Summary
The division received a comment during rulemaking that questioned whether a proposed change to provide for less frequent inspections by owners/operators of their tank containment sumps (changed from monthly to annual) should be made. During rulemaking in 2016, Utah's UST rules were reviewed by representatives from the US Environmental Protection Agency (EPA) to ensure that the changes Utah proposed to incorporate the 2015 EPA UST regulations would not jeopardize Utah's ability to receive State Program Approval (SPA) from EPA. In reviewing the rules, EPA commented that proposed changes to remove secondary containment requirements that were in place beginning in 2008 should not be removed from the rule because, if removed, UST owners/operators could avoid having to comply with the rule for the time frame it was in place (October 2008 until January 2017). If removed, the Division of Environmental Response and Remediation (DERR) would not be able to enforce the rule, and that could jeopardize Utah's upcoming SPA. EPA also commented that the rule allowing operator inspections to be conducted less frequently than monthly in a certain situation would be less stringent than the federal regulations and would jeopardize SPA. Comments were received regarding the proposed removal of rule language regarding notification when some alternate fuels are placed in an UST and regarding compatibility of UST equipment with the substance stored. Questions were received regarding proposed changes to Utah's operator inspection form.