DAR File No. 27197

Environmental Quality, Environmental Response and Remediation

R311-204

Underground Storage Tanks: Closure and Remediation

NOTICE OF PROPOSED RULE

DAR File No.: 27197
Filed: 05/29/2004, 08:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment improves grammar and punctuation to make the rule more easy to understand; and provides for submittal of a closure notice for temporary closure of Underground Storage Tanks (USTs).

Summary of the rule or change:

This amendment makes various changes to the rule wording to make the rule easier to understand, and correct legal citation format; and adds wording to require the owner/operator to submit a temporary closure notice within 120 days of the beginning of temporary closure, if the tank is temporarily closed for a period longer than 3 months.

State statutory or constitutional authorization for this rule:

Sections 19-6-105, 19-6-402, and 19-6-403

Anticipated cost or savings to:

the state budget:

None--The changes improve and clarify the wording of the rule, and add a requirement that underground storage tank owner/operators complete and submit a form when USTs are temporarily closed.

local governments:

None--The changes improve and clarify the wording of the rule, and add a requirement that underground storage tank owner/operators complete and submit a form when USTs are temporarily closed.

other persons:

None--The changes improve and clarify the wording of the rule, and add a requirement that underground storage tank owner/operators complete and submit a form when USTs are temporarily closed.

Compliance costs for affected persons:

The only anticipated cost would be the minimal cost of completing and submitting a form when USTs are temporarily closed for longer than three months.

Comments by the department head on the fiscal impact the rule may have on businesses:

These changes would not have any fiscal impact on businesses. The changes only add a requirement for completing and submitting a form when underground storage tanks are taken out of service temporarily. Dianne R. Nielson, Ph.D., Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Gary Astin at the above address, by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2004

Interested persons may attend a public hearing regarding this rule:

7/06/2004 at 1:30 PM, Department of Environmental Quality, 168 N 1950 W, Room 101, Salt Lake City, UT

This rule may become effective on:

08/16/2004

Authorized by:

Dianne R. Nielson, Executive Director

RULE TEXT

R311. Environmental Quality, Environmental Response and Remediation.

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

R311-204-1. Definitions.

Definitions [for this rule ]are found in Section R311-200.

R311-204-2. Underground Storage Tank Closure Plan.

(a) Owners or operators of all underground storage tanks or any portion thereof which are to be permanently closed or undergo change-in-service shall submit a permanent closure plan to the Executive Secretary of the Utah Solid and Hazardous Waste Control Board. The permanent closure plan shall be submitted by the owner or operator as fulfillment of the 30-day permanent closure notification requirement in accordance with 40 CFR 280 Subpart G.

(b) [Tanks which are]If a tank is to be removed as part of corrective action as allowed by 40 CFR 280 Subpart G, the owner or operator is [are ]not required to submit a closure plan, but must meet the requirements of 40 CFR 280.66(d) before any removal activity takes place, and must submit a corrective action plan as required by 40 CFR 280.66.

(c) The closure plan [must]shall address applicable issues involved with permanent closure or change-in-service, including[ which includes]: tank disposal handling and final disposal site, product removal, sludge disposal, vapor purging or inerting, removing or securing [or]and capping product piping, removing vent lines or securing vent lines open, tank cleaning, environmental sampling, contaminated soil and water management, in-place tank disposal or tank removal, transportation of tank, permanent disposal and other disposal activities which may affect human health, human safety or the environment.

(d) No underground storage tank shall be permanently closed or undergo change-in-service prior to the owner['s] or operator receiving final approval of the submitted permanent tank closure plan by the Executive Secretary, except as outlined in Subsection R311-204-2(b). Closure plan approval shall be effective for a period of one year. If the underground storage tank has not been permanently closed or undergone change in service as proposed within one year following approval from the Executive Secretary, the plan must be re-submitted for approval, unless otherwise approved by the Executive Secretary.

(e) Permanent closure plans shall be prepared using the current approved form[s] according to guidance furnished by the Executive Secretary.

(f) [Approved permanent closure plans shall be on site during the entire closure activity. It is the responsibility of t]The owner or operator [to assure]shall ensure that the approved permanent closure plan and approval letter are on site during all closure activities.

