No. 32138 (Amendment): R315-2. General Requirements - Identification and Listing of Hazardous Waste

DAR File No.: 32138
Filed: 11/13/2008, 02:40
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed rule change adds regulations that correspond to the recycling of cathode ray tubes (CRTs).

Summary of the rule or change:

This proposed rule change adds regulations concerning the recycling of CRTs.

State statutory or constitutional authorization for this rule:

Sections 19-6-105 and 19-6-106

This rule or change incorporates by reference the following material:

40 CFR subpart E, sections 261.39 through 261.41, 2007 ed.

Anticipated cost or savings to:

the state budget:

Existing staff and resources will be used to implement the rule.

local governments:

The statute and proposed rule do not require local government resources.

small businesses and persons other than businesses:

There should be no costs incurred by small business other than minimal costs (less than $5) required to notify EPA of exports of CRTs outside the United States.

Compliance costs for affected persons:

There should be no costs incurred by affected persons other than very minimal costs (less than $5) required to notify EPA of exports of CRTs outside the United States.

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

There are no costs that should be incurred by businesses with the adoption of these rules other than very minimal costs (less than $5) involved in the notification to EPA of exports of CRTs outside of the United States. Richard 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
Solid and Hazardous Waste
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Susan Toronto at the above address, by phone at 801-538-6776, by FAX at 801-538-6715, 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:

12/31/2008

This rule may become effective on:

01/15/2009

Authorized by:

Dennis Downs, Director

RULE TEXT

R315. Environmental Quality, Solid and Hazardous Waste.

R315-2. General Requirements - Identification and Listing of Hazardous Waste.

R315-2-4. Exclusions.

(a) MATERIALS WHICH ARE NOT SOLID WASTES.

The following materials are not solid wastes for the purpose of this rule:

(1) Domestic sewage or any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works for treatment. "Domestic sewage" means untreated sanitary wastes that pass through a sewer system.

(2) Industrial wastewater discharges that are point source discharges subject to regulation under Section 402 of the Clean Water Act, as amended. This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored, or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.

(3) Irrigation return flows.

(4) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. Section 2011 et seq.

(5) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process.

(6) Pulping liquors, black liquor that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in [subsection ]R315-1-1(c), which incorporates by reference 40 CFR 261.1(c)[, 40 CFR].

(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in subsection R315-1-1(c), which incorporates by reference 40 CFR 261.1(c)[, 40 CFR].

(8) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided:

(i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;

(ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);

(iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; and

(iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.

 

. . . . . . .

 

(22) Used cathode ray tubes (CRTs)

(i) Used, intact CRTs as defined in R315-1-1(b), which incorporates by reference 40 CFR 260.10, are not solid wastes within the United States unless they are disposed, or unless they are speculatively accumulated as defined in R315-1-1(c), which incorporates by reference 40 CFR 261.1(c)(8), by CRT collectors or glass processors.

(ii) Used, intact CRTs as defined in R315-1-1(b), which incorporates by reference 40 CFR 260.10, are not solid wastes when exported for recycling provided that they meet the requirements of R315-2-27, which incorporates by reference 40 CFR 261.40.

(iii) Used, broken CRTs as defined in R315-1-1(b), which incorporates by reference 40 CFR 260.10, are not solid wastes provided that they meet the requirements of R315-2-27, which incorporates by reference 40 CFR 261.39.

(iv) Glass removed from CRTs is not a solid waste provided that it meets the requirements of R315-2-27, which incorporates by reference 40 CFR 261.39(c).

 

. . . . . . .

 

R315-2-27. Exclusions/Exemptions.

The requirements as found in 40 CFR subpart E, sections 261.39 through 261.41, 2007 ed., are adopted and incorporated by reference.

 

KEY: hazardous wastes

Date of Enactment or Last Substantive Amendment: December 1, 2006

Notice of Continuation: August 24, 2006

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