40 CFR
265.270 through
265.282,
265.300 through
265.316,
265.340 through
265.352,
265.370 through
265.383,
265.400 through
265.406,
265.430,
265.440 through
265.445,
265.1050 through
265.1064,
265.1200 through
265.1202,
265.1300 through
265.1316 and Appendices I and III
through VI of 40 CFR
265,
2015 edition, as amended by 81 FR
85827, are incorporated by reference except that "director" is substituted for
references to "Regional Administrator," and for references to "EPA" or
"Environmental Protection Agency" except for references to "EPA identification
number" and when EPA is used in reference to actions under Subsection
R315-268-42(b)
and in Subsection R315-265-71(a)(3).
(a) The purpose of Rule R315-265 is to
establish minimum standards that define the acceptable management of hazardous
waste during the period of interim status and until certification of final
closure or, if the facility is subject to post-closure requirements, until
post-closure responsibilities are fulfilled.
(b) Except as provided in Subsection
R315-265-1080(b),
the standards of Rule R315-265, and of Sections
R315-264-552,
R315-264-553, and
R315-264-554, apply to owners
and operators of facilities that treat, store or dispose of
hazardous waste who
have fully complied with the requirements for interim status under Section
3005(e) of RCRA and Section
R315-270-10 until either a
permit is issued under Rule R315-270 or until applicable Rule R315-265 closure
and post-closure responsibilities are fulfilled, and to those owners and
operators of facilities in existence on November 19, 1980 who have failed to
provide timely notification as required by Section 3010(a) of RCRA, failed to
file Part A of the
permit application as required by Subsections
R315-270-10(e)
and
R315-270-10(g),
or both. These standards apply to treatment, storage and disposal of
hazardous
waste at these facilities after the effective date of Title R315, except as
specifically provided otherwise in Rule R315-265 or Rule R315-261.
Comment: As stated in Section 3005(a) of RCRA, after the
effective date of regulations under that section, which are Rules R315-270 and
R315-124, the treatment, storage and disposal of hazardous waste is prohibited
except in accordance with a permit. Section 3005(e) of RCRA provides for the
continued operation of an existing facility that meets certain conditions,
until final administrative disposition of the owner's and operator's permit
application is made.
(c) The
requirements of Rule R315-265 do not apply to the following:
(1) A
person disposing of
hazardous waste by
ocean disposal subject to a
permit issued under the Marine Protection,
Research, and Sanctuaries
Act.
Comment: Rule R315-265 does apply to the treatment or storage
of hazardous waste before it is loaded onto an ocean vessel for incineration or
disposal at sea, as provided in Subsection
R315-265-1(b).
(2) Reserved.
(3) The owner or operator of a POTW that
treats, stores, or disposes of
hazardous waste.
Comment: The owner or operator of a facility under
Subsections R315-265-1(c)(1)
through R315-265-1(c)(3)
is subject to the requirements of Rule R315-264 to the extent they are included
in a permit by rule granted to the owner or operator under
40 CFR
122, or are required by
40 CFR
144.14.
(4) Reserved.
(5) 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 R315-265 by
Section
R315-262-14.
(8) A farmer disposing of
waste pesticides from the farmer's own use in compliance with Section
R315-262-70.
(9) The owner or operator of a totally
enclosed treatment
facility, as defined in Section
R315-260-10.
(10) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit as defined in Section
R315-260-10, except 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, Table Treatment
Standards for Hazardous Wastes, or reactive (D003)
waste, to remove the
characteristic before land disposal, the owner or operator shall comply with
the requirements set out in Subsection
R315-265-17(b).
(11)
(i)
Except as provided in Subsection
R315-265-1(c)(11)(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 a hazardous waste; or
(C) a discharge of a material that, if
discharged, becomes a hazardous waste.
(iii) Any
person who is covered by Subsection
R315-265-1(c)(11)(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 R315-265 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.
(12) 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.
(13) The addition of absorbent material to
waste in a container, as defined in Section
R315-260-10, or the addition of
waste to the absorbent material in a container if these actions occur when
waste is first placed in the containers; and Subsection
R315-265-17(b)
and Sections
R315-265-171 and
R315-265-172 are complied
with.
(14) Universal
waste handlers
and universal
waste transporters, as defined in Section
R315-260-10, handling the wastes
listed in Subsections
R315-265-1(c)(14)
(i) through (vi). These handlers are subject to regulation under Rule R315-273,
if handling the following universal wastes:
(ii) pesticides as described in Section
R315-273-3;
(iii) mercury-containing equipment as
described in Section
R315-273-4;
(v) aerosol cans as described in Subsection
R315-273-6; and
(vi) antifreeze as described in Subsection
R315-273-7.
(15) Reserved
(16) 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
R315-265 for the accumulation of potentially creditable
hazardous waste
pharmaceuticals and evaluated
hazardous waste
pharmaceuticals.
(d) The
following hazardous wastes shall not be managed at facilities subject to
regulation under Rule R315-265.
(1) EPA
Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027 unless:
(i) the wastewater treatment sludge is
generated in a surface impoundment as part of the plant's wastewater treatment
system;
(ii) the waste is stored in
tanks or containers;
(iii) the
waste is stored or treated in
waste piles that meet the requirements of
Subsection
R315-264-250(c)
as well as other applicable requirements of Sections
R315-265-250 through
R315-265-260;
(iv) the
waste is burned in incinerators that
are certified pursuant to the standards and procedures in
40 CFR
265.352, which is incorporated by reference;
or
(v) the
waste is burned in
facilities that thermally treat the
waste in a device other than an incinerator
and that are certified pursuant to the standards and procedures in
40 CFR
265.383, which is incorporated by
reference.
(e)
The requirements of Rule R315-265 apply to owners or operators of facilities
that treat, store or dispose of hazardous waste referred to in Rule R315-268,
and the Rule R315-268 standards are considered material conditions or
requirements of the Rule R315-265 interim status standards.
Notes
Utah Admin. Code R315-265-1
Adopted by
Utah
State Bulletin Number 2016-9, effective
4/15/2016
Amended by
Utah
State Bulletin Number 2017-17, effective
8/31/2017
Amended by
Utah
State Bulletin Number 2019-21, effective
10/15/2019
Amended by
Utah
State Bulletin Number 2020-8, effective
4/13/2020
Amended by
Utah
State Bulletin Number 2020-19, effective
9/14/2020
Amended by
Utah
State Bulletin Number 2021-24, effective
12/9/2021
Amended by
Utah
State Bulletin Number 2023-03, effective
1/17/2023
