DSHW-2024-006131

SL_6679890.1
EEI Comments on WMRC’s proposed rule changes: R315-321 and -322 (April 29, 2024 version)
To: Division of Waste Management and Radiation Control, Utah Department of Environmental
Quality (WMRC) [e-mail]
From: Todd Bro of Environmental Energy Innovations, LLC (EEI)
EEI is providing the following comments on the WMRC proposed rule changes, the most recent
version of which was shared by WMRC on April 29, 2024.
General comments:
1.Existing landfarms with a closure plan approved by DOGM should be allowed to complete
closure with DOGM after the WMRC rule change is in effect. Please modify the rule change to
allow for this accommodation.
2.After the WMRC rule change is in effect and before closure is completed, existing landfarms
with a closure plan approved by DOGM should be allowed to mix landfarm soils with vacuum
tank materials before placing the mixture onto the temporary permitted and forthcoming Class
VII facility.
Specific Comments:
R315-301-2(27). The definition of “Free liquids” is already in the rules.
R315-321-3. An existing facility is already located and should be exempt from location standards.
Please add a rule that existing facilities are exempt by rule from the location standards. Existing
facilities over a natural clay layer and no shallow groundwater aquifer should not be subject to
groundwater standards or monitoring requirements. EEI has been operating at its current location
since 2011 and should be exempt by rule from location requirements.
The director should not be allowed to impose any condition in a temporary permit, unless that
condition is in the R315-321-3 rules.
R315-321-4. Existing facilities with secondary containment should be approved by rule. EEI has
never been required to monitor groundwater due to the clay base below the facility and no shallow
aquifer. This type of existing facility should be exempt by rule from groundwater monitoring.
R315-322-2- An existing facility is already located and should be exempt from location standards.
Please add a rule that existing facilities are exempt by rule from the location standards. Existing
facilities over a natural clay layer and no shallow groundwater aquifer should not be subject to
groundwater standards or monitoring requirements. EEI has been operating at its current location
since 2011. Its solid waste surface impoundments have a concrete pad and 2 lined ponds and should
be exempt by rule from location requirements.
R315-322-4- Will EEI be required to measure and report air quality and explosive gas emissions,
ambient air quality standards, or emission standards as per R315-302-2[1][2][3]?
R315-322-5- EEI’s solid waste surface impoundments have a concrete pad and 2 lined ponds, have
been operating since 2011 and should be exempt by rule from the design requirements. EEI has
never been required to monitor groundwater due to the clay base below the facility and no shallow
aquifer. This type of existing facility should be exempt by rule from groundwater monitoring.
SL_6679890.1