DERR-2024-011189

NATIONAL SECURITY AGENCY
CENTRAL SECURITY SERVICE
FORT GEORGE G. MEADE, MARYLAND 20755-6218

September 27, 2024

Mr. David Wilson
Release Prevention and Compliance Section
Utah Department of Environmental Quality
195 North 1950 West, First Floor
Salt Lake City, UT 84116

Dear Mr. Wilson,

Per your guidance, the National Security Agency, Utah Data Center, is respectfully requesting
the termination of the following applications: (a) the Notification for Aboveground Petroleum
Storage Tanks (submitted on 11/07/2022) and (b) the Certificate of Compliance (submitted on
06/31/2023).

On July 9, 2024, NSA personnel received an email from Morgan Atkinson, Petroleum Storage
Tank Branch Manager, stating, “Federal facilities are precluded from complying with the State
of Utah Aboveground Petroleum Storage Tank regulations (i.e. notification, fees, and financial
responsibility requirements) found in the Utah Administrative Code R311.”

The email continued to state “Federal law preempts local permit requirements and fee
assessments by virtue of the Supremacy Clause of the U.S. Constitution. U.S. Const. art. VI,
cl. 2. A fundamental constitutional precept is that the United States, as an independent
sovereign, enjoys immunity from taxation (including fees) by any of the states without the
consent of Congress.

Congress has not delegated authority to the State of Utah for the regulation of aboveground
storage tanks (40 CFR Part 112). The State of Utah’s Aboveground Petroleum Storage Tank
Regulations implemented on July 1, 2021 is a state-implemented regulation. Without a clear
and unambiguous waiver of sovereign immunity, expending funds to comply with local
requirements would be a violation of the Anti-Deficiency Act, 31 U.S.C. § 1341, which prohibits
the use of any appropriated funds for a purpose not authorized by Congress.”

Furthermore, the National Security Agency, Utah Data Center is a Federal government owned
and operated facility who accepts its own financial liabilities and does not need to fall into the
state’s Environmental Assurance Program.

If you have any questions or concerns, please contact me at [phone] or
[e-mail]. Thank you for your time and assistance in this matter.

Sincerely,

Samantha Schutt
Environmental Engineer