Environmental Quality, Environmental Response and Remediation

Rule R311-212

Administration of the Petroleum Storage Tank Loan Fund

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36056
Filed: 04/10/2012 10:54:53 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. Subsection 19-6-405.3(7) of the UST Act authorizes the Board to make rules for the administration of the Petroleum Storage Tank Loan Fund.

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 Petroleum Storage Tank Loan program, and is required by statute. The UST Act contains the basic framework of the loan program, and mandates that the Board make rules for the program's administration. 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