(g) Any deviation[s] from or modification[s] to an approved closure plan must be approved by the Executive Secretary prior to implementation, and must be submitted in writing to the Executive Secretary.

(h) The Executive Secretary shall be notified at least 72 hours prior to the start of closure activities.

R311-204-3. Disposal.

(a) Tank labeling. All tanks which are permanently closed by removal must be labeled immediately after being [pulled]removed from the ground with the facility identification number and information about previously contained substances.

(1) Removed tanks which have contained motor fuels or other regulated products, except leaded motor fuels, must be labeled with letters at least two inches high which read:

"CONTAINED (UNLEADED GASOLINE, DIESEL OR OTHER AS APPROPRIATE), FLAMMABLE. REMOVED: MONTH/DAY/YEAR."

(2) Removed tanks which have contained leaded motor fuel, or whose service history is unknown, must be labeled with letters at least two inches high which read:

"CONTAINED LEADED GASOLINE. HEATING RELEASES LEAD VAPORS, FLAMMABLE. REMOVED: MONTH/DAY/YEAR."

(b) Removed tanks shall be expeditiously disposed of as regulated underground storage tanks by the following methods:

(1) The tank may be cut up after the interior atmosphere is first purged or inerted.

(2) The tank may be crushed after the interior atmosphere is first purged or inerted.

(3) The tank may not be used to store food or liquid intended for human or animal consumption.

(4) The tank may be disposed of in a manner approved by the Executive Secretary.

(c) Tank transportation. Used tanks which are transported on roads of the State of Utah must be cleaned inside the tank prior to transportation, and be free of all product, free of all vapors, or rendered inert during transport.

R311-204-4. Closure Notice.

(a) Owners or operators of underground storage tanks which [have been]were permanently closed or had a change-in-service prior to December 22, 1988 shall submit a completed closure notice, unless the tanks were properly closed on or before January 1, 1974.

(b) [The closure notice shall be submitted on the current approved closure notice form.

(c) ]Owners or operators of underground storage tanks which [have been]are permanently closed[, had] or have a change-in-service [or temporary closed over 12 months duration, ]after December 22, 1988 shall submit a completed closure notice form and the following information within 90 days after tank closure:

(1) All results from the closure site assessment conducted in accordance with Section R311-205, including analytical laboratory results and chain of custody forms.

(2) Effective January 1, 1993, a site plat displaying depths and distances such that the sample locations can be determined solely from the site plat. The site plat [should]shall include: scale, north arrow, streets, property boundaries, building structures, utilities, underground storage tank system location, location of any contamination observed or suspected during sampling, location and volume of any stockpiled soil, the extent of the excavation zone, and any other relevant features. All sample identification numbers used on the site plat [must]shall correspond to the chain of custody form[,] and the lab analysis report.

(c) Owners and operators of underground storage tanks that are temporarily closed for a period greater than three months shall submit a completed temporary closure notice within 120 days after the beginning of the temporary closure.

(d) All closure notices for permanent and temporary closure shall be submitted on the current approved forms.

R311-204-5. Remediation.

(a) Any UST release management, abatement, investigation, corrective action or evaluation activities performed for a fee, or in connection with services for which a fee is charged, must be performed under the supervision of a Certified UST Consultant, except as outlined in sections 19-6-402(6)(b)(i), 19-6-402(6)(b)(ii), and R311-204-5[](b).

(b) [A]At the time of UST closure, a certified UST Remover may overexcavate and properly dispose of up to 50 cubic yards of contaminated soil per facility, or another volume approved by the Executive Secretary, in addition to the minimum amount required for [removal]closure of the UST[ at the time of tank removal]. This overexcavation may be performed without the [approval]supervision of a certified UST Consultant. Appropriate confirmation samples must be taken by a certified groundwater and soil sampler in accordance with R311-201 for the purpose of determining the extent and degree of contamination.

KEY: hazardous substances, petroleum, underground storage tanks[*]

[October 9, 1998]2004

Notice of Continuation March 6, 2002

19-6-105

19-6-402

19-6-403

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Gary Astin at the above address, by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at gastin@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.