1. 1 Revisions to Municipal/Residual Waste Regulations PA Department of Environmental Protection Solid Waste Advisory Committee January 16, 2008

2. 2 Summaries for All Proposed Chapters Summaries provide the key revisions within all chapters of the proposed municipal and residual waste regulations. Revised regulations and summaries are posted to Solid Waste Advisory Committee Web site: http://www.dep.state.pa.us/dep/subject/advcoun/solidwst/swac.htm Continued comments and dialog on all chapters are welcome.

3. 3 Further Revisions Based on comments from DEP staff, SWAC members, and other interested groups, further revisions were made to: Chapter 271 General Provisions Chapter 272 Municipal Waste Planning, Recycling and Waste Reduction Chapter 273 Landfills Chapter 283 Resource Recovery and Other Processing Facilities Chapter 285 Collection and Transportation

4. 4 Section 271.1 Definitions Access road – deleted “including approach routes” from draft. Approach routes – added “Public” routes to draft. Local municipalities – deleted “municipalities adjacent to the host municipality or municipalities” and “may” demonstrate from draft. Section 271.104 Emergency disposal or processing Missing residual waste regulation from Chapter 287 was added. Section 271.421 Administrative inspections Inspection frequencies were modified. Subchapter K Duties of Residual Waste Generators Changes to existing Subchapter B in Chapter 287 were bolded and underlined. Chapter 271, General Provisions

5. 5 Chapter 273, Landfills Section 273.11 Areas where landfills are prohibited “Recharge area” added and “Valley, ravine, head of hollow” deleted for clarity. Sections 273.21, 112, 196, and 311 Commodity bans were revised. Banned materials are listed on the next two slides. Project plans to address banned materials were added. “Cost effective” recycling plan language was deleted. Daily operation records were expanded to include banned materials. Sections 273.22, 117, and 161 Attenuating soil language was changed. Section 273.232 (g) Daily cover New language to clarify alternative daily cover limit.

6. 6 Changes to Commodity Bans: Phase 1 to be effective 60 DAYS from date of new regulations White goods and scrap metal CRTs Waste oil and used oil filters Aluminum, steel and bimetallic cans Shredded tires Chapter 273, Landfills (cont’d)

7. 7 Changes to Commodity Bans: Phase 2 to be effective TWO YEARS from date of new regulations Land clearing and grubbing waste Wood pallets and unpainted wood High-grade office paper, newsprint, corrugated paper, magazines, catalogues, and telephone directories PETE (#1) and HDPE (#2) plastic bottles and jugs Glass bottles and jars Yard waste (leaf waste and grass clippings) Changes to Commodity Bans: Phase 3 to be effective FOUR YEARS from date of new regulations Mercury-containing devices and bulbs Oil-based paint Source-separated food waste Mattresses and box springs Rigid plastics Electronic waste Carpeting Chapter 273, Landfills (cont’d)

8. 8 Chapter 283, Resource Recovery Facilities Sections 283.21, 261 and 281 Commodity ban language was added “Cost effective” recycling plan language was deleted. Daily operation records were expanded to include banned materials. Section 283.214 (b) Measurement and inspection of waste Existing language was reinstated.

9. 9 Chapter 285, Collection and Transportation  Section 285.211 (f) General Requirements  Waste transporters need to comply with banned material regulations was added.

10. 10 Chapter 272, Recycling Section 272.234 Municipal Responsibilities Municipal Waste Planning requirement for adequate waste transportation and collection and recycling was added. Prevention of illegal disposal was added. Proper recycling of banned materials was added. Sections 272.223 (b) and (e)(6) Plan Content Inventory of illegal dumping and litter in county plan was deleted. Section 272.341 (16) Grants for County Recycling Coordinators New recycling education requirement was deleted because it is covered in existing Section 272.341 (6).

11. 11 Major Changes Modified definition of Waste for residual and municipal materials Changes to Environmental Assessment process Changes to Permit Terms Changes to Local Municipal Involvement Process Chapter 271, General Provisions

12. 12 Definition of Waste (cont) Waste— (i) A material [whose] for which its original purpose has been completed and which is directed to a disposal, processing or beneficial use facility or is otherwise disposed [of], abandoned, discarded, processed or beneficially used. (ii) The term does not include the following: (A) [source]Source-separated recyclable materials[, materials approved by the Department for beneficial use under a beneficial use order issued by the Department prior to May 27, 1997, or material which is beneficially used in accordance with a general permit issued under Subchapter I or Subchapter J (relating to beneficial use; and beneficial use of sewage sludge by land application) if a term or condition of the general permit excludes the material from being regulated as a waste].

