DAR File No. 30567
This filing was published in the 11/01/2007, issue, Vol. 2007, No. 21, of the Utah State Bulletin.
Environmental Quality, Environmental Response and Remediation
R311-401-2
Utah Hazardous Substances Priority List
NOTICE OF PROPOSED RULE
DAR File No.: 30567
Filed: 10/09/2007, 04:01
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to comply with Section 19-6-311.
Summary of the rule or change:
The Five Points PCE Plume site is being added to the hazardous substances priority list. In addition, several sites included in the proposed national priority list sites section of the hazardous substances priority list are being moved to the national priority list sites section. (DAR NOTE: PCE stands for tetrachlorosethylene.)
State statutory or constitutional authorization for this rule:
Section 19-6-311
Anticipated cost or savings to:
the state budget:
The addition of the Five Points PCE Plume site to the hazardous substances priority list allows the state to partner with Environmental Protection Agency (EPA) to address the conditions of the site by spending hazardous substance mitigation fund monies as appropriated and to use the authority granted by the Hazardous Substance Mitigation Act. Addressing the contamination may spur economic development. However, at this time sufficient information is not available to specify whether there would be an aggregate cost or savings or the amount to the state budget.
local governments:
The addition of the Five Points PCE Plume site to the hazardous substances priority list allows the state to partner with EPA to address the conditions of the site by spending hazardous substance mitigation fund monies as appropriated and to use the authority granted by the Hazardous Substance Mitigation Act. Addressing the contamination may spur economic development. However, at this time sufficient information is not available to specify whether there would be an aggregate cost or savings or the amount to the local government.
small businesses and persons other than businesses:
The addition of the Five Points PCE Plume site to the hazardous substances priority list allows the State to partner with EPA to address the conditions of the site by spending hazardous substance mitigation fund monies as appropriated and to use the authority granted by the Hazardous Substance Mitigation Act. Addressing the contamination may spur economic development. However, at this time sufficient information is not available to specify whether there would be an aggregate cost or savings or the amount to small business and persons other than businesses.
Compliance costs for affected persons:
The potential compliance cost for affected persons is not known. The EPA and the state may take steps to recover their costs from the responsible parties as allowed by law.
Comments by the department head on the fiscal impact the rule may have on businesses:
Adding the Five Points PCE Plume site and eventually addressing the contamination may spur economic development by cleaning up the contamination or managing the risk so that some of the uncertainty of development is removed. However, at this time sufficient information is not available to identify the fiscal impact the amendment may have on businesses. Removing the sites identified above from the potential national priority list sites section and adding them to the national priority list sites section is not expected to have any fiscal impact on businesses because the amendment is merely a reflection of action already taken by EPA. Richard W. Sprott, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental QualityEnvironmental Response and Remediation
168 N 1950 W
SALT LAKE CITY UT 84116-3085
Direct questions regarding this rule to:
Sandra K. Allen at the above address, by phone at 801-536-4122, by FAX at 801-359-8853, or by Internet E-mail at SKALLEN@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:
12/03/2007
This rule may become effective on:
12/10/2007
Authorized by:
Richard W. Sprott, Executive Director
RULE TEXT
R311. Environmental Quality, Environmental Response and Remediation.
R311-401. Utah Hazardous Substances Priority List.
R311-401-1. Definitions.
The definitions in Section 19-6-302 are adopted and incorporated by reference as part of this rule.
R311-401-2. Hazardous Substances Priority List.
Pursuant to Section 19-6-311 of the Utah Hazardous Substances Mitigation Fund Act the hazardous substances priority list is hereby established as presented below. The listed sites are eligible to be addressed under the authority of Section 19-6-311 et seq. U.C.A. 1953 as amended.
(a) National Priority List Sites. The Federal Register publication dates are indicated below.
TABLE
SITE SITE NAME FEDERAL REGISTER
NUMBER PUBLICATION DATE
1 Hill Air Force Base July 22, 1987
2 Monticello Vicinity Properties June 10, 1986
3 Ogden Defense Depot July 22, 1987
4 Portland Cement Sites 2 and 3 June 10, 1986
5 Rose Park Sludge Pit September 8, 1983
6 Utah Power and Light, October 4, 1989
American Barrel
7 Sharon Steel August 30, 1990
8 Tooele Army Depot, North August 30, 1990
9 Monticello Mill Site November 21, 1989
10 Midvale Slag February 11, 1991
11 Wasatch Chemical, Lot 6 February 11, 1991
12 Petrochem Recycling Corp./ October 14, 1992
Ekotek Plant
13 Jacobs Smelter February 4, 2000
14 Intermountain Waste Oil Refinery May 11,2000
15 International Smelting and
Refining July 27, 2000
16 Bountiful/Woods Cross 5th South
PCE Plume September 13, 2001
17 Davenport and Flagstaff
Smelters April 30, 2003
18 Eureka Mills September 5, 2002
19 Five Points PCE Plume September 19, 2007
(b) Proposed National Priority List Sites. The Federal Register publication dates are indicated below.
TABLE
SITE SITE NAME FEDERAL REGISTER
NUMBER PUBLICATION DATE
1 Richardson Flat Tailings February 7, 1992
2 Murray Smelter January 18, 1994
[3 Davenport and Flagstaff]
Smelters December 1, 2000
4 Eureka Mills February 7, 2001
(c) Scored Sites
Reserved.
KEY: hazardous substances, hazardous substances priority list
Date of Enactment or Last Substantive Amendment: [October 1, 2002]2007
Notice of Continuation: July 19, 2007
Authorizing, and Implemented or Interpreted Law: 19-6-311
ADDITIONAL INFORMATION
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For questions regarding the content or application of this rule, please contact Sandra K. Allen at the above address, by phone at 801-536-4122, by FAX at 801-359-8853, or by Internet E-mail at SKALLEN@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.
Last modified: 10/29/2007 3:02 PM