State of Utah Waste Management and Radiation Control Board Telephonic Meeting Anchor Location: Utah Department of Environmental Quality 195 North 1950 West (Red Rocks Conference Room

DSHW-2017-011126 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880

Telephone (801) 536-0200 • Fax (801) 536-0222 • T.D.D. (801) 536-4284 www.deq.utah.gov

Printed on 100% recycled paper

State of Utah

GARY R. HERBERT

Governor

SPENCER J. COX

Lieutenant Governor

Department of

Environmental Quality

Alan Matheson

Executive Director

DIVISION OF WASTE MANAGEMENT

AND RADIATION CONTROL Scott T. Anderson

Director

A regular meeting of the Waste Management and Radiation Control Board has been scheduled for January 11, 2018 at 1:30 p.m. at the Utah Department of Environmental Quality, Multi-Agency State

Office Building, located at 195 North 1950 West (Conf. Room #1015), SLC. (One or more Board member may participate telephonically.)

AGENDA

I. Call to Order. II. Approval of the Meeting Minutes for the November 9, 2017 Board meeting (Board

Action Item) ............................................................................................................................ Tab 1 III. Underground Storage Tanks Update ........................................................................................ Tab 2 IV. Administrative Rules ............................................................................................................... Tab 3

A. Approval to file Five-Year review notices for Solid Waste Rules R315-301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318 and 320 (Board Action Item).

V. Used Oil Section ...................................................................................................................... Tab 4

A. Approval to proceed with formal rulemaking and 30-day public comment period for proposed changes to R315-15, Standards for the Management of Used Oil Rules (Board Action Item).

VI. Low Level Radioactive Waste Section .................................................................................... Tab 5

A. Proposed Stipulation and Consent Order between the Board and EnergySolutions, LLC.

(Information Item Only).

VII. Other Business. A. Misc. Information Items – Live Streaming of Board meetings. B. Scheduling of next Board meeting.

(Over)

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VIII. Adjourn. In compliance with the Americans with Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Larene Wyss, Office of Human Resources at (801) 536-4281, TDD (801) 536-4284 or by email at “[email protected]”.

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mailto:[email protected]

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Waste Management and Radiation Control Board Telephonic Meeting Anchor Location: Utah Department of Environmental Quality

195 North 1950 West (Red Rocks Conference Room #3132), SLC November 9, 2017

1:30 p.m.

Board Members

Participating By Phone: Danielle Endres, Jeremy Hawk, Steve McIff and Vern Rogers

Board Members Present

at Anchor Location: Brett Mickelson (Chair), Dennis Riding (Vice-Chair), Mark Franc, Alan Matheson, Nathan Rich and Shane Whitney

Board Members Absent: Richard Codell and Shawn Milne

Staff Members Present: Scott Anderson, Brent Everett, Rusty Lundberg, Tom Ball, Arlene Lovato, Kaci McNeill, Allan Moore, Brett Randall, Elisa Smith, Otis Willoughby, Raymond Wixom

Other Phone Call

Participants: None

Others Present at

Anchor Location: Amanda Smith, Joe Ozimek, Jessica Reimer

I. Call to Order. Brett Mickelson (Chair) called the meeting to order at 1:30 p.m. and acknowledged Board members present at the anchor location (see above). Danielle Endres, Jeremy Hawk, Steve McIff and Vern Rogers participated by phone.

II. Approval of the Meeting Minutes for the October 12, 2017 Board Meeting.

It was moved by Shane Whitney and seconded by Mark Franc and UNANIMOUSLY CARRIED to approve the October 12, 2017 Board Meeting minutes.

III. Underground Storage Tanks Update.

Brent Everett, Director of the Division of Environmental Response and Remediation (DERR), informed the Board that the cash balance of the Petroleum Storage Tank (PST) Trust Fund at the end of September 2017 was $15,342,052.00. The preliminary estimate for the cash balance of the PST Trust Fund for the end of October 2017 is $16,002,761.00. The PST Trust Fund is managed on a cash balance basis and is watched closely to ensure sufficient coverage for covered releases.

IV. Low Level Radioactive Waste Section. A. EnergySolutions, LLC request for a site-specific treatment variance from the Hazardous Waste

Management Rules. EnergySolutions seeks authorization to treat by stabilization, waste containing High-Subcategory Mercury (Board Action Item).

Otis Willoughby, Environmental Scientist, Low Level Radioactive Waste Section, reviewed the request from EnergySolutions dated September 27, 2017 for a site-specific treatment variance from the Utah

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Administrative Code to treat by stabilization, waste containing High-Subcategory Mercury. (This agenda item was previously presented to the Board in the October 12, 2017 Board meeting.) A notice for a 30-day public comment period was published in the October 5, 2017 issues of the Salt Lake Tribune, the Deseret News and the Tooele County Transcript Bulletin. The comment period began October 5, 2017 and concluded on November 6, 2017. No comments were received. It is the Division Director’s recommendation that the Board approve this variance request based on the following findings: the proposed alternative treatment method meets the regulatory basis for a variance, will be as safe to human health and the environment as the required method and the required method would create additional waste, and require waste handling that could possibly expose workers to unnecessary contact with the waste. Also, EnergySolutions has successfully treated similar waste streams in the past using this approach. Mr. Willoughby clarified this is the same type of variance request that the Board has approved in previous years.

It was moved by Shane Whitney and seconded by Nathan Rich and UNANIMOUSLY CARRIED to

approve EnergySolutions, LLC request for a site-specific treatment variance from the Hazardous

Waste Management Rules to treat by stabilization, waste containing High-Subcategory Mercury.

(Vern Rogers recused himself and abstained from voting on this matter.)

B. EnergySolutions, LLC request for a site-specific treatment variance from the Hazardous Waste

Management Rules. EnergySolutions seeks authorization to receive Cemented Uranium Extraction Process Residues for disposal (Board Action Item).

Otis Willoughby reviewed the request from EnergySolutions dated September 27, 2017 for a site-specific treatment variance from the Hazardous Waste Management Rules to receive Cemented Uranium Extraction Process Residues for disposal. (This agenda item was previously presented to the Board in the October 12, 2017 Board meeting.) A notice for a 30-day public comment period was published in the October 5, 2017 issues of the Salt Lake Tribune, the Deseret News and the Tooele County Transcript Bulletin. The comment period began October 5, 2017 and concluded on November 6, 2017. No comments were received. It is the Division Director’s recommendation that the Board approve this variance request based on the following findings: the proposed alternative treatment method meets the regulatory basis for a variance, will be as safe to human health and the environment as the required method and the required method would create additional waste, and require waste handling that could possibly expose workers to unnecessary contact with the waste. Mr. Willoughby reminded the Board that Dr. Codell had specific technical questions regarding radiation content issues that were not addressed in the October 12, 2017 meeting. Since that meeting, EnergySolutions has reached out to Dr. Codell and has provided him with the clarification he desired on this matter. Mr. Willoughby explained that the Mixed Waste Facility proposes to receive up to 1,000 cubic feet of cemented monoliths containing enriched uranium residuals. This is a conservative estimate, as the facility usually receives less than the amount requested. The generator determines the amount of waste that will be produced.

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It was moved by Mark Franc and seconded by Steve McIff and UNANIMOUSLY CARRIED to


Waste Management Rules to receive Cemented Uranium Extraction Process Residues for disposal.

