DAR File No. 29087

Environmental Quality, Solid and Hazardous Waste

R315-14

Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

NOTICE OF PROPOSED RULE

DAR File No.: 29087
Filed: 09/29/2006, 10:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to adopt federal regulations to maintain equivalency with the Environmental Protection Agency (EPA) rules and retain authorization.

Summary of the rule or change:

This rule change promulgates regulations that identify when conventional and chemical military munitions become a hazardous waste. It also establishes a more consistent regulatory framework for the practice of making zinc fertilizer products from recycled hazardous secondary materials.

State statutory or constitutional authorization for this rule:

Sections 19-6-105 and 19-6-106, and 40 CFR 271.21(e)

This rule or change incorporates by reference the following material:

40 CFR 266.20 - 266.23, 2003 ed.

Anticipated cost or savings to:

the state budget:

There are no additional costs or savings for state agencies beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are a part of this proposed rule change.

local governments:

There are no additional costs or savings for local governments beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are a part of this proposed rule change.

other persons:

There are no additional costs or savings for other persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are a part of this proposed rule change.

Compliance costs for affected persons:

There are no additional costs or savings for affected persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are a part of this proposed rule change.

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

There are no additional costs or savings for businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are a part of this proposed rule change. Dianne R. Nielson, 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
Solid and Hazardous Waste
288 N 1460 W
SALT LAKE CITY UT 84116-3231

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

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:

11/15/2006

This rule may become effective on:

12/15/2006

Authorized by:

Dennis Downs, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-14. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities.

R315-14-2. Recyclable Materials Used in a Manner Constituting Disposal.

(a) The requirements regarding recyclable materials used in a manner constituting disposal of 40 CFR 266.20 to 266.23, inclusive, [1994 ed., as amended by 59 FR 43496, August 24, 1994 and 59 FR 47982, September 19, 1994]2003 ed., are adopted and incorporated by reference.

 

R315-14-8. Military Munitions.

For purposes of 19-6-102(17)(a), a used or fired military munition is a solid waste, and, therefore, is potentially subject to 19-6-105(1)(d) and 19-6-112, or imminent and substantial endangerment authorities under 19-6-115 if the munition lands off-range and is not promptly rendered safe or retrieved or both. Any imminent and substantial threats associated with any remaining material shall be addressed. If remedial action is infeasible, the operator of the range shall maintain a record of the event for as long as any threat remains. The record shall include the type of munition and its location, to the extent the location is known.

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: [September 15, 2003]2006

Notice of Continuation: August 24, 2006

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