DAR File No. 40752
This rule was published in the October 1, 2016, issue (Vol. 2016, No. 19) of the Utah State Bulletin.
Environmental Quality, Environmental Response and Remediation
Underground Storage Tanks: Definitions
Notice of Proposed Rule
DAR File No.: 40752
Filed: 09/09/2016 07:12:05 AM
Purpose of the rule or reason for the change:
Several definitions in the rule are no longer necessary due to changes in the federal underground storage tank (UST) regulations or the Utah UST rules or are redundant because they are now part of the federal UST regulations. The definition of UST testing is modified because new types of testing will be required by the federal UST regulations, and these tests may be performed by certified UST testers.
Summary of the rule or change:
This amendment removes several definitions that are no longer needed, modifies the definition of UST testing to include new types of testing that are now part of the federal UST regulations or the Utah UST rules.
Statutory or constitutional authorization for this rule:
- Section 19-6-105
- Section 19-6-403
Anticipated cost or savings to:
the state budget:
There is no anticipated cost or savings to state budget. The rule change only removes or modifies definitions found in the rule.
There is no anticipated cost or savings to local governments. The rule change only removes or modifies definitions found in the rule.
There is no anticipated cost or savings to small businesses. The rule change only removes or modifies definitions found in the rule.
persons other than small businesses, businesses, or local governmental entities:
There is no anticipated cost or savings to other persons. The rule change only removes or modifies definitions found in the rule. Defining the tank and piping interstitial tests under Subsections R311-206-11(c)(2)(C) and R311-206-11(d)(d)(2)(B) may increase costs somewhat because now they will have to be done by a certified UST tester. The testers are the only ones who have the equipment to perform the tests successfully, so tests will continue to be done by certified testers as they have in the past. Non-fiscal impacts include new types of testing in the definition of UST testing; therefore, requiring that the tests be done by certified UST testers will help ensure that tests are done by capable, trained individuals.
Compliance costs for affected persons:
There is no compliance costs. If certified testers choose to perform some of the new types of testing, it may be necessary to purchase new test equipment and receive manufacturer training on that equipment. Defining the tank and piping interstitial tests under Subsections R311-206-11(c)(2)(C) and R311-206-11(d)(d)(2)(B) as UST testing may increase costs somewhat because now these tests must be done by a certified UST tester. In practice, the UST testers are the only ones who have the equipment to perform the tests successfully, so the tests will continue to be done by certified testers as they have in the past.
Comments by the department head on the fiscal impact the rule may have on businesses:
No fiscal impacts on businesses are expected. Any impact would be found in the other rules to which the definitions apply.
Alan Matheson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office 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 email@example.com
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:
Interested persons may attend a public hearing regarding this rule:
- 10/17/2016 02:00 PM, Department of Environmental Quality, 195 North 1950 West, Room 1015, Salt Lake City, Utah
This rule may become effective on:
Brent Everett, Director
R311. Environmental Quality, Environmental Response and Remediation.
R311-200. Underground Storage Tanks: Definitions.
(a) Refer to Section 19-6-402 for definitions not found in this rule.
(b) For purposes of underground storage tank rules:
(1) "Actively participated" for the purpose of the certification programs means that the individual applying for certification must have had operative experience for the entire project from start to finish, whether it be an installation or a removal.
(2) "Alternative Fuel" means a petroleum-based
fuel containing: (A) more than ten percent ethanol, or (B) more than twenty percent biodiesel.]
3]) "As-built drawing" for purpose of notification
means a drawing to scale of newly constructed USTs. The USTs shall
be referenced to buildings, streets and limits of the excavation.
The drawing shall show the locations of tanks, product lines,
dispensers, vent lines, cathodic protection systems, and monitoring
wells. Drawing size shall be limited to 8-1/2" x 11" if
possible, but shall in no case be larger than 11" x
(4) "Automatic line leak detector test" means a
test that simulates a leak, and causes the leak detector to
restrict or shut off the flow of regulated substance through the
piping or trigger an audible or visual alarm.]
