The Utah Hazardous Waste Act, specifically referencing the Utah Administrative Code (UAC) R315-3, outlines the requirements for hazardous waste generators. When a generator’s waste exhibits a characteristic of hazardous waste, such as ignitability, corrosivity, reactivity, or toxicity, it is classified as hazardous waste. The determination of whether a waste exhibits a characteristic is typically made through testing or knowledge of the waste’s properties. UAC R315-3-5 details the procedures for identifying hazardous waste. If a waste is determined to be hazardous, the generator must comply with all applicable generator requirements, including obtaining an EPA identification number, managing the waste in accordance with the regulations, and properly manifesting the waste for off-site shipment. The specific quantity of hazardous waste generated per month dictates the generator status (e.g., small quantity generator, large quantity generator), which in turn determines the stringency of the management and reporting requirements. For a waste to be considered hazardous under Utah law, it must meet the criteria defined in UAC R315-3-5. This includes the possibility of a waste being hazardous due to its ignitability, corrosivity, reactivity, or toxicity. If a facility generates 100 kilograms or more of hazardous waste in a calendar month, it is considered a large quantity generator. Small quantity generators typically generate between 100 and 1,000 kilograms of hazardous waste per month. Very small quantity generators generate less than 100 kilograms per month. The correct option reflects the fundamental principle that a waste is hazardous if it meets the defined characteristics or is listed by the regulatory agency, and that generator status is determined by monthly generation quantities, impacting compliance obligations.

The Utah Hazardous Waste Act, specifically Utah Administrative Code (UAC) R315-3, outlines requirements for the management of hazardous waste. When a generator discovers that they have significantly overfilled a hazardous waste container, they are subject to specific notification and corrective action procedures. UAC R315-3-5(3)(b) details that a generator must notify the Director of the Division of Solid and Hazardous Waste within 24 hours of discovery if a container holding hazardous waste is found to be leaking or if it has been opened without the proper authorization. The scenario describes a container being “significantly overfilled,” which implies a potential for leakage or compromised containment, thus triggering the notification requirement. The generator’s responsibility extends to immediately taking corrective action to stop the release and clean up any spilled material, as mandated by UAC R315-3-5(3)(c). Therefore, the generator must notify the Division within 24 hours and immediately implement corrective actions to address the overfilled and potentially compromised container.

The Utah Hazardous Waste Management Act, specifically concerning the management of hazardous waste, defines a generator based on the quantity of hazardous waste produced within a calendar month. For a small quantity generator (SQG), the threshold is producing more than 100 kilograms but less than 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acute hazardous waste per month. A large quantity generator (LQG) is defined as a generator who produces 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acute hazardous waste per month. An exception exists for generators who accumulate waste on-site for less than 90 days; if they meet certain criteria, they may be classified as SQGs even if their monthly generation rate would otherwise classify them as LQGs. However, the question specifies that the facility *consistently* generates 950 kilograms of hazardous waste per month and *never* accumulates waste on-site for longer than 75 days. This consistent generation of 950 kg/month places the facility above the 100 kg threshold and below the 1,000 kg threshold for monthly hazardous waste generation. The accumulation period of 75 days is less than the 90-day threshold for potentially qualifying for SQG status even if monthly generation was higher. Therefore, based on the consistent monthly generation rate of 950 kilograms, the facility falls squarely within the definition of a small quantity generator under Utah’s hazardous waste regulations.

The Utah Hazardous Waste Act, specifically R311-20-1, outlines the requirements for hazardous waste generator status. A small quantity generator (SQG) is defined by the quantity of hazardous waste they generate per month. For liquids, the threshold is greater than 100 kilograms (kg) but less than 1,000 kg per month. For solids, the threshold is greater than 100 kg but less than 1,000 kg per month. For acute hazardous wastes, the threshold is less than or equal to 1 kg per month. In the scenario presented, the facility generates 150 kg of non-acute hazardous waste and 0.5 kg of acute hazardous waste in a calendar month. The non-acute waste falls within the SQG range (100 kg < 150 kg < 1000 kg). The acute hazardous waste is below the 1 kg threshold for acute hazardous waste generators. Therefore, the facility qualifies as a small quantity generator based on the combined generation of non-acute hazardous waste. The key is that the generation of non-acute hazardous waste dictates the generator status when acute hazardous waste generation is below its specific threshold. Understanding these thresholds and the distinction between acute and non-acute hazardous waste is crucial for compliance with Utah's hazardous waste regulations.

