Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VIII - Municipal Waste › Chapter 271 - MUNICIPAL WASTE MANAGEMENT-GENERAL PROVISIONS › Subchapter I - BENEFICIAL USE › ISSUANCE OF GENERAL PERMITS › Section 271.821 - 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 municipal waste or for a category of processing of municipal waste when
						  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 waste to be covered by the general permit, including the
						  physical and chemical characteristics of the waste. The chemical description
						  shall contain an analysis meeting the requirements of §
														271.611 (relating to chemical
						  analysis of waste) for a sufficient number of samples of the waste to represent
						  accurately the range of physical properties and chemical characteristics of the
						  waste.
(2) A description of the
						  proposed type of beneficial use or processing activity to be covered by the
						  general permit.
(3) 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.
(4) 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 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 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 municipal 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. This requirement does not apply to general permits for the
						  land application of sewage sludge. 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 leaching analysis of the
						  municipal waste to be beneficially used is no greater than 25 times the primary
						  maximum contaminant level (MCL) for metals and other cations and the primary
						  MCL for contaminants other than metals and cations.
(5) If 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.
(6) For a mixture of
						  sewage sludge and residual waste, a demonstration that the following
						  requirements are met in addition to the other requirements of this subchapter:
(i) The person who prepares the sewage sludge
						  has one of the following:
(A) A permit for
						  operation of the facility issued by the Department under the procedures and
						  requirements of Chapter 91 or 92 (relating to general provisions; and National
						  Pollutant Discharge Elimination System) or this chapter, as
						  applicable.
(B) A permit for
						  operation of the facility in which the sewage sludge is prepared, that is
						  issued or modified by the State in which the facility is located or by the EPA,
						  from which the Department may determine that the sewage sludge and residual
						  waste mixture to be land applied will meet the standards in 40 CFR Part 503
						  (relating to standards for the use or disposal of sewage sludge).
(ii) The requirements of the
						  following sections are met: §§ 271.902(g), 271.904-271.907, 271.911,
						  271.913-271.919 and 271.931-271.933.