DERR-2024-003132 - 0901a068812e7963

195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah

SPENCER J. COX
Governor

DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality

Kimberly D. Shelley
Executive Director

DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION

Brent H. Everett
Director
ERRP-029-24

January 22, 2024

Sara Gallien
Walmart, Inc.
2101 Southeast Simple Savings Drive
Bentonville, Arkansas 72716

Re: Underground Storage Tanks One-Time Drop
Walmart Supercenter Fueling Station #4696
Located at 1274 South U.S. Highway 189, Heber, Utah
Facility Identification No. 1100388

Dear Ms. Gallien:

According to the provisions of the Utah Underground Storage Tank Act (Act), Utah Code
Annotated (UCA), Section 19-6-412, all owners and operators of petroleum underground storage
tanks (USTs) must have a certificate of compliance. Any person who delivers or accepts delivery
of petroleum to a tank that does not have a certificate of compliance will be subject to a civil penalty
of up to $500.00 per occurrence (19-6-416, UCA). The Utah UST rules, Utah Admin. Code (UAC)
R311-206-8(e), allows the Division Director to authorize a delivery of petroleum for ballasting
tanks at installation or testing tanks prior to issuing a certificate of compliance.

The Division of Environmental Response and Remediation (DERR) has received your
request to receive a delivery of fuel to fill your tanks in order to test (or set) them. This letter
satisfies the requirement for written authorization for a delivery in accordance with UAC R311-
206-8(e). The authorization applies to fuel being delivered by Wasatch Tank Lines for the period of
January 25, 2024 through January 31, 2024 and is NOT a certificate of compliance. In order to
obtain a certificate of compliance you must still provide:

