DAR File No. 43971
This rule was published in the September 1, 2019, issue (Vol. 2019, No. 17) of the Utah State Bulletin.
Environmental Quality, Waste Management and Radiation Control, Waste Management
Hazardous Waste Management System
Notice of Proposed Rule
DAR File No.: 43971
Filed: 08/09/2019 09:42:59 AM
Purpose of the rule or reason for the change:
In November of 2016, the Environmental Protection Agency (EPA) published final revisions to the Hazardous Waste Export-Import rules in the Federal Register (81 FR 85696). Then in December of 2017, the EPA published additional final revisions to rules regarding Confidentiality Determinations for Hazardous Waste Export and Import Documents in the Federal Register (82 FR 60894). Only the federal government, through the EPA, is authorized to administer the import and export of hazardous waste as part of the federal government's role in handling matters of foreign policy. However, authorized state programs are still required to adopt export and import provisions into their rules in order to maintain equivalency with the federal program. The purpose of these changes is to adopt the appropriate revisions into Rule R315-260.
Summary of the rule or change:
These changes amend Subsection R315-260-2(b) by revising and adding Subsection (d). These changes also revise Section R315-260-10 by adding, in alphabetical order, the definitions of "AES filing compliance date," "Electronic import-export reporting compliance date," and "Recognized trader", and revise Section R315-260-11 to update references to the Federal Register. Several references to 40 CFR 265 were changed to Rule R315-265.
Statutory or constitutional authorization for this rule:
- Section 19-6-104
- Section 19-6-106
- Section 19-6-105
This rule or change incorporates by reference the following material:
- Adds Federal Register Volume 81, published by Office of the Federal Register, National Archives and Records Administration, 11/28/2016
Anticipated cost or savings to:
the state budget:
Because the state of Utah is not an importer or exporter of hazardous waste it is not anticipated that these revisions will have any impact on the state budget. Implementation of these rule changes by the Division of Waste Management and Radiation Control will not result in an increase or decrease to the state budget because the export and import provisions of the rules are administered at the federal level by the EPA.
There are no local governments that are importers or exporters of hazardous waste, and local governments will not be implementing these rule changes so it is not anticipated that there will be any cost or savings to local governments.
Currently, there are no small businesses in Utah that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any small business that exports or imports hazardous waste should already be following the rules. Any costs or savings to small businesses are a result of following the EPA's rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any small businesses that are in addition to those created by following the EPA's rules.
persons other than small businesses, businesses, or local governmental entities:
Currently, there are no persons other than small businesses, businesses, or local governments that have submitted a notification that they are an exporter or importer of hazardous waste. As stated previously, export and import rules are administered by the EPA. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018, and any persons other than small businesses, businesses or local governments that export or import hazardous waste should already be following the rules. Any costs to persons other than small businesses, businesses, or local governments are a result of following EPA's the rules. Therefore, it is not anticipated that adoption of these rule changes by the state of Utah will result in any costs or savings to any such persons that are in addition to those created by following the EPA's rules.
Compliance costs for affected persons:
It is anticipated that there will not be any additional compliance costs for affected persons due to the adoption of these rule changes because the state of Utah is simply adopting these rules as required by EPA to maintain the equivalency of our program to that of EPA. The rule changes being adopted are administered at the federal government level by the EPA.
Comments by the department head on the fiscal impact the rule may have on businesses:
Only the federal government, through the EPA, is authorized to administer the import and export of hazardous waste as part of the federal government's role in handling matters of foreign policy. Because these rule changes are being administered by the federal government, it is not anticipated that their adoption by the state of Utah will have any fiscal impact beyond the impact created by the federal adoption of these rule changes.
L. Scott Baird, Interim 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 firstname.lastname@example.org
- Thomas Ball at the above address, by phone at 801-536-0251, by FAX at , or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Scott Baird, Interim Executive Director
Appendix 1: Regulatory Impact Summary Table*
Total Fiscal Costs:
Total Fiscal Benefits:
Net Fiscal Benefits:
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.
Appendix 2: Regulatory Impact to Non - Small Businesses
There is one company (NAICS 562211) in Utah that operates three facilities and is a non-small business. All three facilities have submitted notification that they are importers of hazardous waste. Only the federal government, through the EPA, is authorized to administer the import and export of hazardous waste as part of the federal government's role in handling matters of foreign policy. However; authorized state programs are still required to adopt export and import provisions into their rules in order to maintain equivalency with the Federal program. The revisions to the federal rules became effective nationally in December of 2016 and June of 2018. At the time that these rules became effective these three facilities were required to comply with the rules as amended. In the document entitled Regulatory Impact Analysis Hazardous Waste Export-Import Revisions Final Rule dated August 2016 the EPA estimates the regulatory impact of the rule revisions. The document concludes that there are fiscal impacts to businesses involved in the export and import of hazardous waste. These impacts are mainly associated with the administrative part of the rule and include but are not limited to: obtaining a CDX registration, submitting notices, submitting annual reports, creating movement documents, confirming recovery and disposal and obtaining an EPA ID number. The state of Utah is adopting these rule revisions in order to maintain equivalency with the Federal program. It is not anticipated that adoption of these rule revisions will result in any additional regulatory impact.
The interim head of the Department of Environmental Quality, L. Scott Baird, has reviewed and approved this fiscal analysis.
R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.
R315-260. Hazardous Waste Management System.
R315-260-2. Availability of Information and Confidentiality of Information.
(a) Any information provided to The Director under Rules R315-15 and 101; Rules R315-260 through 266, 268, 270 and 273 will be made available to the public to the extent and in the manner authorized by Sections 63G-2-101 through 901.
(b) Except as provided under Subsection
, any person who submits information to the Director
in accordance with Rules R315-15 and 101; Rules R315-260 through
266, 268, 270 and 273 may assert a claim of business
confidentiality covering part or all of that information by
following the procedures set forth in Section 63G-2-309.
Information covered by such a claim shall be disclosed by the
Director only to the extent, and by means of the procedures, set
forth Sections 63G-2-101 through 901[
except that information required by Subsection
R315-262-53(a) and Subsection R315-262-83 that is submitted to EPA
in a notification of intent to export a hazardous waste shall be
provided to the U.S. Department of State and the appropriate
authorities in the transit and receiving or importing countries
regardless of any claims of confidentiality]. However, if
no claim under Sections 63G-2-101 through 804 accompanies the
information when it is received by the Director, it may be made
available to the public without further notice to the person
(c)(1) After August 6, 2014, no claim of business confidentiality may be asserted by any person with respect to information entered on a Hazardous Waste Manifest, EPA Form 8700-22, a Hazardous Waste Manifest Continuation Sheet, EPA Form 8700-22A, or an electronic manifest format that may be prepared and used in accordance with Subsection R315-262-20(a)(3).
