DAR File No. 40754

Environmental Quality, Environmental Response and Remediation

Rule R311-202

Underground Storage Tank Technical Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 40754
Filed: 09/09/2016 07:16:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Utah is required to have an underground storage tank (UST) program no less stringent than the federal UST regulations. The new federal UST regulations are, therefore, adopted by reference with some exceptions to ensure that Utah continues to have an approved UST program. Because some compliance dates in the new federal regulations have now passed, those dates are changed to the date the Utah rule will become effective to ensure continuity of program requirements and ensure valid enforcement of the regulations and state rules. The operator training section of the new federal regulations, Subpart J, and associated definitions are not incorporated by reference because Utah already has an approved operator training program in place, in accordance with the Energy Policy Act of 2005, and due to differences in Utah's present program and the operator training requirements in the new federal UST regulations, Utah prefers to keep its present program.

Summary of the rule or change:

This amendment incorporates by reference most of 40 CFR Part 280 in effect as of 10/13/2015, with certain exceptions and changes to dates.

Statutory or constitutional authorization for this rule:

• Section 19-6-403
• Section 19-6-105

This rule or change incorporates by reference the following material:

• Updates 40 CFR Part 280, published by US Environmental Protection Agency, 10/13/2015

Anticipated cost or savings to:

the state budget:

As an owner/operator of USTs, the state of Utah will be required, by 10/13/2018, to test spill prevention devices and piping containment sumps used for interstitial monitoring, and inspect overfill prevention devices and electronic and mechanical leak detection components. The cost for the initial tests is estimated to be $46,000, based on the number of USTs currently owned or operated by the State of Utah. Subsequent testing of spill prevention, overfill prevention, and containment sumps will occur every three years. Testing of leak detection components will occur yearly.

local governments:

Local governments that own or operate USTs will be required, by 10/13/2018, to test spill prevention devices and piping containment sumps used for interstitial monitoring, and inspect overfill prevention devices and electronic and mechanical leak detection components. The cost for the initial tests is estimated to be $27,000, based on the number of USTs currently owned or operated by local governments. Subsequent testing of spill prevention, overfill prevention, and containment sumps will occur every three years. Testing of leak detection components will occur yearly.

small businesses:

Small businesses that own or operate USTs will be required, by 10/13/2018, to test spill prevention devices and piping containment sumps used for interstitial monitoring, and inspect overfill prevention devices and electronic and mechanical leak detection components. The cost for the initial tests is estimated to be $280,000, based on the number of USTs currently owned or operated by small businesses. Subsequent testing of spill prevention, overfill prevention, and containment sumps will occur every three years. Testing of leak detection components will occur yearly.

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

Persons other than small businesses, businesses, or local governments who own or operate USTs will be required, by 10/13/2018, to test spill prevention devices and piping containment sumps used for interstitial monitoring and inspect overfill prevention devices and electronic and mechanical leak detection components. The cost for the initial tests is estimated to be $1,300, based on the number of USTs currently owned or operated by these persons. Subsequent testing of spill prevention, overfill prevention, and containment sumps will occur every three years. Testing of leak detection components will occur yearly. Non-fiscal impacts include that UST owner/operators will be more involved and knowledgeable about their UST systems, which will result in better operation and maintenance of their USTs. New testing and better UST maintenance will find leaks sooner and prevent leaks. When leaks do occur, they will be easier to clean up, which will result in better protection of the environment and groundwater.

Compliance costs for affected persons:

Costs for a typical facility that uses interstitial monitoring for piping, which requires testing of the piping containment sumps and under dispenser containment, are estimated to be $1,100 every 3 years, and $150 yearly. Costs for a typical facility that does not use interstitial monitoring for piping are estimated to be $400 every 3 years and $150 yearly. Costs to add leak detection to emergency generator tanks are estimated to be $5,000 to $10,000, if little or no of the required monitoring equipment is currently in place. Most emergency generator facilities already have all or most of the equipment that will be needed.

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

New tests of UST systems will cost approximately $800 to $1,500 for a typical UST facility over a 3-year period; most tests will be required every 3 years; some will be required every year. These tests will help provide savings in the long term by reducing the number and severity of UST releases that occur. Most other federal requirements being adopted replace requirements already in place in Utah from the 2005 Energy Policy Act. Although the state rules are being changed, the programs already in place from the Energy Act will, in practice, continue essentially as they have been operating with little change, fiscal or otherwise.

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 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:

10/31/2016

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, UT

This rule may become effective on:

01/01/2017

Authorized by:

Brent Everett, Director

R311. Environmental Quality, Environmental Response and Remediation.

R311-202. Federal Underground Storage Tank [Technical Standards]Regulations.

R311-202-1. Incorporation by Reference.

[40 CFR Part 280 in effect as of December 6, 1995, is hereby adopted and incorporated by reference.]This rule incorporates by reference 40 CFR Part 280, the federal underground storage tank regulations, in effect as of October 13, 2015, except that:

(a) 40 CFR 280 Subpart J is not incorporated by reference;

(b) the definitions of Class A operator, Class B operator, Class C operator, and Training program in 40 CFR 280.12 are not incorporated by reference;

(c) The date October 13, 2015 in 280.10(a)(1)(ii), 280.10(a)(1)(iii), 280.20(c)(3), 280.35(b)(1), 280.35(b)(2), 280.42(a) note, 280.42(e), 280.45(a), 280.251(a)(1), 280.251(a)(2), 280.251(b), 280.252(b), 280.252(e), 40 CFR Part 280 appendix 1, and 40 CFR Part 280 appendix 2 is, in each instance, changed to January 1, 2017; and

(d) The date April 11, 2016 in 280.20, 280.20(f),280.41(a)(1), 280.41(a)(2), 280.41(b)(1), and 280.41(b)(2) is, in each instance, changed to January 1, 2017.

 

KEY: hazardous substances, petroleum, underground storage tanks[*]

Date of Enactment or Last Substantive Amendment: [September 16, 1996]2016

Notice of Continuation: April 10, 2012

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