DAR File No. 40125
This rule was published in the February 1, 2016, issue (Vol. 2016, No. 3) of the Utah State Bulletin.
Environmental Quality, Waste Management and Radiation Control, Waste Management
Rule R315-9
Emergency Controls
Notice of Proposed Rule
(Repeal)
DAR File No.: 40125
Filed: 01/14/2016 02:58:21 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The Division is renumbering and changing the format of the hazardous waste rules. The change is to help the reader of the rules by providing all of the rules in one place. The new rules will follow the numbering system used by the US EPA, thus, the current hazardous waste rules must be repealed when the new rules become effective.
Summary of the rule or change:
Rule R315-9 is repealed in its entirety and is replaced by Rule R315-263. (DAR NOTE: The proposed new Rule R315-263 is under DAR No. 40110 in this issue, February 1, 2016, of the Bulletin.)
State statutory or constitutional authorization for this rule:
- Section 19-6-105
- Section 19-6-106
Anticipated cost or savings to:
the state budget:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263.
local governments:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263.
small businesses:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263.
persons other than small businesses, businesses, or local governmental entities:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263.
Compliance costs for affected persons:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263.
Comments by the department head on the fiscal impact the rule may have on businesses:
There will be no cost to repeal the rule. All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-263.
Alan Matheson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental QualityWaste Management and Radiation Control, Waste ManagementRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097
Direct questions regarding this rule to:
- Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at [email protected]
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:
03/02/2016
This rule may become effective on:
03/09/2016
Authorized by:
Scott Anderson, Director
RULE TEXT
R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.
[R315-9. Emergency Controls.
R315-9-1. Immediate Action.
In the event of a spill of hazardous waste or material
which, when spilled, becomes hazardous waste, the person
responsible for the material at the time of the spill shall
immediately:
(a) Take appropriate action to minimize the threat to
human health and the environment.
(b) Notify the Utah State Department of Environmental
Quality, 24-hour Answering Service, 801-536-4123 if the following
spill quantities are exceeded:
(1) One kilogram of material listed in paragraph
R315-2-10(e), which includes F999 and incorporates by reference
40 CFR 261.31, and which is an acute hazardous waste identified
with a hazard code of (H), or in R315-2-11(e), which incorporates
by reference 40 CFR 261.33(e). Notify for a spill of a lesser
quantity if there is a potential threat to human health or the
environment; or
(2) One hundred kilograms of hazardous waste or material
which, when spilled, becomes hazardous waste, other than that
listed in R315-2-11(e), which incorporates by reference 40 CFR
261.33(e). Notify for a spill of a lesser quantity if there is a
potential threat to human health or the environment.
(c) Provide the following information when reporting the
spill:
(1) Name, phone number, and address of person responsible
for the spill.
(2) Name, title, and phone number of individual
reporting.
(3) Time and date of spill.
(4) Location of spill - as specific as possible including
nearest town, city, highway or waterway.
(5) Description contained on the manifest and the amount
of material spilled.
(6) Cause of spill.
(7) Emergency action taken to minimize the threat to
human health and the environment.
(d) An air, rail, highway, or water transporter who has
discharged hazardous waste shall:
(1) Give notice, if required by 49 CFR 171.15 to the
National Response Center, 800-424-8802 or 202-426-2675;
and
(2) Report in writing as required by 49 CFR 171.16 to the
Director, Office of Hazardous Materials Regulations, Materials
Transportation Bureau, Department of Transportation, Washington,
D.C. 20590.
(e) A water, bulk shipment, transporter who has
discharged hazardous waste must give the same notice as required
by 33 CFR 153.203 for oil and hazardous substances.
R315-9-2. Emergency Control Variance.
If a spill of hazardous waste requires immediate removal
to protect human health or the environment, as determined by the
Director, a variance may be granted by the Director to the
manifest and recordkeeping requirements of these rules until the
spilled material and any residue or contaminated soil, water or
other material resulting from the spill no longer presents an
immediate hazard to human health or the environment, as
determined by the Director.
R315-9-3. Spill Clean-up.
The person responsible for the material at the time of
the spill shall clean up all the spilled material and any residue
or contaminated media or other material resulting from the spill
or take action as may be required by the Director so that the
spilled material, residue, or contaminated media no longer
presents a hazard to human health or the environment as defined
in R315-101. The cleanup or other required actions shall be at
the expense of the person responsible for the spill. If the
person responsible for the spill fails to take the required
action, the Department may take action and bill the responsible
person.
R315-9-4. Reporting.
Within 15 days after any spill of hazardous waste or
material which, when spilled, becomes hazardous waste, and is
reported under R315-9-1(b), the person responsible for the
material at the time of the spill shall submit to the Director a
written report which contains the following information:
(a) The person's name, address, and telephone
number;
(b) Date, time, location, and nature of the
incident;
(c) Name and quantity of material(s) involved;
(d) The extent of injuries, if any;
(e) An assessment of actual or potential hazards to human
health or the environment, where this is applicable; and
(f) The estimated quantity and disposition of recovered
material that resulted from the incident.
KEY: hazardous waste
Date of Enactment or Last Substantive Amendment: April 25,
2013
Notice of Continuation: July 13, 2011
Authorizing, and Implemented or Interpreted Law: 19-6-105;
19-6-106
]
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Division of Administrative Rules.