Utah’s hazardous waste regulations, primarily found in the Utah Administrative Code R315, govern the management of hazardous waste. When a generator discovers that they have significantly exceeded their hazardous waste generator category limits, they must take specific actions. The transition from a small quantity generator (SQG) to a large quantity generator (LQG) is a critical regulatory trigger. An SQG, as defined by R315-2-2, can generate up to 1,000 kilograms (2,200 pounds) of hazardous waste per month. If, in a single month, an SQG generates more than this limit, they are reclassified as an LQG for that month and subsequent months until they can demonstrate a return to SQG status. Upon exceeding the LQG threshold, the generator must notify the Utah Department of Environmental Quality (DEQ) within 30 days of the exceedance. Furthermore, they must comply with all LQG requirements, including obtaining an EPA identification number, adhering to stricter storage limits and timeframes, ensuring proper personnel training, and preparing a contingency plan. The prompt indicates a generator who was previously operating as an SQG and in a specific month generated 1,500 kg of hazardous waste. This quantity exceeds the 1,000 kg limit for SQGs. Therefore, the generator must immediately begin operating under LQG requirements and notify the DEQ within 30 days of this change in status. The question tests the understanding of the immediate regulatory implications of exceeding generator category limits in Utah.

The Utah Hazardous Waste Management Act, specifically Utah Administrative Code R311-203, governs the management of hazardous waste. This regulation details requirements for hazardous waste generators, including the identification and classification of hazardous waste. A generator is responsible for determining if their waste is hazardous. This determination involves consulting the definitions of hazardous waste provided in R311-203-201 and the characteristic waste criteria outlined in R311-203-202. If a waste exhibits any of the characteristics of ignitability, corrosivity, reactivity, or toxicity, it is considered hazardous. Furthermore, R311-203-201 lists specific wastes that are identified as hazardous by listing. For a generator to properly manage their waste, they must first correctly classify it according to these rules. This classification dictates the subsequent management requirements, such as storage, labeling, manifesting, and transportation, all of which are subject to strict regulatory oversight by the Utah Department of Environmental Quality. Failure to correctly classify hazardous waste can lead to significant penalties and environmental harm. The process involves a thorough understanding of the waste’s properties and composition.

The Utah Hazardous Waste Management Act, specifically under Utah Administrative Code R315-3, addresses the management of hazardous waste. When a generator discovers that they have significantly more hazardous waste than they reported on their biennial report, the primary regulatory expectation is not to immediately cease operations or simply notify the agency. Instead, the generator must take proactive steps to manage this excess waste in compliance with applicable regulations. This involves accurately characterizing the excess waste, determining the appropriate management standards (e.g., storage, treatment, disposal), and ensuring that all manifest requirements and record-keeping obligations are met. The Utah Department of Environmental Quality (DEQ) expects prompt and accurate reporting of such discrepancies. Therefore, the most appropriate initial action is to prepare and submit a revised biennial report reflecting the actual waste generation and to ensure the excess waste is managed according to its hazardous waste classification, which may involve obtaining necessary permits or complying with specific storage conditions. This demonstrates a commitment to compliance and responsible hazardous waste management.

The Utah Hazardous Waste Program, administered by the Utah Department of Environmental Quality (UDEQ), primarily adopts and enforces regulations that are substantially similar to the federal Resource Conservation and Recovery Act (RCRA) regulations. This includes the identification and management of hazardous wastes. A critical aspect of this program is the classification of waste as hazardous. Under RCRA and its state-specific implementations, a solid waste becomes a hazardous waste if it is specifically listed by the Environmental Protection Agency (EPA) or if it exhibits one or more hazardous characteristics: ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is determined by the Toxicity Characteristic Leaching Procedure (TCLP). If a waste fails the TCLP test for any of the regulated constituents, it is classified as a hazardous waste. The question describes a waste generated by a chemical manufacturing process in Utah that, when subjected to the TCLP, shows a concentration of lead exceeding the regulatory limit. This failure to meet the TCLP standard for lead unequivocally classifies the waste as a hazardous waste under the toxicity characteristic. Therefore, the waste is regulated as hazardous waste from the point of generation. This classification triggers stringent requirements for storage, transportation, treatment, and disposal, as mandated by both federal RCRA and Utah’s implementing regulations. The presence of lead above the TCLP threshold is a direct indicator of hazardousness, irrespective of whether the waste is listed or exhibits other characteristics.

