DAR File No. 41403

Environmental Quality, Environmental Response and Remediation

Rule R311-209

Petroleum Storage Tank Cleanup Fund and State Cleanup Appropriation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41403
Filed: 03/27/2017 03:23:17 PM

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 Waste Management and Radiation 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. Section 19-6-405.7 of the UST Act gives the Director of the Division of Environmental Response and Remediation the authority use the Petroleum Storage Tank Cleanup Fund to investigate, abate, or take corrective action regarding releases from USTs that are not covered by the Petroleum Storage Tank Trust Fund. Subsection 19-6-420(10) of the UST Act allows the Director to recover costs incurred for managing and overseeing cleanups of releases not covered by the Petroleum Storage Tank Fund. Section 19-6-424.5 of the UST Act allows the Director to finance cleanup costs that are part of an agreement or order.

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 integral to the goals of the UST Act to protect human health and the environment. It provides criteria for use of the Petroleum Storage Tank Cleanup Fund created by Section 19-6-405.7 of the UST Act and the cleanup appropriations made by the legislature. It provides rules for recovery of management and oversight expenses allowed by Subsection 19-6-420(10) of the UST Act. Therefore, this rule should be continued.

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
• David Wilson at the above address, by phone at 801-536-4138, by FAX at , or by Internet E-mail at djwilson@utah.gov

Effective:

03/27/2017

Authorized by:

Brent Everett, Director