Utah Admin. Code R315-262-11 - General - Hazardous Waste Determination and Recordkeeping
A person who generates a solid waste, as defined in Section R315-261-2, shall make an accurate determination as to whether that waste is a hazardous waste to ensure wastes are properly managed according to applicable rules. A hazardous waste determination is made using the following steps:
(a) The hazardous waste determination for
each solid waste shall be made at the point of waste generation, before any
dilution, mixing, or other alteration of the waste occurs, and at any time in
the course of its management that it has, or may have, changed its properties
as a result of exposure to the environment or other factors that may change the
properties of the waste so that the hazardous classification of the waste may
change.
(b) A person shall
determine whether the solid waste is excluded from regulation under Section
R315-261-4.
(c) If the waste is not excluded under
Section R315-261-4, the person shall
then use knowledge of the waste to determine whether the waste meets any of the
listing descriptions under Sections
R315-261-30 through
R315-261-35. Acceptable
knowledge that may be used in making an accurate determination as to whether
the waste is listed may include waste origin, composition, the process
producing the waste, feedstock, and other reliable and relevant information. If
the waste is listed, the person may file a delisting petition under Sections
R315-260-20 and
R315-260-22 to demonstrate to
the director that the waste from this particular site or operation is not a
hazardous waste.
(d) The person
then shall also determine whether the waste exhibits one or more hazardous
characteristics as identified in Sections
R315-261-20 through
R315-261-24 by following the
procedures in Subsection
R315-262-11(d)(1)
or R315-262-11(d)(2),
or a combination of both.
(1) The person
shall apply knowledge of the hazard characteristic of the waste in light of the
materials or the processes used to generate the waste. Acceptable knowledge may
include process knowledge, for example, information about chemical feedstocks
and other inputs to the production process; knowledge of products, by-products,
and intermediates produced by the manufacturing process; chemical or physical
characterization of wastes; information on the chemical and physical properties
of the chemicals used or produced by the process or otherwise contained in the
waste; testing that illustrates the properties of the waste; or other reliable
and relevant information about the properties of the waste or its constituents.
A test other than a test method set forth in Sections
R315-261-20 through
R315-261-24, or an equivalent
test method approved by the director under Section
R315-260-21, may be used as part
of a person's knowledge to determine whether a solid waste exhibits a
characteristic of hazardous waste. However, the tests do not, by themselves,
provide definitive results. Persons testing their waste shall get a
representative sample of the waste for the testing, as defined at Section
R315-260-10.
(2) If available knowledge is inadequate to
make an accurate determination, the person shall test the waste according to
the applicable methods set forth in Sections
R315-261-20 through
R315-261-24 or according to an
equivalent method approved by the director under Section
R315-260-21 and in accordance
with the following:
(i) Persons testing their
waste shall get a representative sample of the waste for the testing, as
defined at Section R315-260-10.
(ii) If a test method is specified in
Sections R315-261-20 through
R315-261-24, the results of the
regulatory test, if properly performed, are definitive for determining the
regulatory status of the waste.
(e) If the waste is determined to be
hazardous, the generator shall refer to Rules R315-261, R315-264, R315-265,
R315-266, R315-268, and R315-273 for other possible exclusions or restrictions
pertaining to management of the specific waste.
(f) Recordkeeping for small and large
quantity generators. A small or large quantity generator shall maintain records
supporting its hazardous waste determinations, including records that identify
whether a solid waste is a hazardous waste, as defined by Section
R315-261-3. Records shall be
maintained for at least three years from the date that the waste was last sent
to on-site or off-site treatment, storage, or disposal. These records shall
comprise the generator's knowledge of the waste and support the generator's
determination, as described at Subsections
R315-262-11(c)
and R315-262-11(d).
The records shall include the following types of information:
(1) the results of any tests, sampling, waste
analyses, or other determinations made in accordance with Section
R315-262-11;
(2) records documenting the tests, sampling,
and analytical methods used to demonstrate the validity and relevance of the
tests;
(3) records consulted to
determine the process that generated the waste, the composition of the waste,
and the properties of the waste; and
(4) records that explain the knowledge basis
for the generator's determination, as described at Subsection
R315-262-11(d)(1).
The periods of record retention referred to in Subsection
R315-262-11(f)
are extended automatically during any unresolved enforcement action regarding
the regulated activity or as requested by the director.
(g) Identifying hazardous waste numbers for
small and large quantity generators. If the waste is determined to be
hazardous, small quantity generators and large quantity generators shall
identify any applicable EPA hazardous waste numbers, EPA hazardous waste codes,
in Sections R315-261-20 through
R315-261-24 and
R315-261-30 through
R315-261-35. Before shipping the
waste off site, the generator also shall mark its containers with any
applicable EPA hazardous waste numbers, EPA hazardous waste codes, according to
Section R315-262-32.
Notes
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