(2) EPA shall make any electronic manifest
that is prepared and used in accordance with Subsection
R315-262-20(a)(3), or any paper manifest that is submitted to the
system under Subsection R315-264-71(a)(6) or Subsection
40 CFR 265.71(a)(6), which is adopted by
reference], available to the public under Section
R315-260-2 when the electronic or paper manifest is a complete and
final document. Electronic manifests and paper manifests submitted
to the system are considered by EPA to be complete and final
documents and publicly available information after 90 days have
passed since the delivery to the designated facility of the
hazardous waste shipment identified in the manifest.
(a) Terms used in Rules R315-15, R315-260 through 266, R315-268, R315-270, R315-273, and Rule R315-101 are defined in Sections 19-1-103 and 19-6-102.
(b) Terms used in Rule R315-15 are also defined in Sections 19-6-703 and 19-6-706(b).
(c) Additional terms used in Rules R315-260 through 266, R315-268, R315-270, R315-273, and Rule R315-101 are defined as follows:
(1) "Above ground tank" means a device meeting the definition of "tank" in Section R315-260-10 and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank, including the tank bottom, is able to be visually inspected.
(2) "Acute hazardous waste" means hazardous wastes that meet the listing criteria in Subsection R315-261-11(a)(2) and therefore are either listed in Section R315-261-31 with the assigned hazard code of (H) or are listed in Subsection R315-261-33(e).
(3) "Active life" of a facility means the period from the initial receipt of hazardous waste at the facility until the Director receives certification of final closure.
(4) "Active portion" means that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after November 19, 1980 and which is not a closed portion. See also "closed portion" and "inactive portion."
(5)] "Airbag waste" means any hazardous waste
airbag modules or hazardous waste airbag inflators.
(6)] "Airbag waste collection facility" means any
facility that receives airbag waste from airbag handlers subject to
regulation under Subsection R315-261-4(j), and accumulates the
waste for more than ten days.
(7)] "Airbag waste handler" means any person, by
site, who generates airbag waste that is subject to regulation
under Rules R315-260 through 266, R315-268, R315-270, and
(8)] "Approved hazardous waste management facility"
or "approved facility" means a hazardous waste treatment,
storage, or disposal facility which has received an EPA permit in
accordance with federal requirements, has been approved under
Section 19-6-108 and Rule R315-270, or has been permitted or
approved under any other EPA authorized hazardous waste state
(9)] "Ancillary equipment" means any device
including, but not limited to, such devices as piping, fittings,
flanges, valves, and pumps, that is used to distribute, meter, or
control the flow of hazardous waste from its point of generation to
a storage or treatment tank(s), between hazardous waste storage and
treatment tanks to a point of disposal onsite, or to a point of
shipment for disposal off-site.
(10)] "Aquifer" means a geologic formation, group
of formations, or part of a formation capable of yielding a
significant amount of ground water to wells or springs.
(11)] "Authorized representative" means the person
responsible for the overall operation of a facility or an
operational unit, i.e., part of a facility, e.g., the plant
manager, superintendent or person of equivalent responsibility.
(12)] "Battery" means a device consisting of one or
more electrically connected electrochemical cells which is designed
to receive, store, and deliver electric energy. An electrochemical
cell is a system consisting of an anode, cathode, and an
electrolyte, plus such connections, electrical and mechanical, as
may be needed to allow the cell to deliver or receive electrical
energy. The term battery also includes an intact, unbroken battery
from which the electrolyte has been removed.
(13)] "Boiler" means an enclosed device using
controlled flame combustion and having the following
(i)(A) The unit shall have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and
(B) The unit's combustion chamber and primary energy recovery sections(s) shall be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s), such as waterwalls and superheaters, shall be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment, such as economizers or air preheaters, need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters, units that transfer energy directly to a process stream, and fluidized bed combustion units; and
(C) While in operation, the unit shall maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
(D) The unit shall export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps; or
(ii) The unit is one which the Board has determined, on a case-by-case basis, to be a boiler, after considering the standards in Section R315-260-32
(14)] "Carbon dioxide stream" means carbon dioxide
that has been captured from an emission source, e.g., power plant,
plus incidental associated substances derived from the source
materials and the capture process, and any substances added to the
stream to enable or improve the injection process.
(15)] "Carbon regeneration unit" means any enclosed
thermal treatment device used to regenerate spent activated
(16)] "Cathode ray tube" or "CRT" means a
vacuum tube, composed primarily of glass, which is the visual or
video display component of an electronic device. A used, intact CRT
means a CRT whose vacuum has not been released. A used, broken CRT
means glass removed from its housing or casing whose vacuum has
(17)] "Central accumulation area" means any on-site
hazardous waste accumulation area with hazardous waste accumulating
in units subject to either Section R315-262-16, for small quantity
generators, or Section R315-262-17, for large quantity generators.
A central accumulation area at an eligible academic entity that
chooses to operate under Sections R315-262-200 through 216 is also
subject to Section R315-262-211 when accumulating unwanted material
or hazardous waste, or both.
(18)] "Certification" means a statement of
professional opinion based upon knowledge and belief.
(19)] "Closed portion" means that portion of a
facility which an owner or operator has closed in accordance with
the approved facility closure plan and all applicable closure
requirements. See also "active portion" and
(20)] "Component" means either the tank or
ancillary equipment of a tank system.
(21)] "Confined aquifer" means an aquifer bounded
above and below by impermeable beds or by beds of distinctly lower
permeability than that of the aquifer itself; an aquifer containing
confined ground water.
(22)] "Contained" means held in a unit, including a
land-based unit as defined in R315-260-10, that meets the following
(i) The unit is in good condition, with no leaks or other continuing or intermittent unpermitted releases of the hazardous secondary materials to the environment, and is designed, as appropriate for the hazardous secondary materials, to prevent releases of hazardous secondary materials to the environment. Unpermitted releases are releases that are not covered by a permit, such as a permit to discharge to water or air, and may include, but are not limited to, releases through surface transport by precipitation runoff, releases to soil and groundwater, wind-blown dust, fugitive air emissions, and catastrophic unit failures;
(ii) The unit is properly labeled or otherwise has a system, such as a log, to immediately identify the hazardous secondary materials in the unit; and
(iii) The unit holds hazardous secondary materials that are compatible with other hazardous secondary materials placed in the unit and is compatible with the materials used to construct the unit and addresses any potential risks of fires or explosions.
