Client Alert Newsletter

PADEP Proposes Amendments to Hazardous Waste Rules

In the July 14 Pennsylvania Bulletin, the Environmental Quality Board published a proposed Pennsylvania Department of Environmental Protection ("PADEP") rulemaking that would amend the Commonwealth's hazardous waste regulations. Most notably, the proposal would (1) formally adopt the federal uniform hazardous waste manifest rule; (2) make oil-based finishes and photographic solutions eligible for management as universal wastes; (3) modify financial assurance requirements for treatment, storage, and disposal facilities ("TSDFs") by eliminating corporate guarantees and adding insurance policies as a closure bond mechanism; (4) incorporate an existing federal standardized permit for TSDFs storing or non-thermally treating hazardous waste at the generation site in containers, tanks, or containment buildings (including wastes brought to the TSDF from multiple intra-company, off-site locations); and (5) delete regulatory language that currently prevents Pennsylvania from administering the RCRA corrective action program. Regarding this last item, upon finalization of the rulemaking, PADEP is expected to request corrective action program authorization from the U.S. Environmental Protection Agency ("EPA"), which should eliminate overlapping jurisdiction at RCRA corrective action sites, promoting cleanup flexibility and brownfield redevelopment. The comment period on the proposal ended September 12.