Environmental Quality - Environmental Response and Remediation - Underground Storage Tanks: Definitions

Published: 2021-09-13

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R311. Environmental Quality, Environmental Response and Remediation.
R311-200. Underground Storage Tanks: Definitions.
R311-200-1. Definitions.
(1) Terms used in this rule are defined in Section 19-6-402.
(2) In addition, for purposes of this rule:
(a) "Actively participated" for the purpose of the certification programs means that the individual applying for certification must have had operative experience for the entire project from start to finish, whether it be an installation or a removal.
(b) "As-built drawing" for the purpose of notification means a drawing to scale of newly constructed USTs. The USTs shall be referenced to buildings, streets and limits of the excavation. The drawing shall show the locations of tanks, product lines, dispensers, vent lines, cathodic protection systems, and monitoring wells. Drawing size must be limited to 8-1/2" x 11" if possible, but shall in no case be larger than 11" x 17".
(c) "Backfill" means any foreign material, usually pea gravel or sand, which usually differs from the native soil and is used to support or cover the UST system.
(d) "Certificate" means a document that evidences certification.
(e) "Certification" means approval by the director or the Board to engage in the activity applied for by the individual.
(f) "Certified sampler" is the person who performs environmental media sampling for compliance with Utah UST rules.
(g) "Certified Environmental Laboratory" means a laboratory certified by the Utah Department of Health as outlined in Rule R444-14 to perform analyses according to the laboratory methods identified for UST sampling in Subsection R311-205-2(5).
(h) "Change-in-service" means the continued use of an UST to store a non-regulated substance.
(i) "Claimant" means any person eligible to submit requests for reimbursement of costs against the Petroleum Storage Tank Trust Fund as determined by the director.
(j) "Community water system" means a public water system that serves at least fifteen service connections used by year-round residents or regularly serves at least 25 year-round residents.
(k) "Confirmation sample" means an environmental sample taken, excluding closure samples as outlined in Section R311-205-2, during soil over-excavation or any other remedial or investigation activities conducted for the purpose of determining the extent and degree of contamination.
(l) "Consultant" is a person who is a certified UST consultant according to Subsection 19-6-402(7) and Section R-311-201-2.
(m) "Cost Guidelines" refers to the Cost Guidelines for Utah Underground Storage Tank Sites document, dated June 3, 2021. This document contains personnel classifications, requirements, and rates, general tasks and responsibilities for personnel, maximum allowable equipment and laboratory rates, and specific items or activities that will and will not be reimbursed by the Fund.
(n) "Customary, reasonable and legitimate expenses" means costs incurred during the investigation, abatement, and corrective actions that address a release which are normally charged according to accepted industry standards, and which must be justified in an audit as an appropriate cost. The costs must be directly related to the tasks performed.
(o) "Customary, reasonable and legitimate work" means work for investigation, abatement and corrective action that is required to reduce contamination at a site to levels that are protective of human health and the environment. Acceptable levels may be established by risk-based analysis and taking into account current or probable land use as determined by the director following the criteria in Rule R311-211.
(p) "Department" means the Utah Department of Environmental Quality.
(q) "Eligible exempt UST" for the purpose of eligibility for the Utah Petroleum Storage Tank Trust Fund means a tank specified in Subsection 19-6-415(1).
(r) "Environmental media sample" is a groundwater, surface water, air, or soil sample collected, using appropriate methods, for the purpose of evaluating environmental contamination.
(s) "EPA" means the United States Environmental Protection Agency.
(t) "Expeditiously disposed of" means disposed of as soon as practical so as not to become a potential threat to human health or safety or the environment, whether foreseen or unforeseen as determined by the director.
(u) "Fiscal year" means a period beginning July 1 and ending June 30 of the following year.
(v) "Full installation" for the purposes of Subsection 19-6-411(2) means the installation of an UST.
(w) "Groundwater sample" is a sample of water from below the surface of the ground collected according to protocol established in Rule R311-205.
