DAR File No. 38765

Environmental Quality, Environmental Response and Remediation

Section R311-204-3

Disposal

Notice of Proposed Rule

(Amendment)

DAR File No.: 38765
Filed: 08/14/2014 02:54:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

As currently written, Section R311-204-3 contains requirements for labeling of an underground storage tank after removal from the ground, and prior to transport to a disposal facility. The proposed changes remove wording that is outdated (labeling of tanks as having contained leaded fuel) and wording that could cause misunderstanding regarding the contents of the tank while it is transported (labeling of tanks as "flammable").

Summary of the rule or change:

The proposed changes remove wording requiring that an underground storage tank that has been removed from the ground be labeled as "flammable" and, if appropriate, as having contained leaded gasoline. The proposal does not change the requirement that the tank be labeled with the date of removal and the facility identification number.

State statutory or constitutional authorization for this rule:

• Section 19-6-402
• Section 19-6-105
• Section 19-6-403

Anticipated cost or savings to:

the state budget:

No cost or savings are anticipated. The proposed changes only modify the labeling requirements for an underground storage tank that has been removed from the ground.

local governments:

No cost or savings are anticipated. The proposed changes only modify the labeling requirements for an underground storage tank that has been removed from the ground.

small businesses:

No cost or savings are anticipated. The proposed changes only modify the labeling requirements for an underground storage tank that has been removed from the ground.

persons other than small businesses, businesses, or local governmental entities:

No cost or savings are anticipated. The proposed changes only modify the labeling requirements for an underground storage tank that has been removed from the ground. Non-fiscal impacts - The proposed change should result in increased safety on the roads during transportation of removed underground tanks by removing the requirement that "flammable" be painted on the tank after removal. In some cases, transports have been stopped by police who have thought the tanks contained flammable liquids during transportation to a disposal facility.

Compliance costs for affected persons:

None are anticipated--The changes only simplify the requirements for labeling an underground tank that has been removed from the ground.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule should not have any impact on businesses. It changes the wording that must be put on underground tanks after removal, for proper transport to a disposal facility.

Amanda Smith, Executive Director

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 RemediationRoom First Floor
195 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 gastin@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2014

Interested persons may attend a public hearing regarding this rule:

• 09/16/2014 02:00 PM, Department of Environmental Quality, 195 N 1950 W, Room 1015, Salt Lake City, UT

This rule may become effective on:

10/10/2014

Authorized by:

Brent Everett, Director

R311. Environmental Quality, Environmental Response and Remediation.

R311-204. Underground Storage Tanks: Closure and Remediation.

R311-204-3. Disposal.

(a) Tank labeling. Immediately after being removed, a[A]ll tanks which are permanently closed by removal must be labeled [immediately after being removed from the ground ]with the following in letters at least two inches high:

(1) the facility identification number, and[ information about previously contained substances.]

(2) "contained petroleum, removed: month/day/year".

[(1) Removed tanks which have contained motor fuels or other regulated products, except leaded motor fuels, must be labeled with letters at least two inches high which read:

"CONTAINED (UNLEADED GASOLINE, DIESEL OR OTHER AS APPROPRIATE), FLAMMABLE. REMOVED: MONTH/DAY/YEAR."

(2) Removed tanks which have contained leaded motor fuel, or whose service history is unknown, must be labeled with letters at least two inches high which read:

"CONTAINED LEADED GASOLINE. HEATING RELEASES LEAD VAPORS, FLAMMABLE. REMOVED: MONTH/DAY/YEAR."

](b) Removed tanks shall be expeditiously disposed of as regulated underground storage tanks by the following methods:

(1) The tank may be cut up after the interior atmosphere is first purged or inerted.

(2) The tank may be crushed after the interior atmosphere is first purged or inerted.

(3) The tank may not be used to store food or liquid intended for human or animal consumption.

(4) The tank may be disposed of in a manner approved by the Director.

(c) Tank transportation. Used tanks which are transported on roads of the State of Utah must be cleaned inside the tank prior to transportation, and be free of all product, free of all vapors, or rendered inert during transport.

 

KEY: hazardous substances, petroleum, underground storage tanks

Date of Enactment or Last Substantive Amendment: [September 9, 2004]2014

Notice of Continuation: April 10, 2012

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-402; 19-6-403