No. 29845: R311-207. Accessing the Petroleum Storage Tank Trust Fund for Leaking Petroleum Storage Tanks

DAR File No.: 29845
Filed: 04/18/2007, 01:46
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 19-6-419 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:

Comments were received during a public comment period for proposed rule changes regarding the cleanup and reimbursement process for UST releases that are covered by the Petroleum Storage Tank Trust Fund. Other comments were received during the period since the last five-year review. The comments generally refer to the process of reimbursement from the fund to consultants for work done by them and subcontractors to clean up UST release sites that are covered by the fund. The comments dealt with: provisions in the rule that ensure that contracts between consultants and subcontractors who are related to the consultant are appropriate; sole-source justification; pay-for-performance contracting; the use of standard reimbursement rates and uniform work rate schedules; and other issues regarding the claims submittal and reimbursement process.

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. At the time of public comment, the suggestions regarding pay-for-performance, sole-source justification and standard rental rates were incorporated into the rules. The other comments generally dealt with procedural matters not addressed in rule. Reimbursement procedures have been modified where needed, based on the comments.

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