No. 29839: R311-201. Underground Storage Tanks: Certification Programs

DAR File No.: 29839
Filed: 04/18/2007, 01:43
Received by: NL

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 the administration of the petroleum storage tank program and certification of UST installers, inspectors, testers, removers, and consultants. Subsection 19-6-105(1)(g) of the Solid and Hazardous Waste Act gives the Board the authority to establish standards governing USTs. Subsection 19-6-402(6)(a)(i) of the UST Act refers to education and experience standards established by Board rule for certified UST consultants.

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 on this rule were received during a public comment period for a proposed rule change. One comment suggested that proposed training requirements for certified UST testers who perform functionality tests of automatic line leak detectors should not be placed in the same subsection as the requirements for testers who test tanks and piping. This would require an UST owner/operator who contracted with a tester for only leak detector functionality testing to pay for more than was needed, because the tester would have to be certified for all three types of testing. Other comments were received regarding a proposed rule change to require that UST-related work that qualifies as Professional Engineering, the Practice of Engineering, or the Practice of Geology Before the Public, as defined by statute, be performed by licensed professional engineers and geologists. The comments expressed concern that all work done to remediate UST release sites would have to be performed and/or certified by licensed engineers and geologists, the role of the certified UST consultant would diminish, that cleanup costs would increase, and that professional engineers and geologists may or may not have expertise in UST cleanups. One other comment, concerning consultant re-certification, was received. The comment indicated that the consultant re-certification process was cumbersome and antiquated, and should be streamlined.

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 Underground Storage Tank program. As directed by Subsection 19-6-403(1) of the Utah UST Act, it provides certification requirements for UST installers, removers, testers, inspectors, and consultants. Therefore, this rule should be continued. The proposed rule change regarding training requirements for line leak detector testers was included with the requirements for tank and piping testers because the training required (documentation of training in the testing equipment) is similar for all three. An individual who performs leak detector testing would not be required to be trained or certified in all three types of testing, so the owner/operator would not be burdened with an additional cost. The rule regarding work performed by professional engineers and geologists was proposed to ensure compliance with the statutory licensing requirements already in place. The changes did not add new requirements, or diminish the role of the certified UST consultant. Both rules were implemented without any change. The consultant re-certification process has been in place since 1994, and has been considered acceptable to the consultant community. It is necessary to ensure that consultants keep current with technological and regulatory changes in the industry in order to provide cost-effective service to their customers, while meeting the requirements of the UST Act. Based upon comments that have been received from certified consultants, modifications to the program have been implemented. These modifications did not require changes to the rules.

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 Remediation
168 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:

Brad T Johnson, Director