The Utah Hazardous Waste Management Act, specifically under R311-20-14, governs the management of hazardous waste. When a facility generates hazardous waste that is not listed in R311-20-14, the generator must determine if the waste exhibits any of the hazardous characteristics: ignitability, corrosivity, reactivity, or toxicity. For toxicity, the generator must use the Toxicity Characteristic Leaching Procedure (TCLP) test as outlined in R311-20-14(2)(a)(iv). This test simulates leaching in a landfill. If the TCLP extract concentration for any of the specified constituents exceeds the regulatory limits, the waste is classified as hazardous due to toxicity. In this scenario, the waste exhibits ignitability as per R311-20-14(2)(a)(i) because its flash point is below 60°C (140°F). This characteristic alone is sufficient to classify the waste as hazardous, irrespective of whether it meets toxicity criteria or if it’s a listed waste. Therefore, the generator must manage this waste in accordance with Utah’s hazardous waste regulations for ignitable hazardous waste.

Utah Administrative Code R315-3-1 defines a “facility” as all contiguous units of land and structures, appurtenances, and improvements on the land used to manage hazardous waste. Management includes the treatment, storage, or disposal of hazardous waste. A “contiguous unit” refers to land that is connected or adjoining. Therefore, if a business operates multiple distinct parcels of land, even if they are used for hazardous waste management and are under common ownership or control, they would constitute separate facilities if they are not contiguous. This distinction is crucial for permitting and regulatory oversight under Utah’s hazardous waste program, which is authorized by the U.S. Environmental Protection Agency under the Resource Conservation and Recovery Act (RCRA). The definition emphasizes the physical adjacency of land and associated structures as the primary determinant of whether a single or multiple facilities are involved. This approach ensures that regulatory boundaries align with the physical reality of waste management operations.

The Utah Hazardous Waste Act, specifically through its implementing regulations found in the Utah Administrative Code (UAC) R315-3, outlines requirements for the management of hazardous waste. A key aspect is the definition of hazardous waste itself, which is primarily determined by either being listed by the U.S. Environmental Protection Agency (EPA) or by exhibiting one or more hazardous characteristics: ignitability, corrosivity, reactivity, or toxicity. For a waste to be considered hazardous due to toxicity, it must fail the Toxicity Characteristic Leaching Procedure (TCLP) for specific contaminants listed in UAC R315-3-10(5)(d). This procedure simulates the leaching that occurs when waste is disposed of in a landfill. If the concentration of any of the specified contaminants in the leachate exceeds the regulatory limits, the waste is classified as toxic hazardous waste. The question probes the understanding of this characteristic-based definition and the specific regulatory mechanism used for its determination in Utah.

The Utah Hazardous Waste Management Act, specifically under Utah Administrative Code R315-3, addresses the management of hazardous waste. When a generator of hazardous waste seeks to store that waste on-site for a period longer than the standard allowance, they must obtain a storage permit or operate under an interim status. Interim status is granted to facilities that were in existence on November 19, 1980, and have applied for a permit under the Resource Conservation and Recovery Act (RCRA) or its state equivalent. This provision allows facilities to continue operating while their permit application is being reviewed, provided they meet certain requirements. The question asks about the regulatory pathway for a facility that *begins* generating hazardous waste after the effective date of the regulations and wishes to store it on-site for an extended period. Such a facility would not qualify for interim status, as that is reserved for pre-existing facilities. Therefore, the primary mechanism for legal on-site storage beyond the generator accumulation time limits for new facilities is the requirement to obtain a hazardous waste storage permit from the Utah Department of Environmental Quality. This permit process involves a thorough review of the facility’s operations, waste management practices, emergency preparedness, and closure plans to ensure compliance with environmental protection standards. Operating without the necessary permit or interim status would constitute a violation of Utah’s hazardous waste regulations.

