Definitions - Residual Waste Regulations - PA Code Title 25 Section 287.1
Accumulated speculatively - A material that is accumulated before being recycled
(i) The term does not include material if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that--during the calendar year (commencing January 1)--the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75% by weight or volume of the amount of that material accumulated at the beginning of the period.
(A) In calculating the percentage of turnover, the 75% requirement is to be applied to each material of the same type--for example, slags from a single smelting process--that is recycled in the same way (that is, from which the same material is recovered or used in the same way).
(B) Materials that are already defined as wastes also are not to be included in making the calculation.
(ii) Materials are no longer in this category once they are removed from accumulation for recycling.
(iii) The term does not include a waste pile if the waste is being mined and if one of the following is met:
(A) An approved waste closure plan allows mining of the waste.
(B) If waste was disposed prior to September 7, 1980, an approved mining permit allows mining of the waste.
Beneficial use - Use or reuse of residual waste or residual material derived from residual waste for commercial, industrial or governmental purposes, if the use does not harm or threaten public health, safety, welfare or the environment, or the use or reuse of processed municipal waste for any purpose, if the use does not harm or threaten public health, safety, welfare or the environment.
By-product - A material that is not one of the primary products of a production process or a coproduct and is not solely or separately produced by a the production process.
Byproduct material - The Federal definition for 'byproduct material' in 10 CFR 20.1003 (relating to definitions) is incorporated by reference.
Captive residual waste facility - A residual waste processing or disposal facility that is located upon lands owned by the person or municipality that generated the residual waste and which is operated to provide for the processing or disposal solely of the generator's residual waste.
(i) A material generated by a manufacturing or production process, or a spent material, of a physical character and chemical composition that is consistently equivalent to the physical character and chemical composition of an intentionally manufactured product or produced raw material, if the use of the materials presents no greater threat of harm to human health and the environment than the use of the product of raw material. A material may not be compared, for physical character and chemical composition, to a material that is no longer determined to be a waste in accordance with Section 287.7 (relating to determination that a material is no longer a waste). A coproduct determination, which shall be made in accordance with Section 287.8 (relating to coproduct determinations), only applies to materials that will be applied to the land or used to produce products that are applied to the land, including the placement of roadway aggregate, pipe bedding or construction materials, or that will be used for energy recovery as is with a minimum BTU value of 5,000/lb. as generated or fired. If the proposed coproduct material is oil, a determination may only be made for oil refined from crude oil or synthetically produced oil, not contaminated by physical or chemical impurities, that will be used for energy recovery if the material has a minimum heat content (BTU value) comparable to the petroleum fuel it will replace.
(ii) The term only applies to one of the following:
(A) If the material is to be transferred in good faith as a commodity in trade, for use in lieu of an intentionally manufactured product or produced raw material, without processing that would not be required of the product or raw material, and the material is not accumulated speculatively. Sizing, shaping or sorting of the material will not be considered processing for the purpose of this definition.
(B) If the material is to be used by the manufacturer or producer of the material in lieu of an intentionally manufactured product or produced raw material, without processing that would not be required of the product or raw material, and the material is not accumulated speculatively. Sizing, shaping or sorting of the material will not be considered processing for the purpose of this definition.
(iii) If no product or produced raw material exists for purposes of chemical and physical comparison, the Department will review, upon request, information provided and determine whether the material is a coproduct because it is an effective substitute for an intentionally manufactured product or produced raw material, based on the criteria in subparagraph (ii) and whether the material presents a threat of harm to human health and the environment in accordance with Section 287.8.
(iv) A waste may become a coproduct after processing if it would otherwise qualify as a coproduct.
(v) Persons producing, selling, transferring, possessing or using a material who claim that the material is a coproduct and not a waste shall demonstrate that there is a known market or disposition for the material, and that they meet the terms of this definition and § 287.8. In doing so, they shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste.
Generator - A person or municipality that produces or creates a residual waste.
Hazardous waste -
(i) The term includes garbage, refuse or sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or a combination of these materials, which because of its quantity, concentration or physical, chemical or infectious characteristics may do one of the following:
(A) Cause or significantly contribute to an increase in mortality or increase in morbidity in either an individual or the total population.
(B) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(ii) The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act (52 P. S. Sections 30.51- 30.101); treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law; solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act (33 U.S.C.A. Section 1342) or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. Sections 2011- 2394). The term is further defined in Chapter 261a (relating to identification and listing of hazardous waste) and 40 CFR Part 261 (relating to identification and listing of hazardous waste) to the extent incorporated in Section 261a.1 (relating to incorporation by reference, purpose and scope).
Municipal waste - Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and sludge not meeting the definition of 'residual' or 'hazardous waste' under this section from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
Permit - A permit issued by the Department to operate a residual waste disposal or processing facility or to beneficially use residual waste. The term includes a general permit, permit-by-rule, permit modification, permit reissuance and permit renewal.
