Proposed Changes to R311,
Underground Storage Tank Rules

The Board and the Director of the DERR are tasked with making rules and administering the UST program. Several years ago, as legislation regarding the PST Fund was under consideration by the legislature, the Division received direction from the Legislature to review the Environmental Assurance Program reimbursement process. In 2018, the Division conducted an internal audit of several PST Fund claim reimbursement submissions. One major finding was that similar common tasks were being submitted for reimbursement from the Petroleum Storage Tank (PST) Trust Fund with high variability in hours, costs, and the level of personnel completing the tasks. Some task’s variability ranged as high as four times that of other similar submissions. This audit led to the development of the “Cost Guidelines for Utah Underground Storage Tank Sites”. This document establishes the framework for a standardized and consistent approach for work done by State Contractors and for PST Trust Fund reimbursements. In addition, PST Fund participants are no longer required to periodically test the interstice of tanks or piping to receive credit as double-walled for purposes of the environmental assurance fee rebate model. Other changes are proposed to simplify the state rules and remove wording that is redundant or no longer applicable. The proposed changes were presented to the UST Advisory Task Force on April 13, 2021.

On June 10, 2021, the Utah Waste Management and Radiation Control Board approved the proposed changes to the Utah UST rules for publication and public comment. The rules to be amended are:

R311-200, Underground Storage Tanks: Definitions.
R311-201, Underground Storage Tanks: Certification Programs and UST Operator Training.
R311-203, Underground Storage Tanks: Technical Standards.
R311-204, Underground Storage Tanks: Closure and Remediation.
R311-205, Underground Storage Tanks: Site Assessment Protocol.
R311-206, Underground Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms.
R311-207, Accessing the Petroleum Storage Tank Trust Fund for Leaking Petroleum Storage Tanks.
R311-208, Underground Storage Tank Penalty Guidance.
R311-209, Petroleum Storage Tank Cleanup Fund and State Cleanup Appropriation.
R311-212, Administration of the Petroleum Storage Tank Loan Program.

Copies of the proposed changes are available at the DERR office at 195 North 1950 West, Salt Lake City, Utah, or may be requested by contacting David Wilson (djwilson@utah.gov) at (801) 536-4100. Links to the text of the proposed changes and other relevant documents appear below.

A public hearing to receive comments on the proposed changes will be held at 2:00 pm on Thursday, July 15, 2021, at the Utah Department of Environmental Quality, Multi-Agency State Office Building, Room 1015, 195 North 1950 West, Salt Lake City, Utah.

In compliance with the Americans With Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Larene Wyss (lwyss@utah.gov), Office of Human Resources, at (801) 503-5618, Telecommunications Relay Service 711.

Comments on the proposed rule changes will be accepted from Thursday, July 1, 2021, until 5:00 pm on Monday, August 2, 2021. Comments may be submitted in writing or by email.

Please submit written comments to:

Brent H. Everett, Director
Division of Environmental Response and Remediation
PO Box 144840
Salt Lake City, Utah 84114-4840

Please submit comments by email to: ustcomments@utah.gov.

If you have questions on the proposed changes, you may contact David Wilson (djwilson@utah.gov) or Therron Blatter at (tblatter@utah.gov) at (801) 536-4100.

Summary of the Proposed Changes:

R311-200, Underground Storage Tanks: Definitions.

  • R311-200-1(2). Remove definitions that are no longer needed, due to changes in the federal UST regulations or changes in the state UST rules.
  • R311-200-1(2)(hhh). Modify the definition of UST Testing to include any testing requirements for exempt USTs or aboveground storage tanks that voluntarily participate in the Environmental Assurance Program.

R311-201, Underground Storage Tanks: Certification Programs and UST Operator Training.

  • R311-201-2. Reword requirement for certification, for clarity.
  • R311-201-2(1). Specify releases from hazardous substance USTs do not require a Certified UST Consultant.
  • R311-201-2(2). Add a limited certification restricting the type of UST inspections the applicant can perform may be issued by the director.
  • R311-201-2(4). Change the name “groundwater and soil certification” to “certified sampler” to reflect the sampling of other media as well as groundwater and soil and change the words “groundwater and soil” to “environmental media”. Discussed in definitions 200-1.
  • R311-201-3 and 201-4. Switch section position in rule for section on application for certification and section on eligibility for certification for process clarification.
  •  R311-201-6(2) Allows the director to audit records which support eligibility for certification or performance of work for which certification is granted.
  • R311-201-12(10). For operator training and registration, incorporate by reference the updated document “UST and LUST Performance Definitions as of October 2018” for documenting compliance.

R311-203, Underground Storage Tanks: Technical Standards.

