No. 29843: R311-205. Underground Storage Tanks: Site Assessment Protocol

DAR File No.: 29843
Filed: 04/18/2007, 01:45
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 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 19-6-413 of the UST Act refers to requirements set by rule for tightness tests performed as part of the application to receive a UST certificate of compliance.

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

One comment was received from the Division of Administrative Rules regarding incorporation by reference of documents referenced in the rule. The comment indicated that the phrase "incorporated by reference" was not used in the rule in two places where it should be used, and recommended that the proper phrase be used to incorporate the documents by reference.

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 specifies the requirements for site assessments for UST closures, and specifies tank testing and site check requirements for tanks that will be covered by the Petroleum Storage Tank Trust Fund after a period of nonparticipation. Therefore, this rule should be continued. The division's legal counsel has recommended that the documents referenced in the comment be incorporated by reference, partially, or in their entirety, as appropriate, if they are still relevant to the rule. The division will determine which of the documents are relevant and incorporate them, or different documents if others are found to be more relevant.

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