reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter A - SITING HAZARDOUS WASTE TREATMENT AND DISPOSAL FACILITIES › PHASE II CRITERIA › Section 269a.49 - Economic criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  treatment or disposal facility which does not adversely affect the economy of
						  the host and contiguous municipalities and municipalities contiguous to the
						  transportation corridor to the nearest interstate or limited access highway is
						  deemed to be acceptable without further assessment. If the facility will result
						  in a net loss of revenues to local jurisdictions, the applicant shall provide
						  information and analysis to allow the Department to assess compensation needed
						  to offset actual net loss of revenues to local jurisdictions caused by the
						  proposed facility.
(b) If a
						  treatment or disposal facility will result in a net increase in the cost of
						  services provided by local government, the applicant shall provide information
						  and analyses to allow the Department to assess compensation needed to offset
						  net increases in cost of services.
(c) If a treatment or disposal facility will
						  adversely affect the local economy, the applicant shall provide information and
						  analyses to allow the Department to assess employment and future economic
						  development generated as a result of the location of the facility which may
						  offset a decrease in the local economy.
(d) If a treatment or disposal facility will
						  result in a net increase in cost for monitoring the facility by local
						  government, the applicant shall provide information and analyses to allow the
						  Department to assess the need for compensation for technical assistance which
						  may offset these costs. The applicant shall assess provisions for site access
						  by local government.
(e) The
						  applicant shall provide information and analyses to allow the Department to
						  assess a change in market value of property within the local government caused
						  by operation of the treatment or disposal facility and means by which operation
						  of the proposed facility may offset the change.
This section cited in 25 Pa. Code §
															269a.13 (relating to Phase II);
								and 25 Pa. Code §
															269a.154 (relating to local
								health, safety, economic impact and
								planning).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › GENERAL PROVISIONS › Section 269a.101 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
						  words and terms when used in this subchapter, have the following meanings,
						  unless the context clearly indicates otherwise:
CPN
-Certificate of public
							 necessity.
Chairperson
-Chairperson of the
							 EQB.
Impact assessment
-A report, analysis
							 or module previously prepared by or on behalf of the applicant to comply with
							 existing Federal or State permitting or regulatory requirements. The term
							 includes solid waste management permit modules and analyses submitted to meet
							 the requirements of Subchapter A (relating to siting hazardous waste treatment
							 and disposal facilities) and established State and Federal permitting
							 requirements.
(b) Words and
						  terms not otherwise defined in this section have the meanings in §§
													260a.10 and
						  269a.1 (relating to definitions;
						  and definitions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › GENERAL PROVISIONS › Section 269a.102 - Scope and applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes application requirements
							 and procedures governing the review and consideration of an application for a
							 CPN from the EQB under section 105 of the act (35 P. S. §
														6018.105). A permittee of a hazardous waste
							 treatment or disposal facility may apply for a CPN under this
							 subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › GENERAL PROVISIONS › Section 269a.103 - CPN

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The EQB has the
						  power and its duty is to assist in the implementation of the Pennsylvania
						  Hazardous Waste Facilities Plan through the issuance of CPNs for the
						  establishment of hazardous waste treatment and disposal facilities.
(b) Issuance of a CPN by the EQB shall
						  suspend and supersede local laws, including zoning ordinances, which would
						  preclude or prohibit the establishment of a hazardous waste treatment or
						  disposal facility.
(c) The
						  suspension and supersession granted by the CPN is explicitly extended to a
						  person to whom the CPNs are issued for the purpose of hazardous waste treatment
						  or disposal, and to the successors and assigns of the person.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › CONFLICT OF INTEREST › Section 269a.111 - Conflict of interest

Current through Register Vol. 54, No. 28, July 13, 2024
A member or alternate of the EQB or staff designated
							 to review any aspect of an application for a CPN who may have a potential
							 conflict of interest as described in the act of October 4, 1978 (P. L. 883, No.
							 170) (65 P. S. §§
														401-413), the State Adverse Interest Act
							 (71
							 P. S. §§
														776.1-776.7a) and 4 Pa.
							 Code Chapter 7, Subchapter K (relating to code of conduct for appointed
							 officials and State employes) or other applicable codes of conduct shall
							 immediately notify the Chairperson of the potential conflict. The Chairperson
							 will advise the EQB of the potential conflict. The EQB may recommend that the
							 member, alternate or staff abstain from participation in the proceedings or may
							 seek a ruling regarding the conflict under the applicable ethics law or code of
							 conduct.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › APPLICATION REQUIREMENTS › Section 269a.121 - Eligible applicants

