplies include develop-                  (a) A person or municipality that stores residual waste
ment of a new well with a distribution system,                 shall:
interconnection with a public water supply, or
extension of a private water supply, but do not                  (1) [ Eliminate conditions conducive to ] Control
include provision of bottled water or a water tank             and minimize the harborage, breeding or attraction of
supplied by a bulk water hauling system, which are             vectors.
temporary water supplies.
             EMERGENCY PROCEDURES                                (2) Take other measures necessary to [ prevent ] con-
                                                               trol and minimize the presence of vectors.
§ 297.253. Implementation of contingency plan.
                  *    *     *     *     *                       (3) Immediately take measures necessary to extermi-
                                                               nate [ them, where ] vectors [ are present ].
  (c) After an emergency, the operator of the facility
shall:                                                           (b) A person or municipality storing residual waste
                  *    *     *     *     *                     shall also [ prevent and eliminate ] minimize and
  (2) Prevent processing, storage      or disposal of solid    control conditions not otherwise prohibited by this
waste in the area affected by the      emergency until the     subchapter that are harmful to the public health, public
operator has cleaned up the area,      and the Department      safety or the environment, or which create safety haz-
                                                               ards, odors, dust, unsightliness or other public nuisances.
has [ inspected and ] approved         the resumption of
operation after the cleanup.                                    TYPES OF STORAGE CONTAINERS AND TANKS
       RECORDKEEPING AND REPORTING                             § 299.121. Containers.
§ 297.261. Daily operational records.
                                                                 (a) A person or municipality storing residual waste in
                *    *    *    *   *                           containers shall prevent leaks and provide a sufficient
  (b) The daily operational record shall include the fol-      number of containers to contain solid waste generated
lowing:                                                        during periods between regularly scheduled collections.
                 *    *    *     *   *                                           *    *     *     *   *
  (10) A record of rejected waste loads and the
                                                                 (d) All containers shall be clearly labeled as “re-
reasons for rejecting the loads.
                                                               sidual waste” or as the specific type of residual
                  *    *     *     *     *                     waste.
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4160                                           PROPOSED RULEMAKING

§ 299.122. Storage tanks.                                                       TYPES OF WASTE
  Residual waste storage tanks shall [ be designed, in         § 299.155. Storage of waste tires and tire derived
accordance with ] meet the design and performance                materials.
standards established by or under the Storage Tank and           (a) This section and §§ 299.156—299.163 do not
Spill Prevention Act (35 P. S. §§ 6021.101—6021.2105).         apply to persons or municipalities who store less
[ The Department may waive or modify those re-                 than 500 waste tires in open storage or who store
quirements for storage tanks which are not subject             less then 1,500 waste tires in enclosed storage
to the Storage Tank and Spill Prevention Act. ] The            unless the open or enclosed storage threatens or
storage tank shall be clearly labeled as “residual             causes harm to the public health, safety, welfare or
waste” and identify the type of residual waste.                the environment.
                   STORAGE PILES                                 (b) The requirements of this section and
§ 299.131. General requirements.                               §§ 299.156—299.163 may be waived or modified for
                                                               small piles at the location of waste tire generators.
                  *    *   *     *     *
                                                                 (c) No person or municipality may accumulate
  (e) For storage piles without a liner system or
                                                               tires or tire derived material speculatively or store
storage pad, the Department may require the per-
                                                               for longer than 1 year. The actual tons of waste
son or municipality to install a water quality moni-
                                                               tires removed from a facility shall be verified
toring system in accordance with §§ 288.251—
                                                               through weight receipts.
288.255.
                    IMPOUNDMENTS                                 (d) A person or municipality storing waste tires
                                                               or tire derived material shall maintain operational
§ 299.144. Operating requirements.                             records that provide detailed information in ac-
  (a) A person or municipality that stores residual waste      cordance with § 299.112 (relating to design and
in a surface impoundment shall design, operate and             operation).
maintain the impoundment in accordance, at a minimum,
with the following:                                            § 299.156. Notice by waste tire storage sites opera-
                                                                 tors.
