DERR-2025-005839

R311. Environmental Quality, Environmental Response and Remediation.
R311-200. Petroleum 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) Aboveground petroleum storage tank" or "APST" means a storage tank that is, by volume, less than 10 % buried in
the ground, including the pipes connected to the storage tank and:
(i) has attached underground piping; or
(ii) rests directly on the ground;
(A) contains regulated substances;
(B) has the capacity to hold 501 gallons or more; and
(iii) is not:
(A) used in agricultural operations;
(B) used for heating oil for consumptive use on the premises where stored;
(C) related to a petroleum facility under SIC Code 2911 or 5171 of the 1987 Standard Industrial Classification Manual
of the federal Executive Office of the President, Office of Management and Budget;
(D) directly related to oil or gas production, gathering and transmission operations;
(E) used in the fueling of aircraft or ground service equipment at a commercial airport that serves passengers or cargo,
with commercial airport defined in Section 72-10-102;
(F) oil filled electrical equipment, including, but not limited to, transformers, circuit breakers, or capacitors;
(G) a stationary aboveground storage tank that is installed, rendered immobile, and intended for use on a property for
no more than 180 consecutive days;
(H) an used oil collection tank regulated under Section 19-6-710;
(I) an airport hydrant fuel distribution system at a military facility;
(J) any [AST]aboveground storage tank, last used prior to May 5, 2021 that contains a de minimis concentration of
regulated substances;
(K) an [AST]aboveground storage tank used to store liquefied petroleum gases that are not liquid at standard
temperature and pressure; or
(L) an aboveground hot-oil tank or container that is used to store petroleum products that will be manufactured into
asphalt paving material.
(b) "Actively participated" for 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.
(c) "Agricultural operation" means any operation on a tract of land devoted to the production of crops, animals, or
fowl; fruit or vegetable products; or the production of dairy, nuts, tobacco, nursery, or floral products.
(d) "As-built drawing" for notification means a drawing to scale of newly constructed PSTs. The PSTs 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".
(e) "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 PST system.
(f) "Certificate" means a document that evidences certification.
(g) "Certification" means approval by the director or the board to engage in the activity applied for by the individual.
(h) "Certified environmental laboratory" means a laboratory certified by the Utah Department of Health and Human
Services as outlined in Rule R444-14 to perform analyses according to the laboratory methods identified for PST sampling in
Subsection R311-205-2(5).
(i) "Certified sampler" is the person who performs environmental media sampling for compliance with Utah PST rules.
(j) "Change-in-service" means the continued use of a PST to store a non-regulated substance.
(k) "Claimant" means any person eligible to submit requests for reimbursement of costs against the Petroleum Storage
Tank Fund as determined by the director.
(l) "Community water system" means a public water system that serves at least 15 service connections used by year-
round residents or regularly serves at least 25 year-round residents.
(m) "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 to determine the extent and
degree of contamination.
(n) "Consultant" is a person who is a certified PST consultant according to Subsection 19-6-402(7) and Section R311-
201-2.
(o) "Cost Guidelines" refers to the Cost Guidelines for Utah [Underground]Petroleum 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 Petroleum Storage Tank Fund.
(p) "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.
(q) "Customary, reasonable, and legitimate work" means work for investigation, abatement, and corrective action that
shall 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 considering current or probable land use as determined by the director following the
criteria in Rule R311-211.
(r) "Department" means the Utah Department of Environmental Quality.
(s) "EAP" means the Environmental Assurance Program established in Section 19-6-410.5.
(t) "Eligible exempt [U]PST" for eligibility for the Petroleum Storage Tank Fund means a tank specified in Subsection
19-6-415[(1)].
(u) "Environmental media sample" is a groundwater, surface water, air, or soil sample collected, using appropriate
methods, for evaluating environmental contamination.
(v) "EPA" means the United States Environmental Protection Agency.
(w) "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.
(x) "Fiscal year" means a period beginning July 1 and ending June 30 of the following year.
(y) "Full installation" for the purposes of Subsection 19-6-411(2) means the installation of a PST.
(z) "Groundwater sample" is a sample of water from below the surface of the ground collected according to protocol
established in Rule R311-205.
(aa) "Historic contamination" as referenced in Subsections 19-6-428(2)(c) and 19-6-428(2)(d) is petroleum
contamination:
(i) reported after the start of continuous participation in the EAP that has no apparent cause or source and for which the
director reasonably determines to have occurred during a period of non-participation; or
(ii) a release which does not meet the definition of a new release.
(bb) "Injury or damage 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).
(cc) "In service" means an PST that is actively storing or dispensing regulated substances.
(dd) "In use" means that an operational, inactive, or abandoned PST 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.
(ee) "Lapse" in reference to the certificate of compliance and coverage under the EAP, means to terminate
automatically.
