No. 36051 (5-year Review): Rule R311-207. Accessing the Petroleum Storage Tank Trust Fund for Leaking Petroleum Storage Tanks

DAR File No.: 36051
Filed: 04/10/2012 10:45:15 AM

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 Solid and Hazardous Waste 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 19-6-409 of the UST Act creates the Petroleum Storage Tank (PST) Trust Fund and provides for payment of costs covered by the Fund, including certain costs of UST consultants hired by third parties who have been affected by a release from an UST. Section 19-6-419 of the UST Act specifies costs to be paid by the Petroleum Storage Tank Trust Fund for investigating and cleaning up releases at UST sites, and specifies that the Board shall make rules governing the apportionment of costs among third-party claimants for releases that are covered by the fund.

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

Section R311-207-9 was the subject of a legislative nonreauthorization during the 2011 general legislative session. This section went into effect on 02/14/2011; it implemented Subsection 19-6-409(2)(e) of the Utah UST Act and required that a certified UST consultant hired by third parties be registered as a Professional Engineer or Professional Geologist. The nonreauthorization removed this section from the UST rules as of 05/01/2011. Before the action of the legislature, and after the rule became effective, DERR received a comment from a certified UST consultant stating his support for the rule and his desire that the rule remain as implemented. No comments on the rule were received during informal or formal public comment periods.

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

This rule is an integral part of the Petroleum Storage Tank Trust Fund, and provides the necessary protocol allowing access to fund monies for investigating and cleaning up petroleum releases covered by the fund. It helps maintain the financial viability of the fund to provide a means for UST owner/operators to meet the federally-mandated financial responsibility requirements, and provide reimbursement for expenses associated with covered petroleum releases. Therefore, this rule should be continued. The section that was not re-authorized by the legislature was later replaced with a new version that removed the language that was the subject of the nonreauthorization. The new section, R311-207-9, provides necessary requirements to implement Subsection 19-6-409(2)(e) of the UST Act, and provides for payment of certain costs of UST consultants hired by third parties.

The full text of this rule may be inspected, during regular business hours, at the Division 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]

Authorized by:

Brent Everett, Director

Effective:

04/10/2012

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