                   *   *     *     *    *
                                                                 (a) By      (Editor’s Note: The blank refers to the
  (2) Section [ 289.222 ] 289.223 (relating to access          effective date of adoption of this proposal.), each
[ control ] roads).                                            operator of a waste tire storage site shall file a
                                                               notice on a form prepared by the Department
  (3) Sections [ 289.227 ] 293.218 and [ 289.228 ]             which includes the following:
293.219 (relating to air resources protection; and nui-
sance control).                                                  (1) A brief description of the type and number of
                                                               waste tires and the type and weight or volume of
                 *    *    *    *    *                         tire derived materials being stored at the waste tire
  (8) Section 289.522(a)(2), (6) and (7) [ and (10) ] (re-     storage site.
lating to areas where Class II residual waste disposal           (2) A brief description of the physical design and
impoundments are prohibited).                                  layout of the waste tire storage site, including a
  (9) [ Section ] Notwithstanding the references to            description of structures used for storing waste
“disposal,” § 289.423(a)(1)—(3), (5) and (6) (relating         tires or tire derived materials and their locations at
to minimum requirements for acceptable waste) or               the storage site, a diagram of the locations and
§ 289.523(a) [ (4), (6), (7), (9) ] (1)—(8) and (11) (relat-   approximate sizes of any piles of waste tires or tire
                                                               derived materials at the storage site and a descrip-
ing to minimum requirements for acceptable waste).
                                                               tion of the location of emergency equipment at the
  (10) [ If ] Notwithstanding the references to “dis-          storage site.
posal,” if the residual waste to be stored meets the             (3) The approximate date upon which the opera-
requirements of § 289.523(a), the following shall be met:      tor began to store 500 or more waste tires in open
  (i) Section [ 289.432(a) and (b) ] 289.532(a)—(c) (re-       storage or 1,500 or more waste tires in enclosed
lating to general limitations).                                storage.
                   *    *     *  *    *                          (4) Information showing how the operator will
                                                               comply with § 299.155(c) (relating to storage of
  (11) [ If ] Notwithstanding the references to “dis-          waste tires and tire derived materials).
posal,” if the residual waste to be stored does not meet
the requirements of § 289.523(a), the following shall be         (5) The address of the storage site and the indi-
met:                                                           vidual responsible for operating the storage site.
  (i) Section 289.432(a)—(c) (relating to general               (6) Verification of landowner consent to operate a
limitations).                                                  waste tire storage site.
  [ (i) ] (ii) ***                                               (b) An operator of a waste tire storage site that is
                                                               not subject to the requirements of this section,
  [ (ii) ] (iii) ***                                           §§ 299.155 and 299.157—299.163 on            (Editor’s
  [ (iii) ] (iv) ***                                           Note: The blank refers to the effective date of
                                                               adoption of this proposal.), based on § 299.155(a),
  [ (iv) ] (v) ***                                             shall file the notice required by subsection (a) if the
                                                               waste tire storage site becomes subject to the re-
  [ (v) ] (vi) ***                                             quirements of this section, §§ 299.155 and 299.157—
                   *   *     *     *    *                      299.163 after that date.
                                 PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                          PROPOSED RULEMAKING                                             4161

  (c) As of      (Editor’s Note: The blank refers to      disposal facility shall be covered under the permit,
the effective date of adoption of this proposal.), no     and is limited to the total number or amount of
person or municipality operating a waste tire stor-       waste tires or tire derived materials which can be
age site may store waste tires or tire derived            processed or disposed by the permitted facility
materials at the storage site unless the person or        during a year. The processing or disposal permit
municipality has filed with the Department a notice       shall incorporate the requirements of this
that is consistent with this section.                     subchapter.
§ 299.157. General limitations on storage of waste          (d) A waste tire storage site may not be greater
  tires and tire derived materials.                       than 5 acres in total area.
  (a) Indoor storage of waste tires or tire derived         (e) Owners or operators of waste tire storage
materials shall be consistent with “The Standard          sites may not maintain additional storage areas on
for the Storage of Rubber Tires,” National Fire           contiguous property.
Protection Association Standard 231 D, (NFPA              § 299.158. Areas where storage of waste tires or tire
231D), as amended.                                          derived materials is prohibited.
  (b) When waste tires or tire derived materials are        A person or municipality may not store waste
stored outdoors, each waste tire pile or tire derived     tires or tire derived materials:
material pile shall:
                                                            (1) In the 100 year floodplain of any waters of
  (1) Cover a surface area not greater than 2,500         this Commonwealth, unless the Department ap-
square feet.                                              proves a method of protecting the facility from a
  (2) Have a vertical height not greater than 15          100 year flood consistent with the Flood Plain
feet.                                                     Management Act (32 P. S. §§ 679.101—679.601), the
  (3) Maintain corridors as firebreaks on all sides       Stormwater Management Act (32 P. S. §§ 680.1—
of a tire pile of at least 50 feet. Corridors shall be    680.17) and the Dam Safety and Encroachment Act
maintained free from obstructions that could limit        (32 P. S. §§ 693.1—693.27).
access in the event of an emergency.                        (2) In or within 300 feet of an exceptional value
  (4) For shredded or chipped tires stored in piles,      wetland.
cover a surface area of no more than 2,500 square           (3) In or within 100 feet of a wetland other than
feet, and be no more than 15 feet high. Thirty-five       an exceptional value wetland.
foot wide corridors shall be maintained for fire            (4) Within 300 feet measured horizontally from an
breaks on all sides of a pile with no point in a pile     occupied dwelling, unless the owner thereof has
being more than 25 feet from a fire break. Corri-         provided a written waiver consenting to the activi-
dors shall be kept free from obstructions that could      ties being closer than 300 feet.
limit access in the event of an emergency.