1. A properly completed EPA Notification for USTs.

2. A completed Application for Certificate of Compliance.

3. Payment of all UST Fees and, if applicable Petroleum Storage Tank Fund Fees.

Facility ID# 1100388
Page 2
4. Passing results for the following:
a.Tank tightness test(s),
b.Line tightness test(s),
c.Line leak detector test(s),
d.Spill bucket tightness test(s),
e. Secondary containment tightness test(s),
f.Overfill prevention device inspection/test(s),
g.Automatic tank gauge test(s).
5. A completed Previous Pollution Incident Form.
6.A completed as-built drawing, including placement of USTs.
7. A completed Manufacturer’s tank installation checklist.
The enclosed packet provides additional information and forms to assist you in providing
the required documents.
If after the DERR review, the Division Director determines your tanks are in substantial
compliance with Federal and State rules and regulations, a certificate of compliance may be issued.
If you have any questions, please contact Phillip Lundell, the DERR project manager, at
[phone].
Sincerely,
Brent H. Everett, Director
Division of Environmental Response and Remediation
BHE/PL/ta
Enclosure: Certificate of Compliance Packet
cc: Jonelle Fitzgerald, Director, Wasatch County Health Department
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195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144840 • Salt Lake City, UT 84114-4840
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
State of Utah
SPENCER J. COX
Governor
DEIDRE HENDERSON
Lieutenant Governor
Department of
Environmental Quality
Kimberly D. Shelley
Executive Director
DIVISION OF ENVIRONMENTAL
RESPONSE AND REMEDIATION
Brent H. Everett
Director
Dear Underground Storage Tank Owner/operator:
The Utah Underground Storage Tank (UST) Act requires that owners and operators of regulated petroleum
USTs qualify their tanks for and receive a Certificate of Compliance, and keep the USTs in substantial
compliance with all UST rules and regulations. It is a violation of the UST Act to operate USTs without a
Certificate of Compliance. New USTs must have a certificate before being put into operation. A fine of
$500 per delivery may be assessed if petroleum or another regulated substance is delivered to or
placed into an UST that does not have a Certificate of Compliance.
The enclosed packet explains what you need to do to obtain a Certificate of Compliance. Please read it
carefully and submit the requested information to the Division of Environmental Response and
Remediation (DERR) in a timely fashion so the certificate can be issued before you use your USTs.To
receive a Certificate of Compliance, you must do the following:
1. Register the USTs with the DERR using the form Notification for Underground Storage Tanks. The
UST owner and certified installer must sign the form to certify a proper installation. New USTs must
have secondary containment on the tanks and piping, and under-dispenser containment. Interstitial
Monitoring must be performed for leak detection on the tanks and piping.
2. Pay the Registration Fee for each UST. A fee invoice is sent when the one-time delivery authorization
letter (item #4 below) is issued.
3. Submit a completed Application for Certificate of Compliance form and meet the requirements for
coverage under the Petroleum Storage Tank Trust Fund or another allowable Financial Responsibility
mechanism. You must meet all requirements for coverage under your chosen mechanism, including
payment of all related fees, before you operate the USTs.
4. Conduct tank and line tightness tests and line leak detector functionality tests for all USTs.To receive
fuel for the tests, you must contact the DERR office at [phone] for written authorization
of a one-time delivery.
5. Submit a completed Previous Pollution Incidents form to indicate whether you have had any petroleum
releases at the facility.
6. Submit a facility site plat or as-built drawing for the UST system.
7. Submit results of spill bucket and containment sump integrity tests. These tests must be conducted
according to the equipment manufacturer's requirements or a nationally-recognized code of practice.
8. Submit a completed tank manufacturer's tank installation checklist.
9. Designate Class A and Class B operators for the facility. The operators must be properly trained and
registered in accordance with Section R311-201-12 of the Utah UST rules.
Send the forms, test results, and fee payments to the DERR at the address indicated below. When the
necessary information is received and is in order, the DERR will issue a Certificate of Compliance. Timely
completion of the needed forms and other requirements will facilitate the process and help you avoid loss
of the use of your USTs. The Utah Underground Storage Tank Act (Utah Code Ann. 19-6-401 et seq.)
requires that a Certificate of Compliance be issued for new USTs before they are put into use. If you have
any questions, please contact the UST Section at [phone].
Obtaining a Certificate of Compliance
WHAT IS REQUIRED?
The Utah Underground Storage Tank (UST) Act requires that
owners and operators of regulated petroleum USTs obtain a
Certificate of Compliance, and keep the USTs in substantial
compliance with all UST rules and regulations. It is a violation
of the UST Act to operate these USTs without a certificate.
New USTs must have a certificate before being put into
operation. A fine of $500 may be assessed to the UST
owner and the fuel distributor for each delivery to an UST
that does not have a Certificate of Compliance.
HOW DO I GET A CERTIFICATE?
To qualify for a Certificate of Compliance, complete the
following steps:
1. Register the USTs using Notification for Underground
Storage Tanks,EPA Form 7530-1 (Rev. 6-2015). The UST
owner and the certified installer must sign the form to certify a
proper installation.
2. Pay the Registration Fee of $110 per tank for USTs
participating in the PST Fund, or $220 per tank for USTs
using another allowable financial responsibility mechanism.
3. Submit a completed Application for Certificate of
Compliance and declare whether you will participate in the
