Final Amendments to the Municipal & Residual Waste Regulations Environmental Quality Board October 16, 2007 Thomas K. Fidler, Deputy Secretary Office of Waste, Air and Radiation Management

Notification of Proximity to Military Airports Vintage B-17s. The lower one is the Yankee Lady, owned by the Yankee Air Museum. Willow Run Airport, Belleville, Michigan.

Background In 2004, DOD petitioned for revisions to the municipal and residual waste regulations to include: addition of military airfields in the definition of airports, and notice requirements for transfer stations.

DOD Issues & Concerns Bird strikes pose a real risk to military aircraft. The risk of bird strikes may increase in the vicinity of waste transfer stations in addition to landfills. In 1995 a bird strike caused military aircraft to crash Elmendorf AFB, resulting in 24 fatalities.

EQB Background EQB accepted the petition for study in October 2004. EQB recommended revisions to the regulations in April 2005. Amendments affect both the municipal and residual waste regulations.

Final Amendments Amend the definition of airport to include military airports. Require applicants for landfills and transfer stations to provide notification. Definitions: the term airport will include military airports; it does not include heliports. Notification: the applicant must notify the Bureau of Aviation (PennDOT), the Federal Aviation Administration and the airport. The application must include copies of the notifications and responses.

Solid Waste Advisory Committee Proposed amendments were discussed at the July 14, 2005, SWAC meeting. SWAC’s concerns: Unnecessary as transfer facilities are primarily indoor operations. Lack of timely response may delay permit decision and will impose a burden to industry.

DOD and DEP Rationale In consultation with DOD, the Department decided to proceed with the rulemaking because: some facility activities do occur outside the building, and the requirements only apply to new and expanded facilities. Examples of transfer facility activities that occur outdoors include waste loading, unloading and storage. The regulations do not completely prohibit open transfer stations. Notification is not a burden as it applies to only a small number of facilities.

Solid Waste Advisory Committee The Department discussed SWAC’s concerns with DOD and returned to the Committee on May 11, 2006. Despite additional clarification and justification, SWAC voted not to recommend the amendments. SWAC Chair Jim Close’s letter to Secretary McGinty states: “… the Committee remains unconvinced that under normal operation, transfer stations constitute a bird hazardous to airports, including military airports. It recognizes, however, that by not adding military airport to the definition of airport, these installations would not be notified as part of the current landfill notification requirements, which do pose a threat.”

EQB Background EQB adopted the proposed rulemaking in October 2006. Published in the Pennsylvania Bulletin on December 23, 2006, for 30-day public comment. Received comments from three commenters.

Solid Waste Advisory Committee Final amendments were discussed at the April 11, 2007, SWAC meeting. SWAC members voted again to not recommend the amendments.

Summary The amendments will minimally increase the application cost. The amendments will benefit personnel in aircraft as they approach or depart the airport and the surrounding communities by reducing the potential risk of bird strikes to aircraft. Request approval as final rulemaking.

Thank You Thomas K. Fidler Deputy Secretary, Office of Waste, Air and Radiation Management Kenneth Reisinger Bureau of Waste Management Steve Socash Bureau of Waste Management Susan Seighman Bureau of Regulatory Counsel