No. 35036 (5-year Review): Rule R315-1. Utah Hazardous Waste Definitions and References  

  • DAR File No.: 35036
    Filed: 07/13/2011 01:58:56 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 19-6-104 requires the Solid and Hazardous Waste Control Board to meet the appropriate requirements associated with assuming primacy of the hazardous waste program from the federal government (U.S. Environmental Protection Agency (EPA)). Also, Section 19-6-105 allows the Board to set minimum standards for the protection of human health and the environment, for the storage, collection, transport, recovery, treatment, and disposal of hazardous waste. Section 3006 of the federal Resource Conservation and Recovery Act (RCRA) allows a state to receive primacy and requires that authorized state programs be "equivalent" to the federal program. Therefore, rules adopted by the Board are to be equivalent to the corresponding federal hazardous waste regulations in order to receive primacy from EPA.

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

    No comments were received.

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

    This rule is necessary for Utah to maintain its equivalency with EPA regulations for program authorization (primacy) and to provide definitions for terms used in the hazardous waste rules. EPA authorization allows the DSHW to administer the hazardous waste program in lieu of EPA as allowed by Section 3006 of RCRA (42 USC 6926). Therefore, this rule should be continued.

    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
    195 N 1950 W
    SALT LAKE CITY, UT 84116-3097

    Direct questions regarding this rule to:

    Authorized by:

    Scott Anderson, Director

    Effective:

    07/13/2011


Document Information

Effective Date:
7/13/2011
Publication Date:
08/01/2011
Filed Date:
07/13/2011
Agencies:
Environmental Quality,Solid and Hazardous Waste
Authorized By:
Scott Anderson, Director
DAR File No.:
35036
Related Chapter/Rule NO.: (1)
R315-1. Utah Hazardous Waste Definitions and References.