No. 40309 (Amendment): Section R315-262-10. Purpose, Scope, and Applicability

(Amendment)

DAR File No.: 40309
Filed: 04/14/2016 02:15:47 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to correct omissions in the rule as originally adopted. (DAR NOTE: The proposed new Rule R315-262 was published under DAR No. 40109 in the February 1, 2016, issue of the Bulletin and was made effective on 04/15/2016.)

Summary of the rule or change:

This amendment changes language that was omitted from Section R315-262-10 when it was adopted.

State statutory or constitutional authorization for this rule:

• Section 19-6-106
• Section 19-6-105

Anticipated cost or savings to:

the state budget:

The rule changes will have no affect on the administration of the rule and will have no cost to the state.

local governments:

The rule changes will have no affect on the administration of the rule and will have no cost or savings to local government.

small businesses:

The rule changes will have no affect on the administration of the rule and will have no cost or savings to small business.

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

The rule changes will have no affect on the administration of the rule and will have no cost or savings to other persons.

Compliance costs for affected persons:

The rule changes will not affect the administration of the rule and will not have any cost to affected persons.

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

The rule changes will not affect the administration of the rule and will not have any cost or savings to business.

Alan Matheson, 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
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]

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:

05/31/2016

This rule may become effective on:

06/07/2016

Authorized by:

Scott Anderson, Director

RULE TEXT

R315. Environmental Quality, Waste Management and Radiation Control, Waste Management.

R315-262. Hazardous Waste Generator Requirements.

R315-262-10. Purpose, Scope, and Applicability.

(a) Rule R315-262 establish standards for generators of hazardous waste.

(b) Subsections R315-261-5(c) and (d) shall be used to determine the applicability of provisions of Rule R315-262 that are dependent on calculations of the quantity of hazardous waste generated per month.

(c) A generator who treats, stores, or disposes of hazardous waste on-site shall only comply with the following Subsections of Rule R315-262 with respect to that waste: Subsection R315-262-11 for determining whether or not he has a hazardous waste, Subsection R315-262-12 for obtaining an EPA identification number, Subsection R315-262-34 for accumulation of hazardous waste, Subsection R315-262-40[ ](c) and (d) for recordkeeping, Subsection R315-262-43 for additional reporting, and if applicable, Subsection R315-262-70 for farmers.

(d) Any person who exports or imports wastes that are considered hazardous under U.S. national procedures to or from the countries listed in Subsection R315-262[.]-58(a)(1) for recovery shall comply with Sections R315-262-80 through 89. A waste is considered hazardous under U.S. national procedures if the waste meets the definition of hazardous waste in Section R315-261-3 and is subject to either the manifesting requirements at Sections R315-262-20 through 25 and 27, the universal waste management standards of Rule R315-273, the export requirements in the spent lead-acid battery management standards of Section R315-266-80.

(e) Any person who imports hazardous waste into the United States shall comply with the standards applicable to generators established in Rule R315-262.

(f) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of Section R315-262-70 is not required to comply with other standards in Rule R315-262 or Rules R315- 270, 264, 265, or 268 with respect to such pesticides.

(g) A person who generates a hazardous waste as defined Rule R315-261 is subject to the compliance requirements and penalties prescribed in The Utah Solid and Hazardous Waste Act if he does not comply with the requirements of Rule R315-262.

(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in Rule R315-262.

Note 1: The provisions of Section R315-262-34 are applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of Section R315-262-34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.

Note 2: A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and permit requirements set forth in Rules R315-264, 265, 266, 268, and 270.

(i) Reserved

(j) Reserved

(k) Reserved

(l) The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of Sections R315-262-200 through 216 are not subject to (for purposes of Subsection R315-262-10(l), the terms "laboratory" and "eligible academic entity" shall have the meaning as defined in Section R315-262-200).:

(1) The requirements of Section R315-262-11 or Subsection R315-262-34(c), for large quantity generators and small quantity generators, except as provided in Sections R315-262-200 through 216, and

(2) The conditions of Subsection R315-261-5(b), for conditionally exempt small quantity generators, except as provided in Sections R315-262-200 through 216.

(m) Generators of lamps, as defined in Section R315-273-9, using a drum-top crusher, as defined in Section R315-273-9, shall meet the requirements of Subsection R315-273-13(d)(3), except for the registration requirement; and Subsections R315-273-13(d)(4) and (5).

Note 1: The provisions of Section R315-262-34 are applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of Section R315-262-34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.

Note 2: A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in Rules R315-264, 265, 266, 268, and 270.

 

KEY: hazardous waste, generators

Date of Enactment or Last Substantive Amendment: 2016

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

 

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