Utah Administrative Code
Topic - Environmental Quality
Title R315 - Waste Management and Radiation Control, Waste Management
Rule R315-268 - Land Disposal Restrictions
Section R315-268-5 - Land Disposal Restrictions - Procedures for Case-by-Case Extensions to an Effective Date
Current through Bulletin 2024-06, March 15, 2024
Note to Sections R315-268-5. All references to administrative positions and to regulations are to the positions and regulations of the US Environmental Protection Agency. Utah does not administer Section R315-268-5.
(a) Any person who generates, treats, stores, or disposes of a hazardous waste may submit an application to the Administrator for an extension to the effective date of any applicable restriction established under Sections R315-268-20 through 39. The applicant shall demonstrate the following:
(b) An authorized representative signing an application described under Subsection R315-268-5(a) shall make the following certification:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.
(c) After receiving an application for an extension, the Administrator may request any additional information which he deems as necessary to evaluate the application.
(d) An extension shall apply only to the waste generated at the individual facility covered by the application and shall not apply to restricted waste from any other facility.
(e) On the basis of the information referred to in Subsection R315-268-5(a), after notice and opportunity for comment, and after consultation with appropriate State agencies in all affected States, the Administrator may grant an extension of up to 1 year from the effective date. The Administrator may renew this extension for up to 1 additional year upon the request of the applicant if the demonstration required in Subsection R315-268-5(a) can still be made. In no event shall an extension extend beyond 24 months from the applicable effective date specified in Sections R315-268-20 through 39. The length of any extension authorized shall be determined by the Administrator based on the time required to construct or obtain the type of capacity needed by the applicant as described in the completion schedule discussed in Subsection R315-268-5(a)(5). The Administrator shall give public notice of the intent to approve or deny a petition and provide an opportunity for public comment. The final decision on a petition shall be published in the Federal Register.
(f) Any person granted an extension under Section R315-268-5 shall immediately notify the Administrator as soon as he has knowledge of any change in the conditions certified to in the application.
(g) Any person granted an extension Section R315-268-5 shall submit written progress reports at intervals designated by the Administrator. Such reports shall describe the overall progress made toward constructing or otherwise providing alternative treatment, recovery or disposal capacity; shall identify any event which may cause or has caused a delay in the development of the capacity; and shall summarize the steps taken to mitigate the delay. The Administrator can revoke the extension at any time if the applicant does not demonstrate a good-faith effort to meet the schedule for completion, if the Agency denies or revokes any required permit, if conditions certified in the application change, or for any violation of Rules R315-260 through 266, 268, 270, 273, 124,15, and 101.
(h) Whenever the Administrator establishes an extension to an effective date under this section, during the period for which such extension is in effect:
(i) Pending a decision on the application the applicant is required to comply with all restrictions on land disposal under Rule R315-268 once the effective date for the waste has been reached.