(x) "Injury or damages from a release" means, for the purposes of Subsection 19-6-409(2)(e), any petroleum contamination that has migrated from the release onto or under a third party's property at concentrations exceeding Initial Screening Levels specified in Subsection R311-211-6(1).
(y) "In use" means that an operational, inactive or abandoned UST contains a regulated substance, sludge, dissolved fractions, or vapor which may pose a threat to the safety of human health or the environment, as determined by the director.
(z) "Lapse" in reference to the certificate of compliance and coverage under the Environmental Assurance Program, means to terminate automatically.
(aa) "Native soil" means any soil that is not backfill material, is naturally occurring, and is most representative of the localized subsurface lithology and geology.
(bb) "No Further Action determination" means that the director has evaluated information provided by responsible parties or others about the site and determined that any detectable petroleum contamination from a particular release does not present a
threat to public health or the environment based upon Board established criteria in Title R311. If future evidence indicates contamination from that release may cause a threat, further corrective action may be required.
(cc) "Occurrence" in reference to Section R311-208-4 means a separate petroleum fuel delivery to a single tank.
(dd) "Owners and operators" means either an owner or operator, or both owner and operator.
(ee) "Over-excavation" means any soil removed in an effort to investigate or remediate in addition to the minimum amount required to remove the UST or take environmental media samples during UST closure activities as outlined in Section R311-205-2.
(ff) "Permanently closed" means UST that are removed from service following guidelines in 40 CFR Part 280 Subpart G adopted by Rule R311-202.
(gg) "Petroleum storage tank" means a storage tank that contains petroleum as defined by Subsection 19-6-402(21).
(hh) "Petroleum storage tank fee" means the fee which capitalizes the Petroleum Storage Tank Trust Fund as established in Section 19-6-409.
(ii) "Petroleum Storage Tank Trust Fund" means the Fund created by Section 19-6-409.
(jj) "Potable drinking water well" means any hole (dug, driven, drilled, or bored) that extends into the earth until it meets groundwater which supplies water for a non-community public water system, or otherwise supplies water for household use (consisting of drinking, bathing, and cooking, or other similar uses). Such well may provide water to entities such as a single-family residence, group of residences, businesses, schools, parks, campgrounds, and other permanent or seasonal communities.
(kk) "Public water system" means a system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. It includes any collection, treatment, storage, and distribution facilities under control of the operator of the system and used primarily in connection with the system; and, any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system.
(ll) "Registration fee" means UST registration fee.
(mm) "Related parties" for the purposes of Section R311-207-4, means organizations or persons related to the consultant by any of the following: marriage; blood; one or more partners in common with the consultant; one or more directors or officers in common with the consultant; more than 10% common ownership direct or indirect with the consultant.
(nn) "Secondary containment", for the purposes of Section R311-203-6, means a release prevention and detection system for a tank or piping that has an inner and outer barrier with an interstitial space between them for monitoring. The monitoring of the interstitial space must meet the requirements of 40 CFR 280.43(g).
(oo) "Site assessment" or "site check" is an evaluation of the level of contamination at a site which contains or has contained an UST.
(pp) "Site assessment report" is a summary of relevant information describing the surface and subsurface conditions at a facility following any abatement, investigation or assessment, monitoring, remediation or corrective action activities as outlined in Rule R311-202, incorporating 40 CFR 280 Subparts E and F.
(qq) "Site investigation" is work performed by the owner or operator, or their designee, when gathering information for reports required for Utah UST rules.
(rr) "Site plat" for the purpose of notification or reporting, refers to a drawing to scale of USTs in reference to the facility. The scale should be dimensioned appropriately. Drawing size shall be limited to 8-1/2" x 11" if possible, but must in no case be larger than 11" x 17". The site plat should include the following: property boundaries; streets and orientation; buildings or adjacent structures surrounding the facility; present or former USTs; extent of any excavations; location and volume of any stockpiled soil; locations, depths, and analytical results of all environmental media samples collected; locations and total depths of borings or permanent wells, or other measurement or data points; type of ground-cover; utility conduits; local land use; surface water drainage; and other relevant features.
