DAR File No. 31497

Environmental Quality, Environmental Response and Remediation

R311-206-3

Requirements for Issuance of Certificates of Compliance

NOTICE OF PROPOSED RULE

DAR File No.: 31497
Filed: 05/29/2008, 10:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is changed to strengthen the requirement for submittal of an as-built drawing of a new Underground Storage Tank (UST) system by tying it to the issuance of a certificate of compliance, a document that the owner/operator must receive before putting the new UST system into operation. The requirement is already in rule (Subsection R311-203-3(e)) and is added to the requirements for receiving a certificate of compliance to ensure that the drawings will be submitted.

Summary of the rule or change:

Section R311-206-3 is modified to add a requirement that an UST owner/operator submit to the Executive Secretary an as-built drawing of a new UST system in order to obtain a certificate of compliance for that UST.

State statutory or constitutional authorization for this rule:

Sections 19-6-105 and 19-6-428

Anticipated cost or savings to:

the state budget:

No cost or savings anticipated. The requirement is already in rule and is added to the requirements for receiving a certificate of compliance to strengthen enforcement.

local governments:

No cost or savings anticipated. The requirement is already in rule and is added to the requirements for receiving a certificate of compliance to strengthen enforcement.

small businesses and persons other than businesses:

No cost or savings anticipated. The requirement is already in rule and is added to the requirements for receiving a certificate of compliance to strengthen enforcement.

Compliance costs for affected persons:

No costs anticipated. The requirement is already in rule and is added to the requirements for receiving a certificate of compliance to strengthen enforcement.

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

It is not anticipated that this requirement will have any material cost associated with it. Detailed construction drawings are generally made for new UST installations, and a simplified version can be created to meet the requirement. Having the drawing helps in locating tanks, piping, and other parts of the UST system, and is useful for general site assessments, release investigations, and providing information to the public. An acceptable drawing does not have to be overly detailed or complicated, and creating one is not expected to be burdensome. Richard W. Sprott, Executive Director

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

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:

07/16/2008

Interested persons may attend a public hearing regarding this rule:

7/01/2008 at 2:00 PM, Department of Environmental Quality, 168 N 1950 W, Room 101, Salt Lake City, UT

This rule may become effective on:

08/18/2008

Authorized by:

Brad T Johnson, Director

R311. Environmental Quality, Environmental Response and Remediation.

R311-206. Underground Storage Tanks: Financial Assurance Mechanisms.

R311-206-3. Requirements for Issuance of Certificates of Compliance.

(a) The Executive Secretary shall issue a certificate of compliance to an owner or operator for individual petroleum storage tanks at a facility if:

(1) the owner or operator has a certificate of registration;

(2) the tank is substantially in compliance with all state and federal statutes, rules and regulations;

(3) the UST test, conducted within 6 months before the tank was registered or within 60 days after the date the tank was registered, indicates that each individual UST is not leaking;

(4) the owner or operator has submitted a letter to the Executive Secretary stating that based on customary business inventory practices standards there has been no release from the tank;[ and]

(5) the owner or operator has submitted a completed application according to a form provided and approved by the Executive Secretary, and has declared the financial assurance mechanism that will be used;[ and]

(6) the owner or operator has met all requirements for the financial assurance mechanism chosen, including payment of all applicable fees[.]; and

(7) the owner or operator has submitted an as-built drawing that meets the requirements of R311-200-1(b)(3).

 

KEY: hazardous substances, petroleum, underground storage tanks

Date of Enactment or Last Substantive Amendment: [September 15, 2006]2008

Notice of Continuation: April 18, 2007

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-428