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DAR File No. 27198 |
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| This filing was published in the 06/15/2004, issue, Vol. 2004, No. 12, of the Utah State Bulletin. | |
| [ 06/15/2004 Bulletin Table of Contents / Bulletin Page ] | |
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Environmental Quality, Environmental Response and Remediation R311-205 Underground Storage Tanks: Site Assessment Protocol
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NOTICE OF PROPOSED RULE |
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DAR File No.: 27198
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RULE ANALYSIS |
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Purpose of the rule or reason for the change: |
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This rule is being amended to reduce redundancy, and to clarify the requirements for conducting a proper site assessment for underground storage tank (UST) closures and leaking underground storage tank (LUST) site investigations.
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Summary of the rule or change: |
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Section R311-205-2 is being modified to clarify appropriate laboratory analytical methods to be used when testing environmental samples for contaminant levels, and to simplify the redundant language used throughout the text. Similar site assessment requirements for tanks, piping, and dispenser islands have been consolidated to reduce redundancy. Some nonsubstantive language has been added or deleted to make the requirements easier to understand. Subsection R311-205-2(c) is being modified to simplify redundant language used throughout the text. Some nonsubstantive language has been added or deleted to make the requirements easier to understand. In Subsection R311-205-2(d), analytical requirements have been expanded for testing of an "unknown" product type. Typically, property transactions involving lending institutions are increasingly becoming more concerned with long-term liability, environmental cleanup costs and regulatory site closure. Therefore, it is important to determine the characteristics of the contaminants where it is not known what type of petroleum product was released. To assist prospective purchasers, current landowners, and lending institutions in minimizing their long-term liability concerns, the Division is requiring an unknown substance to be fully analyzed for the entire spectrum of possible petroleum-related contaminants.
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State statutory or constitutional authorization for this rule: |
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Sections 19-6-205 and 19-6-413
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| This rule or change incorporates by reference the following material: | |
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Analytical Methods for Environmental Sampling at Underground Storage Tanks Sites in Utah (July 2004); and EPA Compendium of ERT Surface Water and Sediment Sampling Procedures, January 1991
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Anticipated cost or savings to: |
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the state budget: |
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Since this rule simply streamlines an existing program, there are no anticipated increases in staff time or administrative expenditures, and as such, there is no cost or savings anticipated at the state level for continued administration of the program.
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local governments: |
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Since this rule simply streamlines an existing program, there are no anticipated increases in staff time or administrative expenditures, and as such, there is no cost or savings anticipated at the local level for continued administration of the program.
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other persons: |
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The aggregate cost on a per year basis is approximately $3,000 (e.g., 10 unknown tanks found at $300 per tank for the additional laboratory analytical testing) for sampling for additional petroleum products when it is an "unknown" tank. However, unknown tanks are rarely found and when they are, a full analytical screening up-front will reduce later costs for remobilizing to the site to collect additional samples to test for the complete spectrum of contaminants as they are currently doing at the request of prospective purchasers or lending institutions.
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Compliance costs for affected persons: |
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There will be an initial increase in costs by approximately $130 - $150 per sample or $260 - $300 per tank for persons sampling for additional petroleum products when it is an "unknown" tank. However, unknown tanks are rarely found and when they are, a full analytical screening up-front will reduce later costs for remobilizing to the site to collect additional samples to test for the complete spectrum of contaminants as they are currently doing at the request of prospective purchasers or lending institutions.
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Comments by the department head on the fiscal impact the rule may have on businesses: |
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This amended rule will help clarify the minimum requirements for conducting proper sampling methodologies at both UST and leaking underground storage tank sites by reducing redundant language and being more specific on analytical requirements for testing at UST sites where the prior usage is unknown or unclear. Dianne R. Nielson, Ph.D., Executive Director
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The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at: |
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Environmental Quality Environmental Response and Remediation 168 N 1950 W SALT LAKE CITY UT 84116-3085
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Direct questions regarding this rule to: |
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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
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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: |
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07/15/2004
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Interested persons may attend a public hearing regarding this rule: |
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7/06/2004 at 1:30 PM, Department of Environmental Quality, 168 N 1950 W, Room 101, Salt Lake City, UT
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This rule may become effective on: |
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08/16/2004
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Authorized by: |
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Dianne R. Nielson, Executive Director
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RULE TEXT |
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R311. Environmental Quality, Environmental Response and Remediation. R311-205. Underground Storage Tanks: Site Assessment Protocol. R311-205-1. Definitions. Definitions are found in [
