DERR-2024-005359

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-116-24
March 26, 2024

Leighanne Camp
Fast Stop Stores
P.O. Box 150545
Ogden, Utah 84415

Re: Underground Storage Tanks One-Time Drop
Fast Stop 1123, located at 880 West 3300 South, Salt Lake City, Utah
Facility Identification No. 4001368
Dear Ms. Camp:

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), allow 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 Berry Petroleum for the period of
April 2, 2024 through April 8, 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 Underground Storage Tanks.
2. A completed Application for Certificate of Compliance.
3. Payment of all UST Fees and, if applicable Petroleum Storage Tank Fund Fees.
Facility ID# 4001368
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 UST(s).

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 Kim Viehweg, the DERR project manager, at
[phone].

Sincerely,

Brent H. Everett, Director
Division of Environmental Response and Remediation

BHE/KV/ss

Enclosure: Certificate of Compliance Packet

cc: Ron Lund, Environmental Health Director, Salt Lake County Health Department
t:

"1
~

J

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 Petroleum Storage Tank Owner/operator:

The Utah Underground Storage Tank (UST) Act requires that owners and operators of regulated petroleum
storage tanks (PSTs) qualify their tanks for and receive a Certificate of Compliance, and keep the PSTs in
substantial compliance with all PST rules and regulations. It is a violation of the UST Act to operate PSTs
without a Certificate of Compliance. New PSTs 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 PST 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 PSTs. To
receive a Certificate of Compliance, you must do the following:

1. Register the PSTs with the DERR using the form EPA Notification for Underground Storage Tanks
or Utah Notification for Aboveground Storage Tanks. The PST owner and certified installer must
sign the form to certify a proper installation. New PSTs 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 PST. 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 Environmental Assurance Program (EAP) 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 PSTs.
4. Conduct tank and line tightness tests and line leak detector functionality tests for all PSTs. 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 PST 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. For USTs, 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 PST 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 PSTs. The Utah Underground Storage Tank Act (Utah Code Ann. 19-6-401 et seq.)
requires that a Certificate of Compliance be issued for new PSTs before they are put into use. If you have
any questions, please contact the PST Release Prevention and Compliance Section at [phone].

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
Obtaining a Certificate of Compliance

WHAT IS REQUIRED?

The Utah Underground Storage Tank (UST) Act requires that
owners and operators of regulated petroleum PSTs obtain a
Certificate of Compliance, and keep the PSTs in substantial
compliance with all PST rules and regulations. It is a violation
of the UST Act to operate these PSTs without a certificate.
New PSTs must have a certificate before being put into
operation. A fine of $500 may be assessed to the PST
owner and the fuel distributor for each delivery to an PST
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 PSTs using the Notification for
Underground Storage Tanks EPA Form 7530-1 (Rev. 6-
2015) or Utah Notification for Aboveground Storage Tanks.
The PST owner and the certified installer must sign the form
to certify a proper installation.
2. Pay the Registration Fee of $110 per tank for PSTs
participating in the Environmental Assurance Program (EAP),
or $220 per tank for PSTs using another allowable financial
responsibility mechanism.
3. Submit a completed Application for Certificate of
Compliance and declare whether you will participate in the
EAP or demonstrate financial responsibility for your PSTs by
another allowable mechanism. You must meet all
requirements for coverage under your chosen mechanism
before you operate the PSTs.
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 EAP, 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. For USTs, 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 PST
rules.
If you choose to participate in the Environmental Assurance
Program (EAP) you must:
• Check the box on the Application for Certificate of
Compliance to indicate EAP 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 non-regulated petroleum tanks.
• Pay the PST Fund fee. Pay $150 per tank for PSTs
installed at new facilities, or for a new PST installed at an
existing facility that does not replace a previously-existing
PST. If a new PST is a replacement for a previously-
existing PST, the current year PST Fund fee paid for the
original PST is applied to the new PST.

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 PST Release
Prevention and Compliance Section at [phone]. Forms
and additional information can be found on the internet at:
https://deq.utah.gov/environmental-response-and-
remediation/forms-ust-lust.

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 11/22
WHO THROUGHPUT
OF FACILITY
PER
OCCURRENCE
COVERAGE
REQUIRED
AGGREGATE
COVERAGE
REQUIRED
PETROLEUM
MARKETER
ANY
THROUGHPUT
$1,000,000
PETROLEUM
NON-
MARKETER
10,000 GALLONS
$1,000,000 IF
YOU OWN 100
OR FEWER
TANKS
$500,000
OR LESS
MONTHLY OR
PETROLEUM
NON-
MARKETER
MORE THAN $2,000,000 IF
$1,000,000
10,000
GALLONS
MONTHLY
YOU OWN
MORE THAN
100 TANKS
Demonstrating Financial Responsibility

WHAT IS FINANCIAL RESPONSIBILITY?

State PST and Federal underground storage tank (UST)
regulations require that owners and operators of regulated
petroleum PSTs demonstrate financial responsibility to show
they can pay the costs of cleanups and third-party claims for
leaks from PSTs.

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:

• 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.
• PST 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 PSTs in Utah may
show financial responsibility by participating in the Utah
Environmental Assurance Program (EAP) or by using one of
the other mechanisms allowed by the State PST and 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 EAP, you must meet all
requirements for the mechanism before you receive a
certificate.

Petroleum Storage Tank 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.

PST owner/operators who participate in the EAP 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 EAP, the State PST
and Federal UST regulations allow several options for
demonstrating financial responsibility. Each one is described
in detail in 40 CFR 280, subpart H. The state PST 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. PST 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 EAP, you will be required
to perform a tank and line tightness test and may be
required to conduct a site check (including soil and/or
groundwater samples) before the tanks can participate in
the EAP, as specified in the Utah UST Act, Section 19-6-
428.
• If you choose to participate in the EAP, other tanks located
at the same facility, including unregulated PSTs, may be
required to participate.

If you have questions, contact the DERR PST Release
Prevention and Compliance Section at [phone]. Forms
and additional information are available at
https://deq.utah.gov/environmental-response-and-
remediation/forms-ust-lust.
Demonstrate FR 11/22

PST Owner Information
Facility ID#
PST Facility Information
Owner Name: Facility Name:
Address: Address:
City: State: Zip: City: State: UT Zip:
Contact: Phone: Contact: Phone:

DESCRIPTION OF PETROLEUM STORAGE TANKS
Tank #
UST or AST
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 PST REGULATIONS
All Petroleum Storage Tanks (PSTs) at this facility have been registered.
Registration fees and Petroleum Storage Tank Fund Fees have been paid.

Are your PSTs currently in compliance with all Federal, State, and Local PST regulations, including applicable Fire Code?
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)

* Non-regulated PSTs at the facility may be required to participate in the Environmental Assurance Program.

I choose another Financial Responsibility mechanism for the PSTs 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.

CofCapp 1022
Utah Petroleum Storage Tank Program
Application for Certificate of Compliance
I choose to participate in the Environmental Assurance Program (PST Fund) *.
• Indicate the financial responsibility mechanism to be used for cleanup costs not covered by the Fund.
• Indicate the number of non-regulated petroleum storage tanks at the facility.

Owner/operator Signature Date Signed

□ □
□ □
□ □
□
□
□
I
I
I I I
I
Utah Petroleum Storage Tank 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 1022