The Utah Hazardous Waste Management Act, specifically Utah Code Annotated Title 19 Chapter 6 Part 1, establishes the framework for regulating hazardous waste. A critical aspect of this act is the definition and management of “hazardous waste” itself. This definition is crucial for determining which materials fall under the stringent requirements of the Act, including permitting, manifesting, and disposal standards. Utah’s definition aligns with federal definitions under the Resource Conservation and Recovery Act (RCRA), but it also allows for state-specific additions or clarifications. For a waste to be classified as hazardous under Utah law, it must meet certain criteria, often related to its ignitability, corrosivity, reactivity, or toxicity, or be a listed hazardous waste. The determination of whether a waste is hazardous is a fundamental step in the regulatory process, influencing all subsequent management activities. This process often involves laboratory analysis and a thorough understanding of the waste’s chemical properties and potential environmental and health impacts, as outlined in Utah Administrative Code R311.

The Utah Hazardous Waste Act, specifically Utah Administrative Code R315-3, outlines the requirements for hazardous waste generators. For a conditionally exempt small quantity generator (CESQG), which is now referred to as a very small quantity generator (VSQG) under federal EPA regulations adopted by Utah, the accumulation time limit is 180 days. This limit can be extended to 270 days if the generator must transport their waste over 200 miles to a treatment, storage, or disposal facility. The key is that the total quantity of hazardous waste generated per month does not exceed 100 kilograms (approximately 220 pounds) and the total monthly generation of acute hazardous waste does not exceed 1 kilogram (approximately 2.2 pounds). The scenario describes a facility generating 75 kilograms of non-acute hazardous waste per month. This quantity falls within the VSQG threshold. The question asks about the maximum accumulation period allowed for this generator. Based on R315-3-5, a VSQG can accumulate hazardous waste on-site for 180 days. If the waste must be transported more than 200 miles, this period is extended to 270 days. Since the scenario does not specify the transport distance, the baseline maximum accumulation period for a VSQG is 180 days.

Utah’s Hazardous Waste Management Act, specifically Utah Administrative Code (UAC) R315-3, addresses requirements for hazardous waste generators. A key aspect is the determination of generator status, which dictates the regulatory burden. The UAC R315-3-5 outlines the criteria for classifying generators based on the quantity of hazardous waste produced per month. A very small quantity generator (VSQG) generates 100 kilograms or less of hazardous waste per month, or 1 kilogram or less of acutely hazardous waste per month. A small quantity generator (SQG) generates more than 100 kilograms but less than 1,000 kilograms of hazardous waste per month. A large quantity generator (LQG) generates 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acutely hazardous waste per month. In this scenario, the facility generates 150 kilograms of hazardous waste and 0.5 kilograms of acutely hazardous waste in a given month. The 150 kilograms of hazardous waste places it beyond the VSQG threshold of 100 kg. However, the 0.5 kilograms of acutely hazardous waste is below the 1 kilogram threshold for acutely hazardous waste. Therefore, the facility’s generator status is determined by the non-acute hazardous waste quantity, classifying it as a small quantity generator.

The Utah Hazardous Waste Act, specifically Utah Administrative Code (UAC) R315-3, outlines the requirements for hazardous waste generators. A conditionally exempt small quantity generator (CESQG) is defined as a generator who meets certain criteria regarding the amount of hazardous waste produced per month. For a generator to qualify as a CESQG, they must produce no more than 100 kilograms (approximately 220 pounds) of hazardous waste per month, and no more than 1 kilogram (approximately 2.2 pounds) of acutely hazardous waste per month. Additionally, CESQGs must not accumulate more than 1,000 kilograms (approximately 2,200 pounds) of hazardous waste at any time. These exemptions are contingent upon adherence to specific management standards, including proper identification, labeling, and accumulation time limits, as well as ensuring waste is sent to a permitted facility. Failure to meet any of these criteria would reclassify the generator into a higher category, such as a small quantity generator or a large quantity generator, triggering more stringent regulatory requirements under the Utah Department of Environmental Quality. The core principle is that these exemptions are designed for very small-scale operations that pose a minimal risk to human health and the environment when managed appropriately.

