No. 30909 (Amendment): R315-15-11. Closure

DAR File No.: 30909
Filed: 01/15/2008, 10:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify terminology and provide consistency with other division programs.

Summary of the rule or change:

This amendment changes terminology to better identify the rule's purpose; clarifies permittee responsibilities regarding off-site migration of contaminants; and clarifies cleanup and closure initiation and power of Executive Secretary regarding use of financial assurance funds and determination of obligation completeness.

State statutory or constitutional authorization for this rule:

Section 19-6-704

Anticipated cost or savings to:

the state budget:

The requirements that affect state agencies are not changed and the oversight and enforcement of the rule will not change. Currently, there are no state governmental entities that are operating a permitted used oil facility so there is no anticipated effect on the state budget.

local governments:

There are currently no local governments that operate a permitted used oil facility so there is no anticipated effect on local government budget. Also, the proposed requirements do not change the costs of oversight or enforcement of the used oil rules by local governments.

small businesses and persons other than businesses:

Minimal one-time compliance costs are expected for affected persons to review the proposed rule clarifications. This is anticipated to be less than $100.

Compliance costs for affected persons:

The majority of the proposed changes clarify the existing used oil rule and incorporate language that makes the used oil program consistent with the other programs within the Division of Solid and Hazardous Waste. These changes should not pose an increase in compliance costs, except for a minimal one-time cost to review the proposed rule clarifications, anticipated to be less than $100.

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

There are no anticipated increased costs due to the proposed rule changes. 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
Solid and Hazardous Waste
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Jim Smith at the above address, by phone at 801-538-7061, 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:

03/03/2008

This rule may become effective on:

03/10/2008

Authorized by:

Dennis Downs, Director

RULE TEXT

R315. Environmental Quality, Solid and Hazardous Waste.

R315-15. Standards for the Management of Used Oil.

R315-15-11. Cleanup and Closure.

11.1 The owner or operator of a used oil collection, aggregation, transfer, processing/re-refining, or off-specification used oil burning facility shall [reclaim]remove all used oil and used oil residues from the site of [the ]operation and return the site to a post[]-operational land use in a manner that:

(a) Minimizes the need for further maintenance;

(b) Controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of used oil, used oil constituents, leachate, contaminated run-off, or used oil decomposition products to the ground or surface waters, or to the atmosphere; and

(c) Complies with the closure requirements of [this s]Section R315-15-11 or supplies evidence acceptable to the Executive Secretary demonstrating a closure mechanism meeting the requirements of Section R315-7-15,[ or] R315-8-8, or 311-201-6.

(d) The permittee shall be responsible for used oil, used oil contaminants, or used oil residual materials that have been discharged or migrate beyond the facility property boundary. The permittee is not relieved of all or any responsibility to cleanup, remedy or remediate a release that has discharged or migrated beyond the facility boundary where off-site access is denied. When off-site access is denied, the permittee shall demonstrate to the satisfaction of the Executive Secretary that, despite the permittee's best efforts, the permittee was unable to obtain the necessary permission to undertake the actions to cleanup, remedy or remediate the discharge or migration. The responsibility for discharges or migration beyond the facility property boundary does not convey any property rights of any sort, or any exclusive privilege to the permittee.

11.2 CLEANUP AND CLOSURE PLAN

(a) Written plan.

(1) The owner or operator of a used oil transfer, off-specification burner, or processing/re-refining facility shall have a written cleanup and closure plan. The cleanup and closure plan shall be submitted to the Executive Secretary for approval as part of the permit application.

(2) When physical or operational conditions at the facility change that result in a change in the nature or extent of cleanup and closure or an increase in the estimated costs of cleanup and closure, the owner or operator shall submit a modified plan for review and approval by the Executive Secretary.

(3) Changes in the amount or face value of a financial mechanism that are the result of the annual inflation update from the application of the implicit price deflator multiplier to a permit cleanup and closure plan cost estimate shall not require approval by the Executive Secretary.

(4) The adjustment shall be made by recalculating the cleanup closure cost estimate in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross Domestic Product published by the U.S. Department of Commerce, Bureau of Economic Analysis in its Survey of Current Business as specified in Section 264.145(b)(1) and (2). The inflation factor is the incremental increase of the latest published annual Deflator to the Deflator for the previous year divided by the previous year Deflator. The first adjustment is made by multiplying the cleanup closure cost estimate by the inflation factor. The result is the adjusted cleanup closure cost estimate. Subsequent adjustments are made by multiplying the latest adjusted cleanup closure cost estimate by the latest inflation factor.