5]) "Backfill" means any foreign material, usually
pea gravel or sand, which usually differs from the native soil and
is used to support or cover the underground storage tank
(6) "Biodiesel" means a fuel comprised of
mono-alkyl esters of long chain fatty acids derived from vegetable
oils or animal fats, designated B100.]
7]) "Burden" means the addition of the percentage
of indirect costs which are added to raw labor costs.
8]) "Certificate" means a document that evidences
9]) "Certification" means approval by the Director
or the Board to engage in the activity applied for by the
10]) "Certified Environmental Laboratory" means a
laboratory certified by the Utah Department of Health as outlined
in Rule R444-14 to perform analyses according to the laboratory
methods identified for UST sampling in Subsection
11]) "Change-in-service" means the continued use of
an UST to store a non-regulated substance.
12]) "Community Water System" means a public water
system that serves at least fifteen service connections used by
year-round residents or regularly serves at least 25 year-round
13]) "Confirmation sample" means an environmental
sample taken, excluding closure samples as outlined in Section
R311-205-2, during soil over
excavation or any other remedial or investigation
activities conducted for the purpose of determining the extent and
degree of contamination.
4]) "Consultant" is a person who is a certified
underground storage tank consultant according to Subsection
5]) "Customary, reasonable and legitimate expenses"
means costs incurred during the investigation, abatement and
corrective actions that address a release which are normally
charged according to accepted industry standards, and which must be
justified in an audit as an appropriate cost. The costs must be
directly related to the tasks performed.
6]) "Customary, reasonable and legitimate work"
means work for investigation, abatement and corrective action that
is required to reduce contamination at a site to levels that are
protective of human health and the environment. Acceptable levels
may be established by risk-based analysis and taking into account
current or probable land use as determined by the Director
following the criteria in R311-211.
7]) "Department" means the Utah Department of
8]) "Eligible exempt underground storage tank" for
the purpose of eligibility for the Utah Petroleum Storage Tank
Trust Fund means a tank specified in 19-6-415(1).
9]) "Environmental sample" is a groundwater,
surface water, air, or soil sample collected, using appropriate
methods, for the purpose of evaluating environmental
20]) "EPA" means the United States Environmental
) "Expeditiously disposed of" means disposed of
as soon as practical so as not to become a potential threat to
human health or safety or the environment, whether foreseen or
unforeseen as determined by the Director.
22]) "Fiscal year" means a period beginning July 1
and ending June 30 of the following year.
23]) "Full installation" for the purposes of
19-6-411(2) means the installation of an underground storage
4]) "Groundwater sample" is a sample of water from
below the surface of the ground collected according to protocol
established in Rule R311-205.
5]) "Groundwater and soil sampler" is the person
who performs environmental sampling for compliance with Utah
underground storage tank rules.
6]) "Injury or Damages from a Release" means, for
the purposes of Subsection 19-6-409(2)(e), any petroleum
contamination that has migrated from the release onto or under a
third party's property at concentrations exceeding Initial
Screening Levels specified in R311-211-6(a).
7]) "In use" means that an operational, inactive or
abandoned underground storage tank contains a regulated substance,
sludge, dissolved fractions, or vapor which may pose a threat to
human health, safety or the environment as determined by the
8]) "Lapse" in reference to the Certificate of
Compliance and coverage under the Petroleum Storage Tank Trust
Fund, means to terminate automatically.
9]) "Native soil" means any soil that is not
backfill material, which is naturally occurring and is most
representative of the localized subsurface lithology and
30]) "No Further Action determination" means that
the Director has evaluated information provided by responsible
parties or others about the site and determined detectable
petroleum contamination from a particular release does not present
an unacceptable risk to public health or the environment based upon
Board established criteria in R311. If future evidence indicates
contamination from that release may cause a threat, further
corrective action may be required.
