No. 30567 (Amendment): R311-401-2. Utah Hazardous Substances Priority List

DAR File No.: 30567
Filed: 10/09/2007, 04:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to comply with Section 19-6-311.

Summary of the rule or change:

The Five Points PCE Plume site is being added to the hazardous substances priority list. In addition, several sites included in the proposed national priority list sites section of the hazardous substances priority list are being moved to the national priority list sites section. (DAR NOTE: PCE stands for tetrachlorosethylene.)

State statutory or constitutional authorization for this rule:

Section 19-6-311

Anticipated cost or savings to:

the state budget:

The addition of the Five Points PCE Plume site to the hazardous substances priority list allows the state to partner with Environmental Protection Agency (EPA) to address the conditions of the site by spending hazardous substance mitigation fund monies as appropriated and to use the authority granted by the Hazardous Substance Mitigation Act. Addressing the contamination may spur economic development. However, at this time sufficient information is not available to specify whether there would be an aggregate cost or savings or the amount to the state budget.

local governments:

The addition of the Five Points PCE Plume site to the hazardous substances priority list allows the state to partner with EPA to address the conditions of the site by spending hazardous substance mitigation fund monies as appropriated and to use the authority granted by the Hazardous Substance Mitigation Act. Addressing the contamination may spur economic development. However, at this time sufficient information is not available to specify whether there would be an aggregate cost or savings or the amount to the local government.

small businesses and persons other than businesses:

The addition of the Five Points PCE Plume site to the hazardous substances priority list allows the State to partner with EPA to address the conditions of the site by spending hazardous substance mitigation fund monies as appropriated and to use the authority granted by the Hazardous Substance Mitigation Act. Addressing the contamination may spur economic development. However, at this time sufficient information is not available to specify whether there would be an aggregate cost or savings or the amount to small business and persons other than businesses.

Compliance costs for affected persons:

The potential compliance cost for affected persons is not known. The EPA and the state may take steps to recover their costs from the responsible parties as allowed by law.

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

Adding the Five Points PCE Plume site and eventually addressing the contamination may spur economic development by cleaning up the contamination or managing the risk so that some of the uncertainty of development is removed. However, at this time sufficient information is not available to identify the fiscal impact the amendment may have on businesses. Removing the sites identified above from the potential national priority list sites section and adding them to the national priority list sites section is not expected to have any fiscal impact on businesses because the amendment is merely a reflection of action already taken by EPA. Richard W. Sprott, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Environmental Response and Remediation
168 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Sandra K. Allen at the above address, by phone at 801-536-4122, by FAX at 801-359-8853, or by Internet E-mail at [e-mail]

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:

12/03/2007

This rule may become effective on:

12/10/2007

Authorized by:

Richard W. Sprott, Executive Director

RULE TEXT

R311. Environmental Quality, Environmental Response and Remediation.

R311-401. Utah Hazardous Substances Priority List.

R311-401-1. Definitions.

The definitions in Section 19-6-302 are adopted and incorporated by reference as part of this rule.

 

R311-401-2. Hazardous Substances Priority List.

Pursuant to Section 19-6-311 of the Utah Hazardous Substances Mitigation Fund Act the hazardous substances priority list is hereby established as presented below. The listed sites are eligible to be addressed under the authority of Section 19-6-311 et seq. U.C.A. 1953 as amended.

(a) National Priority List Sites. The Federal Register publication dates are indicated below.

 

TABLE

   SITE   SITE NAME                        FEDERAL REGISTER

   NUMBER                                  PUBLICATION DATE



   1      Hill Air Force Base              July 22, 1987

   2      Monticello Vicinity Properties   June 10, 1986

   3      Ogden Defense Depot              July 22, 1987

   4      Portland Cement Sites 2 and 3    June 10, 1986

   5      Rose Park Sludge Pit             September 8, 1983

   6      Utah Power and Light,            October 4, 1989

          American Barrel

   7      Sharon Steel                     August 30, 1990

   8      Tooele Army Depot, North         August 30, 1990

   9      Monticello Mill Site             November 21, 1989

   10     Midvale Slag                     February 11, 1991

   11     Wasatch Chemical, Lot 6          February 11, 1991

   12     Petrochem Recycling Corp./       October 14, 1992

          Ekotek Plant

   13     Jacobs Smelter                   February 4, 2000

   14     Intermountain Waste Oil Refinery May 11,2000

   15     International Smelting and

          Refining                         July 27, 2000

   16     Bountiful/Woods Cross 5th South

          PCE Plume                        September 13, 2001

   17     Davenport and Flagstaff

          Smelters                         April 30, 2003

   18     Eureka Mills                     September 5, 2002

   19     Five Points PCE Plume            September 19, 2007

 

(b) Proposed National Priority List Sites. The Federal Register publication dates are indicated below.

 

TABLE

   SITE   SITE NAME                        FEDERAL REGISTER

   NUMBER                                  PUBLICATION DATE



      1      Richardson Flat Tailings      February 7, 1992

      2      Murray Smelter                January 18, 1994

[      3      Davenport and Flagstaff

             Smelters                      December 1, 2000

      4      Eureka Mills                  February 7, 2001]

 

(c) Scored Sites

Reserved.

 

KEY: hazardous substances, hazardous substances priority list

Date of Enactment or Last Substantive Amendment: [October 1, 2002]2007

Notice of Continuation: July 19, 2007

Authorizing, and Implemented or Interpreted Law: 19-6-311