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant for a CPN shall have:
(1) Permits necessary for construction and
						  operation of a new or modified facility from the Department or the Federal
						  agency authorized to issue permits in this Commonwealth.
(2) Implemented impact assessments and public
						  participation programs related to obtaining those permits.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › APPLICATION REQUIREMENTS › Section 269a.122 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant shall submit eight copies of the
							 following items in an application for a CPN to the Chairperson by certified
							 mail:
(1) The hazardous waste permit
						  issued for the treatment or disposal facility by the Department or the Federal
						  agency, or both, authorized to issue permits in this Commonwealth.
(2) Documentation of the applicant's receipt
						  of other State and Federal permits necessary for construction and operation of
						  the facility.
(3) Impact
						  assessments related to the facility.
(4) Local laws and ordinances, if any, which
						  the applicant believes may preclude or prohibit the establishment of a
						  hazardous waste treatment or disposal facility on the proposed site.
(5) A narrative description, including
						  supporting documentation and appropriate references, demonstrating the extent
						  to which the applicant has complied with §§
													269a.151-269a.155 (relating to criteria for
						  issuing CPNs).
(6) Other
						  information the applicant feels will help the EQB determine if a CPN is
						  warranted based upon the criteria in §§ 269a.151-269a.155.
(7) A summary of the application which
						  describes the type of facility for which this CPN is requested and includes a
						  summary of paragraphs (1)-(6). The summary shall be five pages or less in
						  length.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › APPLICATION REQUIREMENTS › Section 269a.123 - Application fee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application
						  shall be accompanied by a one-time minimum nonrefundable application fee of
						  $1,500.
(b) The applicant shall
						  reimburse the Board for actual expenses incurred for reviewing and acting on
						  the application beyond the expenses covered by the minimum fee.
(c) An applicant resubmitting a CPN
						  application for the same facility is exempt from the minimum fee but is
						  responsible for the expenses incurred by the Board for reviewing and acting
						  upon the application.
This section cited in 25 Pa. Code §
															269a.132 (relating to local
								government representatives); and 25 Pa. Code §
															269a.142 (relating to local docket
								and mailing list).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › APPLICATION REQUIREMENTS › Section 269a.124 - Public notice of application submitted to the EQB

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The applicant shall provide written
						  notice by certified mail of its submission of an application for a CPN to the
						  EQB within 10 days of the submittal to:
(1)
						  The host municipality and host county.
(2) Other counties within 10 miles and other
						  municipalities within 1 mile of the proposed facility.
(3) The landowners adjacent to the proposed
						  site.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › EQB PROCEDURE › Section 269a.131 - Complete application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
						  receipt of an application for a CPN by the Board, the application shall be
						  reviewed for completeness.
(b) The
						  Chairperson will notify the EQB that an application has been received at the
						  first EQB meeting following its receipt. The EQB will determine whether an
						  application for a CPN is complete within 60 days of the Chairperson's
						  notification to the EQB.
(c) Upon a
						  determination by the EQB that the application is complete, the Chairperson will
						  initiate the public review and comment procedures outlined in §§
													269a.132 and
						  269a.141 (relating to local
						  government representatives; and initial public notice) and notify the
						  applicant. The Chairperson will provide a copy of the complete application to
						  the host county and host municipality.
(d) An application determined to be
						  incomplete shall be returned to the applicant with an explanation of why the
						  application is incomplete.
(e)
						  After the application is determined to be complete, the EQB reserves the right
						  to request additional information relevant to its decision under section 105(f)
						  and (g) of the act (35 P. S. §
														6018.105(f) and
						  (g)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › EQB PROCEDURE › Section 269a.132 - Local government representatives

