No. 35045 (5-year Review): Rule R315-9. Emergency Controls

DAR File No.: 35045
Filed: 07/13/2011 02:10:54 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:

The rule is necessary because it requires anyone who spills a certain quantity of hazardous waste or material which when spilled, becomes hazardous waste, to report the spill to the proper authorities. The rule also requires that any size spill be remediated. This rule is easier to implement than the federal requirement for spill reporting. The rule also includes specific wastes that are not covered by the federal rules such as P999, F999, nerve, military, and chemical agents. EPA authorization allows the DSHW to administer the hazardous 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:

• Susan Toronto at the above address, by phone at 801-536-0233, by FAX at 801-536-0222, or by Internet E-mail at [e-mail]

Authorized by:

Scott Anderson, Director

Effective:

07/13/2011

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