



                          TECHNICAL SUPPORT DOCUMENT
                                       
                     Utah Underground Storage Tank Program
                                       
                                       
                                       
                                       
                               Technical Review
                                      of 
      The State of Utah's Underground Storage Tank Rules and Statutes 
                                       
                                       
                                       
                                       

                   Revisions Submitted on February 28, 2018
                                       
                                       
                                       


                                April 17, 2018








                       FOR FURTHER INFORMATION, CONTACT:
Matthew Langenfeld, United States Environmental Protection Agency Region 8, Underground Storage Tank Section (8P-R), 1595 Wynkoop Street, Denver, CO 80202-1129, (303) 312-6284.

                              Table of Contents:
                                       

 Executive Summary
 Summary of State of Utah Submittal
 Technical Review of State of Utah Submittal
 Conclusion








































 Executive Summary
   
   This technical support document (TSD) reviews proposed revisions to the Utah Underground Storage Tank (UST) Program. It provides a side by side comparison of the federal requirements and the corresponding Utah Administrative Code (UAC) rules and Utah Statutes. 
   
 Summary of State of Utah Submittal
   
   The State of Utah submitted significant changes to its UST program in order to comply with recent changes to the EPA's UST program regulations. See, 80 FR 41566 (July 15, 2015). In accordance with 40 CFR 281.20, the State of Utah submitted a transmittal letter from the Governor, Gary Richard Herbert requesting approval, a description of the program and operating procedures, a demonstration of the state's procedures to ensure adequate enforcement, a memorandum of agreement outlining the roles and responsibilities of the EPA and the implementing agency, a statement of certification from the Attorney General, and copies of all relevant state statutes and regulations. The State of Utah's application was found to be complete.
   
 Technical Review of State of Utah Submittal
   
   This technical review of the February 28, 2018 submittal consists of a comparison between the relevant Code of Federal Regulations (CFR) UST requirements and the corresponding sections in the State of Utah's submittal. The program was analyzed to ensure that all of the submitted rules were no less stringent than the corresponding federal requirements. 40 CFR 281.30 through 40 CFR 281.39 contain the requirements which a state must meet in order for its rules to be considered no less stringent than federal rules.

   For specific information on the EPA's analysis of the State's application, reference Subpart A Purpose, General Requirements and Scope, Subpart B Components of a Program Application, Subpart C Criteria for No Less Stringent, and Subpart D Adequate Enforcement of Compliance, provided in the docket for the rulemaking.  Please note the following Broader in Scope and More Stringent Provisions.

