Utah Department of Administrative Services Division of Administrative Rules

Environmental Quality, Solid and Hazardous Waste

Section R315-13-1

Land Disposal Restrictions

Notice of Proposed Rule

(Amendment)

DAR File No.: 32970
Filed: 09/14/2009 02:23:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment adopts equivalent federal regulations to maintain equivalency with the U.S. Environmental Protection Agency (EPA).

Summary of the rule or change:

This rule change defers the requirements that polychlorinated biphenyls (PCBs) be considered a constituent subject to treatment (CST) when they are present in soils that exhibit the Toxicity Characteristic for metals. Generators are still required to treat contaminated soils to meet land disposal restrictions (LDR) standards for all hazardous constituents except PCBs. Generators also are required to treat PCBs if the total concentration of halogenated organic compounds in the soil equals or exceeds 1,000 parts per million.

State statutory or constitutional authorization for this rule:

• Section 19-6-106
• Section 19-6-105
• 40 CFR 271.21(e)

This rule or change incorporates by reference the following material:

• Updates: 40 CFR 268, 07/01/2001

Anticipated cost or savings to:

the state budget:

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

small businesses:

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

persons other than small businesses, businesses, or local governmental entities:

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 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 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 part of this proposed rule change.

Amanda Smith, Executive Director

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

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:

11/02/2009

This rule may become effective on:

11/15/2009

Authorized by:

Dennis Downs, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-13. Land Disposal Restrictions.

R315-13-1. Land Disposal Restrictions.

The requirements as found in 40 CFR 268, 200[0]1 ed., as amended by 65 FR 67068, November 8, 2000; 65 FR 81373, December 26, 2000; 66 FR 27266, May 16, 2001; 66 FR 58258, November 20, 2001; 67 FR 17119, April 9, 2002; 67 FR 62618, October 7, 2002; 67 FR 48393, July 24, 2002; and 70 FR 9138, February 24, 2005, are adopted and incorporated by reference including Appendices III, IV, VI, VII, VIII, IX, and XI, with the exclusion of Sections 268.5, 268.6, 268.42(b), and 268.44(a) - (g) and with the following exceptions:

(a) Substitute "Board" for all federal regulation references made to "Administrator" or "Regional Administrator" except for 40 CFR 268.40(b).

(b) All references made to "EPA Hazardous Waste Number" will include P999, and F999.

(c) Substitute Utah Code Annotated, Title 19, Chapter 6 for all references to RCRA.

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: [ December 1, 2006 ] 2009

Notice of Continuation: August 24, 2006

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