(iv) Hazardous secondary materials in units that meet the applicable requirements of Rules R315-264 or 265 are presumptively contained.
(23)] "Container" means any portable device in
which a material is stored, transported, treated, disposed of, or
(24)] "Containment building" means a hazardous
waste management unit that is used to store or treat hazardous
waste under the provisions of Subsections R315-264-1100 through
1102 or 40 CFR 265.1100 through 1102, which are adopted and
incorporated by reference.
(25)] "Contingency plan" means a document setting
out an organized, planned, and coordinated course of action to be
followed in case of a fire, explosion, or release of hazardous
waste or hazardous waste constituents which could threaten human
health or the environment.
(26)] "Corrosion expert" means a person who, by
reason of his knowledge of the physical sciences and the principles
of engineering and mathematics, acquired by a professional
education and related practical experience, is qualified to engage
in the practice of corrosion control on buried or submerged metal
piping systems and metal tanks. Such a person shall be certified as
being qualified by the National Association of Corrosion Engineers
(NACE) or be a registered professional engineer who has
certification or licensing that includes education and experience
in corrosion control on buried or submerged metal piping systems
and metal tanks.
(27)] "CRT collector" means a person who receives
used, intact CRTs for recycling, repair, resale, or donation.
(28)] "CRT glass manufacturer" means an operation
or part of an operation that uses a furnace to manufacture CRT
(29)] "CRT processing" means conducting all of the
(i) Receiving broken or intact CRTs; and
(ii) Intentionally breaking intact CRTs or further breaking or separating broken CRTs; and
(iii) Sorting or otherwise managing glass removed from CRT monitors.
(30)] "Designated facility" means:
(i) A hazardous waste treatment, storage, or disposal facility which:
(A) Has received a permit, or interim status, in accordance with the requirements of Rule R315-270 and 124;
(B) Has received a permit, or interim status, from a State authorized in accordance with 40 CFR 271; or
(C) Is regulated under Subsection R315-261-6(c)(2) or Section R315-266-70; and
(D) That has been designated on the manifest by the generator pursuant to Section R315-262-20.
(ii) "Designated facility" also
means a generator site designated on the manifest to receive its
waste as a return shipment from a facility that has rejected the
waste in accordance with Subsections R315-264-72(f) or
40 CFR 265.72(f), which is adopted and incorporated by
(iii) If a waste is destined to a facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility shall be a facility allowed by the receiving State to accept such waste.
(31)] "Destination facility" means a facility that
treats, disposes of, or recycles a particular category of universal
waste, except those management activities described in Subsection
R315-273-13(a) and (c) and Section R315-273-33. A facility at which
a particular category of universal waste is only accumulated, is
not a destination facility for purposes of managing that category
of universal waste.
(32)] "Dike" means an embankment or ridge of either
natural or man-made materials used to prevent the movement of
liquids, sludges, solids, or other materials.
(33)] "Dioxins and furans (D/F)" means tetra,
penta, hexa, hepta, and octa-chlorinated dibenzo dioxins and
(34)] "Discharge" or "hazardous waste
discharge" means the accidental or intentional spilling,
leaking, pumping, pouring, emitting, emptying, or dumping of
hazardous waste into or on any land or water.
(35)] "Disposal facility" means a facility or part
of a facility at which hazardous waste is intentionally placed into
or on any land or water, and at which waste will remain after
closure. The term disposal facility does not include a corrective
action management unit into which remediation wastes are
(36)] "Division" means the Division of Waste
Management and Radiation Control.
(37)] "Drip pad" is an engineered structure
consisting of a curbed, free-draining base, constructed of
non-earthen materials and designed to convey preservative kick-back
or drippage from treated wood, precipitation, and surface water
run-on to an associated collection system at wood preserving
(38)] "Elementary neutralization unit" means a
(i) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in Section R315-261-22, or they are listed in Sections R315-261-30 through 35 only for this reason; and
(ii) Meets the definition of tank, tank system, container, transport vehicle, or vessel in Sections R315-260-10.
(39)] "Electronic manifest, or e-Manifest" means
the electronic format of the hazardous waste manifest that is
obtained from EPA's national e-Manifest system and transmitted
electronically to the system, and that is the legal equivalent of
EPA Forms 8700-22, Manifest, and 8700-22A, Continuation Sheet.
(40)] "Electronic Manifest System, or e-Manifest
System" means EPA's national information technology system
through which the electronic manifest may be obtained, completed,
transmitted, and distributed to users of the electronic manifest
and to regulatory agencies.
(41)] "EPA hazardous waste number" means the number
assigned by EPA to each hazardous waste listed in Sections
R315-261-30 through 35 and to each characteristic identified in
Sections R315-261-20 through 24.
(42)] "EPA identification number" means the number
assigned by EPA to each generator, transporter, and treatment,
storage, or disposal facility.
(43)] "EPA region" means the states and territories
found in any one of the following ten regions:
(i) Region I-Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island.
(ii) Region II-New York, New Jersey, Commonwealth of Puerto Rico, and the U.S. Virgin Islands.
(iii) Region III-Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and the District of Columbia.
(iv) Region IV-Kentucky, Tennessee, North Carolina, Mississippi, Alabama, Georgia, South Carolina, and Florida.
(v) Region V-Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio.
(vi) Region VI-New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.
(vii) Region VII-Nebraska, Kansas, Missouri, and Iowa.
(viii) Region VIII-Montana, Wyoming, North Dakota, South Dakota, Utah, and Colorado.
(ix) Region IX-California, Nevada, Arizona, Hawaii, Guam, American Samoa, Commonwealth of the Northern Mariana Islands.
(x) Region X-Washington, Oregon, Idaho, and Alaska.
(44)] "Equivalent method" means any testing or
analytical method approved by the Director under Sections
R315-260-20 and 21.
(45)] "Existing hazardous waste management (HWM)
facility" or "existing facility" means a facility
which was in operation or for which construction commenced on or
before November 19, 1980. A facility has commenced construction
(i) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either
(ii)(A) A continuous on-site, physical construction program has begun; or
(B) The owner or operator has entered into contractual obligations-which cannot be cancelled or modified without substantial loss-for physical construction of the facility to be completed within a reasonable time.
