DAR File No. 29838

Environmental Quality, Environmental Response and Remediation

R311-200

Underground Storage Tanks: Definitions

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29838
Filed: 04/18/2007, 01:42
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 19-6-403 of the Utah Underground Storage Tank (UST) Act gives the Utah Solid and Hazardous Waste Control Board authority to regulate USTs and petroleum storage tanks, and make rules for administration of the petroleum storage tank program. Subsection 19-6-105(1)(g) of the Solid and Hazardous Waste Act gives the Board the authority to establish standards governing USTs.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

One comment on this rule was received during a public comment period for a proposed rule change. The proposed rule change modified the definition of UST Installation to include cathodic protection installation, service, and repair. The comment referred to the possibility that minor adjustments or repairs to the cathodic protection system would fall under the definition and would have to be performed by certified UST installers.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule is necessary for continued operation of the UST program. It contains important definitions that clarify terms used elsewhere in the UST rules. Therefore, this rule should be continued. The proposed rule change envisioned that UST installation would include service or repairs critical to the integrity of the UST system. Minor repairs generally would not fall under the definition of critical to the integrity of the system, and would not require a certified UST installer to perform them. The proposed change was adopted without modification.

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

Environmental Quality
Environmental Response and Remediation
168 N 1950 W
SALT LAKE CITY UT 84116-3085

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

Authorized by:

Brad T Johnson, Director