Utah Petroleum Storage Tank Trust Fund (PST Fund) or
demonstrate financial responsibility for your USTs by another
allowable mechanism. You must meet all requirements for
coverage under your chosen mechanism before you operate
the USTs.
4. Conduct tank and line tightness tests and line leak
detector functionality tests and submit a copy of the results.
The tests must be performed by a Utah certified UST Tester.
To receive fuel for the test, you must contact the Division of
Environmental Response and Remediation (DERR) at (801)
536-4100 for written authorization of a one-time delivery.
The DERR will need to know the date of delivery and the
name of the company that will deliver the fuel.
5. Submit a completed Previous Pollution Incidents form to
indicate whether you have had any petroleum releases at the
facility. If you participate in the PST Fund, failure to report
previous releases could void your coverage. Payment of
clean-up costs for previous releases is your responsibility.
6. Submit a facility site plat or as-built drawing that shows
the tank excavation, buildings, tanks, product lines, vent lines,
cathodic protection systems, tank leak detection systems and
product line leak detection systems.
7. Submit copies of integrity tests of all spill buckets and
containment sumps. These tests must by conducted according
to the equipment manufacturer's requirements or a nationally-
recognized code of practice.
8. Submit a completed copy of the tank manufacturer's tank
installation checklist.
9.Designate Class A and B operators for the facility. The
operators must be properly trained and registered in
accordance with the Section R311-201-12 of the Utah UST
rules.
If you choose to participate in the PST Fund you must:
Check the box on the Application for Certificate of
Compliance to indicate PST Fund participation, and
indicate the financial responsibility mechanism you will
use to pay cleanup costs not covered by the Fund. Also
indicate if the facility has any above-ground or non-
regulated underground tanks.
Pay the PST Fund fee. Pay $150 per tank for USTs
installed at new facilities, or for a new UST installed at an
existing facility that does not replace a previously-existing
UST. If a new UST is a replacement for a previously-
existing UST, the current year PST Fund fee paid for the
original UST is applied to the new UST.
If you choose to demonstrate financial responsibility by
another mechanism you must:
Check the box on the Application for Certificate of
Compliance to indicate use of an alternate financial
responsibility mechanism, and indicate what mechanism
you will use. Depending on the method used, indicate
your fiscal year end date or the yearly insurance policy
renewal date.
Submit documentation for your chosen mechanism. The
documents must conform to the format and wording
specified in 40 CFR 280 subpart H. The state UST rules
(R311-206-5) have additional requirements. The
mechanism must be approved by the DERR before the
Certificate of Compliance can be issued. The
documentation should be submitted several weeks in
advance of the time the tanks will go into service to allow
for the approval process. If the mechanism has already
been approved for other tanks, submit documentation to
show coverage of the new tanks under the chosen
mechanism.
Pay the process fee of $420 for the mechanism to be used.
If the mechanism has already been approved for other
tanks, no process fee is due if the fee for the current year
has already been paid.
For additional information on financial responsibility, refer to
Demonstrating Financial Responsibility on the next page.
If you have questions, please contact the DERR UST Section
at [phone]. Forms and additional information can be
found on the internet at:
https://deq.utah.gov/ProgramsServices/programs/tanks/ust/ceti
fication/newcertinst.htm.
Submit the forms and other required information to:
Division of Environmental Response and Remediation
PO Box 144840
Salt Lake City, Utah 84114-4840
DERR street address:
195 North 1950 West
Salt Lake City, Utah 84116 Obtain CofC 0717
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Demonstrating Financial Responsibility
WHAT IS FINANCIAL RESPONSIBILITY?
State and Federal underground storage tank (UST) regulations
require that owners and operators of regulated petroleum
USTs demonstrate financial responsibility to show they can
pay the costs of cleanups and third-party claims for leaks from
USTs.
The amount of financial responsibility you must have depends
on the type of business you operate, the yearly throughput of
each facility, and the number of tanks you own. The
following table shows the amounts required:
PER
WHO THROUGHPUT OCCURRENCE AGGREGATE
OF FACILITY COVERAGE
REQUIRED
COVERAGE
REQUIRED
PETROLEUM ANY $1,000,000 $1,000,000 IF
MARKETER THROUGHPUT YOU OWN 100
OR FEWER
PETROLEUM 10,000 GALLONS TANKS
NON-
MARKETER OR LESS
$500,000
MONTHLY OR
PETROLEUM MORE THAN $2,000,000 IF
NON-
MARKETER 10,000
$1,000,000
YOU OWN
GALLONS MORE THAN
MONTHLY 100 TANKS
Marketing facilities (service stations, truck stops, etc.)
must have $1 million of "per occurrence" coverage. This is
the amount that must be available to pay the costs of one
petroleum release. Non-marketing facilities must have the
same amount of per occurrence coverage unless they have
a monthly throughput of 10,000 gallons or less. In this
case, the per occurrence coverage amount is $500,000.
UST owner/operators must also have coverage for an
annual aggregate amount. This is the amount that you
must have to cover all leaks that might occur in one year.
The amount of aggregate coverage depends on the number
of tanks you have: $1 million if you have 100 or fewer
tanks, $2 million if you have more than 100 tanks.
HOW TO SHOW FINANCIAL RESPONSIBILITY
Owner/operators of regulated petroleum USTs in Utah may
show financial responsibility by participating in the Utah
Petroleum Storage Tank Trust Fund (PST Fund) or by using
one of the other mechanisms allowed by the Federal UST
regulations (40 CFR 280, subpart H).
Demonstrating financial responsibility is one requirement for
receiving a Certificate of Compliance. If you use a
