Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Pennsylvania follows the federal rules for hazardous waste management.
1. Do I need an EPA ID number to handle hazardous wastes
2. How do I determine my generator status?
Pennsylvania follows the federal rules for defining generator status.Generators must provide notification to the state when they move; the designated contact changes; facility ownership changes; they type of regulated activity changes; or the facility class changes, unless it is temporary. LQG's must comply with the state's waste minimization requirements. CESQG' cannot dispose of hazardous waste in any municipal or residual waste landfill located in PennsylvaniaCESOG's are deemed to have a license for the transportation of their own wastes.
3. How can I tell if the waste materials I handle are considered
Pennsylvania follows the federal rules for defining hazardous wastes.If a generator cannot promptly determine if a material will be a hazardous waste, the material must be managed as a hazardous waste until the determination is made that it is not a hazardous waste.
4. How long can I store hazardous wastes on site?
Pennsylvania generally follows the federal rules for storing hazardous wastes but has additional state rules that make it more stringent.The state presumes that the containment of waste in excess of one year constitutes disposal.
5. Who can transport and receive the wastes I ship off site?
Pennsylvania follows the federal rules for shipping hazardous wastes to a TSD.Generators cannot give hazardous waste to transporters who do not possess a valid DEP license.Hazardous waste transporters must meet additional state requirements regarding insurance, safety, and responses to discharges and spills. Transporters must submit separate emergency response contingency plans for license applications and transfer facility activities.
6. What records do I have to keep?
Pennsylvania generally follows the federal rules for recordkeeping.Underground storage tank owners and operators must meet stricter state requirements.
7. Do I have to file reports?
Pennsylvania follows the federal rules for reporting.
8. What training requirements do I have to meet?
Pennsylvania follows the federal rules for training.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Pennsylvania these differences include:
Pennsylvania does not require any additional wastes other than RCRA hazardous waste to be shipped using a Uniform Hazardous Waste Manifest.
Only the Treatment, Storage or Disposal Facility must submit a signed manifest copy to the Department. The Department also wishes to receive a signed manifest copy (copy 2) from facilities located outside of Pennsylvania which receive hazardous waste from Pennsylvania generators. The generator of the hazardous waste does not have to submit a generator copy to the Commonwealth.
Other Notes, Comments::
The generator must ensure that all required information is legible on all manifest copies.
10. What are some other differences between federal and state
The state adds a notification requirement to the federal rules for contingency plans. Hazardous waste generators can treat hazardous waste on-site without a permit, provided the generator treats hazardous waste in accordance with additional state provisions. LQGs must comply with the state's waste minimization requirements.
- Rick Shipman, Division Chief, Hazardous Waste Management, (717) 787-6239
- Ed Karmilovich, Chief, Compliance and Information Management, (717) 787-6239
- Dwayne Womer, Chief, Permitting and Technical Support, (717) 787-6239