(Vern Rogers recused himself and abstained from voting on this matter.)

C. EnergySolutions, LLC request for a site-specific treatment variance from the Hazardous Waste

Management Rules. EnergySolutions seeks authorization to dispose of waste containing hazardous constituents and PCBs as Underlying Hazardous Constituents (Board Action Item).

Otis Willoughby reviewed the request from EnergySolutions dated September 27, 2017, for a site-specific treatment variance from the Utah Administrative Code to dispose of waste containing hazardous constituents and PCBs as Underlying Hazardous Constituents. (This agenda item was previously presented to the Board in the October 12, 2017 Board meeting.) A notice for a 30-day public comment period was published in the October 5, 2017 issues of the Salt Lake Tribune, the Deseret News and the Tooele County Transcript Bulletin. The comment period began October 5, 2017 and concluded on November 6, 2017. No comments were received. It is the Division Director’s recommendation that the Board approve this variance request based on the following findings: the proposed alternative treatment method meets the regulatory basis for a variance, will be as safe to human health and the environment as the required method and the rules would allow for direct disposal of this waste if it only contained the PCB contaminants. It was moved by Dennis Riding and seconded by Shane Whitney and UNANIMOUSLY CARRIED to


Waste Management Rules to dispose of waste containing hazardous constituents and PCBs as

Underlying Hazardous Constituents. (Vern Rogers recused himself and abstained from voting on this

matter.)

V. Solid Waste Section.

A. Intermountain Power Service Corporation (IPSC) request for a variance from Utah Administrative

Code R315-319, the Coal Combustion Residuals (CCR) rules (Information Item Only). Allan Moore, Solid Waste Section Manager, informed the Board that Intermountain Power Service Corporation has withdrawn its request for a variance from Utah Administrative Code R315-319, the Coal Combustion Residuals (CCR) rules. It is not anticipated this item will be brought back to the Board.

VI. Other Business.

A. Misc. Information Items.

Scott Anderson introduced a new support staff member, Kaci McNeil, who will assist the other support staff in Board matters/meetings.

B. Scheduling of next Board meeting.

The December 14, 2017 Board meeting has been canceled. The next Board meeting is scheduled for January 11, 2018 at the Utah Department of Environmental Quality (Board Conference Room #1015), 195 North 1950 West, SLC.

VII. Adjourn. The meeting adjourned at 1:41 p.m.

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UST STATISTICAL SUMMARYDecember 1, 2016 -- November 30, 2017

PROGRAM

December January February March April May June July August September October November (+/-) OR Total

Regulated Tanks 4,062 4,063 4,060 4,060 4,058 4,043 4,046 4,054 4,059 4,063 4,062 4,050 (12)

Tanks with Certificate of

Compliance3,959 3,968 3,971 3,974 3,982 3,972 3,965 3,964 3,959 3,953 3,954 3,957 (2)

Tanks without COC 103 95 89 86 76 71 81 90 100 110 108 93 (10)

Cumulative Facilitlies with

Registered A Operators1,316 1,318 1,315 1,316 1,313 1,307 1,307 1,305 1,301 1,300 1,307 1,305 97.53%

Cumulative Facilitlies with

Registered B Operators1,318 1,319 1,317 1,319 1,317 1,311 1,310 1,308 1,316 1,302 1,307 1,305 97.53%

New LUST Sites 7 6 8 8 8 7 11 7 7 3 6 13 91

Closed LUST Sites 12 4 5 13 3 5 13 8 10 4 3 18 98

Cumulative Closed LUST

Sites4976 4978 4983 4992 4996 5004 5016 5025 5031 5036 5045 5060 84

FINANCIAL

December January February March April May June July August September October November (+/-)

Tanks on PST Fund 2,751 2,755 2,758 2,769 2,761 2,745 2,735 2,733 2,728 2,722 2,718 2,708 (43)

PST Claims (Cumulative) 660 661 663 666 669 670 672 670 670 671 674 674 14

Equity Balance -$8,286,855 -$8,286,855 -$8,286,855 -$8,286,855 -$8,286,855 -$8,908,361 -$8,573,569 -$8,364,249 -$8,817,188 -$9,466,602 -$12,442,135 -$13,385,166 ($5,098,311)

Cash Balance $16,969,043 $15,608,438 $15,660,762 $15,054,100 $15,311,622 $15,900,293 $16,235,085 $16,444,405 $15,991,466 $15,342,052 $16,002,761 $15,059,729 ($1,909,314)

Loans 0 0 0 0 0 0 0 1 0 0 0 0 0

Cumulative Loans 111 111 111 111 111 111 111 112 112 112 112 112 1

Cumulative Amount $4,069,774 $4,069,774 $4,069,774 $4,069,774 $4,069,774 $4,069,774 $4,069,774 $4,079,887 $4,079,887 $4,079,887 $4,079,887 $4,079,887 $10,113

Defaults/Amount 0 0 0 0 0 0 0 0 0 0 0 0 0

December January February March April May June July August September October November TOTAL

Speed Memos 36 34 10 41 44 55 45 42 20 34 54 33 448

Compliance Letters 11 2 1 5 3 3 3 6 2 2 1 8 47

Notice of Intent to Revoke 2 0 0 0 0 0 0 0 0 0 0 0 2

Orders 0 0 0 1 0 1 0 0 0 0 1 2 5

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DSHW-2017-007602 Attachment: DSHW-2017-010823

1

WASTE MANAGEMENT AND RADIATION CONTROL BOARD Executive Summary

Five-Year Review for Rules January 11, 2018

What is the issue before the

Board?

Rules R315-301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318 and 320 of the Utah Administrative Code are up for a five-year review. If these rules are to continue, a Notice of Continuation (Five-Year Review) must be filed prior to the anniversary of the last five-year review.

What is the historical background

or context for this issue?

The Utah Administrative Rulemaking Act (Utah Code Annotated (UCA) §63G-3-305) requires state agencies to review each of their administrative rules within five years of the rule’s original effective date or the last five-year review. The purpose of the review is to provide agencies with an opportunity to evaluate the rules to assess if the rules should be continued. In performing a five-year review, an agency may consider the need to amend or repeal rules that are archaic in form, are no longer used, are not based on existing statutory authority or are otherwise unnecessary. The Solid and Hazardous Waste Act authorizes the Waste Management and Radiation Control Board to make rules (UCA §19-6-105 and §19-6-104). Because the Administrative Rulemaking Act’s definition of “agency” includes each state board authorized or required by law to make rules, it is appropriate that the Board approve the five-year review of a rule. To retain a rule as part of the Utah Administrative Code, a “Five-Year Notice of Review and Statement of Continuation” must be filed with the Division of Administrative Rules, before the rule’s five-year anniversary date. A filing form with the following information must be provided:

1. A concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize the rule; 2. A summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule; and, 3. A reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any.

Completing the form provided by the Division of Administrative Rules and filing it before the five-year review date satisfies the provisions of the Administrative Rulemaking Act with respect to a five-year review.

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DSHW-2017-007602

Attachment: DSHW-2017-010823

2

What is the governing statutory or

regulatory citation?

Utah Code Annotated (UCA) §63G-3-305 and Utah Code Annotated §19-

6-105 and §19-6-104.

Is Board action required? Yes.

What is the Division Director’s

recommendation?