mechanism other than the PST Fund, you must meet all
requirements for the mechanism before you receive a
certificate.
Petroleum Storage Tank Trust Fund
The PST Fund pays for cleanup costs of covered releases. The
responsible party pays the first $10,000 of eligible cleanup
costs and the Fund pays the remaining eligible costs up to the
limits set by statute (Section 19-6-419 UCA). Any costs in
excess of these limits must be paid by the responsible party.
UST owner/operators who participate in the Fund pay an
annual Petroleum Storage Tank Fund fee based on the
throughput for each facility, and a per-gallon surcharge on
petroleum products sold in the state.
Other Financial Responsibility Mechanisms
For those who do not participate in the Fund, the Federal UST
regulations allow several options for demonstrating financial
responsibility. Each one is described in detail in 40 CFR 280,
subpart H. The state UST rules (R311-206-5) have additional
requirements. Some of the allowed mechanisms are:
Self-insurance.If your firm has a tangible net worth of at
least $10 million, you can show financial responsibility by
passing one of two financial tests.
Insurance.UST liability insurance may be available from a
private insurer or a risk retention group.
Guarantee. You may secure a guarantee for the coverage
amount from another firm with whom you have a substantial
business relationship. The provider of the guarantee must pass
a financial test.
Letter of credit. A letter of credit is a contract involving you,
an issuer (usually a bank), and a third party (such as the
implementing agency) that obligates the issuer to help you
demonstrate your financial responsibility.
Trust fund.You may set up a fully-funded trust fund
administered by a third party to show financial responsibility.
If you show financial responsibility by an allowable
alternative mechanism, you must pay a processing fee and
submit mechanism documentation, generally each year.
The mechanism you choose must cover costs of both
corrective action and third-party liability, and must provide
coverage up to the limits specified in 40 CFR 280.93.
Keep In Mind:
If you use another financial responsibility mechanism, then
later decide to participate in the PST Fund, you will be
required to perform a tank and line tightness test and a site
check (including soil and/or groundwater samples) before
the tanks can participate in the PST Fund, as specified in
the Utah UST Act, Section 19-6-428.
If you choose to participate in the PST Fund, other tanks
located at the same facility, including above-ground tanks
and unregulated USTs, may be required to participate.
If you have questions, contact the DERR UST Section at (801)
536-4100. Forms and additional information are available at
https://deq.utah.gov/ProgramsServices/programs/tanks/ust/ceti
fication/newcertinst.htm.
demonstrate fr 0717
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Utah UST Program
Application for Certificate of Compliance Facility ID#
UST Owner Information UST Facility Information
Owner Name:Facility Name:
Address:Address:
City:State: Zip:City:State: UT Zip:
Contact:Phone:Contact:Phone:
DESCRIPTION OF UNDERGROUND STORAGE TANKS
Tank #
Date Installed
Capacity
Substance Stored
TANK/LINE TIGHTNESS TEST Indicate Pass or Fail for each tank and product line tested. Include a copy of the test.
Tank #
Tank Test
Line Test
TYPE OF FACILITY
Marketing facility, or non-marketer with facility average monthly throughput greater than 10,000 gallons.
Non-marketer with facility average monthly throughput less than 10,000 gallons.
COMPLIANCE WITH UST REGULATIONS
All Underground Storage Tanks (USTs) at this facility have been registered.
All UST registration fees and Petroleum Storage Tank Fund Fees have been paid.
Are your USTs currently in compliance with all Federal, State, and Local UST regulations?
Yes No If "No" describe items of non-compliance:
PREVIOUS POLLUTION INCIDENTS
Complete the Previous Pollution Incidents form to indicate whether a pollution incident has occurred at the facility.
FINANCIAL RESPONSIBILITY MECHANISM DECLARATION (check one only)
I choose to participate in the Petroleum Storage Tank (PST) Trust Fund.
Indicate the financial responsibility mechanism to be used for cleanup costs not covered by the Fund.
Indicate the number of above-ground tanks and non-regulated underground tanks at the facility.
Above-ground tanks and non-regulated USTs at the facility may be required to participate in the Fund.
I choose another Financial Responsibility mechanism for the USTs at this facility.
Indicate the financial responsibility mechanism to be used:
(For self-insurance or guarantee) Indicate your company’s fiscal year end date:
(For Insurance) Indicate the date the policy is renewed each year:
The Certificate of Compliance cannot be issued until all documents have been submitted and the mechanism has been
approved. If the mechanism has already been approved, submit documentation of coverage for the new tanks.
I certify under penalty of law that the above representations made by me are true and correct.
Owner/operator Signature Date Signed
CofCapp 0717
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Utah UST Program
Previous Pollution Incidents Facility ID
This letter, or an equivalent, must be signed and submitted as a requirement for receiving a
Certificate of Compliance.
To: Mr. Brent H. Everett
Director
Division of Environmental Response and Remediation
Dear Mr. Everett:
As required by paragraph 19-6-413 of the Utah Underground Storage Tank Act, I have performed
a tank and line tightness test on each tank at my facility. Based on this test, there has not been a
release of petroleum. Additionally, based on "customary business inventory practices standards" I
am not aware of any release of petroleum from my tanks.
Signature of owner/operator
Or, if a release is known to have occurred at this facility:
I have had the following releases of petroleum (detailed below; also indicate the actions you have
taken to clean up the release):
Signature of owner/operator
Failure to report previous releases could invalidate your Certificate of Compliance.
ppiform 0717