Proposed Amendments:
Environmental Response and Remediation Laws and Rules

Utah Administrative Code R311—Proposed Amendments

On February 9, 2006 the Utah Solid and Hazardous Waste Control Board approved proposed amendments to the Utah Underground Storage Tank (UST) Rules for publication and public comment. The proposed changes are:

R311-200, Definitions

Add a definition for “No Further Action determination” to define new terminology to be used in the cleanup standards in R311-211.

R311-205, Site Assessment

Replace references to “recommended cleanup levels” with “initial screening levels,” as required by changes made to the cleanup standards in R311-211.

R311-207, Accessing the Petroleum Storage Tank Fund

Occasionally, consultants propose designing and manufacturing their own equipment for use at Petroleum Storage Tank Fund sites. The purpose of the proposed subpart (e) addition to R311-207-5 is to clarify the time and material reimbursement constraints for consultant designed and manufactured equipment used at sites utilizing a time and material reimbursement method. The proposed addition does not apply at pay-for-performance based sites.

R311-211, Cleanup Standards

Establish consistent criteria for the UST corrective action cleanup standards, clarify requirements for establishing cleanup standards, and clarify requirements to obtain a “No further action” determination from the Executive Secretary (UST). The Utah Division of Administrative Rules and the Administrative Rules Committee of the Legislature have recommended that the actual numeric values and screening criteria for closure of leaking Underground Storage Tank sites be established by rule. To comply with this request, the Division of Environmental Response and Remediation (DERR) proposes changes (R311-211-6) to include the current screening process for petroleum related sites. Two screening tables to be used in the screening and cleanup process are incorporated by reference. The proposed tables are identified as the “Initial Screening Levels” table dated November 1, 2005 and the “Tier 1 Screening Criteria” table dated November 1, 2005.

The “Initial Screening Levels” table values were derived by selecting appropriate ground water standards. The standards that were selected were Federal/State maximum contaminant levels (MCLs). MCL values were available for benzene, toluene, ethylbenzene, and xylene. If there was not a MCL available for a particular chemical (i.e., naphthalene and MtBE) a risk based screening level was calculated using the methodology defined in the “Guidelines for Utah’s Corrective Action Process for Leaking Underground Storage Tank Sites” (dated October 30, 2005). Total Petroleum Hydrocarbons (TPH) for gasoline, diesel and oils and grease used non-risk based screening as defined in the “Guidelines.” The TPH screening numbers for the “Initial Screening Levels” are based on Tier 1 values that have been reduced by a factor of 10, except for the Oil and Grease groundwater screening level, which was not reduced by a factor of 10. Soil screening levels were developed using the methodology presented in the “Guidelines” using an exposure scenario of contaminated soil leaching to groundwater.

The “Tier 1 Screening Criteria” table uses risk-based (i.e., benzene, toluene, ethylbenzene, xylene, naphthalene and MtBE) and non-risk based (i.e., TPH) screening levels that are defined in the “Guidelines.” Soil levels are developed using the soil methodology presented in the “Guidelines.” The only modifications that have been made to the “Tier 1 Screening Criteria” table are updates to the toxicological information known as references doses (RfD) for naphthalene and xylene.

Section R311-211-7 (Interim Policy)

Eliminated. It is no longer necessary with the established clean-up levels proposed for R311-211-6. The current section R311-211-6, Significance Level, is re-numbered to R311-211-7.

Copies of the proposed changes are available at the Division of Environmental Response and Remediation, 168 North 1950 West, Salt Lake City, Utah. Copies may be requested by calling Gary Astin at (801) 536-4103.

A public hearing to receive comments on the proposed changes will be held at 2:00 pm on Tuesday, March 28, 2006, at the Utah Department of Environmental Quality, Building 2, Airport East Business Complex, Room 201, 168 North 1950 West, Salt Lake City, Utah.

Written comments on the proposed rule changes will be accepted from Wednesday, March 1, 2006, until 5:00 pm on Friday, March 31, 2006. Please submit comments to:

Brad T Johnson, Executive Secretary (UST)
Utah Solid and Hazardous Waste Control Board
PO Box 144840
Salt Lake City, Utah 84114-4840

ADA Notice

In compliance with the Americans with Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Kimberly Diamond-Smith, Office of Human Resources at (801) 536-4285, Telecommunications Relay Service 711.