Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article IX - Residual Waste Management › Chapter 287 - RESIDUAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter H - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 287.621 - Application for general permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person or municipality may apply to the
						  Department for the issuance of a general permit for a category of beneficial
						  use of residual waste or for a category of processing of residual waste, where
						  processing is necessary to prepare the waste for beneficial use.
(b) An application for the issuance of a
						  general permit shall be submitted on a form prepared by the Department and
						  shall contain the following:
(1) A
						  description of the type of residual waste to be covered by the general permit,
						  including physical and chemical characteristics of the waste. The chemical
						  description shall contain an analysis meeting the requirements of §
														287.132 (relating to chemical
						  analysis of waste) for a sufficient number of samples of residual waste in the
						  waste type to accurately represent the range of physical and chemical
						  characteristics of the waste type.
(2) A description of the proposed type of
						  beneficial use or processing activity to be covered by the general
						  permit.
(3) A detailed narrative
						  and schematic diagram of the production or manufacturing process from which the
						  waste to be covered by the general permit is generated.
(4) For beneficial use general permits,
						  proposed concentration limits for contaminants in the waste which is to be
						  beneficially used, and a rationale for those limits.
(5) For general permits that involve
						  beneficial use of a processed or unprocessed waste, a detailed demonstration of
						  the efficacy of the waste for the proposed beneficial use, which shall include:
(i) If the waste is to be used as a
						  substitute for a commercial product, a demonstration that the waste is capable
						  of performing the desired functions of the commercial product, and that the
						  waste meets or exceeds all applicable ASTM, Department of Transportation or
						  other applicable National, state, local or industry standards or specifications
						  for the material for which the waste is being substituted.
(ii) If the waste is to be used as a raw
						  material for a product with commercial value, a demonstration that the waste
						  will contribute significant properties or materials to the end product, and
						  that the waste meets or exceeds all applicable ASTM, Department of
						  Transportation or other applicable National, state, local or industry standards
						  or specifications for the material for which the waste is being
						  substituted.
(iii) If the waste is
						  to be used in general roadway application or highway construction, a
						  demonstration that approval has been granted by the Department of
						  Transportation Product Evaluation Board, if applicable, for the use of the
						  waste for the intended application.
(iv) If the waste is to be used as a
						  construction material, soil substitute, soil additive or antiskid material, or
						  is to be otherwise placed directly onto the land, an evaluation of the
						  potential for adverse public health and environmental impacts from the proposed
						  use of the residual waste. The evaluation shall identify the particular
						  constituents of the waste which present the potential for adverse public health
						  and environmental impacts, and the potential pathways of human exposure to
						  those constituents, including exposure through groundwater, surface water, air
						  and the food chain. The Department may waive or modify this requirement in
						  writing.
(v) If the waste is to be
						  used without reclamation as a construction material, soil additive, soil
						  substitute or antiskid material or is to be otherwise placed directly onto the
						  land, a demonstration that the residual waste to be beneficially used meets, at
						  a minimum, the requirements of §
															288.623(a)
						  (relating to minimum requirements for acceptable waste). The Department may
						  waive the requirements of §
															288.623(a) that
						  relate to secondary MCLs for this demonstration. The Department may waive or
						  modify this provision for the use of oil and gas brines for road
						  stabilization.
(vi) If the waste is
						  to be used as a construction material, a description of the construction
						  activities and detailed timelines for the prompt completion of the construction
						  activities.
(6) If
						  residual wastes are blended for use, a demonstration that each waste results in
						  a beneficial contribution to the use of the mixed waste and that the
						  consistency of the blend will be maintained. The applicant shall specify the
						  quantities and proportions of all materials included in the blended waste and
						  the mixture shall meet appropriate standards for use.