31]) "Notice of agency action" means any
enforcement notice, notice of violation, notice of non-compliance,
order, or letter issued to an individual for the purpose of
obtaining compliance with underground storage tank rules and
) "Occurrence" in reference to Subsection
R311-208-4 means a separate petroleum fuel delivery to a single
33]) "Owners and operators" means either an owner
or operator, or both owner and operator.
excavation" means any soil removed in an effort to
investigate or remediate in addition to the minimum amount required
to remove the UST or take environmental samples during UST closure
activities as outlined in Section R311-205-2.
5]) "Permanently closed" means underground storage
tanks that are removed from service following guidelines in 40 CFR
Part 280 Subpart G adopted by [ Section] R311-202.
6]) "Petroleum storage tank" means a storage tank
that contains petroleum as defined by Section 19-6-402(20).
7]) "Petroleum storage tank fee" means the fee
which capitalizes the Petroleum Storage Tank Trust Fund as
established in Section 19-6-409.
8]) "Petroleum storage tank trust fund" means the
fund created by Section 19-6-409.
9]) "Potable Drinking Water Well" means any hole
(dug, driven, drilled, or bored) that extends into the earth until
it meets groundwater which supplies water for a non-community
public water system, or otherwise supplies water for household use
(consisting of drinking, bathing, and cooking, or other similar
uses). Such well may provide water to entities such as a
single-family residence, group of residences, businesses, schools,
parks, campgrounds, and other permanent or seasonal
40]) "Public Water System" means a system for the
provision to the public of water for human consumption through
pipes or, after August 5, 1998, other constructed conveyances, if
such system has at least fifteen service connections or regularly
serves an average of at least 25 individuals daily at least 60 days
out of the year. It includes any collection, treatment, storage,
and distribution facilities under control of the operator of the
system and used primarily in connection with the system; and, any
collection or pretreatment storage facilities not under such
control which are used primarily in connection with the system.
41]) "Registration fee" means underground storage
tank registration fee.
42]) "Regulated substance" means any substance
defined in section 101(14) of the Comprehensive Environmental
Response, Compensation and Liability Act "CERCLA" of
1980, but not including any substance regulated as a hazardous
waste under subtitle C, and petroleum, including crude oil or any
fraction thereof that is liquid at standard conditions of
temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per
square inch absolute. The term "regulated substance"
includes petroleum and petroleum-based substances comprised of a
complex blend of hydrocarbons derived from crude oil through
processes of separation, conversion, upgrading, and finishing, and
includes motor fuels, jet fuels, distillate fuel oils, residual
fuel oils, lubricants, petroleum solvents, and used oils.
3]) "Secondary Containment"
means a release prevention
and detection system for a tank or piping that has an inner and
outer barrier with an interstitial space between them for
monitoring. The monitoring of the interstitial space shall meet the
requirements of 40 CFR 280.43(g).
44]) "Site assessment" or "site check" is
an evaluation of the level of contamination at a site which
contains or has contained an UST.
45]) "Site assessment report" is a summary of
relevant information describing the surface and subsurface
conditions at a facility following any abatement, investigation or
assessment, monitoring, remediation or corrective action activities
as outlined in Rule R311-202, Subparts E and F.
46]) "Site investigation" is work performed by the
owner or operator, or his designee, when gathering information for
reports required for Utah underground storage tank rules.
7]) "Site plat" for purpose of notification, or
reporting, refers to a drawing to scale of USTs in reference to the
facility. The scale should be dimensioned appropriately. Drawing
size shall be limited to 8-1/2" x 11" if possible, but
shall in no case be larger than 11" x 17". The site plat
should include the following: property boundaries; streets and
orientation; buildings or adjacent structures surrounding the
facility; present or former UST(s); extent of any excavation(s) and
known contamination and location and volume of any stockpiled soil;
locations and depths of all environmental samples collected;
locations and total depths of monitoring wells, soil borings or
other measurement or data points; type of ground-cover; utility
conduits; local land use; surface water drainage; and other
8]) "Site under control" means that the site of a
release has been actively addressed by the owner or operator who
has taken the following measures:
(A) Fire and explosion hazards have been abated.
