No. 29849: R311-211. Corrective Action Cleanup Standards Policy - UST and CERCLA Sites

DAR File No.: 29849
Filed: 04/18/2007, 01:50
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 19-6-303 of the Hazardous Substance Mitigation Act authorizes the Executive Director to make rules consistent with the state's responsibilities and involvement with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Section 19-6-106 of the Solid and Hazardous Waste Act authorizes the Solid and Hazardous Waste Control Board to make rules under CERCLA, to the extent the Board has jurisdiction.

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

Initial comments on this rule were received from the Division of Administrative Rules (DAR) and the Administrative Rules Review Committee (ARRC). These comments recommended that the process and screening levels for cleaning up releases from UST sites be put into rule. Comments were also received during the public comment period for the proposed rule changes to implement the initial comments. These comments addressed use of the term "concentrations" instead of "levels" in screening level tables to be incorporated by reference, requested that the rule specify whether the screening levels are reported on a dry-weight or wet-weight basis, requested that the term "buried utility lines" be used instead of "utility lines", requested using "any" instead of "the highest" concentration of contaminant regarding distance from the contamination to receptors, and requested that the rule be modified to allow the owner/operator to submit an amended Corrective Action Plan or site-specific cleanup standards for approval after the initial plan had been approved.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule provides essential standards to be used in directing corrective action at contaminated UST and CERCLA sites, and determining when cleanup is complete. This oversight of cleanup is an essential part of the agency's statutory responsibility. Therefore, this rule should be continued. The initial comments by DAR and ARRC were accepted, and the rule changes were proposed to implement them. Regarding the comments received during the public comment period, use of the term "levels" was considered to be consistent with the use of the tables as a screening tool, and with current EPA terminology. The dry-weight versus wet-weight issue was considered not to be relevant to this rule, but is addressed in the sampling methods and protocols elsewhere in the rules (Rule R311-205). Adding "buried" to the reference to "utility lines" was considered to be unnecessary because the program by nature deals with tanks, contamination, and receptor pathways that are underground. The reference to the "highest" concentration was considered to be adequate, because "any" concentration of contaminant could occur at any place in the contaminated area, leaving no distance to the receptor, and doing away with the reason for specifying distance from contamination to receptor. The owner/operator always has the option of submitting an amended cleanup plan, so specifically stating so in rule was considered to be unnecessary. The proposed rules were adopted 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