Due to legislation passed in the 2021 session, Senate Bill SB-40, Storage Tanks Amendments, the Division of Environmental Response and Remediation (DERR) began regulating specific types of Aboveground Petroleum Storage Tanks (APSTs). The bill was approved by the House and Senate in the General Legislative Session 2021 and signed by Governor Cox on March 16, 2021.
The bill addresses the regulation of storage tanks, both APSTs and underground storage tanks. Highlighted provisions of SB-40 include; the definition of terms, addressing fees, closures, notification requirements, financial assurance requirements, provides for rulemaking, addresses the Environmental Assurance Program and participation in the Petroleum Storage Tank Fund, and imposes restrictions on the delivery of petroleum. The bill has been in effect since May 5, 2021, requiring the DERR to solely manage closures, petroleum spill reporting, investigation and cleanup for new regulated APST releases.
As required by SB40, the Division of Environmental Response and Remediation (DERR) is proposing changes to R311 to add rules for Aboveground Petroleum Storage Tanks (APST)s. The proposed changes also include numerous edits suggest by the Division of Administrate Rules that are primarily formatting and word usage recommendations that make the rules compliant with Administrative Rule’s rule-writing guidance. The proposed changes were presented to the Petroleum Storage Tank Advisory Task Force on April 27, 2022. On May 12, 2022, the Utah Waste Management and Radiation Control Board approved the proposed changes for initial 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
R311-211 Corrective Action Cleanup Standards Policy-UST and CERCLA Sites
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 appear below. The entire rule filing will be available in the June 1, 2022 edition of the Utah State Bulletin.
A public hearing to receive comments on the proposed changes will be held at 2:00 pm on Wednesday, June 15, 2022, 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 LeAnn Johnson (leannjohnson@utah.gov), Office of Human Resources, at (385) 226-4881, Telecommunications Relay Service 711.
Comments on the proposed rule changes will be accepted from Wednesday, June 1, 2022, until 5:00 pm on Friday, July 1, 2022. 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.
- Changed title of R311-201 to Petroleum Storage Tanks: Definitions.
- In many places changed UST to PST, to include APST and UST
- R311-200-1(2)(b). Defined “Agricultural operations”
- R311-200-1(2)(c). Defined “APST” as Aboveground Petroleum Storage Tank
- R311-200-1(2)(s). Defined “EAP” as Environmental Assurance Program
- R311-200-1(2)(z)(aa). Defined “Historic contamination”
- R311-200-1(2)(z)(cc). Defined “In service”
- R311-200-1(2)(z)(ff). Defined “New releases”
- R311-200-1(2)(z)(oo). Defined “PST” as petroleum storage tank
- R311-200-1(2)(z)(ss). Defined “Reportable release”
- R311-200-1(2)(z)(ss)(ii). Clarified the definition of “Secondary containment” to include APSTs
- R311-200-1(2)(z)(zz)(bbb). Defined “Suspected release”
R311-201 Underground Storage Tanks: Certification Programs and UST Operator Training
- Changed title of R311-201 to Petroleum Storage Tanks: Certification Programs and UST Operator Training
- R311-201-2(b). Changed UST consultant to PST consultant
- Changed UST to PST multiple times throughout the rule
R311-203 Underground Storage Tanks: Technical Standards
- Changed title of R311-203 to Petroleum Storage Tanks: Technical Standards
- R311-203-2(5). Added notification requirements for an APST in service after May 5, 2021
- R311-203-2(6). Added requirements for an APST that is not in service before May 5, 2021is subject to notification, delivery prohibition, and release reporting requirements
- R311-203-2(7). Added APSTs not in service before May 5, 2021, must be empty
- R311-203-4. Changed to Petroleum Storage Tank Registration Fee
- R311-203-4(7). Added notification fee requirement for regulated APSTs
- R311-203-5. Added leak detection requirements for APSTs using the EAP for financial responsibility
- R311-203-5(10)(a). Added line tightness testing requirements for APSTs on EAP
- R311-203-5(10)(b). Added spill prevention requirements for APSTs on EAP
- R311-203-5(10)(c). Phase-in requirements for leak detection for APSTs on EAP and resting on the ground
- R311-203-5(10)(d). Phase-in requirements for cathodic protection of APSTs on EAP
- R311-203-5(10)(e). Phase-in requirements for overfill prevention for APSTs on EAP
- R311-203-5(10)(f). Phase-in requirements for automatic line leak detection for APSTs on EAP
R311-204 Underground Storage Tanks: Closure and Remediation.
- Changed title of R311-204 to Petroleum Storage Tanks: Closure and Remediation
- R311-204-2(1)(a). Changed UST to PST to indicate that APSTs are subject to permanent closure notification requirements
- R311-204-3(2)(e). Defined requirements for reuse of an APST
- R311-204-4(2). Added requirements for submitting a Closure Notice for APSTs
R311-205 Underground Storage Tanks: Site Assessment Protocol
- Change title of R311-205 to Petroleum Storage Tanks: Site Assessment Protocol and Release Reporting
- R311-205-2(1). Added site assessment or site check requirements for USTs and APSTs
- R311-205-2(1). Added notification to local emergency responders of a spill or overfill exceeding 25 gallons
- R311-205-3. Added sampling requirements for remote fills
- R311-205-3. Changed sampling protocol for product dispensers
R311-206 Underground Storage Tanks: Certificate of compliance and Financial Assurance Mechanism
- Changed title R311-206 to Petroleum Storage Tanks: Certificate of compliance and Financial Assurance Mechanism.
- R311-206-2(1). Owners and operator must declare Financial Assurance Mechanism.
- R311-206-3(1)(g). Added requirement for as-built drawings or site plats for new and existing PST sites.
- R311-206-3(2)(a). Initial requirements for an APST to receive a certificate of compliance to include: tank tightness tests, line tightness tests, site plats, spill, previous pollution incident report, and financial responsibility.
- R311-206-3(2)(b). Added phase in requirements for APSTs starting July 1, 2026 which includes: cathodic protection, overfill, line leak detector and secondary containment.
- R311-206-6. Changed title to Voluntary Admission of Eligible exempt Underground Petroleum Storage Tanks and eligible exempt aboveground storage tanks containing petroleum to the Environmental Assurance Program.
- R311-206-6(2). Defined eligible exempt ASTs participation in the EAP
- R311-206-8(3). Added requirements for delivery prohibition for APSTs
- R311-206-11(8). Environmental Assurance Program Risk Rebate does not apply to APSTs until July 1, 2026
R311-207 Accessing the Petroleum Storage Tank fund for Leaking Petroleum Storage Tanks
- R311-207-2(5). Clarified the reimbursement percentages for new and historic releases
R311-208, Underground Storage Tank Penalty Guidance
- Changed title R311-208 to Petroleum Storage Tank Penalty Guidance
- R311-208-2. Change title to Petroleum Storage Tank Penalty Criteria
R311-211, Corrective Action Cleanup Standards Policy-UST and CERCLA Sites
- Change title R311-211 to Corrective Action Cleanup Standards Policy-PST and CERCLA Sites
R311-212, Administration of the Petroleum Storage Tank Loan Program
- Change title R311-212 to Administration of the Petroleum Storage Tank Fund Loan Program
- Made several minor clarifications of terms in the rule.
Proposed Utah Rule Changes (05/20/2022)