Pennsylvania Hazardous Waste Determination regulations & environmental compliance analysis

Pennsylvania Hazardous Waste Determination: What you need to know

Governing Law and Regulations

Identification and classification rules: 25 Pennsylvania Code (Pa. Code) 261a.1 to 261a.4

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Definitions:

Solid waste: 25 Pa. Code 261a.2

Hazardous waste: 25 Pa. Code 261a.3(b)

Exclusions:

Hazardous wastes: 25 Pa. Code 261a.3(a) and 25 Pa. Code 261a.4

Regulatory Agency

Pennsylvania Department of Environmental Protection (DEP) Office of Waste, Air, Radiation, and Remediation Management Bureau of Waste Management Division of Hazardous Waste Management

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Pennsylvania incorporates by reference the U.S. Environmental Protection Agency's (EPA) Hazardous Waste Generator Improvements Rule (New Rule), effective on the federal level and in Pennsylvania as of May 30, 2017. The New Rule now includes more information as to what constitutes "generator knowledge" and expands the information that must be included in records supporting a generator's hazardous waste determinations. See the national section HAZARDOUS WASTE DETERMINATION for detailed information.

Pursuant to 25 Pa. Code 260a.3(e), the state's incorporation of the hazardous waste regulations as set forth in the 1999 Code of Federal Regulations (CFR) "includes any subsequent modifications and additions to the CFR," conditional exclusions from the definitions of solid and/or hazardous waste, such as those for solvent-contaminated wipes, cathode-ray tubes, and carbon dioxide streams in geological sequestration activities, are in effect in Pennsylvania. In addition, because the state incorporated by reference the 2008 definition of solid waste (DSW) rule (concerning the recycling of hazardous secondary materials), the state adopts by reference the ...


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