                                                            (5) Within 100 feet of a sinkhole or area draining
  (5) For baled tires stored in stockpiles, cover a       into a sinkhole.
surface area of no more than 5,000 square feet, and
may be no more than 15 feet high. Thirty-five foot          (6) Within 100 feet of a perennial stream.
wide corridors shall be maintained for fire breaks          (7) Within 300 feet of a water source.
on all sides of a pile with no point in a pile being
more than 25 feet from a fire break. Corridors shall        (8) Within 50 feet of a property line unless the
be kept free from obstructions that could limit           owner has provided a written waiver consenting to
access in the event of an emergency.                      the facility being closer than 50 feet.
  (6) The firebreaks shall be free of waste, equip-       § 299.159. Access control.
ment and structures, and vegetation shall be main-          (a) A gate or other barrier shall be maintained at
tained below 6 in length at all times.                    all potential vehicular access points to block unau-
  (7) Outdoor storage of waste tires or tire derived      thorized access to the site when an attendant is not
materials shall be conducted to prevent the dis-          on duty.
charge of fire-generated oils and liquids into the          (b) The operator shall construct and maintain a
surface water and groundwater of this Common-             fence or other suitable barrier around the area
wealth.                                                   sufficient to prevent unauthorized access.
  (8) Outdoor storage of waste tires and tire de-           (c) Access to the site shall be limited to those
rived material shall be conducted to control mos-         times when an attendant is on duty.
quito propagation during warm weather. Controls
may include use of tarps, indoor storage screens or       § 299.160. Hazard prevention.
spraying.                                                   (a) Persons or municipalities storing waste tires
  (9) A copy of a Preparedness, Prevention and            or tire derived materials shall design, construct,
Contingency (PPC) plan, that is consistent with the       maintain and operate the storage site to prevent
Department’s most recent guidelines, shall be pre-        and minimize the potential for fire, explosion or
pared and maintained at the waste tire storage            release of solid waste constituents to the air, water
facility and be updated annually. The applicable          or soil of this Commonwealth or threaten public
provisions of the Department approved PPC plan            health or safety, public welfare or the environment.
shall be immediately implemented for any emer-              (b) A person or municipality may not cause or
gency that affects or threatens public health, safety,    allow the open burning of waste tires or tire de-
welfare or the environment.                               rived materials.
  (c) Storage of waste tires or tire derived materi-        (c) Each person or municipality storing waste
als which occurs at a permitted processing or             tires or tire derived materials shall have available
                            PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
4162                                      PROPOSED RULEMAKING

in proper working condition the following equip-          emergency until the operator has remediated the
ment at the storage site unless otherwise approved        area, and the Department has inspected and ap-
by the Department in writing:                             proved the remediation.
  (1) An internal communications or alarm system          § 299.161. Soil and water protection.
capable of providing immediate emergency instruc-           (a) Surface water runoff from storage areas shall
tions by voice or signal to facility personnel.           be minimized. Collection of surface water runoff
  (2) A communications system capable of summon-          shall be managed in accordance with The Clean
ing emergency assistance from local police, fire          Streams Law and the regulations thereunder.
departments, emergency medical services, and from          (b) Surface water run-on to storage areas shall be
State and local emergency response agencies.              minimized.
  (3) Portable fire extinguishers and suitable fire         (c) Waste tires or tire derived materials may not
control equipment.                                        be stored so as to cause adverse affects on ground-
  (4) Available water, at sufficient volume and pres-     water.
sure and suitable foam agent (3%—6% mixture) and            (d) The Department may require a person or
application equipment at the storage site (or an          municipality that stores waste tires or tire derived
agreement with the local fire department to pro-          materials to conduct soil or groundwater monitor-
vide the equipment) to temporarily contain a fire at      ing, or both.
the facility until emergency personnel arrive.
                                                          § 299.162. Annual report for waste tire storage
  (5) Equipment sufficient in size and design to            sites.
provide timely movement of tires and tire derived
materials in case of an emergency.                          (a) Each person or municipality that stores waste
                                                          tires or tire derived materials shall submit to the
  (6) For indoor tire storage, an active fire suppres-    Department an annual operation report on or be-
sion system in the building.                              fore June 30 of each year.