The Utah Hazardous Waste Management Act, specifically Utah Code Title 19, Chapter 6, Part 1, outlines the responsibilities and requirements for managing hazardous waste within the state. This act grants the Utah Department of Environmental Quality (DEQ) the authority to implement and enforce regulations that align with, and can be more stringent than, federal Resource Conservation and Recovery Act (RCRA) regulations. When a facility generates hazardous waste, it must first determine if it qualifies as a small quantity generator (SQG) or a large quantity generator (LQG) based on its monthly generation rate. For SQGs, the monthly generation of hazardous waste is between 100 and 1,000 kilograms. LQGs generate 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acutely hazardous waste per month. The regulatory requirements, including storage limits, personnel training, contingency planning, and reporting, escalate with the generator status. A facility that consistently generates 1,200 kilograms of hazardous waste per month and stores it on-site for 90 days would be classified as a large quantity generator. This classification triggers the most comprehensive set of management and compliance obligations under Utah’s hazardous waste program. The distinction is crucial because it dictates the specific operational standards, record-keeping, and emergency preparedness measures a facility must adhere to, ensuring the protection of human health and the environment.

The Utah Hazardous Waste Management Act, specifically referencing Utah Administrative Code (UAC) R315-3, governs the management of hazardous waste within the state. This section outlines the requirements for hazardous waste generators, including the determination of hazardous waste. A generator must determine if their waste is hazardous by either testing or by knowledge of the waste. If a waste exhibits any of the characteristics of hazardous waste as defined in UAC R315-3-2, it is considered hazardous. These characteristics include ignitability, corrosivity, reactivity, and toxicity. If a waste does not meet any of these characteristic definitions, and is not a listed hazardous waste, it is considered non-hazardous. The scenario describes a waste that, when tested according to UAC R315-3-2, does not exhibit any of the four hazardous characteristics. Therefore, the generator is not obligated to manage it as a hazardous waste under the Utah Hazardous Waste Management Act.

The Utah Hazardous Waste Act, specifically referencing the Utah Administrative Code (UAC) R315-3, outlines the requirements for hazardous waste generators. A key aspect is the determination of generator status, which dictates the applicable regulatory standards. Small Quantity Generators (SQGs) are defined by specific accumulation limits. According to UAC R315-3-5, an SQG is a generator who generates less than 1,000 kilograms (kg) of hazardous waste per month, and who does not accumulate more than 6,000 kg of hazardous waste at any one time. Furthermore, an SQG must not accumulate more than 1 kg of acutely hazardous waste or 100 kg of any residue or contaminated debris from the treatment, storage, or disposal of acutely hazardous waste at any one time. If a generator exceeds these thresholds at any point during a calendar month, they are considered a Large Quantity Generator (LQG) for that month and must comply with LQG requirements. The scenario describes a facility that produces 800 kg of hazardous waste in a month. This amount is below the 1,000 kg monthly threshold for SQGs. Crucially, the scenario does not mention any accumulation of acutely hazardous waste or residues thereof exceeding the specified limits for SQGs. Therefore, based on the provided information and the regulations governing generator status in Utah, the facility qualifies as a Small Quantity Generator.