(46)] "Existing portion" means that land surface
area of an existing waste management unit, included in the original
Part A permit application, on which wastes have been placed prior
to the issuance of a permit.
(47)] "Existing tank system" or "existing
component" means a tank system or component that is used for
the storage or treatment of hazardous waste and that is in
operation, or for which installation has commenced on or prior to
July 14, 1986, or December 16, 1988 for purposes of implementing
the non-HSWA requirements of the tank regulations as promulgated by
EPA on July 14, 1986, 51 FR 25470, as they have been incorporated
into the corresponding rules of R315. A non-HSWA existing tank
system or non-HSWA tank component is one which does not implement
any of the requirements of the federal Hazardous and Solid Waste
Amendments of 1984 (HSWA) as identified in Table 1 of 40 CFR 271.1.
Installation shall be considered to have commenced if the owner or
operator has obtained all Federal, State, and local approvals or
permits necessary to begin physical construction of the site or
installation of the tank system and if either:
(i) a continuous on-site physical construction or installation program has begun; or
(ii) the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time.
(48)] "Facility" means:
(i) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste, or for managing hazardous secondary materials prior to reclamation. A facility may consist of several treatment, storage, or disposal operational units, e.g., one or more landfills, surface impoundments, or combinations of them.
(ii) For the purpose of implementing corrective action under Section R315-264-101, all contiguous property under the control of the owner or operator seeking a permit under Section 19-6-108. This definition also applies to facilities implementing corrective action under Section R315-263-31 and Rule R315-101.
(iii) Notwithstanding Subsection R315-260-10(c)(48)(ii), a remediation waste management site is not a facility that is subject to Section R315-264-101, but is subject to corrective action requirements if the site is located within such a facility.
(49)] "Federal agency" means any department,
agency, or other instrumentality of the Federal Government, any
independent agency or establishment of the Federal Government
including any Government corporation, and the Government Printing
(50)] "Federal, State and local approvals or permits
necessary to begin physical construction" means permits and
approvals required under Federal, State or local hazardous waste
control statutes, regulations or ordinances.
(51)] "Final closure" means the closure of all
hazardous waste management units at the facility in accordance with
all applicable closure requirements so that hazardous waste
management activities under Rules R315-264 and 265 are no longer
conducted at the facility unless subject to the provisions in
(52)] "Food-chain crops" means tobacco, crops grown
for human consumption, and crops grown for feed for animals whose
products are consumed by humans.
(53)] "Free liquids" means liquids which readily
separate from the solid portion of a waste under ambient
temperature and pressure.
(54)] "Freeboard" means the vertical distance
between the top of a tank or surface impoundment dike, and the
surface of the waste contained therein.
(55)] "Generator" means any person, by site, whose
act or process produces hazardous waste identified or listed in
Rule R315-261 or whose act first causes a hazardous waste to become
subject to regulation.
(56)] "Ground water" means water below the land
surface in a zone of saturation.
(57)] "Hazard class" means:
(i) The DOT hazard class identified in 49 CFR 172; and
(ii) If the DOT hazard class is "OTHER REGULATED MATERIAL," ORM, the EPA hazardous waste characteristic exhibited by the waste and identified in Sections R315-261-20 through 24.
(58)] "Hazardous secondary material" means a
secondary material, e.g., spent material, by-product, or sludge,
that, when discarded, would be identified as hazardous waste under
(59)] "Hazardous secondary material generator"
means any person whose act or process produces hazardous secondary
materials at the generating facility. For purposes of Subsection
R315-260-10(c)(59), "generating facility" means all
contiguous property owned, leased, or otherwise controlled by the
hazardous secondary material generator. For the purposes of
Subsections R315-261-2(a)(2)(ii) and R315-261-4(a)(23), a facility
that collects hazardous secondary materials from other persons is
not the hazardous secondary material generator.
(60)] "Hazardous waste constituent" means a
constituent that caused the Board to list the hazardous waste in
Sections R315-261-30 through 35, or a constituent listed in table 1
of Section R315-261-24.
(61)] "Hazardous waste management unit" is a
contiguous area of land on or in which hazardous waste is placed,
or the largest area in which there is significant likelihood of
mixing hazardous waste constituents in the same area. Examples of
hazardous waste management units include a surface impoundment, a
waste pile, a land treatment area, a landfill cell, an incinerator,
a tank and its associated piping and underlying containment system
and a container storage area. A container alone does not constitute
a unit; the unit includes containers and the land or pad upon which
they are placed.
(62)] "In operation" refers to a facility which is
treating, storing, or disposing of hazardous waste.
(63)] "Inactive portion" means that portion of a
facility which is not operated after November 19, 1980. See also
"active portion" and "closed portion".
(64)] "Incinerator" means any enclosed device
(i) Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or
(ii) Meets the definition of infrared incinerator or plasma arc incinerator.
(65)] "Incompatible waste" means a hazardous waste
which is unsuitable for:
(i) Placement in a particular device or facility because it may cause corrosion or decay of containment materials, e.g., container inner liners or tank walls; or
(ii) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.
(66)] "Individual generation site" means the
contiguous site at or on which one or more hazardous wastes are
generated. An individual generation site, such as a large
manufacturing plant, may have one or more sources of hazardous
waste but is considered a single or individual generation site if
the site or property is contiguous.
(67)] "Industrial furnace" means any of the
following enclosed devices that are integral components of
manufacturing processes and that use thermal treatment to
accomplish recovery of materials or energy:
(i) Cement kilns;
(ii) Lime kilns;
(iii) Aggregate kilns;
(iv) Phosphate kilns;
(v) Coke ovens;
(vi) Blast furnaces;
(vii) Smelting, melting and refining furnaces, including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters, and foundry furnaces;
(viii) Titanium dioxide chloride process oxidation reactors;
(ix) Methane reforming furnaces;
(x) Pulping liquor recovery furnaces;
(xi) Combustion devices used in the recovery of sulfur values from spent sulfuric acid;
(xii) Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.
(xiii) Such other devices as the Board may, after notice and comment, add to this list on the basis of one or more of the following factors:
(A) The design and use of the device primarily to accomplish recovery of material products;
(B) The use of the device to burn or reduce raw materials to make a material product;
(C) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;
(D) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;
(E) The use of the device in common industrial practice to produce a material product; and
(F) Other factors, as appropriate.