The Division Director recommends that the Board approve filing the

completed Five-Year Notice of Review and Statement of Continuation

forms for R315-301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311,

312, 313, 314, 315, 316, 317, 318 and 320 with the Division of

Administrative Rules.

Where can more information be

obtained?

For further information, please contact Tom Ball at (801) 536-0251 or

Rusty Lundberg at (801) 536-4257.

The complete text of the Solid Waste Rules can be found at:

https://rules.utah.gov/publicat/code/r315/r315.htm

NOTE: The Word version of this form is made available as a working document for the convenience of rule filing agencies. To file a rule, an agency must use the division's online rule filing application, eRules.

State of Utah

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR file no: Date filed: State Admin Rule Filing Id: Time filed:

Agency No. Rule No. Section No.

Utah Admin. Code Ref (R no.): R 315 - 301 -

1.

Agency: Waste Management and Radiation Control Room no.: Second Floor Building: MASOB Street address 1: 195 North 1950 West Street address 2: City, state, zip: Salt Lake City, Utah 84116 Mailing address 1: PO Box 144880 Mailing address 2: City, state, zip: Salt Lake City, Utah 84114-4880 Contact person(s): Name: Phone: Fax: E-mail: Tom Ball 801-536-0251 801-536-0222 [email protected] Rusty Lundberg 801-536-4257 801-536-0222 [email protected]

(Interested persons may inspect this filing at the above address or at the Division of Administrative Rules during business hours) 2. Title of rule (catchline):

Solid Waste Authority, Definitions, and General Requirements 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these

provisions authorize or require the rule: Subsection 19-6-104(1)(j) requires the Solid and Hazardous Waste Control Board to require any facility disposing of non-hazardous waste to submit plans, specifications, and other information required by the Board prior to the construction and/or operation of a facility. Subsection 19-6-108(12) requires that operation plans be reviewed every five years. The rule sets out the procedures and information that must be submitted to review a plan approval and meet the requirements of the statute.

4. A summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule: One amendment to this rule was made since the last five-year review to conform with Senate Bill 21which was passed during 2012 General Session of the Legislature. No comments were received on the amendment. No other comments were received from any interested persons either supporting or opposing the rule during or since the last five-year review.

5. A reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

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Rule R315-301 contains the definitions and the basic prohibitions against disposal of waste except in sites that are approved and contain the necessary design, engineering, and closure elements that will provide protection to public health and the environment. The rule is also the foundation of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued.

6. Indexing information -- keywords (maximum of four, in lower case, except for acronyms (e.g., "GRAMA") or proper nouns (e.g., "Medicaid"); may not include the name of the agency: solid waste management waste disposal

7. Attach an RTF document containing the text of this rule change (filename):

To the agency: Information requested on this form is required by Section 63G-3-305. Incomplete forms will be returned to the agency for completion, possibly delaying the effective date.

AGENCY AUTHORIZATION Agency head or designee, and title:

Date (mm/dd/yyyy):

eRules v. 2: FiveYearReview.doc 09/03/2009 (http://www.rules.utah.gov/agencyresources/forms/FiveYearReview.doc)

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State of Utah





1.



Solid Waste Facility Location Standards, General Facility Requirements, and Closure Requirements 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these


4. A summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

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Two amendments to this rule were made since the last five-year review. The first amendment was made to conform with Senate Bill 21which was passed during the 2012 General Session of the Legislature. No comments were received on the amendment. The second amendment deleted Subsection R315-302-1(2)(a)(iii) which prohibited a new solid waste landfill from locating within "farmland classified or evaluated as 'prime,' 'unique,' or of 'statewide importance' by the U.S. Department of Agriculture Soil Conservation Service under the Prime Farmland Protection Act." after the Division of Waste Management and Radiation Control received feedback from stakeholders that this requirement is overly broad and likely outside the agency's regulatory purview since such farmland designations are overseen by the U.S. Dept. of Agriculture under the authority of the Farmland Protection Policy Act (FPPA). No comments were received on the amendment. No other comments were received from any interested persons either supporting or opposing the rule during or since the last five-year review.

5. A reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any: Rule R315-302 contains siting requirements for solid waste disposal facilities and the general outline of the operations, monitoring, closure, and post-closure care of a solid waste disposal facility. The rule forms the basis of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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State of Utah





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Landfilling Standards 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these


4. A summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule: One amendment to this rule was made since the last five-year review to conform with Senate Bill 21which was passed during the 2012 General Session of the Legislature. No comments were received on the amendment. No other comments were received from any interested persons either supporting or opposing the rule during or since the last five-year review.


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Rule R315-303 contains requirements for solid waste disposal facilities performance requirements, design standards, operation, and maintenance standards. The rule forms the basis of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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Industrial Solid Waste Landfill Requirements 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these



5. A reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any: Rule R315-304 is necessary to implement the requirements of the statute to review plans for facilities that dispose of nonhazardous solid waste. Therefore, this rule should be continued.

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Date (mm/dd/yyyy):


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Class IV and VI Landfill Requirements 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-305 contains requirements for solid waste disposal facilities performance requirements, design standards, operation, and maintenance standards. The rule forms the basis of the permit program required by the Solid and Hazardous Waste Act and is referenced by other solid waste rules. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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State of Utah





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Incinerator Standards 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-306 contains requirements for nonhazardous solid waste incineration facilities performance requirements, design standards, operation and maintenance standards. The rule forms the basis of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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State of Utah





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Landtreatment Disposal Standards 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-307 contains requirements for solid waste disposal facilities performance requirements, design standards, operation, and maintenance standards. The rule forms the basis of the permit program required by the Solid and Hazardous Waste Act. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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State of Utah





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Ground Water Monitoring Requirements 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-308 contains the requirements for ground water monitoring that are an integral part of the solid waste program to protect public health and the environment. Ground water monitoring must be included in a state solid waste program for that program to be approved by EPA. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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Financial Assurance 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-309 contains the requirements for financial assurance. Financial assurance is a required part of a solid waste program that is to maintain EPA approval and also meets the requirement for financial assurance found in Subsection 19-6-108(9)(c). Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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State of Utah





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Permit Requirements for Solid Waste Facilities 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these


4. A summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule: Two amendments to this rule were made since the last five-year review. One to conform to Senate Bill 21which was passed during the 2012 General Session of the Legislature, the other to add coal ash facilities operated by electrical generation facilities to the list of facilities requiring a permit. No comments were received on either amendment. No other comments were received from any interested persons either supporting or opposing the rule during or since the last five-year review.


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Rule R315-310 contains the requirement for a permit to operate a nonhazardous facility. The permitting program is an integral part of the solid waste program and is required to maintain EPA program approval and to meet the requirements of Section 19-6-108. Therefore, this rule should be continued..





Date (mm/dd/yyyy):


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State of Utah





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Permit Approval for Solid Waste Disposal, Waste Tire Storage, Energy Recovery, and Incinerator Facilities. 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-311 is an integral part of the solid waste permitting program and defines major and minor modifications to permit and outlines the public comment process. Without the rule, the permit program would not meet the requirements of the Solid and Hazardous Waste Act. Therefore, this rule should be continued..





