Regarding the requirements incorporated by reference, the substitution of terms in § 260a.3 (relating to terminology and citations related to Federal regulations) does not apply to the incorporation by reference of 40 CFR 261.39(a)(5) (relating to conditional exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling).

Authority

The provisions of this § 261a.39 adopted under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § § 6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § § 6020.303 and 6020.305(e)(2)); section 5, 402 and 501 of The Clean Streams Law (35 P. S. § § 691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Source

The provisions of this § 261a.39 adopted January 9, 2009, effective January 10, 2009, 39 Pa.B. 201.

APPENDIX IXa. WASTES EXCLUDED UNDER 25 Pa. Code § 260a.20 AND 40 CFR 260.20 AND 260.22.

Table 1a. Wastes Excluded from Nonspecific Sources

Table 2a. Wastes Excluded from Specific Sources FacilityAddressWaste Description Max Environmental Technologies, Inc. 233 Max Lane Yukon, PA 15698 Electric arc furnace dust (EAFD) that has been treated on site by MAX Environmental Technologies, Inc. (MAX) at a maximum annual rate of 300,000 cubic yards per year and disposed of in a Permitted Resource Conservation and Recovery Act Subtitle D/ Pennsylvania Class 1 residual waste landfill that has groundwater monitoring. (1) Delisting Levels: (i) The constituent concentrations measured in either of the extracts specified in paragraph (2) may not exceed the following levels (mg/L): Antimony-0.206; Arsenic-0.0094; Barium-21; Beryllium-0.416; Cadmium-0.11; Chromium-0.60; Lead-0.75; Mercury-0.025; Nickel-11.0; Selenium-0.58; Silver-0.14; Thallium-0.088; Vanadium-21.1; Zinc-4.3. (ii) Total mercury may not exceed 1 mg/kg. (2) Verification Testing: (i) On a batch basis, MAX must analyze a representative sample of the waste using the following: (A) The Toxicity Characteristic Leaching Procedure (TCLP) , test Method 1311 in ‘‘Test Methods for Evaluating Solid Waste. Physical/Chemical Methods.’’ EPA publication SW-846, as incorporated by reference in 40 CFR 260.11. (B) The TCLP as referenced above with an extraction fluid of pH 12 ±0.05 standard units. (C) SW-846 Method 7470 for mercury. (ii) The constituent concentrations measured must be less than the delisting levels established in paragraph (1). (3) Changes in Operating Conditions: (i) If any of the approved EAFD generators significantly changes the manufacturing process or chemicals used in the manufacturing process or MAX significantly changes the treatment process or the type of chemicals used in the treatment process, MAX must notify the Department of the changes in writing. (ii) MAX must handle wastes generated after the process change as hazardous until MAX has demonstrated that the wastes continue to meet the delisting levels set forth in paragraph (1) and that no new hazardous constituents listed in Appendix VIII of Part 261 have been introduced and MAX has received written approval from the Department. (4) Data Submittals: (i) MAX must submit the data obtained through routine batch verification testing, as required by other conditions of this rule or conditions of the permit, to the Pennsylvania Department of Environmental Protection Southwest Region, 400 Waterfront Drive, Pittsburgh, Pennsylvania 15222. (ii) The data from the initial full scale batch treatments following permit modification and construction of the treatment unit shall be submitted to the Department as it becomes available and prior to disposal of those batches. (iii) The data submission frequency can be modified by the Department upon demonstration that the treatment method is effective. (iv) All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). (v) MAX must compile, summarize, and maintain on site for a minimum of 5 years records of operating conditions and analytical data. MAX must make these records available for inspection. (5) Reopener Language: (i) If, at any time after disposal of the delisted waste, MAX possesses or is otherwise made aware of any data for any of the approved disposal facilities (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted waste indicating that any constituent identified in paragraph (1) is at a level in the leachate higher than the delisting level established in paragraph (1), or is at a level in the groundwater higher than the specific facility action levels, then MAX or the disposal facility must report such data, in writing, to the Regional Director of the Pennsylvania Department of Environmental Protection Southwest Region within 10 days of first possessing or being made aware of that data. (ii) Based on the information described in subparagraph (i) and any other information received from any source, the Regional Director will make a preliminary determination as to whether the reported information requires Department action to protect human health or the environment. Further action may include suspending or revoking the exclusion or other appropriate response necessary to protect human health and the environment. (iii) If the Regional Director determines that the reported information does require Department action, the Regional Director will notify MAX in writing of the actions the Regional Director believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing MAX and/or the approved disposal facility with an opportunity to present information as to why the proposed Department action is not necessary or to suggest an alternative action. MAX and/or the approved disposal facility shall have 30 days from the date of the Regional Director’s notice to present the information. (iv) If after 30 days MAX and/or the approved disposal facility presents no further information, the Regional Director will issue a final written determination describing the Department actions that are necessary to protect human health or the environment. Any required action described in the Regional Director’s determination shall become effective immediately, unless the Regional Director provides otherwise.

Authority

The provisions of this Appendix IXa issued under section 105(a) of the Solid Waste Management Act (35 P. S. § 6018.105(a)); amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § § 6018.105, 6018.402 and 6018.501) and section 1920-A of the Administrative Code of 1929 (71 P. S. § 510-20).

Source

The provisions of this Appendix IXa adopted February 10, 2006, effective February 11, 2006, 36 Pa.B. 705; amended September 10, 2010, effective September 11, 2010, 40 Pa.B. 5139. Immediately preceding text appears at serial pages (341224) to (341227).