(68)] "Infrared incinerator" means any enclosed
device that uses electric powered resistance heaters as a source of
radiant heat followed by an afterburner using controlled flame
combustion and which is not listed as an industrial furnace.
(69)] "Inground tank" means a device meeting the
definition of "tank" in Section R315-260-10 whereby a
portion of the tank wall is situated to any degree within the
ground, thereby preventing visual inspection of that external
surface area of the tank that is in the ground.
(70)] "Injection well" means a well into which
fluids are injected. See also "underground
(71)] "Inner liner" means a continuous layer of
material placed inside a tank or container which protects the
construction materials of the tank or container from the contained
waste or reagents used to treat the waste.
(72)] "Installation inspector" means a person who,
by reason of his knowledge of the physical sciences and the
principles of engineering, acquired by a professional education and
related practical experience, is qualified to supervise the
installation of tank systems.
(73)] "Intermediate facility" means any facility
that stores hazardous secondary materials for more than 10 days,
other than a hazardous secondary material generator or reclaimer of
(74)] "International shipment" means the
transportation of hazardous waste into or out of the jurisdiction
of the United States.
(75)] "Lamp," also referred to as "universal
waste lamp", is defined as the bulb or tube portion of an
electric lighting device. A lamp is specifically designed to
produce radiant energy, most often in the ultraviolet, visible, and
infra-red regions of the electromagnetic spectrum. Examples of
common universal waste electric lamps include, but are not limited
to, fluorescent, high intensity discharge, neon, mercury vapor,
high pressure sodium, and metal halide lamps.
(76)] "Land-based unit" means an area where
hazardous secondary materials are placed in or on the land before
recycling. This definition does not include land-based production
(77)] "Landfill" means a disposal facility or part
of a facility where hazardous waste is placed in or on land and
which is not a pile, a land treatment facility, a surface
impoundment, an underground injection well, a salt dome formation,
a salt bed formation, an underground mine, a cave, or a corrective
action management unit.
(78)] "Landfill cell" means a discrete volume of a
hazardous waste landfill which uses a liner to provide isolation of
wastes from adjacent cells or wastes. Examples of landfill cells
are trenches and pits.
(79)] "Land treatment facility" means a facility or
part of a facility at which hazardous waste is applied onto or
incorporated into the soil surface; such facilities are disposal
facilities if the waste will remain after closure.
(80)] "Large quantity generator" is a generator who
generates any of the following amounts in a calendar month:
(i) Greater than or equal to 1,000 kilograms (2,200 lbs) of non-acute hazardous waste; or
(ii) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in Section R315-261-31 or Subsection R315-261-33(e); or
(iii) Greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in Section R315-261-31 or Subsection R315-261-33(e).
(81)] "Leachate" means any liquid, including any
suspended components in the liquid, that has percolated through or
drained from hazardous waste.
(82)] "Leak-detection system" means a system
capable of detecting the failure of either the primary or secondary
containment structure or the presence of a release of hazardous
waste or accumulated liquid in the secondary containment structure.
Such a system shall employ operational controls, e.g., daily visual
inspections for releases into the secondary containment system of
aboveground tanks, or consist of an interstitial monitoring device
designed to detect continuously and automatically the failure of
the primary or secondary containment structure or the presence of a
release of hazardous waste into the secondary containment
(83)] "Liner" means a continuous layer of natural
or man-made materials, beneath or on the sides of a surface
impoundment, landfill, or landfill cell, which restricts the
downward or lateral escape of hazardous waste, hazardous waste
constituents, or leachate.
(84)] "Management" or "hazardous waste
management" means the systematic control of the collection,
source separation, storage, transportation, processing, treatment,
recovery, and disposal of hazardous waste.
(85)] "Manifest" is defined in Subsection
19-6-102(14) and is further defined as: the shipping document EPA
Form 8700-22, including, if necessary, EPA Form 8700-22A, or the
electronic manifest, originated and signed in accordance with the
applicable requirements of Rules R315-262 through 265.
(86)] "Manifest tracking number" means: The
alphanumeric identification number, i.e., a unique three letter
suffix preceded by nine numerical digits, which is pre-printed in
Item 4 of the Manifest by a registered source.
(87)] "Mercury-containing equipment" means a device
or part of a device, including thermostats, but excluding batteries
and lamps, that contains elemental mercury integral to its
(88)] "Mining overburden returned to the mine site"
means any material overlying an economic mineral deposit which is
removed to gain access to that deposit and is then used for
reclamation of a surface mine.
(89)] "Miscellaneous unit" means a hazardous waste
management unit where hazardous waste is treated, stored, or
disposed of and that is not a container, tank, surface impoundment,
pile, land treatment unit, landfill, incinerator, boiler,
industrial furnace, underground injection well with appropriate
technical standards under 40 CFR 146, containment building,
corrective action management unit, unit eligible for a research,
development, and demonstration permit under Section R315-270-65, or
(90)] "Monitoring" means all procedures used to
systematically inspect and collect data on operational parameters
of the facility or on the quality of the air, ground water, surface
water, or soils.
(91)] "Movement" means that hazardous waste
transported to a facility in an individual vehicle.
(92)] "New hazardous waste management facility" or
"new facility" means a facility which began operation, or
for which construction commenced after November 19, 1980. See also
"Existing hazardous waste management facility".
(93)] "New tank system" or "new tank
component" means a tank system or component that will be used
for the storage or treatment of hazardous waste and for which
installation has commenced after July 14, 1986; except, however,
for purposes of Subsections R315-264-193(g)(2) and
[ 40 CFR 265.193(g)(2), which is adopted and incorporated by
reference], a new tank system is one for which
construction commences after July 14, 1986, or December 16, 1988
for purposes of implementing the non-HSWA requirements of the tank
regulations as promulgated by EPA on July 14, 1986, 51 FR 25470, as
they have been incorporated into the corresponding rules of R315;
except, however, for purposes of
[ 40 CFR 265-193(g)(2), which is adopted and incorporated by
reference,] and Subsection R315-264-193(g)(2), a new tank
system is one which construction commences after July 14, 1986. A
non-HSWA new tank system or non-HSWA new tank component is one
which does not implement any of the requirements of the federal
Hazardous and Solid Waste Amendments of 1984 (HSWA) as identified
in Table 1 of 40 CFR 271.1. See also "existing tank
(94)] "No free liquids, as used in Subsections
R315-261-4(a)(26) and R315-261-4(b)(18)", means that
solvent-contaminated wipes may not contain free liquids as
determined by Method 9095B, Paint Filter Liquids Test, included in
"Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods," EPA Publication SW-846, and that there is no free
liquid in the container holding the wipes. No free liquids may also
be determined using another standard or test method as defined by
(95)] "Non-acute hazardous waste" means all
hazardous wastes that are not acute hazardous waste, as defined in
(96)] "On ground tank" means a device meeting the
definition of "tank" in Section R315-260-10 and that is
situated in such a way that the bottom of the tank is on the same
level as the adjacent surrounding surface so that the external tank
bottom cannot be visually inspected.
