Utah Hazardous Waste Permit (18-UT-b)
Regulations governing the application process for a Utah Hazardous Waste Permit can be found at U.A.C. R315-3 and U.A.C. R315-4
A “hazardous waste” is “a solid waste or combination of solid wastes other than household waste which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.” See Utah. Code. Ann. § 19-6-102(10). The Utah Administrative Code (U.A.C.) further refines the term “hazardous waste” in U.A.C. R315-2. Generally speaking, a waste is hazardous under the U.A.C. if it is specifically listed in U.A.C. R315-2-10 or U.A.C. R315-2-11, or if it exhibits characteristics of a hazardous waste listed in U.A.C. R315-2-9.
Hazardous Waste Permit Process
18-UT-b.1 to 18-UT-b.2 - Will the Project Treat, Store or Dispose Hazardous Waste
As stated above, developers who treat, store or dispose of hazardous waste must apply for a hazardous waste permit. However, the rules allow “generators” of hazardous waste to store or treat small amounts of hazardous waste under certain circumstances. U.A.C. R315-5-3.34 incorporates by reference the federal regulations governing accumulation of hazardous wastes by a generator. A “generator” is any person or site whose processes and actions create hazardous waste. See the EPA Hazardous Waste Generators Website; 40 CFR 260.10.
There are three classes of generators:
- Large Quantity Generators (LQGs) generate 1,000 kilograms per month or more of hazardous waste, more than 1 kilogram per month of acutely hazardous waste, or more than 100 kilograms per month of acute spill residue or soil.
- Small Quantity Generators (SQGs) generate more than 100 kilograms, but less than 1,000 kilograms, of hazardous waste per month.
- Conditionally Exempt Small Quantity Generators (CESQGs) generate 100 kilograms or less per month of hazardous waste, or 1 kilogram or less per month of acutely hazardous waste, or less than 100 kilograms per month of acute spill residue or soil.
Generators are allowed to store a certain amount of hazardous waste on site (or in some cases, at a satellite site) for a certain period of time before a hazardous waste permit is required. The amount of hazardous waste that may be stored and for how long is based on which class of generator the developer falls under. Under some circumstances, generators may also treat waste without a permit (for example, to dilute a hazardous waste before transport).
If the developer falls under one of the exemptions listed above, no hazardous waste permit will be needed. But if the developer exceeds the hazardous waste accumulation allowances, a permit may be required.
18-UT-b.3 - Pre-Application Meeting (recommended)
During a pre-application meeting, the developer has the opportunity to confirm the criteria for the permit. The developer and DSHW may also be able to agree on a timeline for the draft permit, public notice, public comment period and issuance of final permit.
18-UT-b.4 - Hazardous Waste Permit Application Part A
According to U.A.C. R315-3-1.1(d), “[a]n application for approval of a hazardous waste permit consists of two parts, part A and part B.” Both part A and part B must be submitted 180 days prior to when construction of the new hazardous waste facility is expected to commence, and construction may not begin until the developer receives a finally effective permit. See U.A.C. R315-3-2.1(e)(1)-(2).
The following information is required in Part A of the application (this list is not exclusive):
- The activities conducted by the developer which require it to obtain a hazardous waste operation permit;
- Name, mailing address, and location of the facility for which the application is submitted;
- Up to four SIC codes which best reflect the principal products or services provided by the facility;
- The operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity;
- The name, address, and telephone number of the owner of the facility;
- Whether the facility is located on Indian lands;
- An indication of whether the facility is new or existing and whether it is a first or revised application;
- For existing facilities, (1) a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas; and (2) photographs of the facility clearly delineating all existing structures; existing treatment, storage, and disposal areas; and sites of future treatment, storage, and disposal areas;
- A description of the processes to be used for treating, storing, or disposing of hazardous waste, and the design capacity of these items; and
- A specification of the hazardous wastes or hazardous waste mixtures listed or designated under R315-2 to be treated, stored, or disposed at the facility, an estimate of the quantity of these wastes to be treated, stored, or disposed annually, and a general description of the processes to be used for these wastes.
For a complete list of the contents of part A of the permit application, see U.A.C. R315-3-2.4.
18-UT-b.5 to 18-UT-b.6 – Provide Public Notice; Hold Informational Meeting
The developer must hold an informational public meeting prior to submitting Part B of the hazardous waste permit application. During the meeting, the developer should provide information about the proposed hazardous waste activities at its facility and solicit questions from the public. The developer must provide notice of the meeting at least 30 days in advance. See U.A.C. R315-4-2.31.