Date (mm/dd/yyyy):


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Recycling and Composting Facility Standards. 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-312 provides the standards for operation of recycling and compost facilities that are allowed by the Solid and Hazardous Waste Act. The rule also sets the standards that will assure that these facilities are operated in a way that protects human health and the environment. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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Transfer Stations and Drop Box Facilities. 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-313 provides the standards for operation of transfer stations and drop box facilities that are allowed by the Solid and Hazardous Waste Act. The rule also sets the standards that will assure that these facilities are operated in a way that protects human health and the environment. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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Facility Standards for Piles Used for Storage and Treatment. 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-314 provides the standards for operation of facilities that treat and store solid waste in piles as allowed by the Solid and Hazardous Waste Act. The rule also sets the standards that will assure that these facilities are operated in a way that protects human health and the environment. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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Special Waste Requirements. 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-315 sets standards for the management of special wastes. These wastes can present special risks or require special handling which is set forth in Rule R315-315. When these standards are obeyed it will assure that these wastes do not present an unacceptable risk to public health or the environment. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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Infectious Waste Requirements. 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-316 sets standards for the management of infectious waste. This waste can present special risks or require special handling which is set forth in Rule R315-316. When these standards are obeyed it will assure that these wastes do not present an unacceptable risk to public health or the environment. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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Other Processes, Variances, Violations, and Petition for Rule Change. 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Rule R315-317 sets the procedures for granting of variances, issuing of notices of violation, and procedures for rule change petitions. These are all an important part of the permit program for regulation solid waste management facilities. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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Permit by Rule. 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these




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Permitting of solid waste facilities is a requirement to receive program approval from the EPA and is also required by the Solid and Hazardous Waste Act. Rule R315-318 sets out the procedures and conditions that will allow facilities that are permitted under another state program to receive a permit by rule and be in compliance with the Solid and Hazardous Waste Act and the solid waste rules and not be burdened by regulation by two different agencies. Therefore, this rule should be continued.





Date (mm/dd/yyyy):


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Waste Tire Transporter and Recycler Requirements. 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how these



5. A reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any: Rule R315-320 contains requirements for Waste Tire Transporter and Recycler Requirements. The rule forms the basis for the regulation of the waste tire program in Utah. Therefore, this rule should be continued.

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Date (mm/dd/yyyy):


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DSHW-2017-010827 Attachments: DSHW-2017-010824 DSHW-2017-010825

1


Proposed Rule Changes - UAC R315-15 Standards for the Management of Used Oil

January 11, 2018


Board?

Approval from the Board is needed to proceed with formal rulemaking and public comment by filing with the Office of Administrative Rules and publishing in the Utah State Bulletin proposed changes to UAC R315-15 to fix an inadvertent wording change in the rules that causes a contradiction when a facility collecting used oil has to be registered and to remove a requirement in the financial assurance rules for all financial documents to be signed in duplicate.



The Division of Waste Management and Radiation Control was made aware of contradictory language in the used oil management rules by a constituent. Specifically, UAC R315-15-13.3(a) currently states that a person may operate a used oil aggregation point without a registration number if the aggregation point also accepts used oil from household do-it-yourselfers or other generators. UAC R315-15-13.3(b) then states if an aggregation point accepts used oil from household do-it-yourselfers it must be registered. It is the intent of the rules that all facilities that manage used oil from household do-it-yourselfers be registered. The Division was unable to determine why the contradiction exists. Previous versions of the rule do not have the contradiction and the Division was unable to find any documentation making the change. The proposed change to UAC R315-15-13.3 will remove the contradiction and return the rule to its original intent. Recently, it was discovered that facilities involved in the management of used oil have been submitting all financial assurance mechanisms signed in duplicate when only certain mechanisms actually need to be signed in duplicate, others in triplicate and some just single. Research into the issue revealed that UAC R315-15-17.1 requires all financial assurance mechanisms to be signed in duplicate. The proposed change to UAC R315-15-17.1 will remove the requirement from the rules and facilities managing used oil will follow the requirements of each mechanism regarding the number of signatures needed. The proposed changes to UAC R315-15 are included with this Executive Summary.

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DSHW-2017-010827 Attachments: DSHW-2017-010824 DSHW-2017-010825

2



The Board is authorized under Subsection 19-6-704(1)(a) to establish by rules conditions and procedures for registration of used oil collection centers and used oil aggregation points and under Subsection 19-6-704(1)(b) to provide by rule that used oil aggregation points that do not accept do-it-yourselfer used oil are not required to be registered. The Board is authorized under Subsection 19-6-704(1) to make rules as necessary to administer the Used Oil Management Act.

Is Board action required? Yes. Board approval is necessary to begin the formal rulemaking process.


recommendation? The Director recommends the Board approve formal rulemaking for the proposed changes to UAC R315-15.


obtained? Please contact Tom Ball (801-536-0251 ([email protected]) or Rusty Lundberg (801-536-4257 ( [email protected]).

Page 48



R315. Environmental Quality, Waste Management and Radiation Control, Waste Management. R315-15. Standards for the Management of Used Oil. R315-15-13. Registration and Permitting of Used Oil Handlers. 13.1 DO-IT-YOURSELFER USED OIL COLLECTION CENTERS TYPES A AND B (a) Applicability. A person may not operate a do-it-yourselfer (DIYer) Type A or B used oil collection center without holding a registration number issued by the Director. (b) General. The application for a registration number shall include the following information regarding the DIYer used oil collection center: (1) the name and address of the operator; (2) the location of the center; (3) the type of storage and secondary containment to be used; (4) the status of the business, zoning, or other licenses and permits if required by federal, state and local governmental entities; (5) a spill containment plan in the event of a release of used oil; and (6) proof of insurance or other means of financial responsibility for liabilities that may be incurred in collecting or storing used oil. (c) Waiver of proof of insurance or other means of financial responsibility for liabilities that may be incurred in collecting or storing used oil. In accordance with Utah Annotated 19-6-710, the Director may waive the requirement of proof of liability insurance or other means of financial responsibility if the following criteria are satisfied: (1) The used oil storage tank or container is in good condition with no severe rusting, apparent structural defects or deterioration, and no visible leaks; (2) There is adequate secondary containment for the tank or container that is impervious to used oil to prevent any used oil released into the secondary containment system from migrating out of the system to the soil, groundwater or surface water; (3) The storage tank or container is clearly labeled with the words "Used Oil;" (4) DIYer log entries are complete including the name and address of the generator, date and quantity of used oil received; (5) EPA-approved test kits for total halogens are readily available and operators are trained to perform halogen tests on any used oil received that may have been mixed with hazardous waste; and (6) Oil sorbent material is readily available on site for immediate clean-up of spills. (d) Changes in information. The owner or operator of the facility shall notify the Director in writing of any changes in the information submitted to apply for a registration number within 20 days of the change. 13.2 GENERATOR USED OIL COLLECTION CENTERS TYPES C AND D (a) Applicability. A person may not operate a generator used oil collection center Type C or D without holding a registration number issued by the Director. (b) General. The application for registration shall include

