Aboveground Petroleum Storage Tank Financial Responsibility and Certificate of Compliance Requirements
Due to legislation passed in the 2021 session, DERR began regulating specific types of Aboveground Petroleum Storage Tanks (APSTs) on May 5, 2021. By statute (19-6-407(2)), owners of regulated APSTs must notify the Director of their location via the “Utah Notification for Aboveground Petroleum Storage Tanks” form. Upon notification, a processing fee of $250 shall be assessed to the owner. By June 30, 2023, APST owners must demonstrate financial responsibility and obtain a Certificate of Compliance. Regulated APSTs that do not register and obtain a Certificate of Compliance by June 30, 2023, will also be subject to enforcement actions, penalties, and delivery prohibition.
To qualify for a certificate of compliance the AST owner/operator must complete and submit the following (R311-206-3):
- Payment of annual registration fee ($110 per tank or $220 per tank if not participating in the Environmental Assurance Program (EAP))
- Payment of annual PST fund fee if participating in the EAP ($150 per tank, or $450 per tank if you don’t submit annual throughput or if your annual throughput is less than 70,000 gallons);
- Certificate of Compliance Application;
- Previous Pollution Incident form;
- Financial Responsibility Declaration
- Tank Tightness Test(s) performed in the last six months;
- Refer to the Steel Tank Institute (STI)R912 Reference Document for testing procedures.
- Line Tightness Test(s) performed in the last six months;
- Spill Bucket Test(s) performed in the last six months;
- As-built drawing or site plat;
Site assessments for regulated APST facilities participating in the EAP are optional. If a site assessment is not conducted, new releases from a documented, known source are 100% covered starting day one of participation. Historic contamination discovered after 10-years of continuous coverage will also be 100% covered. Non-regulated APSTs must perform a site assessment and historic impacts are not covered.
*Note – Overfill, cathodic protection, and line leak detector tests will be required by owners participating in the Environmental Assurance Program starting 7/1/2026.
Please visit – Rules & Regulations: Petroleum Storage Tanks & Leaking Underground Storage Tanks for rule references and details.
Due to legislation passed in the 2021 session, the Utah Department of Environmental Quality (DEQ), Division of Environmental Response and Remediation (DERR) began regulating Aboveground Petroleum Storage Tanks (APSTs) on May 5, 2021.
What is a regulated APST?
A petroleum storage tank greater than 500 gallons and meets one or both of the following:
- If the APST rests on soil or gravel
- If any portion of the piping is underground
APSTs not regulated include:
- Less than 501 gallons
- Commercial airport for fueling
- Used in farming or agriculture
- Petroleum refiner (SIC Code 2911)
- Petroleum bulk stations and terminals (SIC Code 5171)
- Related to oil or gas production and gathering operations
- Used for heating oil on premises
Owners and Operators of regulated APSTs must notify the DERR by July 1, 2022 with the APST Notification Form.
Upon completion, please sign and date the form and return it to the DERR.
Either email it to: TankCompliance@utah.gov
or mail it to:
Division of Environmental Response and Remediation
Underground Storage Tank Section
P.O. Box 14484
Salt Lake City, Utah 84114-4840
Also, beginning May 5, 2021, all APSTs that are now regulated by DERR will be required to submit a closure plan for any closures, upgrades, line replacement, etc. Releases from regulated APSTs will now be regulated by the DERR and the Underground Storage Tank reporting requirements and cleanup standards will apply.
Per Utah Code 19-6-407(b), a processing fee as established under Section 63J-1-504 will be assessed to owners of a regulated APST(s). If you have questions please contact us at (801) 536-4100.