DAR File No. 32441

Environmental Quality, Solid and Hazardous Waste

R315-315

Special Waste Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 32441
Filed: 03/12/2009, 02:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes in Rule R315-315 are proposed to correct references to asbestos-containing material, remove unnecessary requirements, clarify procedures, and allow polychlorinated biphenols (PCB) capacitors from equipment other than fluorescent lights and waste that contain less than 50 ppm of PCBs to be disposed in a landfill.

Summary of the rule or change:

The references to wastes that are prohibited for disposal are removed as these prohibitions are in other solid waste rules and in statute. The term "regulated asbestos-containing material" is substituted for "asbestos waste." Regulated asbestos-containing material is the term used in the Division of Air Quality rules and in Federal rules. Requirements in the rule that are not enforced by the Division of Solid and Hazardous Waste are removed. These requirements are enforced by the Department of Transportation or by the Division of Air Quality. Several changes are made in the rule to clarify the meaning of the rule or the specific requirement. Sections of the rule are changed to allow landfill operators more freedom in waste handling while maintaining good operating procedures. The rule is changed to allow small PCB-containing capacitors that are similar to those found in fluorescent lights to be disposed of at landfills. The term remediation is removed to allow all non-hazardous waste that contain less than 50 ppm of PCBs to be disposed in a landfill. Incorporation of several sections of 40 CFR are removed and reference to the sections is substituted.

State statutory or constitutional authorization for this rule:

Section 19-6-105

Anticipated cost or savings to:

the state budget:

The changes will not result in any costs or savings to the state budget. The rule changes do not change the personnel required to administer the rule nor will the rule change require the state to expend any resources not currently committed in enforcement or compliance.

local governments:

The changes may result in cost savings to a local government that is disposing of equipment containing PCB capacitors or waste containing less than 50 ppm of PCBs. Prior to the rule change, capacitors, from equipment other than fluorescent lights, would have been removed and disposed of in a facility that is approved to accept PCB-containing waste. Material containing PCBs in concentrations less than 50 ppm would have been treated the same way. PCB disposal facilities typically have higher disposal costs than solid waste landfills. The amount of the savings is unknown.

small businesses and persons other than businesses:

The changes may result in cost savings to a business that is disposing of equipment containing PCB capacitors or waste containing less than 50 ppm of PCBs. Prior to the rule change, capacitors, from equipment other than fluorescent lights, would have been removed and disposed of in a facility that is approved to accept PCB-containing waste. Material containing PCBs in concentrations less than 50 ppm would have been treated the same way. PCB disposal facilities typically have higher disposal costs than solid waste landfills. The amount of the savings is unknown.

Compliance costs for affected persons:

There will not be any increased compliance costs for persons affected by the proposed rule changes. The changes may result in cost savings to a person that is disposing of equipment containing PCB capacitors or waste containing less than 50 ppm PCBs. Prior to the rule change, capacitors, from equipment other than fluorescent lights, would have been removed and disposed of in a facility that is approved to accept PCB-containing waste. Material containing PCBs in concentrations less than 50 ppm would have been treated the same way. PCB disposal facilities typically have higher disposal costs than solid waste landfills. The amount of the savings is unknown.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule changes will result in some cost savings for businesses that are disposing of equipment that contains PCB capacitors and wastes that contain less than 50 ppm. No other costs or savings will result from the proposed rule change. William Sinclair, Acting Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Solid and Hazardous Waste
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Ralph Bohn at the above address, by phone at 801-538-6794, by FAX at 801-538-6715, or by Internet E-mail at Rbohn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/04/2009

This rule may become effective on:

05/15/2009

Authorized by:

Dennis Downs, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-315. Special Waste Requirements.

R315-315-1. General Requirements.

(1) If special wastes are accepted at the facility, proper provisions shall be made for handling and disposal. These provisions [shall]may include, where required and approved by the Executive Secretary, a separate area for disposal of the wastes, designated by appropriate signs.

(2) [The following wastes are prohibited from disposal at a solid waste disposal facility.

(a) Lead acid batteries must be recycled and otherwise managed in accordance with Sections 19-6-601 through 607.

(b) Used oil must be recycled and otherwise managed in accordance with Rule R315-15.]Sections R315-315-2 through 9 are applicable to all solid waste facilities regulated by Rules R315-301 through 320.

 

R315-315-2. Asbestos Waste.

(1) [Asbestos waste]Regulated asbestos-containing material to be disposed of shall be handled, transported, and disposed in a manner that will not permit the release of asbestos fibers into the air and must otherwise comply with Code of Federal Regulations, Title 40, Part 61, Section 154[, 2006 ed].

(2) No transporter or disposal facility shall accept [friable asbestos waste]regulated asbestos-containing material unless the waste has been adequately wetted and containerized.

(a) [Asbestos waste]Regulated asbestos-containing material is adequately wetted when its moisture content prevents fiber release.