  (d) The operator of a waste tire storage site shall       (b) The annual report shall be maintained onsite.
immediately implement the applicable provisions of        If the storage site is not part of a permitted pro-
the Preparedness, Prevention and Contingency              cessing or disposal facility, the annual report shall
(PPC) plan if there is a fire or other event that         be maintained for at least 5 years. The report shall
threatens public health, safety, welfare or the envi-     include:
ronment or threatens personal injury. In addition,
the operator shall immediately:                             (1) The approximate number and type of waste
                                                          tires that were being stored at the storage site on
  (1) Assess actual or potential hazards to public        January 1 of the preceding calendar year, and the
health, safety, welfare or the environment that are       approximate number and type of waste tires that
occurring or may occur.                                   were being stored at the storage site on December
  (2) Ensure that fires or other hazards do not           31 of the preceeding calendar year.
occur, reoccur or spread to other solid waste at the        (2) The approximate number and type of waste
storage site.                                             tires that were received at the storage site in the
  (3) Telephone the Department and county emer-           preceeding calendar year, the person and location
gency management agency and report the following          from which they were shipped and the name of the
information:                                              transporter.
  (i) The name of the person reporting the incident         (3) The approximate number and type of waste
and telephone number where that person can be             tires that were shipped from the site in the
reached.                                                  preceeding calendar year, the person and location
                                                          to which they were shipped and the end use for
 (ii) The name and address of the storage site.           which they were shipped.
  (iii) The date, time and location of the fire or          (4) The weight or volume of waste tires and tire
other event that threatens the public health, safety,     derived materials that were being stored at the
welfare or the environment.                               storage unit on January 1 of the preceding calen-
  (iv) A brief description of the event being re-         dar year and the weight or volume of tire derived
ported, the type of solid waste involved and what         materials that were being stored at the storage site
dangers to public health, safety, welfare or the          on December 31 of the preceding calendar year.
environment exist or may occur.                             (5) The weight or volume of waste tires and tire
 (v) The nature of any injuries.                          derived materials that were shipped from the stor-
                                                          age site in the preceeding calendar year, the person
  (vi) Parts of the PPC plan being implemented to         and location from which they were shipped and the
alleviate the situation.                                  end use for which they were shipped.
  (3) After a fire or other emergency, the operator         (c) The annual report shall be based on a daily
of a waste tire storage site shall:                       operational record, which shall be maintained by
  (1) Remediate the area affected by the emergency        the person or municipality storing waste tires for
and treat, store or dispose of recovered solid waste,     each day that waste tires are received or trans-
contaminated soil, contaminated water or other            ported off the storage site.
material in a manner approved by the Department.          § 299.163. Cessation of operations.
 (2) Prevent disposal, processing, storage or treat-       Upon cessation of waste tire or tire derived
ment of solid waste in the area affected by the           material storage activities, the operator shall imme-
                            PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998
                                              PROPOSED RULEMAKING                                                                            4163

diately remove all waste tires and tire derived                 (b) A person or municipality that transports residual
materials from the storage site, and provide for the          waste that is mixed with waste that is regulated under
processing or disposal of the materials or waste in           Article VIII shall comply with §§ 285.211—[ 285.217 ]
accordance with the act, the environmental protec-            285.218 (relating to general provisions).
tion acts, and this title.
                                                                              GENERAL PROVISIONS
  Subchapter B. STANDARDS FOR COLLECTING                      § 299.219. Recordkeeping and reporting.
   AND TRANSPORTING OF RESIDUAL WASTE
                                                                (a) A person or municipality that transports residual
                         SCOPE                                waste shall make and maintain an operational record for
§ 299.201. Scope.                                             each day that residual waste is collected or transported,
                                                              or both. The daily operational record shall be kept in the
   (a) A person or municipality that transports residual      cab of each transportation vehicle on the date of collection
waste that is not mixed with waste that is regulated          or transportation. The record shall include the following:
under Article VIII (relating to municipal waste) shall                          *    *     *    *     *
comply with §§ 285.218 and 299.211—299.219 (relating
to signs on vehicles; and general provisions). In addi-         (8) The license plate number of the trailer trans-
tion, a person or municipality that transports waste          porting the waste.
referred to in §§ 299.231 and 299.232 (relating to types of                     *    *     *    *     *
waste) shall transport the waste in accordance with the          [Pa.B. Doc. No. 98-1351. Filed for public inspection August 14, 1998, 9:00 a.m.]
applicable provisions of these sections, and may not mix
the waste with other types of waste.




                               PENNSYLVANIA BULLETIN, VOL. 28, NO. 33, AUGUST 15, 1998

				
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