Underground Storage Tanks Proposed Changes:
Environmental Response and Remediation Laws and Rules

Proposed Amendments to Utah Administrative Code R311:
Underground Storage Tank Rules

The Division of Environmental Response and Remediation (DERR) is proposing changes to the Utah Underground Storage Tank (UST) rules to implement changes made to the Utah UST Act by the 2014 Utah legislature (HB 138), and make other changes to clarify the rules and address certain issues.

Summary of the Proposed Changes

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

In R311-201-12, adds certified testers to a list of certified individuals qualified to become third-party class B operators, adopts an updated monthly operator inspection form, and clarifies the requirement to have an automatic shutoff device at unmanned fueling locations.

R311-204, Underground Storage Tanks: Closure and Remediation

In R311-204-3, simplifies labeling requirements for removed USTs by reducing what must be written on the tanks.

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

Adds new section R311-206-11, Environmental Assurance Fee Rebate Program.  This new section creates a mechanism to rebate a portion of the Environmental Assurance Fee assessed to facilities that participate in the Environmental Assurance Program (PST Fund).  This is required by HB138.

R311-209, Petroleum Storage Tank Cleanup Fund and State Cleanup Appropriation

Adds new section R311-209-4, Recovery of Management and Oversight Expenses. This section clarifies who may be exempted from reimbursing the DERR for oversight costs on non PST Covered releases.

R311-212, Administration of the Petroleum Storage Tank Loan Fund

Changes required by HB138 remove references to “Loan Fund” and specify the portion of PST Funds available for loans (R311-212-2).  Other changes adopt updated loan documents (R311-212-10), and change citation references.  Changes to the documents incorporated by reference include changing “Executive Secretary” to “Director”, removing references to “Loan Fund” and the 3% interest rate previously charged on loans, and adding wording proposed by the Attorney General’s office to bring the documents into conformity with other state loan documents.


On August 14, 2014 the Utah Solid and Hazardous Waste Control Board approved the proposed amendments for publication and public comment. The rules to be amended are:

  • R311-201, Underground Storage Tanks: Certification Programs and UST Operator Training
  • R311-204, Underground Storage Tanks: Closure and Remediation
  • R311-206, Underground Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms
  • R311-209, Petroleum Storage Tank Cleanup Fund and State Cleanup Appropriation
  • R311-212, Administration of the Petroleum Storage Tank Loan Fund

In the rule text document, wording to be added to the rule is underlined, and wording to be removed from the rule is struck out.

Copies of the proposed changes are available at:

Division of Environmental Response and Remediation
195 North 1950 West
Salt Lake City, Utah

Copies may also be requested by contacting Gary Astin (801) 536-4103.

A public hearing to receive comments on the proposed changes will be held at:

2:00 p.m., Tuesday, September 16, 2014
Utah Department of Environmental Quality
Multi-Agency State Office Building, Room 1015
195 North 1950 West
Salt Lake City, Utah

Comments on the proposed rule changes will be accepted from Monday, September 1, 2014, until 5:00 pm on Wednesday, October 1, 2014. Comments may be submitted in writing or by Email.

Submit written comments to:

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

Submit comments by Email to UST Comments.

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.