Utah Admin. Code R315-264-1 - General - Purpose, Scope and Applicability
(a) The purpose of Rule R315-264 is to
establish minimum standards that define the acceptable management of hazardous
waste .
(b) The standards in Rule
R315-264 apply to each owner and operator of facilities that treat, store, or
dispose of hazardous waste , except as specifically provided otherwise in Rule
R315-264 or R315-261.
(c)
Reserved.
(d) The requirements of
Rule R315-264 apply to a person disposing of hazardous waste by underground
injection subject to a permit issued under an Underground Injection Control
(UIC) program approved or promulgated under the Safe Drinking Water Act only to
the extent they are required by
40 CFR
144.14. Rule R315-264 applies to the
aboveground treatment or storage of hazardous waste before it is injected
underground.
(e) The requirements
of Rule R315-264 apply to each owner or operator of a POTW that treats, stores,
or disposes of hazardous waste only to the extent they are included in a RCRA
permit by rule granted to such a person under Rule R315-270.
(f) Reserved.
(g) The requirements of Rule R315-264 do not
apply to the Subsections
R315-264-1(g)(1)
through R315-264-1(g)(13):
(1) The owner or operator of a facility
permitted under Rules R315-301 through R315-320 to manage municipal or
industrial solid waste , if the only hazardous waste the facility treats,
stores, or disposes of is excluded from regulation under Rule R315-264 by
Section R315-262-14.
(2) The owner or operator of a facility
managing recyclable materials described in Subsections
R315-261-6(a)(2),
R315-261-6(a)(3),
and R315-261-6(a)(4),
except to the extent they are referred to in Rule R315-15 or Sections
R315-266-20 through
R315-266-23,
R315-266-70,
R315-266-80, or
R315-266-100 through
R315-266-112.
(3) A generator accumulating waste on site in
compliance with Sections
R315-262-14,
R315-262-15,
R315-262-16, or
R315-262-17 or Sections
R315-262-200 through
R315-262-216 or Sections
R315-262-230 through
R315-262-233.
(4) A farmer disposing of waste pesticides
from the farmer's own use in compliance with Section
R315-262-70.
(5) The owner or operator of a totally
enclosed treatment facility , as defined in Section
R315-260-10.
(6) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit as defined in Section
R315-260-10, shall comply with
the requirements set out in Subsection
R315-264-17(b)
if the owner or operator is diluting hazardous ignitable (D001) wastes, other
than the D001 High TOC Subcategory defined in Section
R315-268-40, or reactive (D003)
waste , to remove the characteristic before land disposal.
(7) Reserved.
(8)
(i)
Except as provided in Subsection
R315-264-1(g)(8)(ii),
a person engaged in treatment or containment activities during immediate
response to any of the situations in Subsections
R315-264-1(g)(8)(i)
through R315-264-1(g)(8)(iv):
(A) a discharge of a hazardous
waste ;
(B) an imminent and
substantial threat of a discharge of hazardous waste ; or
(C) a discharge of a material that, if
discharged, becomes a hazardous waste .
(ii) An owner or operator of a facility
otherwise regulated by Rule R315-264 shall comply with the applicable
requirements of Sections
R315-264-30 through
R315-264-35,
R315-264-37, and
R315-264-50 through
R315-264-56.
(iii) Any person who is covered by Subsection
R315-264-1(g)(8)(i)
and who continues or initiates hazardous waste treatment or containment
activities after the immediate response is over is subject to the applicable
requirements of Rule R315-264 and 40 CFR 122 and 123 and Rule R315-124 for
those activities.
(iv) In the case
of an explosives or munitions emergency response, if a federal, state, tribal
or local official acting within the scope of their official responsibilities,
or an explosives or munitions emergency response specialist, determines that
immediate removal of the material or waste is necessary to protect human health
or the environment, that official or specialist may authorize the removal of
the material or waste by transporters who do not have EPA identification
numbers and without the preparation of a manifest. In the case of emergencies
involving military munitions, the responding military emergency response
specialist's organizational unit shall keep records for three years identifying
the dates of the response, the responsible persons responding, the type and
description of material addressed, and its disposition.
(9) A transporter storing manifested
shipments of hazardous waste in containers meeting the requirements of Section
R315-262-30 at a transfer
facility for a period of ten days or less.
(10) The addition of absorbent material to
waste in a container, as defined in Section
R315-260-10, or the addition of
waste to absorbent material in a container, if these actions occur when waste
is first placed in the container, and Subsection
R315-264-17(b)
and Sections R315-264-171 and
R315-264-172 are complied
with.
