DAR File No. 40130

Environmental Quality, Waste Management and Radiation Control, Waste Management

Rule R315-50

Appendices

Notice of Proposed Rule

(Repeal)

DAR File No.: 40130
Filed: 01/14/2016 03:00:53 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 The new rules will follow the numbering system used by the US EPA, thus, the current hazardous waste rules must be repealed when the new rules become effective.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Rule R315-50 is repealed in its entirety and is replaced by Rules R315-261, R315-264, and R315-265. (DAR NOTE: The proposed new Rule R315-261 is under DAR No. 40108, the proposed new Rule R315-264 is under DAR No. 40115, and the proposed new Rule R315-265 is under DAR No. 40111 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 All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-261, R315-264, and R315-265.

small businesses:

There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-261, R315-264, and R315-265.

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

There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-261, R315-264, and R315-265.

Compliance costs for affected persons:

There will be no cost to repeal the rule. All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-261, R315-264, and R315-265.

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 All costs for the rules that will replace the repealed rule are covered in the rule analysis forms for Rules R315-261, R315-264, and R315-265.

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.

[R315-50. Appendices.

R315-50-1. Reserved.

Reserved.

 

R315-50-2. Recordkeeping Instructions.

The recordkeeping requirements of 40 CFR 264, Appendix I, and 265, Appendix I, 1993 ed., as amended by 59 FR 13891, March 24, 1994, are adopted and incorporated by reference.

 

R315-50-3. EPA Interim Primary Drinking Water Standards.

The interim primary drinking water standards of 40 CFR 265, Appendix III, 1991 ed., are adopted and incorporated by reference.

 

R315-50-4. Tests for Significance.

The requirements of 40 CFR 264 and 265, Appendix IV, 1991 ed., are adopted and incorporated by reference.

 

R315-50-5. Examples of Potentially Incompatible Waste.

The requirements of 40 CFR 264, Appendix V, and 265, Appendix V, 1991 ed., are adopted and incorporated by reference.

 

R315-50-6. Representative Sampling Methods.

The requirements of 40 CFR 261, Appendix I, 1991 ed., are adopted and incorporated by reference with the following exception:

Substitute "Director" for all references to "Agency".

 

R315-50-7. Toxicity Characteristic Leaching Procedure (TCLP).

The requirements of 40 CFR 261, Appendix II, 1993 ed., as amended by 58 FR 46040, August 31, 1993, are adopted and incorporated by reference.

 

R315-50-8. Chemical Analysis Test Methods.

The requirements of 40 CFR 261, Appendix III, 1993 ed., as amended by 58 FR 46040, August 31, 1993, are adopted and incorporated by reference.

 

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

The requirements of 40 CFR 261, Appendix VII, 2010 ed., are adopted and incorporated by reference, with the following addition:

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

 

R315-50-10. Hazardous Constituents.

The requirements of 40 CFR 261, Appendix VIII, 2002 ed., as amended by FR 70 9138, February 24, 2005, are adopted and incorporated by reference.

 

R315-50-11. Political Jurisdiction in Which Compliance with R315-8-2.9(a) Must be Demonstrated Within the State of Utah.

Beaver

Box Elder

Cache

Carbon

Daggett

Davis

Duchesne

Emery

Garfield

Grand

Iron

Juab

Kane

Millard

Morgan

Piute

Rich

Salt Lake

San Juan

Sanpete

Sevier

Summit

Tooele

Uintah

Utah

Wasatch

Washington

Wayne

Weber

 

R315-50-12. Reserved.

Reserved.

 

R315-50-13. Reserved.

Reserved.

 

R315-50-14. Ground Water Monitoring List.

The requirements of 40 CFR 264, Appendix IX, Groundwater Monitoring List, 1997 ed., are adopted and incorporated by reference.

 

R315-50-15. Reserved.

Reserved.

 

R315-50-16. Appendices to 40 CFR 266.

The requirements of 40 CFR 266, Appendices I - IX and XI - XIII, 2000 ed., are adopted and incorporated by reference.

 

R315-50-17. Compounds With Henry's Law Constant.

The requirements of Appendix VI of 40 CFR 265, Compounds with Henry's Law Constant, 1997 ed., as amended by 62 FR 64636, December 8, 1997, are adopted and incorporated by reference.

 

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: 19-6-106; 19-6-108; 19-6-105 ]