The Utah Hazardous Waste Act, specifically the rules promulgated by the Utah Department of Environmental Quality (DEQ), establishes a framework for managing hazardous waste. A critical aspect of this framework is the generator’s responsibility to determine if a solid waste is a hazardous waste. This determination process involves consulting the lists of hazardous wastes (F, K, P, and U lists) and evaluating characteristic hazardous wastes (ignitability, corrosivity, reactivity, and toxicity). If a solid waste is not a listed hazardous waste and does not exhibit any of the hazardous characteristics, it is considered a non-hazardous solid waste. The generator bears the burden of proving that their waste is not hazardous. The Utah Administrative Code (UAC) R315-3 defines hazardous waste and outlines the generator’s responsibilities. Specifically, UAC R315-3-101 details the criteria for identifying hazardous waste, including the lists and characteristics. If a waste is determined to be hazardous, the generator must comply with all applicable requirements for hazardous waste management, including obtaining an EPA identification number, manifesting shipments, and meeting storage and treatment standards. The scenario presented describes a waste that has been analyzed and found not to meet the criteria for ignitability, corrosivity, reactivity, or toxicity, nor is it found on the F, K, P, or U lists. Therefore, it is correctly classified as a non-hazardous solid waste under Utah’s regulatory scheme.

The Utah Hazardous Waste Management Act, specifically Utah Administrative Code (UAC) R315-3, outlines requirements for the identification and management of hazardous waste. When a generator discovers that they have been managing hazardous waste in a manner that is not in compliance with these regulations, they are obligated to take immediate corrective action. This includes notifying the Utah Department of Environmental Quality (DEQ) and implementing a plan to bring the operations into compliance. UAC R315-3-5 details the responsibilities of hazardous waste generators, including the requirement to manage waste in a manner that prevents harm to human health and the environment. This involves proper containment, labeling, and disposal. If a generator discovers a past non-compliance, such as mischaracterization of waste or improper storage, they must report this to the regulatory authority and take steps to rectify the situation, which could involve proper re-classification, treatment, or disposal of the improperly managed waste. The concept of “corrective action” is central to ensuring ongoing compliance and mitigating any potential environmental impact from past deviations. This process is not about immediate cessation of all operations unless the non-compliance poses an imminent danger, but rather about diligent and prompt remediation and a return to full regulatory adherence.

Utah’s Hazardous Waste Management Act, particularly as it aligns with the Resource Conservation and Recovery Act (RCRA) framework, establishes a cradle-to-grave management system for hazardous waste. This system includes stringent requirements for generators, transporters, and treatment, storage, and disposal facilities (TSDFs). A critical aspect of this management is the identification and tracking of hazardous waste. The manifest system is the primary tool for this tracking, ensuring that hazardous waste is accounted for from its point of generation to its final disposition. If a manifest is not returned to the generator within a specified period, indicating that the waste has not reached its intended destination, the generator has a legal obligation to investigate the whereabouts of the shipment. This investigation is a proactive measure to ensure compliance and prevent improper disposal or abandonment of hazardous waste. The Utah Department of Environmental Quality (DEQ), through its Division of Solid and Hazardous Waste, oversees these activities and enforces these regulations. Failure to conduct such an investigation can result in penalties. The timeframe for manifest return is typically 35 days, after which the generator must initiate an inquiry.

The Utah Hazardous Waste Act, primarily codified in Utah Code Title 19, Chapter 6, Part 1, establishes the framework for managing hazardous waste within the state. This act grants the Utah Department of Environmental Quality (DEQ), through its Division of Solid and Hazardous Waste, the authority to implement and enforce regulations that are at least as stringent as the federal Resource Conservation and Recovery Act (RCRA). When a generator produces hazardous waste, they are assigned a generator status based on the quantity of hazardous waste produced per month. This status dictates the specific management and reporting requirements they must adhere to. For instance, very small quantity generators (VSQGs) have the least stringent requirements, while large quantity generators (LQGs) face the most comprehensive obligations. These obligations include obtaining an EPA identification number, adhering to accumulation time limits, proper labeling and container management, manifest system usage for off-site transportation, record-keeping, and reporting. The specific requirements are detailed in Utah Administrative Code (UAC) R315-3, which mirrors RCRA’s generator categories and requirements. The core principle is cradle-to-grave management, ensuring that hazardous waste is tracked and managed safely from its generation to its final disposal. Understanding these generator categories and their associated responsibilities is fundamental to compliance with Utah’s hazardous waste program.