(11) Universal waste handlers
and universal waste transporters, as defined in Section
R315-260-10, handling the wastes
listed in Subsections
R315-264-1(g)(11)(i)
through R315-264-1(g)(11)(vi).
These handlers are subject to regulation under Rule R315-273, if handling the
universal wastes listed in Subsections
R315-264-1(g)(11)(i)
through R315-264-1(g)(11)(vi):
(i) batteries as described in Section
R315-273-2;
(ii) pesticides as described in Section
R315-273-3;
(iii) mercury containing equipment as
described in Section R315-273-4;
(iv) lamps as described in Section
R315-273-5;
(v) aerosol cans as described in Section
R315-272-6; and
(vi) antifreeze as
described in Section R315-273-7.
(12) Reserved.
(13) Reverse distributors accumulating
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals, as defined in Section
R315-266-500. Reverse
distributors are subject to regulation under Sections
R315-266-500 through
R315-266-510 in lieu of Rule
R315-264 for the accumulation of potentially creditable hazardous waste
pharmaceuticals and evaluated hazardous waste pharmaceuticals.
(h) The requirements of Rule
R315-264 apply to each owner or operator of facilities that treat, store, or
dispose of hazardous wastes referred to in Rule R315-268.
(i) Reserved.
(j) The requirements of Sections
R315-264-10 through
R315-264-19,
R315-264-30 through
R315-264-37,
R315-264-50 through
R315-264-56, and
R315-264-101 do not apply to
remediation waste management sites. However, remediation waste management sites
may be a part of a facility that is subject to a traditional hazardous waste
permit because the facility is also treating, storing, or disposing of
hazardous wastes that are not remediation wastes. In these cases, Sections
R315-264-10 through
R315-264-19,
R315-264-30 through
R315-264-37,
R315-264-50 through
R315-264-56, and
R315-264-101 do apply to the
facility subject to the traditional hazardous waste permit . Instead of the
requirements of Sections
R315-264-10 through
R315-264-19,
R315-264-30 through
R315-264-37, and
R315-264-50 through
R315-264-56, owners or operators
of remediation waste management sites shall comply with Subsections
R315-264-1(j)(1)
through R315-264-1(j)(13):
(1) Get an EPA identification number by
applying to the director using EPA Form 8700-12.
(2) Get a detailed chemical and physical
analysis of a representative sample of the hazardous remediation wastes to be
managed at the site. At a minimum, the analysis shall contain the information
that shall be known to treat, store or dispose of the waste according to Rules
R315-264 and R315-268, and shall be kept accurate and up to date.
(3) Prevent people who are unaware of the
danger from entering, and minimize the possibility for unauthorized people or
livestock to enter onto the active portion of the remediation waste management
site, unless the owner or operator can demonstrate to the director that:
(i) physical contact with the waste ,
structures, or equipment within the active portion of the remediation waste
management site may not injure people or livestock who may enter the active
portion of the remediation waste management site; and
(ii) disturbance of the waste or equipment by
people or livestock who enter onto the active portion of the remediation waste
management site, may not cause a violation of the requirements of Rule
R315-264.
(4) Inspect
the remediation waste management site for malfunctions, deterioration, operator
errors, and discharges that may be causing, or may lead to, a release of
hazardous waste constituents to the environment, or a threat to human health.
The owner or operator shall conduct these inspections often enough to identify
problems in time to correct them before they harm human health or the
environment and shall remedy the problem before it leads to a human health or
environmental hazard. If a hazard is imminent or has already occurred, the
owner or operator shall take remedial action immediately.
(5) Provide personnel with classroom or
on-the-job training on how to perform their duties in a way that ensures the
remediation waste management site complies with the requirements of Rule
R315-264, and on how to respond effectively to emergencies.
(6) Take precautions to prevent accidental
ignition or reaction of ignitable or reactive waste and prevent threats to
human health and the environment from ignitable, reactive and incompatible
waste .
(7) For remediation waste
management sites subject to regulation under Sections
R315-264-170 through
R315-264-179,
R315-264-190 through
R315-264-200,
R315-264-220 through
R315-264-232,
R315-264-250 through
R315-264-259,
R315-264-270 through
R315-264-283,
R315-264-300 through
R315-264-317,
R315-264-340 through
R315-264-351, and
R315-264-600 through
R315-264-603, the owner or
operator shall design, construct, operate, and maintain a unit within a
100-year floodplain to prevent washout of any hazardous waste by a 100-year
flood, unless the owner or operator can meet the demonstration of Subsection
R315-264-18(b).
(8) Not place any non-containerized or bulk
liquid hazardous waste in any salt dome formation, salt bed formation,
underground mine or cave.