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the following information regarding the generator used oil collection center: (1) the name and address of the operator; (2) the location of the center; (3) whether the center will accept DIYer used oil; (4) the type of storage and secondary containment to be used; (5) the status of the business, zoning, or other licenses and permits if required by federal, state and local governmental entities; (6) a spill containment plan in the event of a release of used oil; and (7) proof of insurance or other means of financial responsibility for liabilities that may be incurred in collecting or storing used oil. (c) Permit. Waiver of proof of insurance or other means of financial responsibility for liabilities that may be incurred in collecting or storing used oil. In accordance with Utah Code Annotated 19-6-710, the Director may waive the requirement of proof of liability insurance or other means of financial responsibility if the following criteria are satisfied: (1) The used oil storage tank or container is in good condition with no severe rusting, apparent structural defects or deterioration, and no visible leaks; (2) There is adequate secondary containment for the tank or container that is impervious to used oil to prevent any used oil released into the secondary containment system from migrating out of the system to the soil, groundwater or surface water; (3) The storage tank or container is clearly labeled with the words "Used Oil;" (4) DIYer log entries are complete including the name and address of the generator, date and quantity of used oil received; (5) EPA-approved test kits for total halogens are readily available and operators are trained to perform halogen tests on any used oil received that may have been mixed with hazardous waste; and (6) Oil sorbent material is readily available on site for immediate clean up of spills. (d) Changes in information. The owner or operator of the facility shall notify the Director in writing of any changes in the information submitted to apply for a registration number within 20 days of the change. 13.3 USED OIL AGGREGATION POINTS (a) Applicability. A person may operate a used oil aggregation point without holding a registration number issued by the Director [if]unless that aggregation point also accepts used oil from household do-it-yourselfers (DIYers) or other generators. (b) If an aggregation point accepts used oil from household DIYers, it must register with the Director as a DIYer collection center and comply with the DIYer standards in Section R315-15-3.1. (c) If an aggregation point accepts used oil from other generators it must register with the Director as a generator collection center and comply with the standards in R315-15-3.2. 13.4 USED OIL TRANSPORTERS AND USED OIL TRANSFER FACILITIES (a) Applicability. Except as provided by R315-15-13.4(f), a person may not operate as a used oil transporter without holding a used oil transporter permit issued by the Director. A person shall

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R315-15-17. Wording of Financial Assurance Mechanisms. 17.1 APPLICABILITY R315-15-17 presents the standard wording forms to be used for the financial assurance mechanisms found in R315-15-12. The following forms are hereby incorporated by reference and are available at the Division of Waste Management and Radiation Control located at 195 North 1950 West, Salt Lake City, Utah, during normal business hours or on the Division's web site, http://www.hazardouswaste.utah.gov/. (a) The Division requires that the forms described in R315-15-17.2 through R315-15-17.14 shall be used for all financial assurance filings and shall be signed [in duplicate ]original documents. The wording of the forms shall be identical to the wording specified in R315-15-17.2 through R315-15-17.4. (b) The Director may substitute new wording for the wording found in any of the financial assurance mechanism forms when such language changes are necessary to conform to applicable financial industry changes, when industry-wide consensus language changes are submitted to the Director. 17.2 TRUST AGREEMENTS The trust agreement for a trust fund must be worded as found in the Trust Agreement Form approved by the Director. 17.3 SURETY BOND GUARANTEEING PAYMENT INTO A STANDBY TRUST AGREEMENT TRUST FUND The surety bond guaranteeing payment into a standby trust agreement trust fund must be worded as found in the Surety Bond Guaranteeing Payment into a Standby Trust Agreement Trust Fund Form approved by the Director. 17.4 IRREVOCABLE STANDBY LETTER OF CREDIT WITH STANDBY TRUST AGREEMENT The letter of credit must be worded as found in the Irrevocable Standby Letter of Credit with Standby Trust Agreement Form approved by the Director. 17.5 UTAH USED OIL POLLUTION LIABILITY INSURANCE ENDORSEMENT FOR CLEANUP AND CLOSURE The insurance endorsement of cleanup and closure must be worded as found in the Utah Used Oil Pollution Liability Insurance Endorsement for Cleanup and Closure Form approved by the Director. 17.6 UTAH USED OIL TRANSPORTER POLLUTION LIABILITY ENDORSEMENT FOR SUDDEN OCCURRENCE The used oil transporter pollution liability endorsement for sudden occurrence must be worded as found in the Utah Used Oil Transporter Pollution Liability Endorsement for Sudden Occurrence Form approved by the Director. 17.7 UTAH USED OIL POLLUTION LIABILITY ENDORSEMENT FOR SUDDEN OCCURRENCE The used oil pollution liability endorsement for sudden occurrence for permitted facilities other than permitted transporters must be worded as found in the Utah Used Oil Pollution Liability Endorsement for Sudden Occurrence Form approved by the Director. 17.8 UTAH USED OIL POLLUTION LIABILITY ENDORSEMENT FOR NON-SUDDEN OCCURRENCE The used oil pollution liability endorsement for non-sudden occurrence must be worded as found in the Utah Used Oil Pollution

Page 51


State of Utah Administrative Rule Analysis

NOTICE OF PROPOSED RULE * The agency identified below in box 1 provides notice of proposed rule change pursuant to Utah Code Section 63G-3-301. * Please address questions regarding information on this notice to the agency. * The full text of all rule filings is published in the Utah State Bulletin unless excluded because of space constraints. * The full text of all rule filings may also be inspected at the Division of Administrative Rules. DAR file no: Date filed: State Admin Rule Filing Id: Time filed:



Changed to Admin. Code Ref. (R no.): R - -

1.


(Interested persons may inspect this filing at the above address or at the Division of Administrative Rules during business hours) 2. Title of rule or section (catchline):

Standards for the Management of Used Oil 3. Type of notice:

New ___; Amendment _X__; Repeal ___; Repeal and Reenact ___ 4. Purpose of the rule or reason for the change:

UAC R315-15-13.3(a) and (b) contradict each other. It appears that at some point in time a word was inadvertently changed in (a) that makes it contradictory to (b). The proposed change will place (a) and (b) in agreement. UAC R315-15-17.1 states that all financial assurance filings shall be signed in duplicate. Not all filings need to be signed in duplicate and some need to be signed in triplicate. The number of signatures needed for each mechanism is determined by the mechanism therefore there is no reason for the rule to require all filings to be signed in duplicate.

5. This change is a response to comments from the Administrative Rules Review Committee. No _X__; Yes ___

6. Summary of the rule or change:

Page 52

Recently a comment was made to the Division that there was a conflict in the wording of UAC R315-15-13.3(a) and (b). UAC R315-15-13.3(a) currently states that a person may operate a used oil aggregation point without a registration number if the aggregation point also accepts used oil from household do-it-yourselfers or other generators. UAC R315-15-13.3(b) then states if an aggregation point accepts used oil from household do-it-yourselfers it must be registered. It is the intent of the rules that all facilities that manage used oil from household do-it-yourselfers be registered. The Division was unable to determine why the contradiction exists. Previous versions of the rule do not have the contradiction and the Division was unable to find any documentation making the change. The proposed change to UAC R315-15-13.3 will remove the contradiction and return the rule to its original intent. Recently it was discovered that facilities involved in the management of used oil have been submitting all financial assurance mechanisms signed in duplicate when only certain mechanisms actually need to be signed in duplicate, others in triplicate and some just single. Research into the issue revealed that UAC R315-15-17.1 requires all financial assurance mechanisms to be signed in duplicate. The proposed change to UAC R315-15-17.1 will remove the requirement from the rules and facilities managing used oil will follow the requirements of each mechanism regarding the number of signatures needed.

