DAR File No. 41657

Environmental Quality, Waste Management and Radiation Control, Waste Management

Section R315-266-80

Spent Lead-Acid Batteries Being Reclaimed -- Applicability and Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 41657
Filed: 05/15/2017 05:29:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed changes incorporate corresponding revisions made by EPA in a final rule published in the Federal Register on 11/28/2016 (81 FR 85732) under the title of Hazardous Waste Generator Improvements Rule (HWGIR). As an authorized state for the hazardous waste program, the proposed changes are made in order to maintain regulatory equivalency with the federal hazardous waste regulations. Similar changes are proposed in other rules under Title R315 in order to incorporate all of the corresponding revisions promulgated under the final HWGIR by EPA on 11/28/2016.

Summary of the rule or change:

On 04/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Section R315-266-80 reflect those corresponding revisions made by the final HWGIR to 40 CFR 266.80, as promulgated on 11/28/2016 (81 FR 85732). While many of the changes are required to retain primacy of the hazardous waste program, others provide added clarification or correct textual errors. Specifically, incorporating into Section R315-266-80 and into the other companion rules of Title R315, the revisions promulgated by EPA make significant improvements to the hazardous waste generation requirements by: 1) reorganizing and consolidating the generator requirements for added convenience and clarity, 2) providing added flexibility for generators to manage their hazardous waste in a more cost-effective and equally protective manner, and 3) revising the title of the lowest category of hazardous waste generation from "conditionally exempt small quantity generator" to "very small quantity generator". The change in the title of the lowest category of hazardous waste generation will result in less confusion on the part of hazardous waste generators regarding the essential requirements for managing hazardous waste produced in very small quantities. Changing the title of this generation category to "very small quantity generator" makes clear that limited rules apply to the generation and management of hazardous waste in very small quantities rather than potentially mislead by using the phrase "conditionally exempt", which may imply that no requirements or rules apply.

Statutory or constitutional authorization for this rule:

• Section 19-6-105
• Section 19-6-106

Anticipated cost or savings to:

the state budget:

Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, state agencies that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators.

local governments:

Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, local governments that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators.

small businesses:

Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, small businesses that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators.

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

Based on EPA's regulatory impact assessment (September 2016) for the HWGIR, other persons that generate hazardous waste may realize an undetermined portion of the aggregate annual net cost savings of $3,600 to $13,100 for all Utah hazardous waste generators.

Compliance costs for affected persons:

In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100.

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

In the regulatory impact assessment issued by EPA (September 2016, EPA-HQ-RCRA-2012-0121-0313, regulations.gov) for the final HWGIR, EPA estimated that by applying the rule changes, all hazardous waste generators can potentially realize a national aggregate net compliance cost savings from $722,000 to $2,630,000, annually. The total number of Utah hazardous waste generators is about 0.5% of the national total. Therefore, given the national total, the annual net cost savings to all Utah hazardous waste generators may range from $3,600 to $13,100.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Rusty Lundberg at the above address, by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov
• Thomas Ball at the above address, by phone at 801-536-0251, by FAX at , or by Internet E-mail at tball@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:

07/03/2017

This rule may become effective on:

07/31/2017

Authorized by:

Scott Anderson, Director

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

R315-266. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities.

R315-266-80. Spent Lead-Acid Batteries Being Reclaimed -- Applicability and Requirements.

(a) Are spent lead-acid batteries exempt from hazardous waste management requirements? If you generate, collect, transport, store, or regenerate lead-acid batteries for reclamation purposes, you may be exempt from certain hazardous waste management requirements. Use Subsections R315-266-80(a)(1) through (7) to determine which requirements apply to you. Alternatively, you may choose to manage your spent lead-acid batteries under the "Universal Waste" rule in Rule R315-273.

(1) If your batteries will be reclaimed through regeneration, such as by electrolyte replacement, then you are exempt from Rules R315-262, except for Section R315-262-11; 263; 264; 265; 266; 268; 270; and 124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261 and Section R315-262-11.

(2) If your batteries will be reclaimed other than through regeneration and if you generate, collect, and/or transport these batteries then you are exempt from Rule R315-262, except for Section R315-262-11; 263; 264; 265; 266; 270; and 124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261 and Section R315-262-11, and applicable provisions under Rule R315-268.

(3) If your batteries will be reclaimed other than through regeneration and if you store these batteries but you aren't the reclaimer then you are exempt from Rule R315-262, except for Section R315-262-11; 263; 264; 265; 266; 270; and 124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261 and Section R315-262-11, and applicable provisions under Rule R315-268.