(9)
Develop and maintain a construction quality assurance program for each surface
impoundment, waste pile and landfill unit that are required to comply with
Subsections R315-264-221(c)
and R315-264-221(d),
R315-264-251(c)
and R315-264-251(d),
and R315-264-301(c)
and R315-264-301(d)
at the remediation waste management site, according to the requirements of
Section R315-264-19.
(10) Develop and maintain procedures to
prevent accidents and a contingency and emergency plan to control accidents
that occur. These procedures shall address proper design, construction ,
maintenance, and operation of remediation waste management units at the site.
The goal of the plan shall be to minimize the possibility of, and the hazards
from a fire, explosion, or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil, or surface water
that could threaten human health or the environment. The plan shall explain
specifically how to treat, store and dispose of the hazardous remediation waste
in question, and shall be implemented immediately if a fire, explosion, or
release of hazardous waste or hazardous waste constituents could threaten human
health or the environment.
(11)
Designate at least one employee, either on the facility premises or on call,
that is, available to respond to an emergency by reaching the facility quickly,
to coordinate emergency response measures. This emergency coordinator shall be
thoroughly familiar with the facility 's contingency plan, operations and
activities at the facility , the location and characteristics of waste handled,
the location of the records within the facility , and the facility layout. In
addition, this person shall have the authority to commit the resources needed
to carry out the contingency plan.
(12) Develop, maintain, and implement a plan
to meet the requirements in Subsections
R315-264-1(j)(2)
through R315-264-1(j)(6)
and R315-264-1(j)(9)
through R315-264-1(j)(10).
(13) Maintain records documenting compliance
with Subsections R315-264-1(j)(1)
through R315-264-1(j)(12).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) The purpose of Rule R315-264 is to establish minimum standards that define the acceptable management of hazardous waste .
(b) The standards in Rule R315-264 apply to each owner and operator of facilities that treat, store, or dispose of hazardous waste , except as specifically provided otherwise in Rules R315-264 or R315-261
(c) Reserved
(d) The requirements of Rule R315-264 apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an Underground Injection Control (UIC) program approved or promulgated under the Safe Drinking Water Act only to the extent they are required by 40 CFR 144.14. Rule R315-264 applies to the above-ground treatment or storage of hazardous waste before it is injected underground.
(e) The requirements of Rule R315-264 apply to each owner or operator of a POTW that treats, stores, or disposes of hazardous waste only to the extent they are included in a RCRA permit by rule granted to such a person under Rule R315-270.
(f) Reserved
(g) The requirements of Rule R315-264 do not apply to the following:
(1) The owner or operator of a facility permitted under Rules R315-301 through R315-320 to manage municipal or industrial solid waste , if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under Rule R315-264 by Section R315-262-14.
(2) The owner or operator of a facility managing recyclable materials described in Subsections R315-261-6(a)(2), R315-261-6(a)(3), and R315-261-6(a)(4), except to the extent they are referred to in Rule R315-15 or Sections R315-266-20 through R315-266-23, R315-266-70, R315-266-80, or R315-266-100 through R315-266-112.
(3) A generator accumulating waste on site in compliance with Sections R315-262-14, R315-262-15, R315-262-16, or R315-262-17.
(4) A farmer disposing of waste pesticides from the farmer's own use in compliance with Section R315-262-70.
(5) The owner or operator of a totally enclosed treatment facility , as defined in Section R315-260-10.
(6) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in Section R315-260-10, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes, other than the D001 High TOC Subcategory defined in Section R315-268-40, or reactive (D003) waste , to remove the characteristic before land disposal, the owner or operator shall comply with the requirements set out in Subsection R315-264-17(b).
(7) Reserved.
(8)
(i) Except as provided in Subsection R315-264-1(g)(8)(ii), a person engaged in treatment or containment activities during immediate response to any of the following situations:
(A) a discharge of a hazardous waste ;
(B) an imminent and substantial threat of a discharge of hazardous waste ; or
(C) a discharge of a material that, if discharged, becomes a hazardous waste .
(ii) An owner or operator of a facility otherwise regulated by Rule R315-264 shall comply with the applicable requirements of Sections R315-264-30 through R315-264-35, R315-264-37, and R315-264-50 through R315-264-56.
(iii) Any person who is covered by Subsection R315-264-1(g)(8)(i) and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to the applicable requirements of Rule R315-264 and 40 CFR 122 and 123 and Rule R315-124 for those activities.
(iv) In the case of an explosives or munitions emergency response, if a Federal, State, Tribal or local official acting within the scope of their official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit shall retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.
