Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 4000.509. Best available technology

(a) Publication of criteria.--The department, after public notice and an opportunity for comment, shall publish in the Pennsylvania Bulletin criteria for best available technology (as defined in 25 Pa. Code § 121.1 (relating to definitions)) for new resource recovery facilities.

(b) Restriction on issuance of certain permits.--The department shall not issue any approval or permit for a new resource recovery facility under the act of January 8, 1960 (1959 P.L. 2119, No. 787),  1 known as the Air Pollution Control Act, that is less stringent than any provision of the applicable best available technology criteria.  The department shall require any permit renewal of a resource recovery facility to operate in compliance with the reasonably available technology control standards as established by the department.

(c) Operation tests and reports.--The operator of any resource recovery facility shall conduct tests for emissions of particulate matter in accordance with standards of performance for new sources specified by the United States Environmental Protection Agency for incinerators, resource recovery facilities and associated control devices and shall report the results in a manner established by the department.

(d) New technologies.--Nothing contained in this act shall prohibit a private commercial enterprise from developing and implementing innovative or alternative, environmentally acceptable, means of reducing, processing, recycling and/or disposing of waste generated by the applicant commercial enterprise's operation, either onsite or otherwise, which means are not violative of, nor inconsistent with, the provisions and purposes of the Solid Waste Management Act,  2 this act and department regulations.