No. 35356 (Amendment): Rule R315-13. Land Disposal Restrictions

(Amendment)

DAR File No.: 35356
Filed: 10/13/2011 03:26:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment adopts equivalent federal regulations to maintain equivalency with the U.S. Environmental Protection Agency (EPA) and retain authorization.

Summary of the rule or change:

The proposed changes make a number of technical changes that correct existing errors in the hazardous waste regulation, such as typographical errors, incorrect or outdated citations, and omissions. Some of the corrections are necessary to make conforming changes to all appropriate parts of the hazardous waste regulations for new rules that have since been promulgated. This proposed rule change also removes saccharin and its salts from the lists of hazardous constituents and commercial chemical products which are hazardous wastes when discarded or intended to be discarded.

State statutory or constitutional authorization for this rule:

• Section 19-6-105
• Section 19-6-106

This rule or change incorporates by reference the following material:

• Adds 75 FR 78918, published by Office of the Federal Register National Archives and Records Administration, 12/17/2010
• Adds 75 FR 31716, published by Office of the Federal Register National Archives and Records Administration, 06/04/2010
• Adds 75 FR 12989, published by Office of the Federal Register National Archives and Records Administration, 03/18/2010
• Adds 70 FR 45508, published by Office of the Federal Register National Archives and Records Administration, 08/05/2005

Anticipated cost or savings to:

the state budget:

The compliance costs for the state budget will not change since the rule change implements current statutory and regulatory requirements.

local governments:

The compliance costs for local governments will not change since the rule change implements current statutory and regulatory requirements.

small businesses:

The compliance costs for small businesses will not change since the rule change implements current statutory and regulatory requirements.

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

The compliance costs for other persons will not change since the rule change implements current statutory and regulatory requirements.

Compliance costs for affected persons:

The compliance costs for affected persons will not change since the rule change implements current statutory and regulatory requirements.

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

The proposed changes in this rule will have no fiscal impact on businesses beyond the current statutory and regulatory impact.

Amanda Smith, 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
Solid and Hazardous WasteRoom Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3097

Direct questions regarding this rule to:

• Susan Toronto at the above address, by phone at 801-536-0233, by FAX at 801-536-0222, 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:

12/01/2011

This rule may become effective on:

12/15/2011

Authorized by:

Scott Anderson, Director

RULE TEXT

R315. Environmental Quality, Solid and Hazardous Waste.

R315-13. Land Disposal Restrictions.

R315-13-1. Land Disposal Restrictions.

The requirements as found in 40 CFR 268, 2001 ed., as amended by 65 FR 67068, November 8, 2000; 65 FR 81373, December 26, 2000; 66 FR 27266, May 16, 2001; 66 FR 58258, November 20, 2001; 67 FR 17119, April 9, 2002; 67 FR 62618, October 7, 2002; 67 FR 48393, July 24, 2002; [and] 70 FR 9138, February 24, 2005 ; 70 FR 45508, August 5, 2005; 75 FR 12989, March 18, 2010; 75 FR 31716, June 4, 2010; and 75 FR 78918, December 17, 2010, are adopted and incorporated by reference including Appendices III, IV, VI, VII, VIII, IX, and XI, with the exclusion of Sections 268.5, 268.6, 268.42(b), and 268.44(a) - (g) and with the following exceptions:

(a) Substitute "Board" for all federal regulation references made to "Administrator" or "Regional Administrator" except for 40 CFR 268.40(b).

(b) All references made to "EPA Hazardous Waste Number" will include P999, and F999.

(c) Substitute Utah Code Annotated, Title 19, Chapter 6 for all references to RCRA.

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: [January 15, 2010]2011

Notice of Continuation: July 13, 2011

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

 

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