13. 13 Definition of Waste (cont) (B) [Coproducts.] Materials that are used as a fuel in an air contamination source vented to the outdoor atmosphere authorized by the Department pursuant to Chapter 127, limited to the following: (I) Specification waste oil as defined in § 298.11 Table 1. (II) Uncontaminated wood chips and saw dust. (III)Whole tires, tire chips, and non-chlorinated plastics used in a combustion source with a rated heat input greater than 2.5 MMBTU/hr. (C) Clean fill. (D) Materials that are not reclaimed and are able to be used or reused as an ingredient in an industrial process to make a product or employed in a particular function or application as an effective substitute for a commercial product, provided the following conditions are met: (I) Materials are not being accumulated speculatively. (II) Materials are stored, managed and used in a manner similar to the material it replaced that does not create a harm or threat of harm to public health or safety or to the environment, and does not create odors, dust, unsightliness or other public nuisances.

14. 14 Definition of Waste (cont) (E) Materials that are reclaimed and are able to be used or reused as an ingredient in an industrial process to make a product or employed in a particular function or application as an effective substitute for a commercial product, provided the following conditions are met: (I) All conditions identified in clause (D) (I) – (II). (II) Materials are managed by the generator or reclaimed under the control of the generator. (F) Materials that are no longer determined to be a waste in accordance with § 280.2 (relating to beneficial use).

15. 15 Definition of Waste (cont) Current Residual Discarded or abandoned Contaminated soil, water, dredge material, spent material Not waste: Contaminated soil, water, dredge material, spent material Not waste: Materials from animal food processing used as ingredient in product; steel slag used for pH treatment or on-site as aggregate; Used or reused as ingredient, employed in a particular function, substitute for a commercial product provided no reclamation Proposed Res. and Mun. Discarded or abandoned Not waste: Source separated recyclables Not waste: Certain materials used for energy recovery, including tires, plastics, saw dust, wood chips Not waste: Clean fill (soil, brick, block and concrete) meeting Act 2 based limits Not waste: Used or reused as ingredient, employed in particular function, substitute for commercial product

16. 16 Definition of Waste (cont) Current Residual Not waste: Coproducts used for land application and energy No reclamation w/o permit (gp, pbr) Person claiming not a waste is responsible to show terms of exclusion met No speculative accumulation Proposed Res. and Mun. Delete concept of coproduct No permit or notification if associated w/ generator Materials managed similar to product and no harm or threat of harm to public or environment No speculative accumulation

17. 17 Environmental Assessment Current EA for all individual permits HvB for resource recovery, transfer and landfills and other facilities where existing harms remain Harms identified by applicant, DEP or others HvB redone when facility or daily volume changed Proposed EA for transfer, resource recovery and landfills Isolation distances per standards for others HvB for resource recovery, transfer and landfills Harms identified by applicant, DEP or others that could not have been identified during LMIP HvB redone when facility or daily volume changed

18. 18 Permit Terms and Capacity Current Permit term matches design plans (capacity) 10 years or less Provisions for longer permit terms based upon financial demonstration Proposed Permit term Renewable 10 year permit until total site design identified in the permit application is completed Permit entire site design Consider entire site design and duration during HvB Permit will not be renewed unless in compliance and meet current design standards

19. 19 LMIP/Public Notice Current After submittal of application DEP, applicant and municipal officials meet to discuss permit application DEP publish receipt notice of application in PA Bulletin DEP will submit a copy of application to appropriate county, county planning agency and county health department if one exists Proposed 180 days prior to submitting application, the applicant for landfill, resource recovery facility or transfer meets with local municipalities and public Applicant prepares written summary of meeting including harms and benefits Applicant publishes notice and receives comments for 60 days. Applicant submits summary, comments and answers to DEP DEP publish receipt notice of application in PA Bulletin

20. 20 Next Steps April 2008 SWAC meeting Request recommendation on draft proposed regulations July/August 2008 Environmental Quality Board Request EQB approval of proposed rulemaking If approved, proposed regulations will be published in the Pennsylvania Bulletin 90-day public comment period to follow

21. 21 Thank You! Questions or Comments? Kim Hoover khoover@state.pa.us 717-783-7514