R311-205-2. Site Assessment Protocol. (a) General Requirements. (1) [ (2) Groundwater samples shall be collected in
accordance with the "EPA RCRA Ground-water Monitoring Technical Enforcement
Guidance Document" (OSWER Directive 9950.1), 1986 or as determined by
the Executive Secretary. Surface
water samples shall be collected in accordance with protocol established in the
[ ([
(4) The owner or operator shall report the discovery of any release or suspected release to the Executive Secretary within twenty-four hours. Owners or operators shall begin release investigation and confirmation steps in accordance with 40 CFR 280, Subpart E upon suspecting a release. Owners or operators shall begin release response and corrective action in accordance with 40 CFR 280, Subpart F upon confirming a release. (5) All
environmental samples shall be collected by a certified groundwater and soil
sampler who meets the requirements of [ (6) All
environmental samples [ (7) Environmental samples for UST permanent closure or change in service shall be collected according to the protocol outlined in Subsection R311-205-2(b), after the UST system is emptied and cleaned and after the closure plan has been approved. (8) Environmental confirmation samples are required following overexcavation of soils. Confirmation samples shall be taken at locations and depths sufficient to detect the presence, extent and degree of a release from any portion of the UST in accordance with 40 CFR 280, Subparts E, F and G. Additional confirmation samples may be required as determined by the Executive Secretary. (9) Upon confirming a release, a site assessment report, an updated site plat, analytical laboratory results, chain of custody forms, and all other applicable documentation required by 40 CFR 280, Subparts E and F, following any abatement, investigation or assessment, monitoring, remediation or corrective action activities, shall be submitted to the Executive Secretary within the specified time frames as outlined in compliance schedules. (10) When conducting environmental sampling to satisfy the requirements of 40 CFR 280, subparts E and F, soil classification samples to determine native soil type shall be collected at locations and depths as outlined in compliance schedules, or as determined by the Executive Secretary. Techniques of the Unified Soil Classification such as a sieve analysis or laboratory classification, or a field description from a qualified individual as determined by the Executive Secretary, may be used to satisfy requirements of determining native soil type. ([ (b) Site Assessment Protocol for UST Closure. [
([ (2) One soil classification sample to
determine native soil type shall be collected at the same depth as indicated
for environmental samples, at each tank and product piping area. For all dispenser islands, only one
representative sample to determine native soil type is required[ (3) For purposes of complying with Rule R311-205, for tanks or piping to be removed, closed in-place or that undergo a change in service, a tank or product piping area is considered to be an excavation zone or equivalent volume of material containing one, or more than one immediately adjacent, UST or piping run. (4) Environmental Sampling Protocol for UST closures: (A) For a tank area containing one UST, one soil sample shall be collected at each end of the tank. If groundwater is contacted during the process of collecting soil samples, a minimum of one groundwater and one soil sample shall be collected from each end of the tank. (B) For a tank area containing more than one UST, one soil sample shall be collected from each corner of the tank area. If groundwater is contacted during the process of collecting soil samples, a minimum of one groundwater and one soil sample shall be collected from each end of the tank area. (C) Product piping samples shall be collected from each product piping area, at locations where leaking is most likely to occur, such as joints, connections and fittings, at intervals which do not allow more than 50 linear feet of piping in a single piping area to go unsampled. If groundwater is contacted during the process of collecting soil samples, a minimum of one groundwater and one soil sample shall be collected from each piping area where groundwater was encountered. (D) For dispenser islands, environmental samples shall be collected from the middle of each dispenser island. Additional environmental samples shall be collected at intervals which do not allow more than 25 linear feet of dispenser island piping to go unsampled. If groundwater is contacted during the process of collecting soil samples, a minimum of one groundwater and one soil sample shall be collected from each dispenser island where groundwater was encountered. [
(c) [ (1) Owners or
operators [ [
([
(d) Laboratory Analyses of Environmental Samples. (1) Environmental samples which have been collected to
determine levels of contamination from underground storage tanks shall be
analyzed using appropriate laboratory analytical methods as referenced
in the [ (2) Environmental
samples which have been collected to determine levels of contamination by
gasoline shall be analyzed for total petroleum hydrocarbons (purgeable TPH
as gasoline range organics C6 - C10),benzene, toluene,
ethylbenzene, [ (3) Environmental samples which have been collected to determine levels of contamination by diesel fuel shall be analyzed for total petroleum hydrocarbons (extractable TPH as diesel range organics C10 - C28), benzene, toluene, ethylbenzene, xylenes and naphthalene (BTEXN). (4) Environmental samples which have been collected to determine levels of contamination by used oil shall be analyzed for oil and grease (O and G) or total recoverable petroleum hydrocarbons (TRPH); and for benzene, toluene, ethylbenzene, xylenes, naphthalene (BTEXN); methyl tertiary butyl ether (MTBE); and halogenated volatile organic compounds (VOX). (5) Environmental samples which have been collected to determine levels of contamination by new oil shall be analyzed for oil and grease (O and G) or total recoverable petroleum hydrocarbons (TRPH). (6) Environmental samples which have been collected to determine levels of contamination from underground storage tanks which contain substances other than or in addition to petroleum shall be analyzed for appropriate constituents as determined by the Executive Secretary. (7) Environmental samples which have been collected to determine levels of contamination for an unknown petroleum product type shall be analyzed for total petroleum hydrocarbons (purgeable TPH as gasoline range organics C6 - C10); total petroleum hydrocarbons (extractable TPH as diesel range organics C10 - C28); oil and grease (O and G) or total recoverable petroleum hydrocarbons (TRPH); benzene, toluene, ethylbenzene, xylenes and naphthalene (BTEXN) and methyl tertiary butyl ether (MTBE); and for halogenated volatile organic compounds (VOX). ([ ([
KEY: hazardous substances, petroleum, underground
storage tank[ [ Notice of Continuation March 6, 2002 19-6-205 19-6-413
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ADDITIONAL INFORMATION |
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PLEASE NOTE:
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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. |
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| [ 06/15/2004 Bulletin Table of Contents / Bulletin Page ] | |
| Last modified: 06/14/2004 4:50 PM | |