No. 41405 (5-year Review): Rule R311-211. Corrective Action Cleanup Standards Policy - UST and CERCLA Sites

DAR File No.: 41405
Filed: 03/27/2017 03:24:49 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. Subsection 19-6-105(1)(g) of the Solid and Hazardous Waste Act gives the Board the authority to establish standards governing USTs. Section 19-6-303 of the Hazardous Substance Mitigation Act authorizes the executive director to make rules consistent with the state's responsibilities and involvement with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Section 19-6-106 of the Solid and Hazardous Waste Act authorizes the Waste Management and Radiation Control Board to make rules under CERCLA, to the extent the Board has jurisdiction.

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

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 suggested that references to cleanup standards for CERCLA sites should be removed from Rule R311-211, or the rule should state that the CERCLA requirements are outside the scope of the Resource Conservation and Recovery Act (RCRA) program.

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

This rule provides essential standards to be used in directing corrective action at contaminated UST and CERCLA sites and determining when cleanup is complete. This oversight of cleanup is an essential part of the agency's statutory responsibility. By statutory authority the Division of Environmental Response and Remediation administers both the UST and CERCLA programs. Because of this structure and the common cleanup standards that apply in both programs, it is appropriate, from Utah's perspective, to retain both in the rule. Therefore, this rule should be continued.

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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