DERR-2024-009181

UTAH TANK NEWS
WINTER 2008

Published by the
Utah Department of
Environmental Quality

Division of Environmental
Response and
Remediation

Underground Storage
Tank Branch

Rick Sprott
Executive Director

Brad T Johnson
Division Director

Dale Marx
Branch Manager

DeAnn Rasmussen
Gary Harris
Editors

INSIDE:
No Tags .............. Page 1

PSTF Audit ........ Page 2

Groundwater
Protection ........ Page 3

Certification
Corner ................ Page 4

NO TAGS … NO PRODUCT by Sean Warner

1
Tank tags attached to the fill pipe are an inspectable item. The new Energy Act of
2005, requires the Division of Environmental Response and Remediation (DERR) to
have a mechanism to prohibit deliveries to underground storage tank systems that do
not have a Certificate of Compliance.

Delivery Prohibition (defined by the Energy Act) is prohibiting the delivery,
deposit, or acceptance of product to an underground storage tank that has been
determined to be ineligible by the DERR for such delivery, deposit, or acceptance.

• NO TAG, NO PRODUCT – bottom line: if there is not a current tag on the
tank’s fill pipe, it should not receive product.

• Owner/operators should remove all old tags then attach the 2008 tag to the
fill pipe.

• The DERR will send out a Delivery Prohibition list to all distributors. This
list consists of all facilities/tanks that are out of compliance and should not
receive product.

• Owners/operators will be assessed a fee for replacement tags.

Who is Responsible For Complying With Delivery Prohibition Requirements?

Underground storage tank owner/operators and product deliverers are
responsible for not delivering, depositing, or accepting product to an underground
storage tank identified by the DERR as ineligible to receive product.

For questions
concerning
Delivery
Prohibition,
please contact a
member of the
UST staff at
[phone].

2
Performance Audit of the PST Trust Fund by Dale Marx
A Performance Audit of the Petroleum Storage Tank Trust Fund was conducted by the Office of the
Legislative Auditor General during the spring of 2007. The report was made public in July 2007.
The Petroleum Storage Tank Trust Fund (PST Fund or fund) was created by
the Utah Legislature in 1989 for the mitigation of underground fuel storage
tank releases. As set forth in Utah Code 19-6-409, the fund provides coverage
to underground fuel storage tank owners and operators (such as gas stations)
for the cleanup costs associated with a leaking tank and any third-party liability
costs. The Federal Environmental Protection Agency (EPA) requires all
underground petroleum tank owner/operators to have financial assurance in
place to cover costs in the event of a leak. Utah's fund program provides such a
mechanism for tank owner/operators.
Although tank owner/operators are required by the EPA to have some form of financial assurance in place,
using Utah's fund as that mechanism is voluntary. Currently, about 3,170 (or 81 percent) of the certified
underground fuel storage tanks in Utah have the PST Fund as their federally required financial assurance
mechanism.

When the Legislative Auditor General’s Office was asked to audit the operations of the Petroleum Storage
Tank Trust Fund, they were told the scope of the audit was to review the following areas:

• Whether the Division should both administer the fund and regulate the industry;
• Whether the fund should be privatized;
• Whether alternative tank cleanup corrective action methods can be used to meet a tank
owner/operator's financial assurance requirements; and
• Whether the Division is acting in an effective, efficient, and timely manner in auditing corrective
actions and regulating the industry generally.

In general, the Legislative Auditor General’s Office found that answers to the
audit questions cause no significant concerns. Specifically, they concluded:

• There is no compelling need to privatize the PST Fund. Utah's PST
Fund does not differ from most other states' programs;
• Utah follows existing federal law with regards to whether alternative
tank cleanup corrective action methods can be used to meet a tank
owner/operator's financial assurance requirements. Alternative tank
cleanup corrective action methods cannot be used to meet a tank
owner/operator's financial assurance requirements;
• Despite inherent risks, the Division minimizes risks associated with
project managers both administering the fund and regulating the
cleanup of PST release sites; and
• The Division has rectified one outstanding issue regarding when
project managers are allowed to write work plans for leaking PST
Fund covered tanks.
3
UST Program Changes for Groundwater Protection

Definition of Secondary Containment – A release prevention and
release detection system for an underground tank and/or piping. The
release prevention part of secondary containment is an underground
tank and/or piping having an inner and outer barrier. Between these
two barriers is a space for monitoring. The release detection part of
secondary containment is a method of monitoring the space between the
inner and outer barriers for a leak or release of regulated substances
from the underground tank and/or piping (called interstitial monitoring).
Interstitial monitoring must meet the release detection requirements in
40 CFR 280.43(g).
The federal Energy Policy Act of 2005 (Act) contains provisions that affect the Underground Storage Tank
(UST) regulations in significant ways. One of the provisions requires that each state UST program implement
additional measures to protect groundwater. These changes will affect facilities that are within 1,000 feet of
any existing community water system or any existing potable drinking water well or public water system.

The federal Environmental Protection Agency (EPA) has issued guidelines for implementation of the UST
provisions of the Energy Act. The Division of Environmental Response and Remediation (DERR) is in the
process of writing rules regarding secondary containment as a measure for the groundwater protection
requirements. These rules will address the process of how secondary containment will be implemented within
the Utah UST program.

In order to meet these requirements, secondary containment and interstitial monitoring will be required on
new installations and upgrades of USTs and piping, and under-dispenser containment is required for all new
motor fuel dispenser systems.

Further information and copies of the Act and the EPA guidelines can be viewed at EPA and DERR websites.
Additional information can be found in the links to Utah and EPA web sites below. The DERR requests your
comments and feedback. Comments and questions can be directed by email to Bill Moore at
[e-mail] or by mail to State of Utah DEQ, P.O. Box 144840, Salt Lake City, Utah 84114-
4840. Updates will be made available throughout the development of these regulations.
EPA guidelines for secondary containment
http://www.epa.gov/swerust1/fedlaws/final_sc.htm

State of Utah DEQ DERR UST program
http://www.undergroundtanks.utah.gov/

EPA OUST program
http://www.epa.gov/OUST/index.htm

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENVIRONMENTAL RESPONSE AND REMEDIATION
P.O. BOX 144840
SALT LAKE CITY, UTAH 84114-4840
PRSRT STD
US POSTAGE
PAID
SALT LAKE CITY, UT
PERMIT #4621

^ C E R T I F I C A T I O N C O R N E R ^
http://www.undergroundtanks.utah.gov/cert_program.htm
UST Consultant Certification Program

A Certified UST Consultant must perform any UST release
management, abatement, investigation, or corrective action.
Consultants must renew their certification every 2 years. The
renewal courses begin promptly at 9:00 a.m. and finish at 1:00
p.m. The comprehensive exams begin at 2:00 p.m. For more
information contact Michelle Horning at [phone] or at
[e-mail].

Initial Exam & Renewal Course Schedule
Friday, March 6, 2008
Friday, June 5, 2008
Friday, September 4, 2008
Friday, December 4, 2008
Groundwater and Soil Sampler
Certification Courses

Utah Valley State College (UVSC)
[phone] or [phone]
Scheduled courses
Eddy Cadet
[phone]
Appointment Only
Environmental Contractors Inc. (ECI)
[phone]
Appointment Only
Renewal tests are the 1st Tuesday of each month
at 9:00 a.m. Contact Michelle Horning at (801)
536-4128 or at [e-mail].
4

Exams and courses take place at the DERR office located at
168 North 1950 West, Salt Lake City, Utah 84116.