Current through Register Vol. 54, No. 24, June 15, 2024
Section 261a.6 - Requirements for recyclable materials(a) The reference to "Part 279 of this chapter" in 40 CFR 261.6(a)(4) (relating to requirements for recyclable materials) is replaced with Chapter 298 (relating to management of waste oil).(b)40 CFR 261.6(c) is not incorporated by reference.(c) Instead of 40 CFR 261.6(c), owners and operators of facilities that store or treat recyclable materials are regulated under all applicable and incorporated provisions of 40 CFR Parts 264 and 265, Subparts A-L, AA, BB, CC and DD; 40 CFR Part 264 Subpart X; 40 CFR Parts 266 and 270, except as provided in 40 CFR 261.6(a). (1) In addition, owners and operators of facilities regulated under this section are subject to the applicable provisions of:(i) Chapter 264a and Chapter 265a, Subchapters A, B, D, E, G-J and P.(ii) Chapter 264a, Subchapters X and DD.(iii) Chapters 266a and 270a.(2) Recycling processes that are not treatment are exempt from regulation except as provided in 40 CFR 261.6(d).(3) The sizing, shaping or sorting of recyclable materials will not be considered treatment for purposes of this section.(d) The requirements of §§ 270a.3, 264a.82, 264a.83, 265a.82 and 265a.83 do not apply to facilities or those portions of facilities that store or treat recyclable materials.(e) References to § 279.11 in 40 CFR 261.6 are replaced with § 298.11 (relating to waste oil specifications).The provisions of this § 261a.6 amended June 1, 2001, effective 6/2/2001, 31 Pa.B. 2873. This section cited in 25 Pa. Code § 266a.70 (relating to applicability and requirements); 25 Pa. Code § 266a.80 (relating to applicability and requirements); and 25 Pa. Code § 287.8 (relating to coproduct determinations).