1. Regulations Under Revision Hazardous Waste
Environmental Quality Board
May 16, 2007
Thomas K. Fidler, Deputy Secretary
Office of Waste, Air and Radiation Management

2. Five General Categories of Proposed Revisions
Clarifications and elimination of obsolete requirements.
Additions and modifications to Universal Waste requirements.
Simplification of the manifest system.
Revisions to the financial assurance requirements.
Addition of language that provides for the incorporation of the federal Standardized Permit provision.

3. Universe of Regulated Entities Hazardous Waste Generators
Generators (>1,000 kg/mo.)
approx. 1,000
Small Quantity Generators (100 – 1,000 kg/mo.) approx. 10,000
Conditionally Exempt Small Quantity Generators (<100 kg/mo.)
approx. 10,000

4. Universe of Regulated Entities Licenses and Permits
Licensed transporters – approx. 200
Permitted facilities – 83 total
Operating - 54
Post closure (ground water monitoring only, not operating) - 29
Permit renewals in 2006 – 24 facilities
New permit applications are few, if any, each year.

5. Source: Pennsylvania’s Hazardous Waste Facilities Plan
Tons of Waste Requiring Commercial Treatment
Source: Pennsylvania’s Hazardous Waste Facilities Plan

6. Permitting
Draft regulatory revision incorporates the Federal Standardized Permit for RCRA hazardous waste management facilities.
The Standardized Permit is a more simplified application.

7. Standardized Permit
Proposal incorporates the Federal Standardized Permit provisions for certain hazardous waste management facilities.
Store or non-thermally treat hazardous waste at the site of generation in containers, tanks or containment buildings.
May also receive hazardous waste from off-site generator under the same ownership for management under the Standardized Permit.

8. Current Bonding Options
Surety Bond using a licensed corporate surety company.
Collateral Bond using cash, certificates of deposit, letters of credit, or negotiable government bonds.
Financial Test and Corporate Guarantee

9. Changes to Bonding Requirement
Draft regulatory revision replaces financial test and corporate guarantee with the option to use an insurance policy as collateral.
The insurance company, as an independent third party, represents a more reliable source for funds needed to properly close a facility.
Proposes to improve the reliability of funds available to properly close a facility.

10. Changes Encouraging Brownfields Redevelopment
Proposal eliminates a regulation that causes the RCRA Corrective Action Program unable to be federally authorized (264a.101).
Federal program authorization will centralize all aspects of the One Cleanup Program in DEP with more opportunity to encourage brownfields redevelopment.

11. Simplify Reporting Requirements for Hazardous Waste Manifests
Incorporating the Federal Uniform Manifest Rule (UMR) that simplifies the manifest system.
DEP participated on the work group that developed the UMR.
Eliminates most state specific information fields on the manifest form.
The same manifest will be used by all states.

12. Simplify Reporting Requirements for New Universal Wastes Proposed
Universal Wastes are those hazardous wastes that are generated by a variety of industries and activities.
Universal Wastes are subject to a reduced set of regulatory requirements including reporting.

13. New Universal Wastes Proposed
Used photographic solutions containing silver.
Discarded oil-based finishes.
Benefits of management as Universal Waste:
Easier to collect and recycle;
No manifest or licensed transporter required;
Not counted in generator status determination;
Encourages management to avoid disposal in municipal waste facilities (more protective of the environment).

14. Simplify Reporting Requirements by Burden Reduction
A Burden Reduction Rule was published in the Federal Register as a final rule on April 4, 2006.
Eliminates certain record keeping and notification requirements of the hazardous waste regulations.
This federal regulation is incorporated by reference in DEP’s hazardous waste regulations.

15. Public Comment Period A 60-day public comment is recommended.
Public meetings or hearings will be scheduled if requested.

16. Deputy Secretary, Office of Waste, Air and Radiation Management
Thank You
Thomas K. Fidler
Deputy Secretary, Office of Waste, Air and Radiation Management