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the EQB has accepted a complete CPN
						  application for consideration, the EQB will ask the governing body of the host
						  county and the governing body of the host municipality-township, borough, town,
						  home rule municipality or city-to each name one representative who will be
						  invited to be present during EQB deliberations and hearings on the application
						  and receive copies of materials given EQB members during the consideration of
						  an application accepted for review.
(b) The role of the local government
						  representative shall be to participate in the deliberations of the EQB as it
						  considers the application. The representatives will not have voting rights on
						  the EQB.
(c) A local government
						  representative will be reimbursed for expenses incurred in participating with
						  the EQB as outlined in Management Directive 230.10 (Travel and Subsistence
						  Allowances), issued by the Governor's Office through the Directives Management
						  System. See 4 Pa. Code Chapter 1, Subchapter A (relating to directives
						  management system). This cost will be recovered as part of the cost of review
						  of the application in the application fee under §
													269a.123 (relating to application
						  fee).
This section cited in 25 Pa. Code §
															269a.131 (relating to complete
								application).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › PUBLIC REVIEW AND COMMENT › Section 269a.141 - Initial public notice

Current through Register Vol. 54, No. 28, July 13, 2024
The EQB will issue a press release and publish a
							 notice in the
Pennsylvania Bulletin
and two newspapers of
							 general circulation in the county of the proposed facility once a week for 2
							 successive weeks. The notices and press release shall state that the EQB is
							 considering a complete application for a CPN, and shall include the following
							 items:
(1) The name, address and
						  telephone number of the applicant.
(2) The location and description of the
						  proposed facility.
(3) A
						  description of the process followed by the EQB to consider an application for a
						  CPN.
(4) The location of a local
						  docket where application materials can be reviewed by interested persons in the
						  host municipality or county.
(5) An
						  invitation to interested persons to include their name on a mailing list
						  established by the EQB to receive future notices concerning the CPN
						  application.
This section cited in 25 Pa. Code §
															269a.131 (relating to complete
								application); 25 Pa. Code §
															269a.143 (relating to public
								hearing); and 25 Pa. Code §
															269a.163 (relating to public
								notice of decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › PUBLIC REVIEW AND COMMENT › Section 269a.142 - Local docket and mailing list

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The EQB will establish a docket in a publicly accessible location in the host
						  municipality or county as near as practical to the proposed facility where
						  materials related to the EQB's consideration of the CPN application can be made
						  available to the public for review.
(b) The EQB will establish and maintain a
						  mailing list of persons interested in receiving notices concerning the CPN
						  application.
(c) If the docket is
						  located in a publicly-owned or operated building, the EQB will compensate the
						  building owner or operator for the cost of maintaining the docket for public
						  review. This cost will be recovered as part of the cost of review of the
						  application in the application fee under §
													269a.123 (relating to application
						  fee).
This section cited in 25 Pa. Code §
															269a.143 (relating to public
								hearing); and 25 Pa. Code §
															269a.163 (relating to public
								notice of decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › PUBLIC REVIEW AND COMMENT › Section 269a.143 - Public hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The EQB
						  will schedule at least one public hearing on the application in the host
						  municipality or county within 90 days of the acceptance of a complete
						  application for consideration.
(b)
						  Notice of the hearing will be given 30 days before the hearing by the EQB as
						  outlined in §
													269a.141 (relating to initial
						  public notice) and to those on the mailing list in §
													269a.142 (relating to local docket
						  and mailing list).
(c) A minimum of
						  three members of the EQB will be present at a hearing scheduled on the
						  application. The hearing shall be transcribed and the transcript shall be
						  available to the EQB for review.
(d) The public comment period will remain
						  open for comments for at least 30 days after the last public hearing on the
						  application.
(e) The public comment
						  period may be extended up to 60 days by the EQB if significant new information
						  is forthcoming that warrants the extension.
This section cited in 25 Pa. Code §
															269a.161 (relating to deadline for
								decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › CRITERIA FOR ISSUING CPNs › Section 269a.151 - General criterion