18-UT-b.7 – Hazardous Waste Permit Application Part B
Once the developer has held the informational meeting, it may submit Part B of the hazardous waste permit application. There is no form for Part B, and it is typically submitted in narrative form. Part B requires, among other things:
- A general description of the facility;
- Chemical and physical analyses of the hazardous wastes and hazardous debris to be handled at the facility;
- Waste analysis plan;
- A description of security procedures and equipment;
- A copy of the general inspection schedule;
- A justification of any request for a waiver(s) of the preparedness and prevention requirements of R315-8-3; and
- A contingency plan.
For a complete description of the general information requirements of part B, see U.A.C. R315-3-2.5.
18-UT-b.8 to 18-UT-b.10 - Is the Application Complete?
DSHW reviews state RCRA applications for completeness. The application should be reviewed for completeness by the Executive Secretary in accordance with the applicable review periods of Utah. Code. Ann. § 19-6-108. If the application is complete, the DSHW notifies the developer. If it is not complete, the DSHW lists the missing information required for a complete application and sends it to the developer. Supplemental information submitted by the developer should be reviewed within 30 days of its receipt. DSHW will not begin processing a permit until the application is considered complete. If the developer refuses to correct deficiencies in the application, the permit may be denied. In addition, DSHW may request additional information after the application is complete to supplement, clarify or modify previously submitted material. See U.A.C. R315-3-2.1(c)(2).
18-UT-b.11 to 18-UT-b.14 – Does the DSHW Intend to Prepare a Draft Permit?; Draft Permit; Notice of Intent to Deny
Once the application is complete, DSHW tentatively decides whether to prepare a draft permit to deny the application. If the application is tentatively denied, DSHW must issue a notice of intent to deny the permit application and allow the public to comment on the tentative denial. Procedures for notice of denial are the same for those of a draft permit. If DSHW decides to prepare a draft permit, the following information must be included:
- All conditions under U.A.C. R315-3-3.1 and R315-3-3.3;
- all compliance schedules under U.A.C. R315-3-3.4;
- all monitoring requirements under U.A.C. R315-3-3.2; and
- Standards for treatment, storage, or disposal or all and other permit conditions under U.A.C. R315-3-3.1.
See U.A.C. R315-4-1.6.
In addition, the draft permit must include a fact sheet that briefly sets forth “the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit.” See U.A.C. R315-4-1.8.
The DSHW issues public notice of the preparation of a draft permit or intent to deny a permit and must allow at least 45 days for public comment. If a hearing is requested, public notice must be given at least 30 days before the hearing. The two notices may be combined. See U.A.C. R315-4-1.10.
18-UT-b.15 to 18-UT-b.16 - Comment on Draft Permit or Notice of Intent to Deny; Hold Hearing (if Necessary)
During the public comment period provided under U.A.C. R315-4-1.10, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing must be in writing and state the nature of the issues proposed to be raised in the hearing. The DSHW must consider all comments in making the final decision and provide answers in accordance with U.A.C. R315-4-1.17. See U.A.C. R315-4-1.11-1.12.
Typically public hearings will be scheduled for any permit the DSHW finds to be of significant public interest regardless of requests from the public.
18-UT-b.17 to 18-UT-b.19 – Has a Notice of Intent to Deny Been Issued?; Does the DSHW Withdraw the Notice of Intent to Deny?; Final Permit Denial
The DSHW may withdraw its tentative Notice of Intent to Deny based on the public comments and the hearing (if one was held). If the tentative Notice of Intent to Deny is withdrawn, the DSHW must prepare a draft permit in accordance with U.A.C. R315-4-1.6(c). See U.A.C. R315-4-1.6(b). If the Notice of Intent to Deny is not withdrawn, the DSHW issues a final decision to deny the permit. The DSHW notifies the developer and any other interested parties of its decision. See U.A.C. R315-4-1.15(a).
18-UT-b.20 - Review Comments; Impose Necessary Terms & Conditions
At the time that any final permit decision is issued, the DSHW issues a response to comments. This response must:
(1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
(2) Briefly describe and respond to all significant comments on the draft permit or permit application raised during the public comment period, or during any hearing.
(b) The response to comments must be available to the public.
18-UT-b.21 - Hazardous Waste Permit
The DSHW issues its final permit decision after the close of the public comment period for the draft permit. The final permit decision is issued simultaneously with the DSHW’s response to comments, as described above in 18-UT-b.16. The DSHW notifies the developer and any other interested parties of its decision. See U.A.C. R315-4-1.15.
Approved hazardous waste permits are available to review on the Utah Department of Environmental Quality Hazardous Waste Permits Website.
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