DAR File No. 40267

Environmental Quality, Waste Management and Radiation Control, Waste Management

Rule R315-310

Permit Requirements for Solid Waste Facilities

Notice of Proposed Rule

(Amendment)

DAR File No.: 40267
Filed: 03/16/2016 10:16:48 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment adds coal ash facilities operated by electrical generation facility to the list of facilities requiring a permit.

Summary of the rule or change:

The rule change adds coal ash disposal facilities resulting from electric power generation to the list of solid waste disposal facilities that are required to have a solid waste permit. It makes some wording changes to clarify the rule and adds a section that refers to the information that will be required in a permit application for a coal ash disposal facility.

State statutory or constitutional authorization for this rule:

• Section 19-6-105
• Section 19-6-108
• Section 19-6-109
• 40 CFR 258

Anticipated cost or savings to:

the state budget:

All costs for this rule change are covered in the rule analysis for the new Rule R315-319.

local governments:

All costs for this rule change are covered in the rule analysis for the new Rule R315-319.

small businesses:

All costs for this rule change are covered in the rule analysis for the new Rule R315-319.

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

All costs for this rule change are covered in the rule analysis for the new Rule R315-319.

Compliance costs for affected persons:

All costs for this rule change are covered in the rule analysis for the new Rule R315-319.

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

All costs for this rule change are covered in the rule analysis for the new Rule R315-319.

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:

05/16/2016

This rule may become effective on:

05/23/2016

Authorized by:

Scott Anderson, Director

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

R315-310. Permit Requirements for Solid Waste Facilities.

R315-310-1. Applicability.

(1) The following solid waste facilities require a permit:

(a) New and existing Class I, II, III, IV, V,[and] VI , and coal combustion residual (CCR) Landfills and coal combustion residual surface impoundments;

(b) Class I, II, III, IV, V, and VI Landfills that have closed but have not met the requirements of Subsection R315-302-3(7);

(c) incinerator facilities that are regulated by Rule R315-306;

(d) land treatment disposal facilities that are regulated by Rule R315-307; and

(d) waste tire storage facilities.

(2) Permits are not required for corrective actions at solid waste facilities performed by the state or in conjunction with the United States Environmental Protection Agency or in conjunction with actions to implement the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), or corrective actions taken by others to comply with a state or federal cleanup order.

(3) The requirements of [Rule R315-310]Sections R315-310-2 through 12 apply to each existing and new solid waste facility[, for which a permit is required] as indicated.

(a) The Director may incorporate a compliance schedule for each existing facility to ensure that the owner or operator, or both, of each existing facility meet the requirements of Rule R315-310.

(b) The owner or operator, or both, where the owner and operator are not the same person, of each new facility or expansion at an existing solid waste facility, for which a permit is required, shall:

(i) apply for a permit according to the requirements of Rule R315-310;

(ii) not begin the construction or the expansion of the solid waste facility until a permit has been granted; and

(iii) not accept waste at the solid waste facility prior to receiving the approval required by Subsection R315-301-5(1).

(4) A landfill may not change from its current class, or subclass, to any other class, or subclass, of landfill except by meeting all requirements for the desired class, or subclass, to include obtaining a new permit from the Director for the desired class, or subclass, of landfill.

(5) Any facility that is in operation at the time that a permit is required for the facility by Subsection R315-310-1(a) and has submitted a permit application within six months of the date the facility became subject to the permit requirements of Subsection R315-310-1(a) may continue to operate during the permit review period but must meet all applicable requirements of rules R315-301 through 320 unless an alternative requirement has been approved by the Director.

 

R315-310-12. Contents of a Permit Application for a New or Expanding Coal Combustion Residual Landfill and Coal Combustion Residual Surface Impoundment.

Each application for a coal combustion residual landfill and coal combustion residual surface impoundment permit shall contain the information required in Subsections R315-310-3(1)(a) and (k), and Section R315-319.

 

KEY: solid waste management, waste disposal

Date of Enactment or Last Substantive Amendment: [April 25, 2013]2016

Notice of Continuation: February 13, 2013

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-108; 19-6-109; 40 CFR 258