Hazardous waste generators - Pennsylvania

The Pennsylvania Department of Environmental Protection (DEP) is authorized to implement the RCRA program for Pennsylvania. Pennsylvania’s regulations related to hazardous waste management are incorporated by reference into the RCRA program, as outlined in 40 CFR § 272.1651. The Pennsylvania hazardous waste program contains certain provisions that are beyond the scope of the Federal program. The following provisions are:

• 25 Pa. Code section 261a.5(b), Pennsylvania is more stringent than 40 CFR 261.5(f)(3)(iv)&(v) and 261.5(g)(3)(iv)&(v) because conditionally exempt small quantity generators may not dispose of hazardous waste in a municipal or residual waste landfill in Pennsylvania. The Federal program allows disposal in such facilities.
• 25 Pa. Code section 262a.100, Pennsylvania requires generators to prepare a source reduction strategy every five years, or sooner if there is a change in the type of waste generated or in the manufacturing process. This requirement is in addition to the Federal requirements at 40 CFR 262.41(a)(6) & (7), which Pennsylvania has incorporated by reference, to report waste minimization efforts biennially.
• Pennsylvania's regulations at 25 Pa. Code section 263a place requirements on transporters that are not part of the Federal regulations. Transporters in Pennsylvania must obtain a license from the Department, must pay a hazardous waste transportation fee, post a bond, and must prepare an in-transit preparedness, prevention and contingency plan.
• Hazardous waste management facilities are subject to siting requirements in Chapter 269a which are beyond the scope of the Federal program.
• Pennsylvania requires hazardous waste storage, treatment and disposal facilities to pay hazardous waste management fees, administration fees, and permit application fees. Federal regulations do not require such fees.