R311-206-11. Environmental Assurance Fee Rebate Program

  (a) To meet the requirements of Subsection 19-6-410.5(5)(d), each UST Facility participating in the Program shall receive a risk value calculated according to "Environmental Assurance Program Risk Factor Table and Calculation", which is hereby incorporated by reference. The table, dated June 2, 2014, contains risk factors and the formula for risk value calculation.

  (b) The risk value for each facility participating in the Environmental Assurance Program shall be:

  (1) calculated on a facility basis;

  (2) valid for the calendar year;

  (3) based on the facility characteristics as of December 15 of the prior calendar year; and

  (4) determined, at sites with mixed equipment, by considering the highest risk-valued UST system component for each risk factor.

  (c) To qualify as secondarily contained for purposes of risk calculation, tanks shall:

  (1) meet the requirements for secondary containment in 40 CFR 280.20, and

  (2) meet one of the following:

  (A) use an interstitial sensor and documentation of monthly interstitial monitoring, or

  (B) documentation of monthly visual checks of a brine-filled interstitial space, or

  (C) have the interstitial space tested at least once every three years and be documented to be tight by using vacuum, pressure, or liquid testing in accordance with one of the following:

  (i) requirements developed by the manufacturer, or

  (ii) a Code of Practice developed by a nationally recognized association or independent testing laboratory.

  (d) To qualify as secondarily contained for purposes of risk calculation, piping shall:

  (1) meet the requirements for secondary containment outlined in 40 CFR 280.20, and

  (2) meet one of the following:

  (A) maintain monthly records of monitoring of the interstice by vacuum, pressure, or liquid filled interstitial space, or

  (B) use an interstitial monitoring method not listed in Subsection (d)(2)(A), and the integrity of the interstitial space is ensured at least once every three years by using vacuum, pressure, or liquid test in accordance with criteria listed in Subsection (c)(2)(C).

  (e) To qualify as secondarily contained for purposes of risk calculation, piping containment sumps and under-dispenser containment shall:

  (1) be double-walled with monthly documentation of monitoring of the space between the walls, or

  (2) be tested at least once every three years to show the piping containment sump or under-dispenser containment is liquid tight by using vacuum, pressure, or liquid testing in accordance with one of the following:

  (A) requirements developed by the manufacturer, or

  (B) a code of practice developed by a nationally recognized association or independent testing laboratory.

  (f) Each facility that participates in the Environmental Assurance Program may be eligible for a rebate of a portion of the Environmental Assurance Fee according to the rebate schedule in "Environmental Assurance Fee Rebate Table", which is hereby incorporated by reference. The table, dated June 2, 2014, lists risk tiers and the rebate for each tier.

  (g) A facility that begins participation in the Environmental Assurance Program after January 1 of a calendar year shall have its risk value calculated for that year based on the risk factors in place at the facility on the date the facility begins participation in the Program.