Current through Register Vol. 54, No. 28, July 13, 2024
The EQB will evaluate the information received from
							 the applicant, the comments received on the application during the comment
							 period and other relevant information in reaching its decision on the
							 application.
This section cited in 25 Pa. Code §
															269a.122 (relating to
								application); and 25 Pa. Code §
															269a.162 (relating to record of
								decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › CRITERIA FOR ISSUING CPNs › Section 269a.152 - Conformance with the Hazardous Waste Facilities Plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The EQB will determine the extent to
						  which the facility is in conformance with the Hazardous Waste Facilities Plan
						  (Plan) as adopted and amended by the EQB.
(b) The EQB will determine whether the
						  facility is needed as defined by the Plan and whether the facility is
						  consistent with the waste management hierarchy outlined in the Plan.
This section cited in 25 Pa. Code §
															269a.122 (relating to
								application); and 25 Pa. Code §
															269a.162 (relating to record of
								decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › CRITERIA FOR ISSUING CPNs › Section 269a.153 - Impact on adjacent populated areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The EQB will determine the impact of the
						  proposed facility on adjacent populated areas and areas through which wastes
						  are transported to the facility.
(b) In making this determination the EQB may
						  consider how the facility has complied with siting criteria under §§
													269a.46 and
						  269a.48 (relating to
						  transportation standards; and proximity of facilities and
						  structures).
This section cited in 25 Pa. Code §
															269a.122 (relating to
								application); and 25 Pa. Code §
															269a.162 (relating to record of
								decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › CRITERIA FOR ISSUING CPNs › Section 269a.154 - Local health, safety, economic impact and planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The EQB will determine the impact of the
						  facility on the borough, township, town, home rule municipality or city in
						  which the facility is located in terms of health, safety, cost and consistency
						  with local planning.
(b) In making
						  this determination the EQB may consider how the facility has complied with
						  siting criteria in §§
													269a.45,
						  269a.47 and
						  269a.49 (relating to land use;
						  safety services; and economic criteria).
This section cited in 25 Pa. Code §
															269a.122 (relating to
								application); and 25 Pa. Code §
															269a.162 (relating to record of
								decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › CRITERIA FOR ISSUING CPNs › Section 269a.155 - Public participation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The EQB will consider the extent to which the applicant has implemented
						  guidelines developed by the EQB at Chapter 24 (relating to model procedure for
						  meaningful public participation-statement of policy) relating to public
						  participation in the location of a hazardous waste treatment and disposal
						  facility as significant evidence of the applicant's willingness to provide the
						  public with a meaningful opportunity to participate in the evaluation of
						  alternate sites or technologies, development of siting criteria, socioeconomic
						  assessment and other phases of the site selection process.
(b) The EQB will also consider cooperative
						  agreements developed between the applicant and host county and host
						  municipality as further evidence of meaningful public participation.
(c) The EQB will determine the extent to
						  which the proposed facility has been the subject of a public participation
						  program in which citizens have had a meaningful opportunity to participate in
						  the evaluation of alternative sites or technologies, development of siting
						  criteria, socioeconomic assessment and other phases of the site selection
						  process.
This section cited in 25 Pa. Code §
															269a.122 (relating to
								application); and 25 Pa. Code §
															269a.162 (relating to record of
								decision).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › EQB DECISION › Section 269a.161 - Deadline for decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  EQB will issue its decision on the application within 180 calendar days of its
						  determination that the application is complete.
(b) The EQB may consider extending the
						  deadline for decision if one of the following occurs:
(1) The applicant and host county and host
						  municipality make a written recommendation to the Board for an extension
						  because they are close to agreement on cooperative agreements that would
						  resolve key issues.
(2) The EQB
						  extends the public comment period under §
														269a.143 (relating to public
						  hearing).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › EQB DECISION › Section 269a.162 - Record of decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  written record of decision outlining the findings of the EQB under each of the
						  criteria established in §§
													269a.151-269a.155 (relating to criteria for
						  issuing CPNs) will be issued by the EQB.
(b) The record of decision will include a
						  summary of comments received by the EQB on the CPN application and a response
						  indicating how the comments were considered by the EQB.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter B - CERTIFICATES OF PUBLIC NECESSITY › EQB DECISION › Section 269a.163 - Public notice of decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Chairperson will notify the applicant in writing of the EQB decision on the
						  application for a CPN within 10 days.
(b) The Chairperson will also notify in
						  writing the host municipality, the host county and persons identified on the
						  mailing list established under §
													269a.142 (relating to local docket
						  and mailing list) of the EQB decision within 10 days.
(c) The Department will provide additional
						  notice of the decision of the EQB as described in §
													269a.141 (relating to initial
						  public notice).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter C - HOST MUNICIPALITY FUND ALLOCATION › ELIGIBILITY › Section 269a.201 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
A host municipality is eligible for a one time
							 distribution from the Fund, under section 305 of the Hazardous Sites Cleanup
							 Act (35 P. S. §
														6020.305),
							 for each qualifying facility, located in whole or in part, within its corporate
							 boundary.
This section cited in 25 Pa. Code §
															269a.211 (relating to compliance
								with the Pennsylvania Hazardous Waste Facilities
								Plan).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter C - HOST MUNICIPALITY FUND ALLOCATION › COMPLIANCE › Section 269a.211 - Compliance with the Pennsylvania Hazardous Waste Facilities Plan

