DAR File No. 28958

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Environmental Quality, Solid and Hazardous Waste

R315-7

Interim Status Requirements for Hazardous Waste Treatment, Storage, and Disposal Facilities

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28958
Filed: 08/24/2006, 07:49
Received by: NL

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 written comments have been 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 for Utah to maintain its equivalency with EPA regulations for program authorization (primacy) and to provide interim status standards for facilities that treat, store, or dispose of hazardous wastes. EPA authorization allows the Division of Solid and Hazardous Waste to administer the hazardous program in lieu of EPA as allowed by Section 3006 of RCRA (42 USC 6926), and 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:

Direct questions regarding this rule to:

Susan Toronto at the above address, by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov

Authorized by:

Dennis Downs, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Susan Toronto at the above address, by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.

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