(4) If your batteries will be reclaimed other than through regeneration and if you store these batteries before you reclaim them then you shall comply with Subsection R315-266-80(b) and as appropriate other regulatory provisions described in Subsection R315-266-80(b) and you are subject to Rule R315-261 and Section R315-262-11, and applicable provisions under Rule R315-268.

(5) If your batteries will be reclaimed other than through regeneration and if you don't store these batteries before you reclaim them then you are exempt from Rule R315-262, except for Section R315-262-11; 263; 264; 265; 266; 270; and 124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261 and Section R315-262-11, and applicable provisions under Rule R315-268.

(6) If your batteries will be reclaimed through regeneration or any other means and if you export these batteries for reclamation in a foreign country [the]then you are exempt from Rules R315- 262 (except for Sections R315-262-11, R315-262-18, and R315-262-80 through R315-2626-84) R315-263, R315-264, R315-265, R315-266, R315-268, R315-270, R315-124, and the notification requirements at section 3010 of RCRA[.]and [You]you are [also exempt from Rule R315-262, except for Section R315-262-11, and except for the applicable requirements in either: Sections R315-262-80 through 89; or Section R315-262-53 "Notification of Intent to Export, Subsection R315-262-56(a)(1) through (4)(6) and (b) "Annual Reports," and Section R315-262-57 "Recordkeeping" and you are subject to Rule R315-261 and Section R315-262-11, and either shall comply with Sections R315-262-80 through 89, if shipping to one of the OECD countries specified in Subsection R315-262-58(a)(1)), or shall:

(i) Comply with the requirements applicable to a primary exporter in Subsections R315-262-53, 56(a)(1) through (4), (6), and (b) and Section R315-262-57; and

(ii) Export these batteries only upon consent of the receiving country and in conformance with the EPA Acknowledgement of Consent as defined in Sections R315-262-50 through 58; and

(iii) Provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter transporting the shipment for export]subject to Rule R315-261, Sections R315-262-11 and R315-262-18, and Sections R315-262-80 through R315-262-84.

(7) If your batteries will be reclaimed through regeneration or any other means and if you transport these batteries in the U.S. to export them for reclamation in a foreign country then you are exempt from Rules R315-263, 264, 265, 266, 268, 270, 124, and the notification requirements at section 3010 of RCRA and you shall comply with applicable requirements in Sections R315-262-80 through [89]R315-262-84, if shipping to one of the OECD countries specified in Subsection R315-262-58(a)(1), or shall comply with the following:

(i) you may not accept a shipment if you know the shipment does not conform to the EPA Acknowledgment of Consent;

(ii) you shall ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment; and

(iii) you shall ensure that the shipment is delivered to the facility designated by the person initiating the shipment.

(b) If I store spent lead-acid batteries before I reclaim them but not through regeneration, which requirements apply? The requirements of Subsection R315-266-80(b) apply to you if you store spent lead-acid batteries before you reclaim them, but you don't reclaim them through regeneration. The requirements are slightly different depending on your permit status.

(1) For Interim Status Facilities, you shall comply with:

(i) Notification requirements under section 3010 of RCRA.

(ii) All applicable provisions in 40 CFR 265.1 through [4]265.4, which are adopted by reference in Section R315-265-1.

(iii) All applicable provisions in 40 CFR 265.10 through [19]265.19, which are adopted by reference in Section R315-265-1, except Section 265.13, waste analysis.

(iv) All applicable provisions in 40 CFR 265.30 through 265.56, which [is]are adopted by reference in Section R315-265-1.

(v) All applicable provisions in 40 CFR 265.70 through 77, which are adopted by reference, except 265.71 and 265.72, dealing with the use of the manifest and manifest discrepancies.

(vi) All applicable provisions in 40 CFR 265.90 through 265.260, which are adopted by reference in Section R315-265-1.

(vii) All applicable provisions in Rules R315-270 and 124.

(2) For Permitted Facilities:

(i) Notification requirements under section 3010 of RCRA.

(ii) All applicable provisions in Sections R315-264-1 through 4.

(iii) All applicable provisions in Sections R315-264-10 through 19, but not Section R315-264-13, waste analysis.

(iv) All applicable provisions in Sections R315-264-30 through 56.

(v) All applicable provisions in Sections R315-264-70 through 77, but not Sections R315-264-71 or 72, dealing with the use of the manifest and manifest discrepancies.

(vi) All applicable provisions in Sections R315-264-90 through 259.

(vii) All applicable provisions in Rules R315-270 and 124.

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: [April 15, 2016]2017

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