(9) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of Section R315-262-30 at a transfer facility for a period of ten days or less.
(10) The addition of absorbent material to waste in a container, as defined in Section R315-260-10, or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and Subsections R315-264-17(b) and Sections R315-264-171 and R315-264-172 are complied with.
(11) Universal waste handlers and universal waste transporters, as defined in Section R315-260-10, handling the wastes listed in Subsections R315-264-1(g)(11)(i) through (vi). These handlers are subject to regulation under Rule R315-273, if handling the following universal wastes:
(i) batteries as described in Section R315-273-2;
(ii) pesticides as described in Section R315-273-3;
(iii) mercury-containing equipment as described in Section R315-273-4;
(iv) lamps as described in Section R315-273-5;
(v) aerosol cans as described in Section R315-272-6; and
(vi) antifreeze as described in Section R315-273-7.
(12) Reserved.
(13) Reverse distributors accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in Section R315-266-500. Reverse distributors are subject to regulation under Sections R315-266-500 through R315-266-510 in lieu of Rule R315-264 for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.
(h) The requirements of Rule R315-264 apply to each owner or operator of facilities that treat, store, or dispose of hazardous wastes referred to in Rule R315-268.
(i) Reserved.
(j) The requirements of Sections R315-264-10 through R315-264-19, R315-264-30 through R315-264-37, R315-264-50 through R315-264-56, and R315-264-101 do not apply to remediation waste management sites. However, some remediation waste management sites may be a part of a facility that is subject to a traditional hazardous waste permit because the facility is also treating, storing, or disposing of hazardous wastes that are not remediation wastes. In these cases, Sections R315-264-10 through R315-264-19, R315-264-30 through R315-264-37, R315-264-50 through R315-264-56, and R315-264-101 do apply to the facility subject to the traditional hazardous waste permit . Instead of the requirements of Sections R315-264-10 through R315-264-19, R315-264-30 through R315-264-37, and R315-264-50 through R315-264-56, owners or operators of remediation waste management sites shall do the following:
(1) Obtain an EPA identification number by applying to the Director using EPA Form 8700-12.
(2) Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis shall contain the information which shall be known to treat, store or dispose of the waste according to Rules R315-264 and R315-268, and shall be kept accurate and up to date.
(3) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the Director that:
(i) physical contact with the waste , structures, or equipment within the active portion of the remediation waste management site shall not injure people or livestock who may enter the active portion of the remediation waste management site; and
(ii) disturbance of the waste or equipment by people or livestock who enter onto the active portion of the remediation waste management site, shall not cause a violation of the requirements of Rule R315-264.
(4) Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment and shall remedy the problem before it leads to a human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner or operator shall take remedial action immediately.
(5) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of Rule R315-264, and on how to respond effectively to emergencies.
(6) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste and prevent threats to human health and the environment from ignitable, reactive and incompatible waste .
(7) For remediation waste management sites subject to regulation under Sections R315-264-170 through R315-264-179, R315-264-190 through R315-264-200, R315-264-220 through R315-264-232, R315-264-250 through R315-264-259, R315-264-270 through R315-264-283, R315-264-300 through R315-264-317, R315-264-340 through R315-264-351, and R315-264-600 through R315-264-603, the owner or operator shall design, construct, operate, and maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste by a 100-year flood, unless the owner or operator can meet the demonstration of Subsection R315-264-18(b).
(8) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave.
(9) Develop and maintain a construction quality assurance program for each surface impoundment, waste pile and landfill unit that are required to comply with Subsections R315-264-221(c) and R315-264-221(d), R315-264-251(c) and R315-264-251(d), and R315-264-301(c) and R315-264-301(d) at the remediation waste management site, according to the requirements of Section R315-264-19.
(10) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures shall address proper design, construction , maintenance, and operation of remediation waste management units at the site. The goal of the plan shall be to minimize the possibility of, and the hazards from a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment. The plan shall explain specifically how to treat, store and dispose of the hazardous remediation waste in question, and shall be implemented immediately whenever a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
(11) Designate at least one employee, either on the facility premises or on call, that is, available to respond to an emergency by reaching the facility quickly, to coordinate emergency response measures. This emergency coordinator shall be thoroughly familiar with the facility 's contingency plan, operations and activities at the facility , the location and characteristics of waste handled, the location of the records within the facility , and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
(12) Develop, maintain, and implement a plan to meet the requirements in Subsections R315-264-1(j)(2) through R315-264-1(j)(6) and R315-264-1(j)(9) through R315-264-1(j)(10).
(13) Maintain records documenting compliance with Subsections R315-264-1(j)(1) through R315-264-1(j)(12).