Current through Register Vol. 54, No. 28, July 13, 2024
A host municipality will only receive a one time
							 payment under §
													269a.201 (relating to eligibility)
							 for a commercial hazardous waste treatment or disposal facility, or portion
							 thereof, that is identified as being needed by the Pennsylvania Hazardous Waste
							 Facilities Plan.
This section cited in 25 Pa. Code §
															269a.211 (relating to compliance
								with the Pennsylvania Hazardous Waste Facilities
								Plan).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter C - HOST MUNICIPALITY FUND ALLOCATION › DISTRIBUTION › Section 269a.231 - Distribution of payments

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may require up to 1 year's operating
							 data from a qualifying facility to determine the allocation for that facility.
							 Allocation payments from the Fund will not be disbursed until the eligible
							 reimbursements under section 305(d)(1) of the Hazardous Sites Cleanup Act
							 (35
							 P. S. §
														6020.305(d)(1))
							 have been made or funds encumbered for payment, and the Department has
							 sufficient data to make the determinations required by §
													269a.221 (relating to allocation
							 of the Fund). The Department will make the determinations and either disburse
							 or encumber the remaining moneys in accordance with current fiscal policy to
							 assure payment within 1 year of determination of eligibility of the host
							 municipality.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter A - GENERAL INFORMATION › Section 270a.1 - Incorporation by reference, scope and applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as expressly provided in this
						chapter, 40 CFR Part 270 (relating to EPA administered permit programs: the
						hazardous waste permit program) and its appendices (relating to hazardous waste
						permit program) are incorporated by reference.
(b) Regarding the requirements incorporated
						by reference, the requirements of this chapter do not apply to an owner or
						operator of a facility specifically exempted under
						40 CFR
						270.1(c)(2) (relating to
						purpose and scope of these regulations) unless the facility is regulated under
						§
												270a.60(b)
						(relating to permits by rule).
(c)
						The owner or operator of a facility eligible to operate under §
												270a.60(b) is
						deemed to have a hazardous waste management permit if the applicable
						requirements of § 270a.60(b) are satisfied.
(d) In addition to the requirements
						incorporated by reference in 40 CFR 270.1 (relating to purpose
						and scope of these regulations), waste mercury-containing devices as described
						in §
												266b.1 (relating to incorporation
						by reference and scope) shall be managed in accordance with
						40 CFR
						270.1(c)(2)
						(viii).
This section cited in 25 Pa. Code §
														269a.1 (relating to
							 definitions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter A - GENERAL INFORMATION › Section 270a.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The definitions
						for "disposal," "person," "standardized permit" and "storage" are not
						incorporated by reference.
(b) The
						substitution of terms in §
												260a.3 (relating to terminology
						and citations related to Federal regulations) does not apply for the terms
						"Administrator," "Director," "Environmental Protection Agency" and "Regional
						Administrator" found in 40
						CFR 270.2 (relating to
						definitions).
(c) The term
						"standardized permit" means a permit issued under Subchapter I (relating to
						procedures for standardized permit) and 40 CFR Part 270 , Subpart J (relating
						to RCRA standardized permits for storage and treatment units) authorizing the
						facility owner or operator to manage hazardous waste. The standardized permit
						may have two parts: A uniform portion issued in all cases and a supplemental
						portion issued at the Department's discretion.
The provisions of this §
														270a.2 amended 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).
This section cited in §
														270a.201 (relating to
							 incorporation by reference, scope and
							 applicability).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter A - GENERAL INFORMATION › Section 270a.3 - Payment of fees