(b) [Asbestos waste]Regulated asbestos-containing material is properly containerized when it is placed in double plastic bags of 6-mil or thicker, sealed in such a way to be leak-proof and air-tight, and the amount of void space or air in the bags is minimized. [Asbestos waste]Regulated asbestos-containing material slurries must be packaged in leak-proof and air-tight rigid containers if such slurries are too heavy for the plastic bag containers. [The]Upon submittal of a request, including documentation demonstrating safety, the Executive Secretary may authorize other proper methods of containment which may include double bagging, plastic-lined cardboard containers, plastic-lined metal containers, or the use of vacuum trucks for the transport of slurry.

(c) All [asbestos] containers holding regulated asbestos-containing material shall be labeled with the name of the waste generator, the location where the waste was generated, and tagged with a warning label indicating that the containers hold [asbestos]regulated asbestos-containing material.

(3) [Disposal]The following standards apply to the disposal of [Asbestos Waste]Regulated Asbestos-Containing Material[.];

(a) [Upon]upon entering the disposal site, the transporter of the [asbestos waste]regulated asbestos-containing material shall notify the landfill operator that the load contains [asbestos]regulated asbestos-containing material by presenting the waste shipment record. The landfill operator will verify quantities received, sign off on the waste shipment record, and send a copy of the waste shipment record to the generator within 30 days[.];

(b) [Upon the]upon receipt of the [asbestos waste]regulated asbestos-containing material, the landfill operator shall [require that the vehicles that have transported asbestos waste be marked with warning signs as specified in 40 CFR Part 61.149(d)(1)(iii), 1995 ed., which is adopted and incorporated by reference. The operator shall also ]inspect the loads to verify that the [asbestos waste]regulated asbestos-containing material is properly contained in leak-proof containers and labeled appropriately. The operator shall notify the local health department and the Executive Secretary if the operator believes that the [asbestos waste]regulated asbestos-containing material is in a condition that may cause [significant ]fiber release during disposal. If the wastes are not properly containerized, and the landfill operator accepts the load, the operator shall thoroughly soak the [asbestos]regulated asbestos-containing material with a water spray prior to unloading, rinse out the truck, and immediately cover the [wastes]regulated asbestos-containing material with [non-waste ]material which prevents fiber release prior to compacting the [waste]regulated asbestos-containing material in the landfill.

(c) During [waste ]deposition and covering of the regulated asbestos-containing material, the operator:

(i) may prepare a separate trench or separate area of the landfill to receive only [asbestos waste]regulated asbestos-containing material, or may dispose of [asbestos]the regulated asbestos-containing material at the working face of the landfill;

(ii) shall place [asbestos]the regulated asbestos-containing material containers into the trench, separate area, or at the bottom of the landfill working face with sufficient care to avoid breaking the containers;

(iii) within 18 hours or at the end of the operating day, shall completely cover the containerized [waste]regulated asbestos-containing material with sufficient care to avoid breaking the containers with a minimum of six inches of material containing no [asbestos]regulated asbestos-containing material. If the [waste]regulated asbestos-containing material is improperly containerized, it must be completely covered immediately with six inches of material containing no [asbestos]regulated asbestos-containing material; and

(iv) shall not compact [asbestos containing material]regulated asbestos-containing material until completely covered with a minimum of six inches of material containing no [asbestos]regulated asbestos-containing material.

(d) The operator shall provide barriers adequate to control public access. At a minimum, the operator shall:

(i) limit access to the [asbestos]regulated asbestos-containing material management site to no more than two entrances by gates that can be locked when left unattended and by fencing adequate to restrict access by the general public; and

(ii) place warning signs at the entrances and at intervals no greater than [200]330 feet along the perimeter of the sections where [asbestos waste]regulated asbestos-containing material is deposited that comply with the requirements of 40 CFR [Part ]61.154(b)[, 1995 ed., which is adopted and incorporated by reference]; and

(e) close the separate trenches, if constructed, according to the requirements of Subsection R315-303-3(4) with the required signs in place.

 

R315-315-4. Bulky Waste.

Bulky waste such as automobile bodies, furniture, and appliances shall be crushed and then pushed onto the working face near the bottom of the cell, but not in an area that will compromise the integrity of the liner system, or into a separate disposal area.

 

R315-315-5. Sludge Requirements.

(1) [No water treatment plant sludge, digested waste water treatment plant sludge, or septage containing free liquids may be disposed in any landfill with other solid waste]Sludges containing free liquids may not be disposed in a landfill with other solid waste.

(2) Sludges, if they contain no free liquids, may be placed in the landfill working face and covered with other solid waste or other suitable cover material[Water treatment plant sludge, digested waste water treatment plant sludge, or septage containing no free liquids may be placed at or near the bottom of the landfill working face and covered with other solid waste or other suitable cover material].

(3) Disposal of any type of sludge in a landfill must meet the requirements of Subsection R315-303-3(1).

 

R315-315-6. Dead Animals.

(1) Dead animals shall be managed and disposed in a manner that minimizes odors and the attraction, harborage, or propagation of insects, rodents, birds, or other animals.