(ss) "Site under control" means that the site of a release has been actively addressed by the owner or operator who has taken the following measures:
(i) fire and explosion hazards have been abated;
(ii) free flow of the product out of the tank has been stopped.
(iii) free product is being removed from the soil, groundwater or surface water according to a work plan or corrective action plan approved by the director, except as allowed by Subsections 19-6-420(3)(b) and 19-6-420(6);
(iv) alternative water supplies have been provided to affected parties whose original water supply has been contaminated by the release; and
(v) a soil or groundwater management plan or both have been submitted for approval by the director.
(tt) "Soil sample" is a sample collected following the protocol established in Rule R311-205.
(uu) "Surface water sample" is a sample of water, other than a groundwater sample, collected according to protocol established in Rule R311-205.
(vv) "Tank" is a stationary device designed to contain an accumulation of regulated substances and constructed of non-earthen materials, such as concrete, steel, or plastic, that provide structural support.
(ww) "Third-party Class B operator" is any individual who is not the facility owner or operator, or an employee of the owner or operator and who, by contract, provides the services outlined in R311-201-12(7).
(xx) "Under-dispenser containment", for the purposes of Section R311-203-6, means containment underneath a dispenser that will prevent leaks from the dispenser or transitional components that connect the piping to the dispenser (check valves, shear valves, unburied risers or flex connectors, or other components that are beneath the dispenser) from reaching soil or groundwater.
(yy) "UST registration fee" means the fee assessed by Section 19-6-408 on tanks located in Utah.
(zz) "UST inspection" is the inspection required by state and federal underground storage tank rules and regulations during the installation, testing, repairing, operation or maintenance, and removal of regulated underground storage tank.
(aaa) "UST inspector" is an individual who performs underground storage tank inspections for compliance with state and federal rules and regulations as authorized in Subsection 19-6-404(2)(c).
(bbb) "UST installation" means the installation of an underground storage tank, including construction, placing into operation, building or assembling an underground storage tank in the field. It includes any operation that is critical to the integrity of the system and to the protection of the environment, which includes:
(i) pre-installation tank testing, tank site preparation including anchoring, tank placement, and backfilling;
(ii) vent and product piping assembly;
(iii) cathodic protection installation, service, and repair;
(iv) internal lining;
(v) secondary containment construction; and
(vi) UST repair and service.
(ccc) "UST installation permit fee" means the fee established by Subsection 19-6-411(2)(a)(ii).
(ddd) "UST installer" means an individual who engages in underground storage tank installation.
(eee) "UST removal" means the removal or permanent closure of an underground storage tank by taking out of service all or part of an underground storage tank system.
(fff) "UST remover" means an individual who engages in underground storage tank removal.
(ggg) "UST tester" means an individual who engages in underground storage tank testing.
(hhh)(i) "UST testing" means:
(A) a testing method which can detect leaks in an underground storage tank system;
(B) testing for compliance with corrosion protection requirements;
(C) testing or inspection for proper operation of overfill prevention devices and electronic or mechanical leak detection components; or
(D) any testing requirements for exempt USTs or aboveground storage tanks that voluntarily participate in the Environmental Assurance Program.
(ii) testing methods must meet applicable performance standards:
(A) 40 CFR 280.40(a)(4), 280.43(c), and 280.44(b) for tank and product piping tightness testing;
(B) 40 CFR 280.35(a)(1)(ii) for testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping;
(C) 40 CFR 280.31(b) for cathodic protection testing;
(D) 40 CFR 280.35(a)(2) for overfill device inspection;
(E) 40 CFR 280.40(a)(3) for testing of mechanical and electronic release detection components; and
(F) interstitial testing for tank and piping secondary containment.
KEY: petroleum, underground storage tanks
Date of Last Change: September 13, 2021
Notice of Continuation: March 27, 2017
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-403