No. 41400 (5-year Review): Rule R311-206. Underground Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms

DAR File No.: 41400
Filed: 03/27/2017 03:19:57 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 administration of the petroleum storage tank program, including format and required information regarding records to be kept by tank owners/operators who are participating in the Petroleum Storage Tank Trust Fund, and voluntary participation in the Fund of above-ground petroleum storage tanks and unregulated underground tanks. Subsection 19-6-105(1)(g) of the Solid and Hazardous Waste Act gives the Board the authority to establish standards governing USTs. Subsection 19-6-410.5(5)(d) required that the Division of Environmental Response and Remediation (DERR), by 01/01/2015, create a risk profile model and rebate schedule for rebates of a percentage of the environmental assurance fee collected from UST owners/operators that participate in the environmental assurance program. Subsection 19-6-411(7)(b) of the UST Act specifies that the Board shall make rules providing for the identification of tanks that qualify for a certificate of compliance. Subsection 19-6-428(3)(b) of the UST Act provides that the Director of DERR may determine, with reasonable cause, that soil/groundwater sampling is not required to establish that no petroleum has been released when an UST owner/operator desires to place an UST facility under Fund coverage after a period of non-participation.

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

Comments were received during rulemaking to implement a statutory requirement, Subsection 19-6-410.5(5)(d) of the UST Act, to create a program for rebates of a percentage of the per-gallon environmental surcharge assessed in Utah. Comments dealt with the proposed maximum rebate percentage and risk factors assigned to certain types of USTs.

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 specifies requirements for UST owners and operators participating in the Petroleum Storage Tank Trust Fund and for those who show financial responsibility by other mechanisms. It provides rules for identification of compliant tanks, as mandated by Subsection 19-6-411(7)(b) of the UST Act. It specifies the conditions under which the Director of DERR may determine that there is reasonable cause under Subsection 19-6-428(3)(b) of the UST Act to establish that no sampling is required for sites that will participate in the Fund after a period of non-participation. The rule includes Section R311-206-11, requirements for the environmental assurance fee rebate program mandated by Subsection 19-6-410.5(5)(d) of the UST Act. The maximum rebate percentage is set by statute and cannot be changed in rule. The rationale for the risk factors was discussed with the commenter in the context of the various components of the overall risk level assigned to a UST facility. Therefore, this rule should be continued. No changes were made to the rule.

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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