(2) Dead animals may be disposed at the active working face of a permitted landfill or in a separate trench, at a permitted facility, specifically prepared to receive dead animals.

(a) If dead animals are disposed at the active working face of a permitted landfill, the carcasses shall be [placed at or near the bottom of the cell and ]immediately covered with a minimum of two feet of soil other [waste]material.

(b) If dead animals are disposed in a separate trench, at a permitted facility, the carcasses shall be completely covered with a minimum of six inches of earth at the end of the working day the carcasses are received.

 

R315-315-7. PCB Containing Waste.

(1) Any facility that disposes of nonhazardous waste, hazardous waste, or radioactive waste containing PCBs is regulated by Rules R315-301 through 320.

(2) The following [waste]wastes containing PCBs may be disposed in a permitted Class I, II, III, IV, V, or VI Landfill; permitted incinerator; permitted energy recovery facility; or a facility permitted by rule under Rule R315-318:

(a) waste, as specified by 40 CFR 761.61, containing PCBs at concentrations less than 50 ppm[ as found in situ at the original remediation site as specified by 40 CFR 761.61 (2001)];

(b) PCB household waste as defined by 40 CFR 761.3 [(2001)]; and

(c) small quantities, 10 or fewer, of intact, non-leaking, small PCB capacitors, including capacitors from fluorescent lights x-ray machines, and other machines and test equipment.

(3) Waste containing PCBs at concentrations of 50 ppm[,] or higher[,] are prohibited from disposal in a landfill, incinerator, or energy recovery facility that is regulated by Rules R315-301 through 320, except:

(a) the following facilities may receive waste containing PCBs at concentrations of 50 ppm or higher for treatment or disposal:

(i) a facility [that began receiving waste]permitted prior to July 15, 1993[, that is permitted] under 40 CFR 761.70, .75 or .77[ (2001) to accept waste containing PCBs]; or

(ii) a facility [that began receiving waste]permitted after July 15, 1993[, that is permitted] under 40 CFR 761.70, .71, .72, .75, or .77 [(2001) to accept waste containing PCBs, which facility must also receive approval]and approved by the Executive Secretary under Rules R315-301 through 320; or

(b) a Class I or V landfill that has a liner and ground water monitoring or an incinerator that meets the requirements of Subsection R315-315-7(a)(i) or (ii) and when approved by the Executive Secretary,[ the following wastes may be disposed at an approved unit of a permitted landfill or may be disposed at an incinerator that meets the requirements of Subsection R315-315-7(3)(a)(i) or (ii)] may dispose of the following PCB wastes:

(i) PCB bulk products regulated by 40 CFR 761.62(b)[ (2001)];

(ii) drained PCB contaminated equipment as defined by 40 CFR 761.3[ (2001)];

(iii) drained PCB articles, including drained PCB transformers, as defined by 40 CFR 761.3[ (2001)];

(iv) non-liquid cleaning materials remediation wastes containing PCB's regulated by 40 CFR 761.61(a)(5)(v)(A)[ (2001)];

(v) PCB containing manufactured products regulated by 40 CFR 761.62(b)(1)(i) and (ii)[ (2001)]; or

(vi) non-liquid PCB containing waste, initially generated as a non-liquid waste, generated as a result of research and development regulated by 40 CFR 761.64(b)(2)[ (2001)].

(c) If a unit of a permitted landfill is approved to receive PCB containing wastes under Subsection R315-315-7(3)(b), the owner or operator of the landfill:

(i) shall modify the approved Ground Water Monitoring Plan to include the testing of the ground water samples for PCB containing constituents at appropriate detection levels; and

(ii) [may be required to]shall test the leachate generated at the unit of the landfill for PCB's[ under 40 CFR 761.62(b)(2)].

 

R315-315-8. Petroleum Contaminated Soils.

(1) Terms used in Section R315-315-8 are defined in Section R315-301-2. [In addition, for]For the purpose of Section R315-315-8 and in addition to the definitions in Section R315-301-2, the following definition applies: "Petroleum contaminated soils" means soils that have been contaminated with either diesel or gasoline or both.

(2) Petroleum contaminated soils that are not a hazardous waste may be accepted for disposal at a:

(a) Class I Landfill;

(b) Class II Landfill;

(c) Class III Landfill; or

(d) Class V Landfill.

(3) Petroleum contaminated soils containing the following constituents at or below the following levels and are otherwise not a hazardous waste, may be accepted for disposal at a Class IV or VI Landfill:

(a) Benzene, 0.03 mg/kg;

(b) Ethylbenzene, 13 mg/kg;

(c) Toluene, 12 mg/kg; and

(d) Xylenes, 200 mg/kg.

 

KEY: solid waste management, waste disposal

Date of Enactment or Last Substantive Amendment: [October 15, 2003]2009

Notice of Continuation: February 14, 2008

Authorizing, and Implemented or Interpreted Law: 19-6-105