7. Aggregate anticipated cost or savings to: A) State budget: Affected: No _X__; Yes ___ It is anticipated that any cost or savings to the Division from the proposed rule changes will be negligible because the Division has been enforcing the rule regarding registration of aggregation points as it was intended and the changes will not change how the rule has been enforced. The proposed changes will not reduce or lengthen the amount of time required to review financial assurance mechanisms and therefore will not affect the Division’s budget. B) Local government: Affected: No _X__; Yes ___ It is anticipated that any cost or savings to local governments that may be involved in the management of used oil from the proposed rule changes will be negligible because the changes will not change which facilities managing used oil must register and local governments are exempt from having to submit financial assurance mechanisms to the Division. C) Small businesses ("small business" means a business employing fewer than 50 persons): Affected: No ___; Yes _X__ It is anticipated that any cost or savings to small businesses from the proposed rule will be negligible because the proposed rule does not change which facilities managing used oil must register or any requirements regarding financial assurance. D) Persons other than small businesses, businesses, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): Affected: No ___; Yes _X__ It is anticipated that any cost or savings to persons other than small businesses, businesses or local governments from the proposed rule will be negligible because the proposed rule does not change which facilities managing used oil must register or any requirements regarding financial assurance.

8. Compliance costs for affected persons: The proposed rule changes do not change which facilities managing used oil must register or how the Division has enforced this requirement. The proposed rule changes do not change any of the financial assurance requirements for facilities managing used oil. Potential compliance costs will be similar to those described above.

9. A) Comments by the department head on the fiscal impact the rule may have on businesses:

Page 53

The Division has consistently required facilities that collect used oil from household do-it-yourselfers to be registered with the Division and therefore this change to the rules only corrects an inadvertent change that potentially caused some confusion among readers of the rules and will have no fiscal impact on businesses. There are thirteen different types of financial assurance mechanisms that are submitted by various entities involved in the management of used oil. Some of these mechanisms are required, simply by the type of mechanism they are, to be submitted in duplicate or triplicate so that all entities involved, including the Division, have original, signed copies of the mechanism. This proposed rule change does not reduce any requirements for financial assurance; it simply allows the mechanism to dictate how many copies need to be submitted instead of the rule dictating the number. Therefore, the fiscal impact of the change is negligible. B) Name and title of department head commenting on the fiscal impacts: Alan Matheson, Executive Director

10. This rule change is authorized or mandated by state law, and implements or interprets the following state and federal laws. State code or constitution citations (required) (e.g., Section 63G-3-402; Subsection 63G-3-601(3); Article IV) : Section 19-6-704 Section 19-6-710 Section 19-6-705

11. This rule adds, updates, or removes the following title of materials incorporated by references (a copy of materials incorporated by reference must be submitted to the Division of Administrative Rules; if none, leave blank):

First Incorporation Second Incorporation

Official Title of Materials Incorporated (from title page)

Publisher

Date Issued

Issue, or version

ISBN Number (optional)

ISSN Number (optional)

Cost of Incorporated Reference

Action: Adds, updates, or removes

(If this rule incorporates more than two items by reference, please attach additional pages)

12. The public may submit written or oral comments to the agency identified in box 1. (The public may also request a hearing by submitting a written request to the agency. The agency is required to hold a hearing if it receives requests from ten interested persons or from an association having not fewer than ten members. Additionally, the request must be received by the agency not more than 15 days after the publication of this rule in the Utah State Bulletin. See Section 63G-3-302 and Rule R15-1 for more information.) A) Comments will be accepted until 5:00 p.m. on (mm/dd/yyyy): 03/05/2018 B) A public hearing (optional) will be held: On (mm/dd/yyyy): At (hh:mm AM/PM): At (place):

13. This rule change may become effective on (mm/dd/yyyy): 03/12/2018

Page 54

NOTE: The date above is the date on which this rule MAY become effective. It is NOT the effective date. After the date designated in Box 12(A) above, the agency must submit a Notice of Effective Date to the Division of Administrative Rules to make this rule effective. Failure to submit a Notice of Effective Date will result in this rule lapsing and will require the agency to start the rulemaking process over.

14. Indexing information -- keywords (maximum of four, in lower case, except for acronyms (e.g., "GRAMA") or proper nouns (e.g., "Medicaid"); may not include the name of the agency: Hazardous waste Used oil Registration Financial assurance


To the agency: Information requested on this form is required by Sections 63G-3-301, 302, 303, and 402. Incomplete forms will be returned to the agency for completion, possibly delaying publication in the Utah State Bulletin, and delaying the first possible effective date.


Date (mm/dd/yyyy):

eRules v. 2: ProposedRule.doc 09/03/2009 (http://www.rules.utah.gov/agencyresources/forms/ProposedRule.doc)

Page 55

DSHW-2017-011060 Attachments: DSHW-2017-011058 (Draft SCO) DSHW-2017-004903 (NOV)

1


EnergySolutions, LLC January11, 2018


Board?

This is a Stipulation and Consent Order (SCO) to resolve Notice of Violation No. 2017-1706012 issued to EnergySolutions on July 17, 2017 for a self-identified violation of Condition 5.a of Attachment II-10 of the state-issued Part B Hazardous Waste Permit.



On July 26, 2016, EnergySolutions notified the Director that for the previous two years, a synthetic polymer solution was not applied as a dust suppressant for exposed areas of waste, on a bi-weekly basis, during the required timeframes beginning on May 31st and ending on October 1st for each of those years. This resulted in 11 individual occurrences where application of dust suppressant was not applied. The violation has been corrected. The SCO includes a penalty of $50,689.00.



19-6-104(1)(f) of the Utah Solid and Hazardous Waste Act requires the Board to review settlements negotiated by the Director in accordance with Subsection 19-6-107(3)(a) that require a civil penalty of $25,000 or more.

Is Board action required? No, this is an informational item before the Board. The public comment period for this SCO began on December 27, 2017 and will end on January 29, 2018.


recommendation? The Director will provide a recommendation at the next Board meeting.


obtained?

For technical questions, please contact Otis Willoughby at (801) 536-0220. For legal questions, please contact Bret Randall at (801) 536-0284.

Page 56

---oo0oo---

In the Matter of EnergySolutions, LLC UTD982598898

: :

STIPULATION AND CONSENT ORDER No. 1708016

:

:

---oo0oo---

This STIPULATION AND CONSENT ORDER is issued by the Director of the Division of Waste Management and Radiation Control pursuant to the Utah Solid and Hazardous Waste Act (the Act), Utah Code §19-6-101, et seq. The Director has authority to issue such ORDERS in accordance with Utah Code §19-6-112.

JURISDICTION

1. The Director has jurisdiction over the subject matter of this STIPULATION AND

CONSENT ORDER pursuant to Utah Code §19-6-112 and jurisdiction over the Mixed Waste Facility owned and operated by EnergySolutions, LLC. EnergySolutions, LLC and the Director are the parties to this agreement.

2. The Waste Management and Radiation Control Board has authority to review this

STIPULATION AND CONSENT ORDER pursuant to Utah Code Ann. §19-6-104 (1)(f), and jurisdiction over EnergySolutions, LLC.

FINDINGS

3. EnergySolutions, LLC is a Utah Limited Liability Company authorized to conduct

business in the State of Utah (EnergySolutions).

4. EnergySolutions is a “person” as defined in UCA 19-1-103(4) and is subject to all applicable provisions of the Utah Solid and Hazardous Waste Act, the Utah Administrative Code and its Permit (as defined below).

