Subchapter A. GENERAL

§ 260a.1. Incorporation by reference, purpose, scope and applicability.

 (a)  Except as expressly provided in this chapter, 40 CFR Part 260 and its appendices (relating to hazardous waste management system: general) are incorporated by reference.

 (b)  Regarding the requirements incorporated by reference, nothing contained in this article relieves or limits a person or municipality who generates, transports, stores, treats or disposes of hazardous waste from complying with the Pennsylvania law, including: The Clean Streams Law (35 P. S. § §  691.1—691.1001); the Hazardous Sites Cleanup Act (35 P. S. § §  6020.101—6020.1305); the Air Pollution Control Act (35 P. S. § §  4001—4015); the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.31); the Dam Safety and Encroachments Act (32 P. S. § §  693.1—693.27); the Pennsylvania Bituminous Coal Mine Act (52 P. S. § §  1406.1—1406.21); the Pennsylvania Anthracite Coal Mine Act (52 P. S. § §  70-101—70-1405); and the act of July 9, 1976 (P. L. 931, No. 178) (52 P. S. § §  27.7-1—27.7-9).

 (a)  For purposes of interfacing with 40 CFR Parts 260—279, the following terms apply, unless otherwise noted:

   (1)  The terms “Administrator,” “Regional Administrator,” “Assistant Administrator,” “Assistant Administrator for Solid Waste and Emergency Response” and “State Director” are substituted with “Department.”

   (2)  When referring to an operating permit or to the Federal hazardous waste program, “Resource Conservation and Recovery Act (42 U.S.C.A. § §  6901—6986),” “RCRA,” “Subtitle C of RCRA,” “RCRA Subtitle C” or “Subtitle C” is substituted with the act.

   (3)  “Environmental Protection Agency” or “EPA” and all names or associated acronyms are substituted with “Department” except when referring to the terms “EPA Form,” “EPA Identification Number,” “EPA Acknowledgment of Consent,” “EPA Hazardous Waste Number,” “EPA publication,” “EPA publication number,” “EPA Test Methods” and “EPA Guidance” including any mailing addresses associated with these terms.

   (4)  “Used oil” is substituted with “waste oil.”

   (5)  “State,” “authorized state,” “approved state” or “approved program” is substituted with “the Commonwealth.”

   (6)  Whenever the regulations require compliance with procedures found in 40 CFR Part 270 (relating to EPA administered permit programs: the hazardous waste permit program), compliance is accomplished by the procedures found in Chapter 270a (relating to hazardous waste permit program).

   (7)  The Commonwealth equivalent of 40 CFR Part 273 (relating to universal waste management) is found in Chapter 266b (relating to universal waste management).

   (8)  The Commonwealth equivalent of 40 CFR Part 279 (relating to standards for the management of used oil) is found in Chapter 298 (relating to management of waste oil).

 (b)  Federal regulations that are cited in this article or that are cross referenced in the Federal regulations incorporated by reference include any Pennsylvania modifications made to those Federal regulations.

 (c)  References to 40 CFR Part 124 (relating to procedures for decision making) found in Federal regulations incorporated by reference are substituted with Pennsylvania procedures found in Chapter 270a.

 (d)  References to the “Department of Transportation” or “DOT” mean the United States Department of Transportation.

 (e)  The effective date for the Code of Federal Regulations incorporated by reference in this article is May 1, 1999. The incorporation by reference includes any subsequent modifications and additions to the CFR incorporated in this article.

   The provisions of this §  260a.3 amended June 1, 2001, effective June 2, 2001, 31 Pa.B. 2873. Immediately preceding text appears at serial pages (254872) to (254873).

   This section cited in 25 Pa. Code §  260a.10 (relating to definitions); 25 Pa. Code §  261a.1 (relating to incorporation by reference, purpose and scope); 25 Pa. Code §  261a.39 (relating to conditional exclusion for used, broken cathode ray tubes (CRTS) and processed CRT glass undergoing recycling); 25 Pa. Code §  262a.21 (relating to manifest tracking numbers, manifest printing and obtaining manifests); 25 Pa. Code §  262a.50 (relating to applicability); 25 Pa. Code §  262a.80 (relating to applicability); 25 Pa. Code §  263a.11 (relating to EPA identification number); 25 Pa. Code §  263a.20 (relating to manifest system); 25 Pa. Code §  264a.12 (relating to required notices); 25 Pa. Code §  264a.71 (relating to use of the manifest system); 25 Pa. Code §  264a.147 (relating to liability requirements); 25 Pa. Code §  265a.12 (relating to required notices); 25 Pa. Code §  265a.71 (relating to use of the manifest system); 25 Pa. Code §  265a.141 (relating to definitions); 25 Pa. Code §  265a.147 (relating to liability requirements); 25 Pa. Code §  266b.30 (relating to applicability); 25 Pa. Code §  266b.60 (relating to applicability); 25 Pa. Code §  267a.71 (relating to use of the manifest system); 25 Pa. Code §  268a.1 (relating to incorporation by reference, purpose, scope and applicability); 25 Pa. Code §  270a.2 (relating to definitions); 25 Pa. Code §  270a.5 (relating to noncomplying and program reporting by Director); 25 Pa. Code §  270a.10 (relating to general application requirements and permit issuance procedures); 25 Pa. Code §  270a.60 (relating to permits-by-rule); 25 Pa. Code §  270a.72 (relating to changes during interim status); and 25 Pa. Code §  298.12 (relating to prohibitions).