No. 40260 (5-year Review): Rule R315-15. Standards for the Management of Used Oil

DAR File No.: 40260
Filed: 03/10/2016 02:44:28 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 19-6-704 instructs the Waste Management and Radiation Control Board to make rules under Title 63G, Chapter 3, "Utah Administrative Rulemaking Act", as necessary to administer this part and to comply with 40 CFR 279, "Standards for the Management of Used Oil", to ensure the state's primacy to manage used oil under 40 CFR 279. Rule R315-15 meets this requirement.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The rule was modified three times since the last five-year review. No comments were receive on two of the modifications. The third modification received comments as follows: proposed changes remove the requirement of the agency to offer a split sample of material sampled during an agency inspection; proposed changes do not define containers and tanks; comments related to the secondary containment requirements for containers and tanks for used oil storage; the burden of proof for PCB content should be placed on the used oil generator; the term "suspicious" is subjective; requests to remove the requirement for laboratories to be Utah certified from the proposed changes to Rule R315-15 or adding language that allows use for non-Utah certified laboratories as means of testing based on approval from the Director; and recommendation to change the proposed text in Subsection R315-15-18(e)(3) to read "individual Aroclors (registered trademark) shall be reported with a reporting limit of 2ppm or less."

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section 19-6-740 requires that rules be maintained that allow the state to maintain authorization from US EPA for a used oil program. The current rules meet this requirement. None of the comments received objected to the rule as a whole. The comments were on specific changes to the rule. All comments were reviewed and several suggested changes that made the rule clearer of better. Other comments were found to be inconsistent with the rule as a whole or were unnecessary and were rejected.

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

• Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at [e-mail]

Effective:

03/10/2016

Authorized by:

Scott Anderson, Director

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