(97)] "On-site" means the same or geographically
contiguous property which may be divided by public or private
right-of-way, provided the entrance and exit between the properties
is at a cross-roads intersection, and access is by crossing as
opposed to going along, the right-of-way. Non-contiguous properties
owned by the same person but connected by a right-of-way which he
controls and to which the public does not have access, is also
considered on-site property.
(98)] "Open burning" means the combustion of any
material without the following characteristics:
(i) Control of combustion air to maintain adequate temperature for efficient combustion,
(ii) Containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and
(iii) Control of emission of the gaseous combustion products. See also "incineration" and "thermal treatment".
(99)] "Operator" means the person responsible for
the overall operation of a facility.
(100)] "Owner" means the person who owns a facility
or part of a facility.
(101)] "Partial closure" means the closure of a
hazardous waste management unit in accordance with the applicable
closure requirements of Rules R315-264 and 265 at a facility that
contains other active hazardous waste management units. For
example, partial closure may include the closure of a tank,
including its associated piping and underlying containment systems,
landfill cell, surface impoundment, waste pile, or other hazardous
waste management unit, while other units of the same facility
continue to operate.
(102)] "Polychlorinated biphenyl, PCB" and
"PCBs" means any chemical substance that is limited to
the biphenyl molecule that has been chlorinated to varying degrees
or any combination of substances which contains such substance. PCB
and PCBs as contained in PCB items are defined in Section
R315-260-10. For any purposes under Rules R315-260 through 266,
268, 270, 273, R315-15, and R315-101, inadvertently generated
non-Aroclor PCBs are defined as the total PCBs calculated following
division of the quantity of monochlorinated biphenyls by 50 and
dichlorinated biphenyls by 5.
(103)] "PCB Item" means any PCB Article, PCB
Article Container, PCB Container, PCB Equipment, or anything that
deliberately or unintentionally contains or has as a part of it any
PCB or PCBs.
(104)] "Permit" means the plan approval as required
by subsection 19-6-108(3)(a), or equivalent control document issued
by the Director to implement the requirements of the Utah Solid and
Hazardous Waste Act;
(105)] "Permittee" is defined in Subsection
19-6-102(18) and includes any person who has received an approval
of a hazardous waste operation plan under Section 19-6-108 and Rule
R315-262 or a Federal RCRA permit for a treatment, storage, or
(106)] "Person" means an individual, trust, firm,
joint stock company, Federal Agency, corporation, including a
government corporation, partnership, association, State,
municipality, commission, political subdivision of a State, or any
(107)] "Personnel" or "facility
personnel" means all persons who work at, or oversee the
operations of, a hazardous waste facility, and whose actions or
failure to act may result in noncompliance with the requirements of
Rules R315-264 or 265.
(108)] "Pesticide" means any substance or mixture
of substances intended for preventing, destroying, repelling, or
mitigating any pest, or intended for use as a plant regulator,
defoliant, or desiccant, other than any article that:
(i) Is a new animal drug under FFDCA section 201(w), or
(ii) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or
(iii) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by Subsection R315-260-10(c)(108)(i) or (ii).
(109)] "Pile" means any non-containerized
accumulation of solid, nonflowing hazardous waste that is used for
treatment or storage and that is not a containment building.
(110)] "Plasma arc incinerator" means any enclosed
device using a high intensity electrical discharge or arc as a
source of heat followed by an afterburner using controlled flame
combustion and which is not listed as an industrial furnace.
(111)] "POHC's" means principle organic
(112)] "Point source" means any discernible,
confined, and discrete conveyance, including, but not limited to
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation, or
vessel or other floating craft, from which pollutants are or may be
discharged. This term does not include return flows from irrigated
(113)] "Precipitation run-off" means water
generated from naturally occurring storm events. If the
precipitation run-off has been in contact with a waste defined in
Sections R315-261-20 through 24, it qualifies as
"precipitation run-off" if the water does not exhibit any
of the characteristics identified in Section R315-261-20 through
24. If the precipitation run-off has been in contact with a waste
listed in Sections R315-261-30 through 35, then it qualifies as
"precipitation run-off" when the water has been excluded
under Section R315-260-22. Water containing any leachate does not
qualify as "precipitation run-off".
(114)] "Publicly owned treatment works" or
"POTW" means any device or system used in the treatment,
including recycling and reclamation, of municipal sewage or
industrial wastes of a liquid nature which is owned by the State or
a political subdivision within the State. This definition includes
sewers, pipes, or other conveyances only if they convey wastewater
to a POTW providing treatment.
(115)] "Qualified Ground-Water Scientist" means a
scientist or engineer who has received a baccalaureate or
post-graduate degree in the natural sciences or engineering, and
has sufficient training and experience in ground-water hydrology
and related fields as may be demonstrated by state registration,
professional certifications, or completion of accredited university
courses that enable that individual to make sound professional
judgements regarding ground-water monitoring and contaminant fate
(116)] "RCRA" means the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act of 1976,
as amended, 42 U.S.C. section 6901 et seq.
(117)] "Remanufacturing" means processing a
higher-value hazardous secondary material in order to manufacture a
product that serves a similar functional purpose as the original
commercial-grade material. For the purpose of this definition, a
hazardous secondary material is considered higher-value if it was
generated from the use of a commercial-grade material in a
manufacturing process and can be remanufactured into a similar
(118)] "Remediation waste" means all solid and
hazardous wastes, and all media, including ground water, surface
water, soils, and sediments, and debris, that are managed for
(119)] "Remediation waste management site" means a
facility where an owner or operator is or will be treating, storing
or disposing of hazardous remediation wastes. A remediation waste
management site is not a facility that is subject to corrective
action under Section R315-264-101, but is subject to corrective
action requirements if the site is located in such a facility.