 Broader in Scope Provisions
         The following statutory and regulatory provisions are considered broader in coverage than the federal program:
 Utah requires owners and operators of regulated UST systems to demonstrate financial assurance as required by 40 CFR 280, Subpart H. Utah Administrative Code R311-206-2(a)(1) and (b) allows these facilities to meet all requirements for participation in the Environmental Assurance Program, a State-only program or to show financial assurance by another method.
 Utah Administrative Code R311-206-2(c) requires one financial assurance mechanism for all tanks at a facility. 
 Under Utah Statutes, Title 19, Chapter 6, Part 4 - Underground Storage Tank Act, Section 412(6), certificates of compliance are required for owners and operators of regulated UST systems and are issued by the State for facilities that are registered, have financial assurance, comply federal and state rules, and meet tank testing requirements.
 Under Utah Statutes, Title 19, Chapter 6, Part 4 - Underground Storage Tank Act, Section 411(7), the DERR Director shall issue certificates of compliance and the Waste Management and Radiation Control Board shall make rules for identifying USTs that do not qualify for a certificate of compliance. 
 Under UAC R311-206-3 the requirements for issuance of certificates of compliance are listed. 
 Under UAC R311-206-8, the DERR Director shall authorize the placement of a delivery prohibition tag identifying an UST that does not have a certificate of compliance or does not have spill or overfill prevention equipment, or equipment for tank or piping leak detection or corrosion protection. 
 The delivery prohibition tag shall remain in place until the DERR Director issues a new certificate of compliance and written authorization to remove the delivery prohibition tag.
 Under UAC R311-201-2, Utah requires that UST consultants, inspectors, testers, installers, removers, and groundwater and soil samplers be State certified.
 Under UAC R311-201-2, Utah allows individuals to apply for certification.
 Under UAC R311-201-4, Utah lists eligibility requirements for certification of UST consultants, inspectors, testers and installers. 
 Under UAC R311-203-3, Utah requires certified installers to pay a permit fee for installation at facilities that do not qualify for a certificate of compliance and to notify the DERR Director of the completion of installation. 
 Under UAC R311-201-5 through 10, Utah allows for renewal of certificates, provides standards of performance, gives the DERR Director the ability to deny certification and allows for appeal, inactivation, revocation, and reciprocity.
 Under UAC R311-203-3, Utah requires installers to provide notification to the State 10 days prior to installation of UST systems and components and requires an UST installation permit fee.
 Under UAC R311-203-4, Utah requires UST registration fees.
 Under UAC R311-201-5, remediation work performed for a fee must be overseen by a Certified UST Consultant and excavation work must be followed by confirmation samples taken by a certified groundwater and soil sampler.
 Under UAC R311-206-6, Utah allows eligible exempt tanks to participate in the Environmental Assurance Program. Under UAC R311-206-7(b) and (c), Utah allows revocated or lapsed certificates of compliance to be reissued after demonstrating compliance. 
 Under UAC R311-206-7(d) through (f), Utah requires owners and operators to pay all fees, interest and penalties prior to reinstate eligibility, permanently closed USTs are not eligible for reissuance of a certificate of compliance, and the DERR director may revoke a certificate of compliance for failure to comply with 40 CFR 280.
 Under UAC R311-206-9 through UAC R311-206-11, Utah has provisions that regulate removing participating tanks from the Environmental Assurance Program, participation in the Environmental Assurance Program, and the environmental assurance fee rebate program.
 Under UAC 311-207, Utah provides regulations for accessing the Petroleum Storage Tank Trust Fund for leaking petroleum storage tanks.
 Provisions for use of State cleanup appropriation, allocating Petroleum Storage Tank Cleanup Funds, and recovery of management and oversight expenses are included under UAC 311-209-1 through UAC 311-209-4.
 Administration of the petroleum storage tank loan program are included under UAC 311-212-1 through UAC 311-212-11.
 Where an approved state program has a greater scope of coverage than required by federal law, the additional coverage is not part of the federally-approved program. 40 CFR 281.12(a)(3)(ii).

 More Stringent Provisions
         The following statutory and regulatory provisions are considered more stringent in coverage than the federal program:
 Under UAC R311-201-12(f), Utah requires third-party Class B operators to be certified as an UST tester, installer or meet the requirements of a certified UST inspector. 
 Under UAC R311-203-5, Utah requires that UST testers report test results. 
 Additional requirements for tank tightness testing, secondary containment sump tightness testing, and cathodic protection testing are included under UAC R311-203-5. 
 Under UAC R311-203-7(a), Utah requires walkthrough inspections conducted under 40 CFR 280.36 be conducted by or under the direction of a Class B Operator. 
 Under UAC R311-203-7(c), Utah requires UST facility temporarily closed tanks to have an annual operator inspection.
 Under UAC R311-211-12(h)(2) and (3), Utah requires Class A and B operators to submit a registration application to the DERR Director, documenting proper training with renewal registration application prior to expiration.
 Under UAC R311-201-12(f), Utah requires third-party Class B operators to certify as a State-only UST Tester, certify as a State-only UST Installer, or meet the requirements of a certified UST Inspector.
 Under UAC R311-204-2(h), Utah requires that the DERR Director be notified at least 72 hours prior to the start of closure activities.
 Under UAC R311-204-3, Utah provides requirements for disposal of tanks. 
 Under UAC R311-204-4(a) and (b), Utah requires owners and operators of permanently closed USTs to submit a closure notice form.
               
 
 Conclusion
         
   We have determined that the State of Utah has met the no less stringent than requirement. The program revisions are consistent with the requirements of the Resource Conservation and Recovery Act (RCRA) and EPA's regulations, policy, and guidance.



 