Utah’s Hazardous Waste Management Act, primarily governed by Utah Administrative Code (UAC) R315, establishes a framework for the generation, transportation, treatment, storage, and disposal of hazardous waste. A key aspect of this framework involves the identification and classification of hazardous wastes. UAC R315-301-302 outlines the criteria for determining if a solid waste is hazardous. This determination is based on whether the waste exhibits characteristics of hazardous waste (ignitability, corrosivity, reactivity, toxicity) or if it is listed as a hazardous waste by the U.S. Environmental Protection Agency (EPA) or the Utah Department of Environmental Quality (DEQ). Specifically, the toxicity characteristic is determined through the Toxicity Characteristic Leaching Procedure (TCLP), as described in UAC R315-301-302(4). If a waste fails the TCLP for any of the specified constituents at or above the regulatory levels, it is classified as a hazardous waste. Therefore, the critical step in determining if a waste generated in Utah is hazardous, beyond general characteristics, is its classification under the specific toxicity characteristic leaching procedure or its inclusion on a listed hazardous waste stream. The absence of a specific Utah-only listing does not exempt a waste from being hazardous if it meets federal criteria or exhibits a characteristic, nor does the fact that it is a solid waste under Utah Solid Waste Management Act if it also meets hazardous waste criteria.

The Utah Hazardous Waste Management Act, particularly Utah Administrative Code R311-201-101, addresses the definition and management of hazardous waste. A key aspect is the classification of waste. Under Utah law, a solid waste is presumed to be hazardous if it exhibits any of the characteristics of hazardous waste: ignitability, corrosivity, reactivity, or toxicity. For toxicity, the Toxicity Characteristic Leaching Procedure (TCLP) is used. If a waste leaches specific contaminants above regulatory thresholds, it is classified as hazardous. In this scenario, the laboratory analysis of the waste from the manufacturing process at “Apex Manufacturing” in Salt Lake City revealed that a specific heavy metal, lead, was present in the leachate at a concentration of 12 mg/L. The regulatory limit for lead under the toxicity characteristic, as defined by Utah’s adoption of federal EPA standards, is 5 mg/L. Since the measured concentration of lead (12 mg/L) exceeds the regulatory threshold (5 mg/L), the waste exhibits the characteristic of toxicity. Therefore, the waste generated by Apex Manufacturing is classified as hazardous waste under Utah law, requiring management in accordance with the Act and its associated rules, including manifesting, storage, treatment, and disposal requirements applicable to hazardous waste. The concept of “cradle-to-grave” management, mandated by both federal and state hazardous waste laws, dictates that responsibility for hazardous waste remains with the generator from its creation until its ultimate disposal. This classification triggers significant regulatory obligations for Apex Manufacturing.

The Utah Hazardous Waste Management Act, specifically Utah Administrative Code (UAC) R311-203, outlines requirements for hazardous waste generators. A key aspect is the determination of generator status, which is based on the quantity of hazardous waste generated per month. Very Small Quantity Generators (VSQGs) generate 100 kilograms or less of hazardous waste per month, or 1 kilogram or less of acute hazardous waste per month. Small Quantity Generators (SQGs) generate between 100 and 1,000 kilograms of hazardous waste per month. Large Quantity Generators (LQGs) generate 1,000 kilograms or more of hazardous waste per month. In this scenario, the facility generates 150 kilograms of non-acute hazardous waste and 0.5 kilograms of acute hazardous waste per month. The threshold for VSQG status regarding non-acute hazardous waste is 100 kg/month. Since the facility generates 150 kg of non-acute hazardous waste, it exceeds the VSQG limit for this category. The threshold for VSQG status regarding acute hazardous waste is 1 kg/month. The facility generates 0.5 kg of acute hazardous waste, which is below this threshold. However, the generator status is determined by the *highest* category applicable. Since the 150 kg of non-acute hazardous waste falls into the SQG category (100-1000 kg/month), the facility is classified as a Small Quantity Generator, not a VSQG. Therefore, the facility must comply with the regulations applicable to SQGs, which include requirements for storage, record-keeping, and personnel training, as well as manifesting shipments of hazardous waste.

