Environmental Quality, Environmental Response and Remediation

Rule R311-206

Underground Storage Tanks: Financial Assurance Mechanisms

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36050
Filed: 04/10/2012 10:43:23 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, including format and required information regarding records to be kept by tank owner/operators who are participating in the Petroleum Storage Tank Trust Fund, and voluntary participation in the Fund of above-ground petroleum storage tanks and unregulated underground tanks. Subsection 19-6-105(1)(g) of the Solid and Hazardous Waste Act gives the Board the authority to establish standards governing USTs. Subsection 19-6-411(7)(b) of the UST Act specifies that the Board shall make rules providing for the identification of tanks that qualify for a certificate of compliance. Subsection 19-6-428(3)(b) of the UST Act provides that the executive secretary may determine, with reasonable cause, that soil/groundwater sampling is not required to establish that no petroleum has been released when an UST owner/operator desires to place an UST facility under Fund coverage after a period of non-participation.

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 necessary for continued operation of the Underground Storage Tank program. It specifies requirements for UST owners and operators participating in the Petroleum Storage Tank Trust Fund, and for those who show financial responsibility by other mechanisms. It provides rules for identification of compliant tanks, as mandated by Subsection 19-6-411(7)(b) of the UST Act. It specifies the conditions under which the Executive Secretary may determine that there is reasonable cause under Subsection 19-6-428(3)(b) of the UST Act to establish that no sampling is required for sites that will participate in the Fund after a period of non-participation. 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:

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 gastin@utah.gov

Authorized by:

Brent Everett, Director

Effective:

04/10/2012