(B) Free flow of the product out of the tank has been stopped.
(C) Free product is being removed from the soil, groundwater or surface water according to a work plan or corrective action plan approved by the Director.
(D) Alternative water supplies have been provided to affected parties whose original water supply has been contaminated by the release.
(E) A soil or groundwater management plan or both have been submitted for approval by the Director.
9]) "Soil sample" is a sample collected following
the protocol established in Rule R311-205.
50]) "Surface water sample" is a sample of water,
other than a groundwater sample, collected according to protocol
established in Rule R311-205.
51]) "Tank" is a stationary device designed to
contain an accumulation of regulated substances and constructed of
non-earthen materials, such as concrete, steel, or plastic, that
provide structural support.
52]) "Third-party Class B operator" is any
individual who is not the facility owner/operator or an employee of
the owner/operator and who, by contract, provides the services
outlined in R311-201-12(e).
(53) "UAPA-exempt orders" are orders that are
exempt from requirements of the Utah Administrative Procedures Act
under Section 63G-4-102(2)(k), Utah Code Annot.]
4]) "Under-Dispenser Containment" means containment
underneath a dispenser that will prevent leaks from the dispenser
or transitional components that connect the piping to the dispenser
(check valves, shear valves, unburied risers or flex connectors, or
other components that are beneath the dispenser) from reaching soil
(55) "Underground storage tank" or
"UST" means any one or combination of tanks, including
underground pipes connected thereto and any underground ancillary
equipment and containment system, that is used to contain an
accumulation of regulated substances, and the volume of which,
including the volume of underground pipes connected thereto, is ten
percent or more beneath the surface of the ground, regulated under
Subtitle I, Resource Conservation and Recovery Act, 42 U.S.C.,
Section 6991c et seq.]
56]) "Underground storage tank registration fee"
means the fee assessed by Section 19-6-408 on tanks located in
7]) "UST inspection" is the inspection required by
state and federal underground storage tank rules and regulations
during the installation, testing, repairing, operation or
maintenance, and removal of regulated underground storage tank.
8]) "UST inspector" is an individual who performs
underground storage tank inspections for compliance with state and
federal rules and regulations as authorized in Subsection
9]) "UST installation" means the installation of an
underground storage tank, including construction, placing into
operation, building or assembling an underground storage tank in
the field. It includes any operation that is critical to the
integrity of the system and to the protection of the environment,
(A) pre-installation tank testing, tank site preparation including anchoring, tank placement, and backfilling;
(B) vent and product piping assembly;
(C) cathodic protection installation, service, and repair;
(D) internal lining;
(E) secondary containment construction; and
(F) UST repair and service.
60]) "UST installation permit fee" means the fee
established by Section 19-6-411(2)(a)(ii).
1]) "UST installer" means an individual
who engages in underground storage tank installation.
62]) "UST removal" means the removal of an
underground storage tank system, including permanently closing and
taking out of service all or part of an underground storage
63]) "UST remover" means an individual who engages
in underground storage tank removal.
64]) "UST tester" means an individual who engages
in UST testing.
"UST testing" means
a testing method which can detect leaks in an underground storage tank system, or
testing for compliance with corrosion protection requirements
Testing methods must meet applicable performance
40 CFR 280.40(a)([
3]), 280.43(c), and 280.44(b) for tank and product piping
280.44(a) for automatic line leak detector
280.31(b) for cathodic protection testing[
KEY: petroleum, underground storage tanks
Date of Enactment or Last Substantive Amendment: [
March 9, 2012]
Notice of Continuation: April 10, 2012
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-403
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Gary Astin at the above address, by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.