5. EnergySolutions operates a commercial mixed waste treatment, storage and disposal

facility in Tooele County, Utah. Hazardous wastes that EnergySolutions is authorized to treat, store and dispose are identified in the facility’s Part B Permit originally issued on November 30, 1990 (the Permit), on file with the Utah Department of Environmental Quality, Division of Waste Management and Radiation Control (the Division). The permit was reissued effective April 4, 2003 and remains in full force and effect.

6. EnergySolutions generates listed and characteristic hazardous waste as defined by R315-

261 of the Utah Administrative Code.

Page 57

7. The Director issued NOTICE OF VIOLATION No. 1706012 (NOV) to EnergySolutions on July 17, 2017 alleging violations by EnergySolutions of the Permit based on findings self-identified and self-reported by EnergySolutions. The findings and conclusions of the NOV are incorporated herein by this reference.

8. EnergySolutions submitted a written response to the NOV on July 21, 2017.

STIPULATION AND CONSENT ORDER

9. The parties now wish to fully resolve the NOV identified without further administrative or judicial proceedings.

10. In full settlement of the violations alleged in NOV No. 1706012 identified above,

EnergySolutions shall pay the sum of $50,689 to the Utah Department of Environmental Quality, c/o Scott T. Anderson, Director, Division of Waste Management and Radiation Control, P. O. Box 144880, Salt Lake City, Utah, 84114-4880. This amount has been determined in accordance with the Waste Management and Radiation Control Board’s Civil Penalty Policy (R315-102 of Utah Administrative Code), which considers such factors as the gravity of the violation(s), the extent of deviation from the rules, the potential for harm to human health and the environment, economic benefit, good faith efforts to comply and other factors. Full payment shall be made within 30 days of the effective date of this STIPULATION AND CONSENT ORDER.

EFFECT OF STIPULATION AND CONSENT ORDER

11. For purposes of this STIPULATION AND CONSENT ORDER, the parties agree and

stipulate to the findings and conclusions set forth in the NOV and the above referenced facts. The stipulations contained herein are for the purposes of settlement and shall not be considered admissions by any party and shall not be used by any person related or unrelated to this STIPULATION AND CONSENT ORDER for purposes other than determining the basis of this STIPULATION AND CONSENT ORDER. Nothing contained herein shall be deemed to constitute a waiver by the State of its right to initiate enforcement action, including civil penalties, against EnergySolutions in the event of future non-compliance with this STIPULATION AND CONSENT ORDER, with the Act, with the Utah Administrative Code or with the Permit, nor shall the State be precluded in any way from taking appropriate action should such a situation arise at EnergySolutions’ facility. However, entry into this STIPULATION AND CONSENT ORDER shall relieve EnergySolutions of all liability for violations alleged in NOV No. 1706012.

EFFECTIVE DATE

This STIPULATION AND CONSENT ORDER shall become effective upon execution by EnergySolutions and the Director.

Page 58

Dated this _____day of _______________, 2017

EnergySolutions, LLC Division of Waste Management and Radiation Control

______________________________ _________________________________ Daniel B. Shrum, Senior Vice President Scott T. Anderson, Director

Page 59

PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER

EnergySolutions LLC NOV #: 1706012 prepared by: UDWMRCUTD982598898 NOV date: date prepared: August 14, 2017

1Polymer

application

1 $4,940MODERATE

MAJOR2 $113 $49,4004 $54,3405 -15%6 -$8,1517 $4,5008 $50,689

Total $50,689

Gravity based penalty from matrix (a) Potential for harm (b) Extent of deviationNumbers of occurancesMultiply line 1 by line 2 minus 1

violation description

Company Name: EPA ID#: July 17, 2017

violation number (from NOV)

Total lines 4,6 and 7

Percent decrease for good faithMultiply line 4 by line 5Calculate economic benefit

Add line 1 to line 3

Page 60

NARRATIVE EXPLANATION TO SUPPORT PENALTY AMOUNT FOR PROPOSED STIPULATION AND CONSENT ORDER NOV # 1706012 Violation Number 1 Violation description Polymer 1. Gravity Based Penalty (a) Potential for Harm - Moderate: EnergySolutions’ Clive facility is located in an area

known for wind. Wind dispersal of radioactive dust outside of the controlled area must be minimized. Failure to place appropriate dust suppression may have allowed contamination to spread. Mitigating factors include temporary cover on much of the Mixed Waste Landfill Cell and the receipt of debris rather than a majority of bulk wastes.

(b) Extent of Deviation – Major – For a period extending over two years, the Permittee

neglected to apply the polymer based dust suppression to the Mixed Waste Landfill Cell as required.

$4,940.00 (mid-range) (c) Multiple – 11 individual occurrences where application of dust suppression polymer was

not applied as required. $4,940.00 X 10 = $49,400.00 2. Adjustment Factors (if applicable)

(a) Good faith- 15% reduction in penalty for self-reporting violation.

($4,940.00 + $49,400.00) X (0.85) = $46,189.00 (b) Willfulness/Negligence- (c) History of Compliance or Noncompliance- (d) Ability to pay- (e) Other Unique Factors- 3. Economic Benefit- Facility documents indicate that the material cost savings for not

applying the polymer was $4,500. $4,500 + $46,189.00 = $50,689.00 4. Recalculation of Penalty based on New Information-

Total Penalty: $50,689.00

Page 61

Department ofEnvironmental Quality

Alan MathesonExecutive Director

DIVISION OF WASTE MANAGEMENTAND RADIATION CONTROL

Scott T. AndersonDirector

July 17,20T7

GARY R. HERBERTGovernor

SPENCERJ. COXLieutenant Governor

Vem C. Rogers, ManagerCompliance and PermittingEnergySolutions,LLC299 South Main Street, Suite 1700salt Lake city, UT 84111

Dear Mr. Rogers:

CERTIFIED MAILRETURN RECEIPT REOUESTED

7005 0390 0000 7508 5456

RE: Notice of ViolationuTD982598898

Dear Mr. Rogers:

Enclosed is a NOTICE OF VIOLATION (NOV) based on a letter dated July 26,2016 documenting self-reported non-compliance.

In this letter, EnergySolutions documented that it had failed to apply polymer to the Mixed WasteLandfill Cell as required by Condition 5.a. of Attachment II-10, Planfor Controlling Wind Dispersal.This condition states ooon

a bi-weekly basis (once every two weeks) beginning May 3l't and endingOctober lst, the Permittee shall spray a polymer solution on exposed areas of waste within the MixedWaste Landfill Cell that have been disturbed in the previous two weeks. For a dust suppression agent,the Permittee shall apply a polymer-based stabilizer in accordance with the manufacturer'sspecification."

Procedures for contesting this NOV are provided in the NOV. If you have any questions, please callOtis Willoughby at (801) 536-0220.

Scott T. Anderson, DirectorDivision of Waste Management and Radiation Control

I 95 North 1950 West . Salt take City, UTMailing Address: P.O. Box 144880 . Salt lake City, UT 84114-4880

Telephone (801) 536-0200. Fax (801) 536-0222. T.D.D. (801) 5364284twoto.deqttah.goo

Printed on 100% recycled paper

DSHW-2017404903

(Over)

Page 62

STA/OHWjr

Enclosure: Notice of Violation No. 2017-1706012

c: Jeff Coombs, EHS, Health Officer, Tooele County Health DepartmentBryan Slade, Environmental Health Director, Tooele County Health DepartmentDavid Duster, U.S. EPA, Region VIII, ENF-R

Page 63

---oo000---

In the Matter of:

EnergySolutions,LLCuTD982598898

NOTICE OF VIOLATION

No.2017-1706012

---oo0oo---

This NOTICE OF VIOLATION (NOD is issued by the Director of the Division of WasteManagement and Radiation Control pursuant to the Utah Solid and Hazardous Waste Act (the "Act"),Utah Code Annotated 19-6-101 , et seq. The Director has authority to issue such NOTICES inaccordance with Utah Code Annotated 19-6-112.

