No. 41397 (5-year Review): Rule R311-203. Underground Storage Tanks: Technical Standards

DAR File No.: 41397
Filed: 03/27/2017 03:14:42 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 19-6-403 of the Utah Underground Storage Tank (UST) Act gives the Utah Waste Management and Radiation Control Board authority to regulate USTs and petroleum storage tanks and make rules for registration of tanks and administration of the petroleum storage tank program. Subsection 19-6-105(1)(g) of the Solid and Hazardous Waste Act gives the Board the authority to establish standards governing USTs. Section 19-6-408 of the UST Act provides for the assessment of an annual underground storage tank registration fee on regulated USTs. Subsection 19-6-411(2)(b) of the UST Act requires the Board to make rules specifying which portions of an underground storage tank installation shall be subject to the permitting fees when less than a full UST system is installed.

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

The division received a comment during rulemaking that questioned whether a proposed change to provide for less frequent inspections by owners/operators of their tank containment sumps (changed from monthly to annual) should be made. During rulemaking in 2016, Utah's UST rules were reviewed by representatives from the US Environmental Protection Agency (EPA) to ensure that the changes Utah proposed to incorporate the 2015 EPA UST regulations would not jeopardize Utah's ability to receive State Program Approval (SPA) from EPA. In reviewing the rules, EPA commented that proposed changes to remove secondary containment requirements that were in place beginning in 2008 should not be removed from the rule because, if removed, UST owners/operators could avoid having to comply with the rule for the time frame it was in place (October 2008 until January 2017). If removed, the Division of Environmental Response and Remediation (DERR) would not be able to enforce the rule, and that could jeopardize Utah's upcoming SPA. EPA also commented that the rule allowing operator inspections to be conducted less frequently than monthly in a certain situation would be less stringent than the federal regulations and would jeopardize SPA. Comments were received regarding the proposed removal of rule language regarding notification when some alternate fuels are placed in an UST and regarding compatibility of UST equipment with the substance stored. Questions were received regarding proposed changes to Utah's operator inspection form.

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

The rule is necessary for continued operation of the UST program. It clarifies when UST owners/operators and installers must notify on new installations, upgrades, and changes of ownership. It provides for the administration of the registration fee mandated by Section 19-6-408 of the Utah UST Act, the installer permit fees mandated by Section 19-6-411, and the installer notification requirements mandated by Section 19-6-407. It provides clarification of the tank testing requirements in Section 19-6-413 of the UST Act and subparts C (General Operating Requirements) and D (Release Detection) of 40 CFR 280, the federal UST regulations. Therefore, this rule should be continued. The proposed change to make owner/operator inspections of containment sumps annual instead of monthly was enacted because it reflects the operator inspection requirements in the new federal UST regulations, and Utah's UST rules cannot be more stringent than the federal UST regulations. In response to the comments by EPA, the secondary containment rule was kept with additional wording that stated that the rule is effective only from the date of enactment until 01/01/2017, when the secondary containment requirements in the federal UST regulations were adopted. The wording providing for operator inspections less frequently than monthly was removed. New Federal UST requirements for alternate fuels notification and equipment compatibility were incorporated by reference into Utah's UST rules, so the previously existing Utah rule wording was no longer needed and was eliminated. Questions regarding proposed changes to the operator inspection form were answered to the satisfaction of the individuals who posed the questions.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Environmental Quality
Environmental Response and RemediationRoom First Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Gary Astin at the above address, by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at [e-mail]
• David Wilson at the above address, by phone at 801-536-4138, by FAX at , or by Internet E-mail at [e-mail]

Effective:

03/27/2017

Authorized by:

Brent Everett, Director

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