Permit-by-rule - A permit which a person or municipality is deemed to have for the operation of a facility or an activity upon compliance with Section 287.102 (relating to permit-by-rule).
(i) The term includes one or more of the following:
(A) A method or technology used for the purpose of reducing the volume or bulk of municipal or residual waste or a method or technology used to convert part or all of the waste materials for offsite reuse.
(B) Transfer facilities, composting facilities and resource recovery facilities.
(ii) The term does not include a collection center that is only for source separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.
Raw material - Material, including crude material, that can be converted by manufacture or processing into a product.
Reclaimed - A material is 'reclaimed' if it is processed to recover a useable product, or if it is regenerated.
Recycled - A material is 'recycled' if it is used, reused, or reclaimed.
Residual waste - Garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous. The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act. The term does not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law.
Source material - The Federal definition for 'source material' in 10 CFR 20.1003 is incorporated by reference.
Source reduction - The reduction or elimination of the quantity or toxicity of residual waste generated, which may be achieved through changes within the production process, including process modifications, feedstock substitutions, improvements in feedstock purity, shipping and packing modifications, housekeeping and management practices, increases in the efficiency of machinery and recycling within a process. The term does not include dewatering, compaction, waste reclamation or the use or reuse of waste.
Spent material - Material that has been reused and as a result of contamination can no longer serve the purpose for which it was produced without processing.
Waste - (i) Discarded material which is recycled or abandoned. A waste is abandoned by being disposed of, burned or incinerated or accumulated, stored or processed before or in lieu of being abandoned by being disposed of, burned or incinerated. A discarded material includes contaminated soil, contaminated water, contaminated dredge material, spent material or by-product recycled in accordance with subparagraph (iii), processed or disposed.
(ii) Materials that are not waste when recycled include materials when they can be shown to be recycled by being:
(A) Used or reused as ingredients in an industrial process to make a product or employed in a particular function or application as an effective substitute for a commercial product, provided the materials are not being reclaimed. This includes materials from the slaughter and preparation of animals that are used as raw materials in the production or manufacture of products. Steel slag is not waste if used onsite as a waste processing liming agent in acid neutralization or onsite in place of aggregate. Sizing, shaping or sorting of the material will not be considered processing for the purpose of this subclause of the definition.
(C) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material shall be returned as a substitute for feedstock materials. When the original process to which the material is returned is a secondary process, the materials shall be managed so that there is no placement on the land and the secondary process takes place onsite.
(iii) The following materials are wastes, even if the recycling involves use, reuse or return to the original process (as described as follows):
(A) Except for coproducts, materials used in a manner constituting disposal, or used to produce products that are applied to the land.
(B) Except for coproducts, materials burned for energy recovery, used to produce fuel or contained in fuel.
(C) Materials accumulated speculatively.
(iv) Discarded or recycled material may not be waste if a determination is made by the Department in accordance with Section 287.7.
(v) In enforcement actions implementing the act, a person who claims that the material is not a waste in accordance with subparagraph (ii) shall demonstrate that there is a known market or disposition for the material, and that the terms of the exclusion have been met. In doing so, appropriate documentation shall be provided (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste. In addition, owners or operators of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so.
Waste classification standard - For purposes of this article, the waste classification standard for a contaminant shall be:
(i) The final maximum contaminant level goal (MCLG) for the contaminant determined by the Department or the EPA under the Safe Drinking Water Acts (21 U.S.C.A. Section 349; 42 U.S.C.A. Sections 300f—300j-25; and 35 P. S. Sections 721.1—721.17), if one exists, unless the MCLG is 0.
(ii) For contaminants for which no MCLG has been established, or for contaminants for which the MCLG has been established as 0, the final primary maximum contaminant level (MCL) for the contaminant determined by the Department or the EPA under the Safe Drinking Water Acts, if one exists.
(iii) For contaminants for which no MCLG has been established or for which the MCLG has been established as 0, and for which no MCL has been established, the final secondary maximum contaminant level (SMCL) for the contaminant determined by the Department or the EPA under the Safe Drinking Water Acts, if one exists.
(iv) For other contaminants, the more stringent of the following concentrations:
(A) For EPA Class A or Class B carcinogens, as specified in the EPA’s IRIS or its successor, 0.000035 divided by the oral cancer slope factor of the contaminant in units of (mg/kg/day)<sup>-1</sup> obtained from IRIS or its successor. The quotient shall be expressed in units of mg/l. Information about IRIS and access methods to IRIS may be obtained from IRIS user support (MS-190), Environmental Criteria and Assessment Office, Office of Research and Developement, United States Environmental Protection Agency, 26 W. Martin Luther King Drive, Cincinnati, Ohio 45286.
(B) For contaminants which produce noncarcinogenic effects, 35 times the oral chronic reference dose in units of mg/kg/day obtained from IRIS or its successor. The product shall be expressed in units of mg/l.