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 270.3 is not incorporated by reference,
						  and the following fees are established:
(1) Applications for a permit for hazardous
						waste storage, treatment and disposal facilities shall be accompanied by a
						nonrefundable permit application fee in the form of a check payable to the
						"Commonwealth of Pennsylvania" according to the following schedule:
(i) Land disposal
						facilities-commercial-$125,000.
(ii) Land disposal
						facility-captive-$71,400.
(iii)
						Surface impoundments:
(A)
						Commercial-$36,000.
(B)
						Captive-$14,000.
(iv)
						Postclosure permits-$25,000.
(v)
						Treatment facilities:
(A)
						Commercial-$36,000.
(B)
						Captive-$14,000.
(vi)
						Storage facilities:
(A)
						Commercial-$36,000.
(B)
						Captive-$14,000.
(vii)
						Incinerators:
(A)
						Commercial-$93,000.
(B)
						Captive-$54,000.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter A - GENERAL INFORMATION › Section 270a.4 - Effect of permit

Current through Register Vol. 54, No. 28, July 13, 2024
Regarding the requirements incorporated by reference,
						  nothing in 40 CFR
						  270.4 (relating to effect of a permit)
						  prohibits the Department from taking an enforcement action under section 602 of
						  act (35 P. S. §
													6018.602).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter A - GENERAL INFORMATION › Section 270a.5 - Noncomplying and program reporting by Director

Current through Register Vol. 54, No. 28, July 13, 2024
The substitution of terms in §
												260a.3 (relating to terminology
						  and citations related to Federal regulations) do not apply to
						  40 CFR
						  270.5 (relating to noncompliance and program
						  reporting by the Director).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter A - GENERAL INFORMATION › Section 270a.6 - References

Current through Register Vol. 54, No. 28, July 13, 2024
Regarding the requirements incorporated by reference,
						  the term "
Federal Register
" retains its meaning and is not
						  replaced by the term "
Pennsylvania Bulletin
" when used in
						  40 CFR
						  270.6 (relating to
						  references).
The provisions of this §
														270a.6 amended 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).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter B - PERMIT APPLICATION › Section 270a.10 - General application requirements and permit issuance procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Regarding the
						requirements incorporated by reference:
(1)
						The substitution of terms in §
													260a.3 (relating to terminology
						and citations related to Federal regulations) for the terms "Administrator,"
						"
Federal Register
" and "EPA" does not apply to
						40 CFR
						270.10(e)(2) (relating to
						general application requirements).
(2) In
						40 CFR
						270.10(e)(3), the term
						"Department" is substituted for "administrator" and "sections 602 and 610 of
						the act" are substituted for "section 3008 of RCRA."
(3) The substitution of terms in §
													260a.3 for the term
						"Administrator" does not apply to
						40 CFR
						270.10(f)(3).
(4) An application submitted under
						40 CFR
						270.10(f)(2) and (g)(1)(i)
						shall be submitted to the Department and not to the EPA.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter B - PERMIT APPLICATION › Section 270a.12 - Confidentiality of information

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 270.12 (relating to confidentiality of
						  information) is not incorporated by reference. The confidentiality of
						  information is as follows:
(1)
						Information submitted to the Department under this subsection may be claimed as
						confidential by the applicant. Any claim shall be asserted at the time of
						submission in the manner prescribed in paragraph (2) and the application form
						or instructions by stamping the words "confidential business information" on
						each page containing the information. If a claim is not made at the time of
						submission, the Department will make the information available to the public
						without further notice.
(2) Claims
						of confidentiality for permit application information shall be substantiated at
						the time the application is submitted and shall address the following:
(i) The portions of the information claimed
						to be confidential.
(ii) The length
						of time the information is to be treated as confidential.
(iii) The measures taken to guard against
						undesired disclosure of the information to others.
(iv) The extent the information has been
						disclosed to others and the precautions taken in connection with that
						disclosure.
(v) A copy of any
						pertinent confidentiality determinations by EPA or another Federal
						agency.
(vi) The nature of the
						substantial harm to the competitive position by disclosure of the information,
						the reasons it should be viewed as substantial and the relationship between the
						disclosure and the harm.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter B - PERMIT APPLICATION › Section 270a.13 - Contents of Part A of the permit application