  • R311-203-3 (5). Clarification that the Installation Permit fee shall be increased based on additional number of tanks being installed.
  • R311-203-4(6). Update assessment of higher registration fee based on the EPA Technical Compliance Rate.
  • R-311-203-5(7) Certified individuals who test overfill, automatic tank gauges, and line leak detectors must use the forms found in PEI RP1200 appendices or other forms approved by the director. Each of the rules references reporting forms to be used for the various tests. Additionally, allows for an alternative form approved by the director.
  • R-311-203-8(1) Changed responsible person to trained operator. Clarifies that it is the trained operator who is the responsible person on site.

R311-204, Underground Storage Tanks: Closure and Remediation.

  • R311-204-3(1). Reword requirement for tank labeling for disposal.
  • R311-204-2(8). Changed notification of closure activities from 72 hours to 3 business days. Clarification of what is meant by 72 hrs. Just clarifies existing language to specify that 72 hours means 3 business days.
  • R311-204-3(1). Changed “contained petroleum” to “substance contained” because it may have contained a non-petroleum product that would be regulated by the UST program.

R311-205, Underground Storage Tanks: Site Assessment Protocol.

  • R311-205-2. Update document for sampling environmental media incorporated by reference. “Utah Storage Tank Program Sampling Guide, dated June 1, 2021”.

R311-206, Underground Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms.

  • R311-206-9(4). Add a requirement that for any facility that participates in the Environmental Assurance Program and is sold to a company with facilities that do not participate in the Environmental Assurance Program, the date of termination of coverage is the closing date for the real estate transaction. The purchaser shall provide documentation of the closing date to the director within 30 days of closing.
  • R311-206-10(2). Update compliance status determination using the EPA “UST and LUST Performance Definitions as of October 2018”.
  • R311-206-11(3). Remove secondary containment interstitial space testing requirement for tanks for purpose of risk calculation.
  • R311-206-11(4). Remove secondary containment interstitial space testing requirement for piping for purpose of risk calculation.
  • R311-206-11(5). Remove secondary containment interstitial space testing requirement for piping containment sumps and under-dispenser containment for purpose of risk calculation.

R311-207, Accessing the Petroleum Storage Tank Trust Fund for Leaking Petroleum Storage Tanks.

  • R311-207-3(8). Clarify the eligibility determination process.
  • R311-207-4. Remove pay for performance reimbursement to claimants.
  • R311-207-4(2)(a). Clarify the signature requirement for reimbursement from the PST Trust Fund.
  • R311-207-4(8)(a)(i). Move definition “Related parties” to a more relevant location, Underground Storage Tanks: Definitions.
  • R311-207-4(8)(a)(ii). Incorporate by reference the “Cost Guidelines for Underground Storage Tank Sites’ document, dated June 3, 2021”
  • R311-207-4(8)(a). Remove yearly approval of competitive bid schedule for frequently used services.R311-207-4(8)(b). Remove sole source justification for analytical laboratories. Replace with the Cost Guidelines document.
  • R311-207-5. Remove the document “TABLE OF UTAH PETROLEUM STORAGE TANK TRUST FUND TIME AND MATERIAL REIMBURSEMENT STANDARDS” and “UTAH PETROLEUM STORAGE TANK FUND, MAXIMUM ALLOWABLE RATE LIST FOR EQUIPMENT AND SUPPLIES” that is incorporated by reference and replace with the Cost Guidelines document.
  • R311-207-5(2). Add the Cost Guidelines document for reimbursement of claims.
  • R311-207-5(4). Add the Cost Guidelines document.
  • R311-207-5(6). Incorporate director’s ability to request audits of PST Trust Fund reimbursable work and records.
  • R311-207-7. Remove the document “CONSULTANT PERSONNEL QUALIFICATIONS AND TASK DESCRIPTIONS” table that is incorporated by reference and replace with the requirements found in the Cost Guidelines document. Remove language referring to fee schedules for reimbursement by the PST Trust Fund and replace with the Cost Guidelines document.
  • R311-207-9(1)(b). Remove requirement for approved PST Trust Fund labor rates and refer to the Cost Guidelines document.

R311-212, Administration of the Petroleum Storage Tank Loan Program.

  • R311-212—2(4). Delete “Petroleum Storage Tank Trust” and refer to it as just “Fund” because Fund is defined in R311-200-1(b)(36) as Petroleum Storage Tank Trust
  • R311-212-3(4). Clarifying that the replacement refers to Installing and replacing “petroleum” USTs. Change made so that the rule matches the statute.

Below are links to the text of the proposed Utah rule changes, the Utah Storage Tank Program Sampling Guide, UST and LUST Performance Definitions and Cost Guidelines for Underground Storage Tank Sites. In the Utah rule text document, wording to be added is underlined, and wording to be removed is struck out.