DAR File No. 43977

Environmental Quality, Waste Management and Radiation Control, Waste Management

Rule R315-266

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

Notice of Proposed Rule

(Amendment)

DAR File No.: 43977
Filed: 08/09/2019 10:51:33 AM

RULE ANALYSIS

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 R315-266.

Summary of the rule or change:

References in Subsections R315-266-70(b)(2) and (3) to 40 CFR 265 were changed to reference the appropriate sections of Rule R315-265. References in Subsections R315-266-70(b)(2) and (3) to the import and export rules found in Rule R315-262 were updated in accordance with the revised import and export rules. Section R315-266-80 was revised in accordance with the revised import and export rules. References in Subsections R315-266-80(b) to 40 CFR 265 were changed to reference the appropriate sections of Rule R315-265.

Statutory or constitutional authorization for this rule:

• Section 19-6-104
• Section 19-6-107
• Section 19-6-105

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.

local governments:

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.

small businesses:

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 not 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 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 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. These 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 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:

10/01/2019

This rule may become effective on:

10/15/2019

Authorized by:

Scott Baird, Interim Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*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.

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

R315-266-70. Recyclable Materials Utilized for Precious Metal Recovery -- Applicability and Requirements.

(a) The regulations of Section R315-266-70 apply to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these.

(b) Persons who generate, transport, or store recyclable materials that are regulated under Section R315-266-70 are subject to the following requirements:

(1) Notification requirements under section 3010 of RCRA;

(2) Sections R315-262-20 through 262-27, for generators[;], Sections R315-263-20 and 263-21, for transporters; and [40 CFR 265.71 and 72, which are adopted by reference]Sections R315-265-71 and 265-72, for persons who store; and

(3) For precious metals exported to or imported from [designated OECD member]other countries for recovery, Sections R315-262-80 through [89]262-84 and [40 CFR 265.12(a)(2), which is adopted by reference. For precious metals exported to or imported from non-OECD countries for recovery, Sections R315-262-50 through 58 and 60]Section R315-265-12.

(c) Persons who store recycled materials that are regulated under Section R315-266-70 shall keep the following records to document that they are not accumulating these materials speculatively, as defined in Subsection R315-261-1(c);

(1) Records showing the volume of these materials stored at the beginning of the calendar year;

(2) The amount of these materials generated or received during the calendar year; and

(3) The amount of materials remaining at the end of the calendar year.

(d) Recyclable materials that are regulated under Section R315-266-70 that are accumulated speculatively, as defined in Subsection R315-261-1(c), are subject to all applicable provisions of Rules R315-262 through 265, 270, and 124.

 

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 then you are exempt from Rules R315-262, [(]except for Sections R315-262-11, R315-262-18, and R315-262-80 through R315-262[6]-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 are 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 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].

(8) If your batteries will be reclaimed other than through regeneration and if you import these batteries from foreign country and store these batteries but you aren't the reclaimer then you are exempt from Rules R315-262, except for Sections R315-262-11, 262-18 and 262-80 through 262-84, Rules R315-263, R315-264, R315-265, R315-266, R315-270, R315-124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261, Sections R315-262-11, 262-18, and 262-80 through 262-84, and applicable provisions under Rule R315-268.

(9) If your batteries will be reclaimed other than through regeneration and if you import these batteries from foreign country and 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, Sections R315-262-11, 262-18, and 262-80 through 262-84, and applicable provisions under Rule R315-268.

(10) If your batteries will be reclaimed other than through regeneration and if you import these batteries from foreign country and don't store these batteries before you reclaim them then you are exempt from Rules R315-262, except for Sections 262-11, 262-18 and 262-80 through 262-84, Rules R315-263, R315-264, R315-265, R315-266, R315-270, and R315-124, and the notification requirements at section 3010 of RCRA and you are subject to Rule R315-261, Sections R315-262-11, 262-18, and 262-80 through 262-84, and applicable provisions under Rule R315-268.

(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 265.4, which are adopted by reference in Section R315-265-1]Sections R315-265-1 through 265-4.

(iii) All applicable provisions in [40 CFR 265.10 through 265.19, which are adopted by reference in Section R315-265-1]Sections R315-265-10 through 265-19, except Section R315-265[.]-13, waste analysis.

(iv) All applicable provisions in [40 CFR 265.30 through 265.56, which are adopted by reference in Section R315-265-1]Sections R315-265-30 through 265-56.

(v) All applicable provisions in [40 CFR 265.70 through 77, which are adopted by reference]Sections R315-265-70 through 265-77, except Sections R315-265[.]-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]Sections R315-265-90 through 265-260.

(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: [August 31, 2017]2019

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