(120)](i) "Replacement unit" means a landfill,
surface impoundment, or waste pile unit:
(A) from which all or substantially all of the waste is removed; and
(B) that is subsequently reused to treat, store, or dispose of hazardous waste.
(ii) "Replacement unit" does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with a closure plan approved by the Director or a corrective action approved by the Director.
(121)] "Representative sample" means a sample of a
universe or whole, e.g., waste pile, lagoon, ground water, which
can be expected to exhibit the average properties of the universe
(122)] "Run-off" means any rainwater, leachate, or
other liquid that drains over land from any part of a facility.
(123)] "Run-on" means any rainwater, leachate, or
other liquid that drains over land onto any part of a facility.
(124)] "Saturated zone" or "zone of
saturation" means that part of the earth's crust in which
all voids are filled with water.
(125)] "Sludge" means any solid, semi-solid, or
liquid waste generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or air
pollution control facility exclusive of the treated effluent from a
wastewater treatment plant.
(126)] "Sludge dryer" means any enclosed thermal
treatment device that is used to dehydrate sludge and that has a
maximum total thermal input, excluding the heating value of the
sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight
(127)] "Small Quantity Generator" is a generator
who generates the following amounts in a calendar month:
(i) Greater than 100 kilograms (220 lbs) but less than 1,000 kilograms (2,200 lbs) of non-acute hazardous waste; and
(ii) Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous waste listed in Section R315-261-31 or Subsection R315-261-33(e); and
(iii) Less than or equal to 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in Section R315-261-31 or Subsection R315-261-33(e).
(128)] "Solid Waste Management Unit" means any
discernible unit at which solid wastes have been placed at any
time, irrespective of whether the unit was intended for the
management of solid or hazardous waste. Such units include any area
at a facility at which solid wastes have been routinely and
(129)] "Solvent-contaminated wipe" means:
(i) A wipe that, after use or after cleaning up a spill, either:
(A) Contains one or more of the F001 through F005 solvents listed in Section R315-261-31 or the corresponding P- or U- listed solvents found in Section R315-261-33;
(B) Exhibits a hazardous characteristic found in Sections R315-261-20 through 24 when that characteristic results from a solvent listed in Rule R315-261; and/or
(C) Exhibits only the hazardous waste characteristic of ignitability found in Section R315-261-21 due to the presence of one or more solvents that are not listed in Rule R315-261.
(ii) Solvent-contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions at Subsections R315-261-4(a)(26) and R315-261-4(b)(18).
(130)] "Sorbent" means a material that is used to
soak up free liquids by either adsorption or absorption, or
(131)] "Sorb" means to either adsorb or absorb, or
(132)] A "spent material" is any material that has
been used and as a result of contamination can no longer serve the
purpose for which it was produced without processing.
(133)] "Spill" means the accidental discharging,
spilling, leaking, pumping, pouring, emitting, emptying, releasing,
or dumping of hazardous wastes or materials which, when spilled,
become hazardous wastes, into or on any land or water.
(134)] "Staging pile" means an accumulation of
solid, non-flowing remediation waste, as defined in Section
R315-260-10, that is not a containment building and that is used
only during remedial operations for temporary storage at a
facility. Staging piles shall be designated by the Director
according to the requirements of Section R315-264-554.
(135)] "State" means the state of Utah.
(136)] "Storage" is defined in Subsection
19-6-102(20) and includes the holding of hazardous waste for a
temporary period, at the end of which the hazardous waste is
treated, disposed of, or stored elsewhere.
(137)] "Sump" means any pit or reservoir that meets
the definition of tank and those troughs/trenches connected to it
that serve to collect hazardous waste for transport to hazardous
waste storage, treatment, or disposal facilities; except that as
used in the landfill, surface impoundment, and waste pile rules,
"sump" means any lined pit or reservoir that serves to
collect liquids drained from a leachate collection and removal
system or leak detection system for subsequent removal from the
(138)] "Surface impoundment" or
"impoundment" means a facility or part of a facility
which is a natural topographic depression, man-made excavation, or
diked area formed primarily of earthen materials, although it may
be lined with man-made materials, which is designed to hold an
accumulation of liquid wastes or wastes containing free liquids,
and which is not an injection well. Examples of surface
impoundments are holding, storage, settling, and aeration pits,
ponds, and lagoons.
(139)] "Tank" means a stationary device, designed
to contain an accumulation of hazardous waste which is constructed
primarily of non-earthen materials, e.g., wood, concrete, steel,
plastic, which provide structural support.
(140)] "Tank system" means a hazardous waste
storage or treatment tank and its associated ancillary equipment
and containment system.
(141)] "TEQ" means toxicity equivalence, the
international method of relating the toxicity of various
dioxin/furan congeners to the toxicity of
(142)] "Thermal treatment" means the treatment of
hazardous waste in a device which uses elevated temperatures as the
primary means to change the chemical, physical, or biological
character or composition of the hazardous waste. Examples of
thermal treatment processes are incineration, molten salt,
pyrolysis, calcination, wet air oxidation, and microwave discharge.
See also "incinerator" and "open burning".
(143)] "Thermostat" means a temperature control
device that contains metallic mercury in an ampule attached to a
bimetal sensing element, and mercury-containing ampules that have
been removed from these temperature control devices in compliance
with the requirements of Subsections R315-273-13(c)(2) or
(144)] "Totally enclosed treatment facility" means
a facility for the treatment of hazardous waste which is directly
connected to an industrial production process and which is
constructed and operated in a manner which prevents the release of
any hazardous waste or any constituent thereof into the environment
during treatment. An example is a pipe in which waste acid is
(145)] "Transfer facility" means any
transportation-related facility, including loading docks, parking
areas, storage areas and other similar areas where shipments of
hazardous waste or hazardous secondary materials are held during
the normal course of transportation.
(146)] "Transport vehicle" means a motor vehicle or
rail car used for the transportation of cargo by any mode. Each
cargo-carrying body; trailer, railroad freight car, etc.; is a
separate transport vehicle.
(147)] Transportation" is defined in Subsection
19-6-102(21) and includes the movement of hazardous waste by air,
rail, highway, or water.