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements incorporated by
						  reference, Part A of the permit application includes information to demonstrate
						  compliance with the siting criteria in Chapter 269a (relating to
						  siting).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter B - PERMIT APPLICATION › Section 270a.14 - Additional applicant requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the requirements
						incorporated by reference, permit applicants shall also comply with §
												270a.83 (relating to
						preapplication public meeting and notice).
(b)
												40 CFR
						270.14(b)(20) (relating to
						contents of Part B: general requirements) is not incorporated by
						reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter B - PERMIT APPLICATION › Section 270a.29 - Permit denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
												40 CFR
						270.29 (relating to permit denial), is not
						incorporated by reference.
(b) If
						the Department tentatively decides to deny the permit application, it will
						issue a notice of intent to deny the application. A notice of intent to deny
						the permit application is a type of draft permit which follows the same
						procedures as a draft permit prepared under §
												270a.10(c)
						(relating to general application requirements and permit issuance procedures).
						If, after issuing a notice of intent to deny, the Department's final decision
						is to issue the permit, the notice of intent to deny is withdrawn and the
						Department proceeds to prepare a draft permit under §
												270a.10(c).
This section cited in 25 Pa. Code §
														270a.80 (relating to public notice
							 and comment requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter C - PERMIT CONDITIONS › Section 270a.32 - Establishing permit conditions

Current through Register Vol. 54, No. 28, July 13, 2024
40
						  CFR 270.32(a) and (c)
						  (relating to establishing permit conditions) is not incorporated by reference.
						  In 40 CFR
						  270.32(b)(2), the term
						  "section 3005" is replaced with "sections 501-503 of the act" (35 P. S.
						  §§
													6018.501-6018.503) and the term
						  "state director" is deleted.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter D - CHANGES TO PERMITS › Section 270a.42 - Permit modification at the request of the permittee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Instead of complying with
						40 CFR Part
						124.10(c)(ix) (relating to
						public notice of permit actions and public comment period), the permittee shall
						send a notice to those persons in §
												270a.80(d)(iv)
						(relating to public notice and comment requirements).
(b) Instead of the appeal procedure in
						40 CFR
						124.19 (relating to appeal of RCRA, UIC,
						NPDES, PSD permits), the Department's decision to grant or deny permit
						modifications may be appealed to the EHB under section 4 of the Environmental
						Hearing Board Act (35 P. S. §
													7514).
(c) Applicants seeking a Class 3 permit
						modification shall also comply with §
												270a.83 (relating to
						preapplication public meeting and notice). Instead of the public notice and
						public meeting time frames contained in the introductory paragraph of
						40 CFR
						270.42(c)(2) and (4)
						(relating to permit modification at the request of the permittee), applicants
						seeking a Class 3 permit modification shall comply with the time frames under
						§
												270a.83(b) and
						(d).
The provisions of this §
														270a.42 amended 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).
This section cited in 25 Pa. Code §
														270a.83 (relating to
							 preapplication public meeting and
							 notice).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter D - CHANGES TO PERMITS › Section 270a.43 - Permit termination

Current through Register Vol. 54, No. 28, July 13, 2024
The procedures for permit termination are found in
						  §
												270a.41 (relating to procedures
						  for modification, termination or revocation and reissuance of
						  permits).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 270a - HAZARDOUS WASTE PERMIT PROGRAM › Subchapter E - EXPIRATION AND CONTINUATION OF PERMITS › Section 270a.51 - Continuation of existing permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
												40 CFR
						270.51 (relating to continuance of expiring
						permits) is not incorporated by reference.
(b) The conditions of an expired permit
						continue in force until the effective date of a new permit if the following
						conditions are met:
(1) The permittee has
						submitted a timely application which is a complete application for a new
						permit.
(2) The Department, through
						no fault of the permittee, does not issue a new permit with an effective date
						on or before the expiration date of the previous permit (for example, when
						issuance is impracticable due to time or resource
						constraints).