FINDINGS

l. EnergySolutions, LLC is a Utah limited liability company licensed to do business in the State ofUtah. EnergySolutions is the owner and operator of the Clive Mixed Waste Facility located at

Clive, UT.

2. EnergySolutions is a "person" as defined in Utah Code Annotated 19-1-103(4) and is subject to allapplicable provisions of the Act, the Utah Administrative Code and the Permit issued toEnergySolutions as owner and operator of the Clive Mixed Waste Facility.

3. EnergySolutions operates a commercial mixed hazardous waste treatrnent, storage and disposalfacility near Clive in Tooele County, Utah (the "Mixed Waste Facility'').

4. EnergySolutions documented and reported an incident of non-compliance with certain permitconditions during 20I 4 -201 6.

5. Condition 5.a. of Attachment II-10, Planfor Controlling Wind Dispersal states "on a bi-weeklybasis (once every two weeks) beginning May 31" and ending October 1st, the Permittee shall spraya polymer solution on exposed areas of waste within the Mixed Waste Landfill Cell that have beendisturbed in the previous two weeks. For a dust suppression agent, the Permittee shall apply a

polymer-based stabilizer in accordance with the manufacturer's specification."

Contrary to this requirement, EnergySolutions notified the Director on July 26,2016 that thepolymer was not applied for the period from at least August 1, 2014 until July 26,2016.

6. The Permittee initiated three Condition Reports and submitted a Close-Out letter to the Director onSeptember 30,2016 documenting corrective action taken to correct this issue.

DETERMINATION OF VIOLATION

Based on the foregoing FINDINGS, Energy,Solutions has violated provisions of the Permit applicable toits facility. Specifically, Energy,So lutions has violated the following:

7. Condition 5.a. of Attachment II-10, Controlling l4/ind Dispersalby failing to apply a polymer fordust suppression to the Mixed Waste Landfill Cell.

Page 64

8.

CONTESTING THIS NOV

This NOV is effective immediately and shall become final in 30 days from the date of issuance

unless contested by filing a written Request for Agency Action in accordance with R305-7-303 ofthe Utah Administrative Code. Filing a request for a hearing or a general statement ofdisagreement is not sufficient under 63G-4-201(3Xa) of the Utah Code to preserve

EnergySolutions' right to contest this NOV. A Request for Agency Action must include theinformation specified in R305-7-203 of the Utah Administrative Code. NOV contest proceedings

are also governed by Section l9-l-301 of the Utah Code.

Failure to file a Request for Agency Action within the period provided waives any right ofadministrative contest, reconsideration, review or judicial appeal. An extension is only availableunder R305-7-303(5) of the Utah Administrative Code.

Utah Code Annotated 19-6-113(2) provides that violation of any order, plan, rule or otherrequirement issued or adopted under Title 19, Chapter 6, Part 1 may be subject to a civil penalty ofup to $13,000 per day for each day of violation.

9.

10.

Dated ,n" (7& dayofJuly ,2017

Division of Waste Management and Radiation Control

Page 65

CERTIFICATE OF MAILING

I HEREBY CERTIFY that I mailed a true and correct copy of the foregoing NOTICE OFVIOLATION No. 2017-1706012 on the 17th day of July, 2017 by US Certified Mail, Returnreceipt Requested, to:

Vern C. RogersEnergySolutions, LLC299 South Main Street, Suite 1700Salt Lake City, Utah 84111

Page 66

ffiffiffi$ffi9&$* e,$ sffiPodlage

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Page 67

Codified Mail Provides:--A;irA'iifo'rEE6ipt''-'-*' (G)eee/zoodeuna'oo€€rrorsdI A unhus ldentfier for your mailpiece. A r€ood ot dellrcry kept by the postal SeMce for two yearstmmrtant Remlnd€|ra:I Certified Mail may ONLY be combined with First-Ctass Mail6 or priority Mait6.I Csrtiffed Mall ls notavailable for any class of intemational mail.r NO INSUMNCE COVERAGE tS PROVIDED wirh Cerrifi€d Mait. For

valuables, please consider Insur€d or RsgistE €d Mta.I For an aglditioftd fg€, a Rqtum. Receiptmay bo requ€sted lo provide proot ofqetvery Io-oltdn R€tum Receipt seru'rce, pfease cd-mptrire aidaitaCti i'Ctirirni

Heog|pr (t tr Form gall) to thg article and add applic€tble oostaoe to cover thet€€. Endol€e maitpteoo 'Reu||.Egceipt Reque6tajd". To retbivE d'fee waiver forg-ggp_lic_at€ retim r€coipt, a USpqD podmdri on yi,ut C-e'diiad-Mat;ecaiiriErequrreo.

r Fgr. an addltional fee, dellvery may be restricted to th6 addr€ssee oraddressee'8 aqlhorlzed aggnt Ad{se the clerk or mark the mailpiece with the€ndorsement' RestictedDelivery'.

r lf.a pqslmark on the Cqrtifi€d Mail receipt is desired, Dlease or€sent ths arti-c|€ ar m6 posr orfloe for postmarking.' It a postmark on th'e certifigd Mailrecaipt ls nol needed, detach and attii label with postago and mail.

lilP0RTAllT: Save this recalpt and pressnl it when makino an inouirv.Internol accsss l0 dellvery lillormatlon ls not auallabls o-n daii-- 'addressod to APos and FFos.

Page 68

First-Class Mail

[Sff"& Fees Paid

,P,egnit No. G-10

urureo srnre#bafiLbtlrt/bd:rf'Y I ll ll I

' Sender: Please print your name, address, and ZIP+4 in this box '

UTAH DIVISION OF WASTE MANAGEMENTAND RADIATION CONTROL

PO BOX 1448€,0SALT LAKE CITY UT 84114-48fl0rerure|SERT'GEtrQUESTED

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r Complste iterns 1,2, and 3. Also completeItem 4 if Restslcted Ddfv€ry b d€elr€d.

r Print your narno and addre on the"G\rerse"so that we can rstum the card to you.

r Attach this card to the back of the mailplece,or on the fiont if space permits.

1. ArtlcleAddresedto:_.---*

VERN C ROGERS', ITANAGERI PERurrrrNG E coupr.lewcgENERGISOL TIONS LIC299 SOUTH UAITS S1REET SIIITE

'SALT r"AKE CrTt tlr 84111

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C. Meol/r

D. lsdelivryaddressdifis.€ntdn ibm 1? fl Yes

It YEs, erlter delivery addrcss below: E tto

El InsuFdMall E c.oD.4, R€silfctod D€/,brd\/l (E)ftaF@) f] Yes

2. Article Number

fia*rtqnPS Form 3811, feUruary ZOO+ Dom€sdc ReOIm Recelpt roeseo@-rr-l6afr

Page 70

Documents

State of Utah Waste Management and Radiation Control Board Telephonic Meeting Anchor Location: Utah Department of Environmental Quality 195 North 1950 West (Red Rocks Conference Room