Environmental Quality, Solid and Hazardous Waste

Section R315-50-9

Basis for Listing Hazardous Wastes

Notice of Proposed Rule

(Amendment)

DAR File No.: 35358
Filed: 10/13/2011 03:28:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment adopts equivalent federal regulations to maintain equivalency with the U.S. Environmental Protection Agency (EPA) and retain authorization.

Summary of the rule or change:

The proposed change makes a number of technical changes that correct existing errors in the hazardous waste regulation, such as typographical errors, incorrect or outdated citations, and omissions. Some of the corrections are necessary to make conforming changes to all appropriate parts of the hazardous waste regulations for new rules that have since been promulgated.

State statutory or constitutional authorization for this rule:

• Section 19-6-105
• Section 19-6-108
• Section 19-6-106

This rule or change incorporates by reference the following material:

• Updates 40 CFR 261, Appendix VII, published by Office of the Federal Register National Archives and Records Administration, 07/01/2010

Anticipated cost or savings to:

the state budget:

The compliance costs for the state budget will not change since the rule change implements current statutory and regulatory requirements.

local governments:

The compliance costs for local governments will not change since the rule change implements current statutory and regulatory requirements.

small businesses:

The compliance costs for small businesses will not change since the rule change implements current statutory and regulatory requirements.

persons other than small businesses, businesses, or local governmental entities:

The compliance costs for other persons will not change since the rule change implements current statutory and regulatory requirements.

Compliance costs for affected persons:

The compliance costs for affected persons will not change since the rule change implements current statutory and regulatory requirements.

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

The proposed changes in this rule will have no fiscal impact on businesses beyond the current statutory and regulatory impact.

Amanda Smith, 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 WasteRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097

Direct questions regarding this rule to:

• Susan Toronto at the above address, by phone at 801-536-0233, by FAX at 801-536-0222, or by Internet E-mail at storonto@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:

12/01/2011

This rule may become effective on:

12/15/2011

Authorized by:

Scott Anderson, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-50. Appendices.

R315-50-9. Basis for Listing Hazardous Wastes.

The requirements of 40 CFR 261, Appendix VII, [2002]2010 ed., [as amended by FR 70 9138, February 24, 2005,] are adopted and incorporated by reference, with the following addition[s, excluding the constituents for which K064, K065, K066, K090, and K091 are listed]:

1. F999 - CX, GA, GB, GD, H, HD, HL, HN-1, HN-2, HN-3, HT, L, T, and VX.

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: [January 15, 2010]2011

Notice of Continuation: July 13, 2011

Authorizing, and Implemented or Interpreted Law: 19-6-106; 19-6-108; 19-6-105