(b) Content of plan. The plan shall identify steps necessary to perform partial [and/or]or final cleanup and closure of the facility at any point during its active life.[ The closure plan shall include, at least:]

(1) The cleanup and closure plan shall be based on third-party, direct-estimated costs or on third-party costs using RS Means methods, applications, procedures, and use cost values applicable to the location of the facility and include, at least:

([1]i) A description of how each used oil management unit at the facility will be closed.

([2]ii) A description of how final cleanup and closure of the facility will be conducted. The description shall identify the maximum extent of the operations which will be cleaned, closed, or both during the active life of the facility.

([3]iii) An estimate of the maximum inventory of used oil to be stored on[-]site at any one time during the life of the facility and a detailed description of the methods to be used during partial cleanup and closure[s and ]final cleanup and closure, or both, including, but not limited to, methods for removing, transporting, or disposing of all used oil, and identification of the off-site used oil facilities to be used, if applicable.

([4]iv) A detailed description of the steps needed to remove or decontaminate all used oil and used oil residues and contaminated containment system components, equipment, structures, and soils during partial or[and] final cleanup and closure, including procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy closure. This description shall address the management and disposal of all residues resulting from the decontamination activity, including, but not limited to, rinse waters, rags, personal protective equipment, small hand implements, vehicles, and mechanized equipment.

([5]v) A detailed description of other activities necessary during the cleanup and closure period to ensure that all partial closures [and final closure]shall satisfy the final cleanup and closure [standards]plan.

([6]vi) A cleanup and closure cost estimate and a mechanism for [reclamation surety]financial responsibility to cover the cost of cleanup and closure.

(vii) State of Utah and Federal government used oil permittees are exempt from the requirements of Subsection R315-15-11(b)(1)(vi).

(2) The owner or operator shall update its cleanup and closure plan cost estimate and provide the updated estimate to the Executive Secretary, in writing, within 60 days following a facility modification that causes an increase in the amount of the financial responsibility required under Section R315-15-10. Within 30 days of the Executive Secretary's approval of a permit modification for the cleanup and closure plan that would result in an increased cost estimate, the owner or operator shall provide to the Executive Secretary:

(i) evidence that the financial assurance mechanism amount or value includes the cleanup and closure cost estimate increase; or

(ii) other mechanisms covering the increased closure plan cost estimate and a summary document indicating the multiple financial mechanisms, by mechanism name, account number, and the amounts to satisfy Sections R315-15-10 and 11.

(c) The owner or operator shall update the cleanup and closure cost estimate to adjust for inflation and include the updated estimate in the permitted facility's annual report due by March 1^st of each year, using either:

(1) the multiplier formed from the gross domestic product implicit price deflator ratio of the current calendar year to the past calendar year as published by the federal government Bureau of Economic Analysis; or

(2) new cleanup and closure cost estimate from the recalculation of the cleanup and closure plan costs to account for all changes in scope and nature of the facility or facilities, in current dollars.

11.3 TIME ALLOWED TO INITIATE [FOR ]CLOSURE

(a) The owner or operator shall initiate closure in accordance with the approved cleanup and closure plan and notify the Executive Secretary of this fact:

(1) Within 90 days after the owner or operator receives[receiving] the final volume of used oil[,the owner or operator of a used oil transfer, off-specification burning, or processing/re-refining facility shall begin implementing the facility's approved closure plan.]; or

(2) The Executive Secretary revokes the facility's used oil permit.

(b) During the cleanup and closure period or at any other time, if the Executive Secretary determines that the owner or operator has failed to comply with Rule R315-15, the Executive Secretary may, after 30 days, on written notice to the owner or operator, draw upon the financial mechanism associated with the cleanup and closure plan for the facility or facilities covered by the financial responsibility requirements of Section R315-15-10.

11.4 CERTIFICATION OF CLOSURE

(a) Within 60 days of completion of cleanup and closure, the owner or operator of a permitted used oil [transfer, off-specification burning, or processing/re-refining ]facility shall submit to the Executive Secretary, by registered mail, a certification that the used oil facility has been cleaned and closed in accordance with the specifications in the approved cleanup and closure plan. The certification shall be signed by the owner or operator and by an independent, Utah-registered professional engineer.

(b) The Executive Secretary shall make the determination of whether cleanup and closure has been completed according to the cleanup and closure plan and Rule R315-15.

 

KEY: hazardous waste, used oil[*]

Date of Enactment or Last Substantive Amendment: [June 17, 1998]2008

Notice of Continuation: October 4, 2007

Authorizing, and Implemented or Interpreted Law: 19-6-704