DAR File No. 40128

Environmental Quality, Waste Management and Radiation Control, Waste Management

Rule R315-14

Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

Notice of Proposed Rule

(Repeal)

DAR File No.: 40128
Filed: 01/14/2016 02:59:51 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 The new rules will follow the numbering system used by the US EPA, thus, the current hazardous waste rules must be repealed when the new rules become effective.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Rule R315-14 is repealed in its entirety and is replaced by Rule R315-266. (DAR NOTE: The proposed new Rule R315-266 is under DAR No. 40112 in this issue, February 1, 2016, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Section 19-6-106
• Section 19-6-105

Anticipated cost or savings to:

the state budget:

There will be no cost to the state as the rule is not changed but just renumbered or the changes will be absorbed in the current program.

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 All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-266.

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 All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-266.

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 All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-266.

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 All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-266.

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 All costs for the rule that will replace the repealed rule are covered in the rule analysis form for Rule R315-266.

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 Quality
Waste 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 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:

03/02/2016

This rule may become effective on:

03/09/2016

Authorized by:

Scott Anderson, Director

R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.

[R315-14. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities.

R315-14-1. General Requirements.

(a) Purpose, Scope, and Applicability.

(1) The purpose of R315-14 is to establish minimum State standards which define the acceptable management of certain hazardous wastes and the acceptable practices for certain kinds of hazardous waste management facilities.

(2) R315-14 applies, in lieu of the requirements of R315-8 or R315-7, to the owners and operators of eligible hazardous waste management facilities.

 

R315-14-2. Recyclable Materials Used in a Manner Constituting Disposal.

(a) The requirements regarding recyclable materials used in a manner constituting disposal of 40 CFR 266.20 to 266.23, inclusive, 2003 ed., are adopted and incorporated by reference.

 

R315-14-3. Reserved.

Reserved.

 

R315-14-4. Reserved.

Reserved.

 

R315-14-5. Recyclable Materials Utilized for Precious Metal Recovery.

The requirements regarding recyclable materials utilized for precious metal recovery of 40 CFR 266.70, 1996 ed., are adopted and incorporated by reference.

 

R315-14-6. Spent Lead-Acid Batteries Being Reclaimed.

The requirements regarding spent lead-acid batteries being reclaimed of 40 CFR 266.80, 1998 ed., as amended by 63 FR 71225, December 24, 1998, are adopted and incorporated by reference.

 

R315-14-7. Hazardous Waste Burned in Boilers and Industrial Furnaces.

The requirements as found in 40 CFR 266, Subpart H, 266.100 - 266.112, 2008 ed., are adopted and incorporated by reference.

 

R315-14-8. Military Munitions.

For purposes of 19-6-102(18)(a), a used or fired military munition is a solid waste, and, therefore, is potentially subject to corrective action authorities under 19-6-105(1)(d), 19-6-112, and RCRA 3008(h), or imminent and substantial endangerment authorities under 19-6-115 if the munition lands off-range and is not promptly rendered safe or retrieved or both. Any imminent and substantial threats associated with any remaining material shall be addressed. If remedial action is infeasible, the operator of the range shall maintain a record of the event for as long as any threat remains. The record shall include the type of munition and its location, to the extent the location is known.

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: January 13, 2012

Notice of Continuation: July 13, 2011

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