No. 29841: R311-203. Underground Storage Tanks: Notification, New Installations, Registration Fees, and Testing Requirements

DAR File No.: 29841
Filed: 04/18/2007, 01:44
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 registration of tanks and the 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 provides for the assessment of an annual underground storage tank registration fee on regulated USTs. Subsection 19-6-411(2)(b) of the Utah 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:

Comments were received during a public comment period for proposed rule changes to clarify the federal requirement for annual testing of automatic line leak detectors, specify the type of test that must be performed, and specify reporting requirements for cathodic protection testing. The comments questioned the advisability of requiring an annual test on electronic leak detectors, which are self-testing, and proposed that the rule change would be a disincentive for UST owner/operators to use more precise levels of testing. Another comment pointed out that some proposed requirements for cathodic protection test reporting were given twice in the rule, and were redundant.

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. It clarifies when UST owner/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 rule changes were intended to clarify testing requirements for line leak detectors and cathodic protection tests, and specify that the line leak detector tests must simulate a leak. Because the federal UST regulations require a yearly line leak detector functionality test, these tests must be performed, even if the electronic leak detectors are designed by the manufacturers to be self-testing. The requirement for a simulated leak test was determined to be necessary to ensure consistency in test procedures among testers, and ensure valid testing. The leak detector test requirements do not discourage the owner/operator from using more precise testing methods, because those methods are alternate piping leak detection methods the owner/operator can use to meet a different requirement, and are distinct from the leak detector annual testing requirement. The reference to cathodic protection test requirements referred to reporting test points in a table and on a site drawing, and was not determined to be redundant. The rules were implemented without change.

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