No. 36053 (5-year Review): Rule R311-209. Petroleum Storage Tank Cleanup Fund and State Cleanup Appropriation  

  • DAR File No.: 36053
    Filed: 04/10/2012 10:50:11 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 19-6-405.7 of the UST Act gives the Executive Secretary of the Board the authority use the Petroleum Storage Tank Cleanup Fund to investigate, abate, or take corrective action regarding releases from USTs that are not covered by the Petroleum Storage Tank Trust Fund. Section 19-6-424.5 allows the Executive Secretary to finance cleanup costs that are part of an agreement or order.

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

    No comments on this rule have been received since the last five-year review.

    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 integral to the goals of the UST Act to protect human health and the environment. It provides criteria for use of the Petroleum Storage Tank Cleanup Fund created by Section 19-6-405.7 of the UST Act and the cleanup appropriations made by the legislature. Therefore, this rule should be continued.

    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:

    Authorized by:

    Brent Everett, Director

    Effective:

    04/10/2012


Document Information

Effective Date:
4/10/2012
Publication Date:
05/01/2012
Filed Date:
04/10/2012
Agencies:
Environmental Quality,Environmental Response and Remediation
Authorized By:
Brent Everett, Director
DAR File No.:
36053
Related Chapter/Rule NO.: (1)
R311-209. Petroleum Storage Tank Cleanup Fund and State Cleanup Appropriation.