The Utah Hazardous Waste Management Act, specifically Utah Administrative Code (UAC) R311-201, outlines the requirements for hazardous waste generators. A critical aspect is the determination of generator status, which dictates the applicable regulatory standards. Small Quantity Generators (SQGs) are defined by the amount of hazardous waste they generate per month. According to UAC R311-201-3(2)(a), an SQG is a generator who generates more than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month. The scenario describes a facility, “Canyon Creek Mining,” that generates 850 kilograms of hazardous waste in a month. This amount falls directly within the defined threshold for an SQG. Therefore, Canyon Creek Mining would be classified as a Small Quantity Generator under Utah’s hazardous waste regulations. This classification is crucial as it determines the specific storage limits, contingency planning requirements, and reporting obligations that the facility must adhere to, which are less stringent than those for Large Quantity Generators but more stringent than those for Very Small Quantity Generators.

The Utah Hazardous Waste Program, as administered by the Utah Department of Environmental Quality (UDEQ), is designed to protect public health and the environment from the risks associated with hazardous waste. A key aspect of this program involves the definition and regulation of hazardous waste, which is primarily governed by the Resource Conservation and Recovery Act (RCRA) at the federal level, and then adopted and potentially augmented by state regulations. Under RCRA, hazardous waste is defined by either being listed or exhibiting a characteristic of hazardous waste. The characteristic wastes are ignitability, corrosivity, reactivity, and toxicity. Toxicity is determined by the Toxicity Characteristic Leaching Procedure (TCLP). If a solid waste exhibits any of these characteristics, it is considered hazardous waste. The question focuses on the specific threshold for a particular constituent in the TCLP test. For lead, the regulatory limit is \(5.0\) mg/L. If a waste leaches lead at a concentration equal to or greater than \(5.0\) mg/L during the TCLP test, it is classified as a D008 hazardous waste. This classification triggers stringent management, transportation, and disposal requirements under Utah’s hazardous waste regulations, which are largely aligned with federal RCRA standards. Understanding these characteristic thresholds is fundamental for any entity generating, transporting, treating, storing, or disposing of hazardous waste in Utah.

The Utah Hazardous Waste Management Act, specifically referencing the authority granted to the Executive Director of the Department of Environmental Quality (DEQ) under Utah Code Title 19, Chapter 6, Part 1, outlines the framework for hazardous waste management. When a facility generates hazardous waste, it is subject to various requirements including identification, manifesting, record-keeping, and reporting. For a generator that produces hazardous waste in quantities that exceed specific thresholds, but not enough to be classified as a large quantity generator, they are considered a small quantity generator. Small quantity generators have reduced, but still significant, regulatory obligations compared to large quantity generators. One key aspect is the requirement to obtain an EPA identification number, which is a unique identifier for any entity that generates, transports, treats, stores, or disposes of hazardous waste. This identification number is crucial for tracking hazardous waste throughout its lifecycle and ensuring compliance with federal and state regulations. The generator must also comply with storage time limits and ensure that their waste is managed at a permitted treatment, storage, or disposal facility. The concept of “cradle-to-grave” management, established under the Resource Conservation and Recovery Act (RCRA) and adopted by Utah, means that responsibility for hazardous waste extends from its generation to its final disposition. Therefore, obtaining an EPA ID number is a fundamental requirement for any generator, regardless of their quantity classification, to participate in the regulated hazardous waste management system.

The Utah Hazardous Waste Management Act, codified in Utah Code Title 19, Chapter 6, establishes the framework for managing hazardous waste within the state. This act delegates authority to the Utah Department of Environmental Quality (UDEQ) to implement and enforce regulations that are generally consistent with the federal Resource Conservation and Recovery Act (RCRA). However, Utah can implement regulations that are more stringent than federal requirements. When a generator of hazardous waste in Utah ceases to operate, they must still comply with all applicable hazardous waste management requirements until their site is properly closed and deemed no longer a threat. This includes the requirement to maintain records and provide notification of closure, even if the generator is no longer actively producing waste. The UDEQ’s role is to oversee these closure activities to ensure they meet the standards designed to protect human health and the environment. The Act specifically addresses requirements for closure plans, post-closure care, and financial assurance, all of which are critical for a defunct facility to demonstrate its commitment to long-term environmental protection. Failure to adhere to these post-operation obligations can result in significant penalties and liabilities for the former owners or operators.