(148)] "Transporter" means a person engaged in the
offsite transportation of hazardous waste by air, rail, highway, or
(149)](i) "Treatability study" means a study in
which a hazardous waste is subjected to a treatment process to
(A) Whether the waste is amenable to the treatment process,
(B) what pretreatment, if any, is required,
(C) the optimal process conditions needed to achieve the desired treatment,
(D) the efficiency of a treatment process for a specific waste or wastes, or
(E) the characteristics and volumes of residuals from a particular treatment process.
(ii) Also included in this definition for the purpose of the Subsection R315-261-4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies.
(iii) A "treatability study" is not a means to commercially treat or dispose of hazardous waste.
(150)] "Treatment" is defined in Subsection
19-6-102(22) and includes any method, technique, or process,
including neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous
waste so as to neutralize such waste, or so as to recover energy or
material resources from the waste, or so as to render such waste
non-hazardous, or less hazardous; safer to transport, store, or
dispose of; or amenable for recovery, amenable for storage, or
reduced in volume.
(151)] "Treatment zone" means a soil area of the
unsaturated zone of a land treatment unit within which hazardous
constituents are degraded, transformed, or immobilized.
(152)] "Underground injection" means the subsurface
emplacement of fluids through a bored, drilled or driven well; or
through a dug well, where the depth of the dug well is greater than
the largest surface dimension. See also "injection
(153)] "Underground tank" means a device meeting
the definition of "tank" in Section R315-260-10 whose
entire surface area is totally below the surface of and covered by
(154)] "Unfit-for use tank system" means a tank
system that has been determined through an integrity assessment or
other inspection to be no longer capable of storing or treating
hazardous waste without posing a threat of release of hazardous
waste to the environment.
(155)] "United States" means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(156)] "Universal waste" means any of the following
hazardous wastes that are managed under the universal waste
requirements of Rule R315-273:
(i) Batteries as described in Section R315-273-2;
(ii) Pesticides as described in Section R315-273-3;
(iii) Mercury-containing equipment as described in Section R315-273-4;
(iv) Lamps as described in Section R315-273-5;
(v) Antifreeze as described in Subsection R315-273-6(a); and
(vi) Aerosol cans as described in Subsection R315-273-6(b).
(157)] Universal waste handler
(A) A generator of universal waste; or
(B) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
(ii) Does not mean:
(A) A person who treats, except under the provisions of Subsection R315-273-13(a) or (c), or R315-273-33(a) or (c), disposes of, or recycles universal waste; or
(B) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
(158)] "Universal waste transporter" means a person
engaged in the off-site transportation of universal waste by air,
rail, highway, or water.
(159)] "Unsaturated zone" or "zone of
aeration" means the zone between the land surface and the
(160)] "Uppermost aquifer" means the geologic
formation nearest the natural ground surface that is an aquifer, as
well as lower aquifers that are hydraulically interconnected with
this aquifer within the facility's property boundary.
(161)] Used oil is defined in Subsection 19-6-703(19).
(162)] "User of the electronic manifest system"
means a hazardous waste generator, a hazardous waste transporter,
an owner or operator of a hazardous waste treatment, storage,
recycling, or disposal facility, or any other person that:
(i) Is required to use a manifest to comply with:
(A) Any federal or state requirement to track the shipment, transportation, and receipt of hazardous waste or other waste material that is shipped from the site of generation to an off-site designated facility for treatment, storage, recycling, or disposal; or
(B) Any federal or state requirement to track the shipment, transportation, and receipt of rejected wastes or regulated container residues that are shipped from a designated facility to an alternative facility, or returned to the generator; and
(ii) Elects to use the system to obtain, complete and transmit an electronic manifest format supplied by the EPA electronic manifest system, or
(iii) Elects to use the paper manifest
form and submits to the system for data processing purposes a paper
copy of the manifest, or data from such a paper copy, in accordance
with Subsections R315-264-71(a)(2)(v) or
40 CFR 265.71(a)(2)(v) which is adopted and incorporated by
reference]. These paper copies are submitted for data
exchange purposes only and are not the official copies of record
for legal purposes.
(163)] "Very small quantity generator" is a
generator who generates less than or equal to the following amounts
in a calendar month:
(i) 100 kilograms (220 lbs) of non-acute hazardous waste; and
(ii) 1 kilogram (2.2 lbs) of acute hazardous waste listed in Section R315-261-31 or Subsection R315-261-33(e); and
(iii) 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in Section R315-261-31 or Subsection R315-261-33(e).
(164)] "Vessel" includes every description of
watercraft, used or capable of being used as a means of
transportation on the water.
(165)] "Waste management area" means the limit
projected in the horizontal plane of the area on which waste will
be placed during the active life of a regulated unit. The waste
management area includes horizontal space taken up by any liner,
dike, or other barrier designed to contain waste in a regulated
unit. If the facility contains more than one regulated unit, the
waste management area is described by an imaginary line
circumscribing the several regulated units.
(166)] "Wastewater treatment unit" means a device
(i) Is part of a wastewater treatment facility that is subject to regulation under either section 402 or 307(b) of the Clean Water Act; and
(ii) Receives and treats or stores an influent wastewater that is a hazardous waste as defined in Section R315-261-3, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in Section R315-261-3, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in Section R315-261-3; and
(iii) Meets the definition of tank or tank system in Section R315-260-10.
(167)] "Water, bulk shipment" means the bulk
transportation of hazardous waste which is loaded or carried on
board a vessel without containers or labels.
(168)] "Well" means any shaft or pit dug or bored
into the earth, generally of a cylindrical form, and often walled
with bricks or tubing to prevent the earth from caving in.
(169)] "Well injection": See "underground
(170)] "Wipe" means a woven or non-woven shop
towel, rag, pad, or swab made of wood pulp, fabric, cotton,
polyester blends, or other material.
(171)] "Zone of engineering control" means an area
under the control of the owner/operator that, upon detection of a
hazardous waste release, can be readily cleaned up prior to the
release of hazardous waste or hazardous constituents to ground
water or surface water.
(a) For purposes of Rules R315-260 through
266, 268, 270, and 273, Rule R315-15 and Rule R315-101, the
references of 40 CFR 260.11, 2015 ed,
as amended by 81 FR 85806,] November 28, 2016, are
adopted and incorporated by reference.
KEY: hazardous waste
Date of Enactment or Last Substantive Amendment: [
Authorizing, and Implemented or Interpreted Law: 19-1-301; 19-6-105; 19-6-106
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Rusty Lundberg at the above address, by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at firstname.lastname@example.org; Thomas Ball at the above address, by phone at 801-536-0251, by FAX at , or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.