DSHW-1999-003423 - 0901a0688013eace

la..l I
DEPARTMENT OF ENVIRONMENTAL QUALITY ril f PHDV
DIVISION OF SOLID AND HAZARDOUS WASTE riLL uUll il
Michael O. Uavitt | 288 North 1460 West
Governor | pQ Q^^ 144880
Dianne R. Nielson, Ph.D. | Salt LakeCity, Utah 84114-4880
ExecuUve Director | [phone]
Dennis R. Downs I [phone] Fax
Director || [phone] T.D.D.
www.deq.state.ut.us Web
July 20, 1999
Mr. Joe D. Thompson, Director
Environmental, Fire and Security
Thiokol Corporation
P.O. Box 707
Brigham City, UT 84302-0707
RE: Promulgation of Waste Military Munitions Rule - Manifesting Exemption
EPA LD. #UTD009081357
Dear Mr. Thompson:
In March of 1999, Thiokol requested that the manifesting exemption contained in the Military Munitions
Rule (MMR) for shipments of hazardous waste be adopted by the Division of Solid and Hazardous Waste
(the Division). This exemption allows shipments of hazardous waste on a public or private right-of-way
within or along the border of contiguous property under the control of the same person, without a RCRA
manifest. The Environmental Protection Agency revised the manifesting requirements to reduce the
paperwork burden for hazardous waste generators whose property is divided by right-of-ways, without a loss
in protection of public health. This federal rule [40 CFR 262.20(f)] became effective on August 12, 1997.
On May 13,1999, the Division proposed to the Utah Solid and Hazardous Waste Control Board (the Board)
that the rule be adopted by the State of Utah. The Board approved the recommendation to proceed with rule
making, and a 30-day public comment period began on June 1, 1999. The comment period ended on July
1, 1999, with no comments received.
Final approval for adoption of the rule change was given by the Board on July 8, 1999. The new state rule
[R315-4-2(n)] became effective on July 15, 1999. Enclosed with this letter is a copy ofthe new State Rule
as approved by the Board. Ifyou have any questions regarding this letter, please contact Jeff Vandel at 538-
9413.
Sincerely
5ennis R. Downs, Executive Secretary
"Utah Solid and Hazardous Waste Control Board
DRD\JCV\kg
c: John C. Bailey, M.D., M.S.P.H., Hlth Officer/Dept. Director, Bear River Hlth Dept
f:\...\jvandel\wp\thiokol\mmr.799
file to: Thiokol
Solid and Hazardous Waste
Control Board
July 8,1999
R315. Environmental Quality, Solid and Hazardous Waste.
R315-4. Hazardous Waste Manifest.
R315-4-2. The Manifest.
(a) A generator who transports, or offers for transportation, hazardous waste for off-site
treatment, storage or disposal shall prepare a Manifest OMB control number 2050-0039 on EPA
form 8700-22, and, if necessary, EPA form 8700-22A, according to the instructions, including
the additional information requirements, found in R315-50-1, which incorporates by reference 40
CFR 262, Appendix.
(b) A generator shall designate on the manifest one facility which is permitted to handle
the waste described on the manifest.
(c) A generator may designate on the manifest one facility which is permitted to handle
his waste in the event an emergency prevents delivery of the waste to the primary designated
facility.
(d) If the transporter is unable to deliver the hazardous waste to the designated facility or
the alternate facility, the generator shall either designate another facility or instruct the transporter
to retum the waste.
(e) If the State to which the shipment is manifested, consignment State, supplies the
Manifest and requires its use, then the generator must use that Manifest.
(f) If the consignment State does not supply the Manifest, but the State in which the
generator is located, generator State, supplies the Manifest and requires its use, then the generator
must use that State's Manifest.
(g) If neither the generator State nor the consignment State supplies the Manifest, then
the generator may obtain the Manifest from any source.
(h) The manifest shall consist of at least the number of copies which will provide the
generator, each transporter, and the owner or operator of the designated facility with one copy
each for their records and another copy to be returned to the generator.
(i) The generator shall:
(1) Sign the manifest certification by hand; and
(2) Obtain the handwritten signature of the initial transporter and date of acceptance on
the manifest; and
(3) Retain one copy, in accordance with R315-5-5(a).
(j) The generator shall give the transporter the remaining copies of the manifest.
(k)(l) Hazardous wastes to be shipped within Utah solely by water, bulk shipments only,
require that the generator send three copies of the manifest dated and signed in accordance with
this section to the owner and operator ofthe designated facility. Copies ofthe manifest are not
required for each transporter.
(2) For rail shipments of the hazardous wastes within Utah which originate at the site of
generation, the generator shall send at least three copies of the manifest dated and signed in
accordance with this section to:
(i) The next non-rail transporter, if any; or
(ii) The designated facility if transported solely by rail; or
Solid and Hazardous Waste
Control Board
July 8, 1999
(iii) The last rail transporter to handle the waste in the United States if exported by rail.
(3) The description of the hazardous waste(s) as set forth in the regulations of the U.S.
Department of Transportation in 49 CFR 172.101, 172.202, and 172.203.
(1) These manifest requirements do not apply to hazardous waste produced by generators
of greater than 100 kg but less than 1000 kg in a calendar month where:
(1) The waste is reclaimed under a contractual agreement pursuant to which:
(i) The type of waste and frequency of shipments are specified in the agreement;
(ii) The vehicle used to transport the waste to the recycling facility and to deliver
regenerated material back to the generator is owned and operated by the reclaimer of the waste;
and
(2) The generator maintains a copy of the reclamation agreement in his files for a period
of at least three years after termination or expiration of the agreement.
(m) For shipments of hazardous waste to a designated facility in an authorized state
which has not yet obtained federal authorization to regulate that particular waste as hazardous,
the generator must assure that the designated facility agrees to sign and return the manifest to the
generator, and that any out-of-state transporter signs and forwards the manifest to the designated
facility.
(n) The requirements of R315-4-2 and R315-5-9("d) do not apply to the transport of
hazardous wastes on a public or private right-of-way within or along the border of contiguous
property under the control of the same person, even if such contigious property is divided by a
public or private right-of-way. Notwithstanding R315-6-l(a). the generator or transporter shall
comply with the requirements for transporters set forth in R315-9-1 and R315-9-3 in the event of
a discharge of hazardous waste on a public or private right-of-way.