(ff) "Native soil" means any soil that is not backfill material, is naturally occurring, and is most representative of the
localized subsurface lithology and geology.
(gg) "New release" as referenced in Subsections 19-6-428([3]2)(c) and 19-6-428([3]2)(d) are releases that occur on or
after the start date for continuous participation in the EAP, which the director reasonably determines to have occurred due to an
unusual operating condition, an apparent PST system equipment failure, a failed PST test, an overfill, or a surface spill during the
time of program participation.
(hh) "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.
(ii) "Occurrence" in reference to Section R311-208-4 means a separate petroleum fuel delivery to a single tank.
(jj) "Owners and operators" means either an owner or operator, or both owner and operator.
(kk) "Over-excavation" means any soil removed in an effort to investigate or remediate in addition to the minimum
amount required to remove the PST or take environmental media samples during PST closure activities as outlined in Section
R311-205-2.
(ll) "Permanently closed" means PSTs that are removed from service following guidelines in 40 CFR Part 280 Subpart
G incorporated by Rule R311-202.
(mm) "Petroleum storage tank" means a tank that:
(i) is an underground storage tank;
(ii) is an aboveground petroleum storage tank; or
(iii) is a tank containing regulated substances that is voluntarily submitted for participation in the fund under Section
19-6-415.
([mm]nn) "Petroleum storage tank fee" means the fee which funds the Petroleum Storage Tank Fund as established in
Section 19-6-409.
([nn]oo) "Petroleum Storage Tank Fund" means the Fund created by Section 19-6-409.
([oo]pp) "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 a 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.
([pp]qq) "PST" means petroleum storage tank as defined in Subsection 19-6-402(21).
(rr) "PST inspector" is an individual who performs PST inspections for compliance with state and federal rules and
regulations as authorized in Subsection 19-6-404(2)(c).
([qq]ss) "PST inspection" is the inspection required by state and applicable federal underground storage tank rules and
regulations during the installation, testing, repairing, operation or maintenance, and removal of regulated PSTs.
([rr]tt) "PST installation" means the installation of a PST, including [any component that is critical to]construction,
placing into operation, building, or assembling a PST 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) [the integrity of the system]pre-installation tank testing, tank site preparation including anchoring, tank placement,
and backfilling;
(ii) [protection of the environment; and]vent and product piping assembly;
(iii) [qualifying for a certificate of compliance.]cathodic protection installation, service, and repair;
(iv) internal lining;
(v) secondary containment construction; and
(vi) PST repair and service.
(uu) "PST installation permit fee" means the fee established by Subsection 19-6-411(2)(a)(ii).
(vv) "PST installer" means an individual who engages in PST installation.
(ww) "PST removal" means the removal or permanent closure of a PST system by taking out of service all or part of a
PST system.
(xx) "PST remover" means an individual who engages in PST tank removal.
(yy) "PST tester" means an individual who engages in PST testing.
([ss]zz) "PST testing" means:
(i) a testing method which can detect leaks in a PST system;
(ii) testing for compliance with corrosion protection requirements;
(iii) testing or inspection for proper operation of overfill prevention devices and electronic or mechanical leak
detection components;
(iv) any testing requirements for exempt USTs or aboveground storage tanks that voluntarily participate in the EAP; or
(v) testing methods that 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.
([tt]aaa) "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 15 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.
([uu]bbb) "Registration fee" means PST registration fee.
([vv]ccc) "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.
([ww]ddd) "Reportable release" means a spill, overfill, leak, discharge, leachate, or disposal of a regulated substance
that results in a release to the environment.
([xx]eee) "Rests directly on the ground" means that at least some portion of a PST situated aboveground is in direct
contact with soil.
([yy]fff) "Secondary containment"
(i) for the purposes of Rule R311-202 and 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).
(ii) for [the purposes of Subsection R311-203-4(6)]APSTs, means a dike, vault, enclosure, berm, double-walled
system, or any other barrier that meets the secondary containment standards listed in the International Fire Code (IFC) 2306.5
and 5704.2.10.
([zz]ggg) "Site assessment" or "site check" is an evaluation of the level of contamination at a site which contains or has
contained a PST.
([aaa]hhh) "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.
([bbb]iii) "Site investigation" is work performed by the owner or operator, or their designee, when gathering
information for reports required for Utah PST rules.
([ccc]jjj) "Site plat" for notification or reporting, refers to a drawing to scale of PSTs 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 PSTs; 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.
([ddd]kkk) "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.
([eee]lll) "Soil" as referenced in Subsection 19-6-402([28]30) means natural earthen material under which there is no
secondary containment.
([fff]mmm) "Soil sample" is a sample collected following the protocol established in Rule R311-205.
([ggg]nnn) "Surface water sample" is a sample of water, other than a groundwater sample, collected according to
protocol established in Rule R311-205.
(iii) "Suspected release" means a release that may have occurred from a regulated PST system, for example:
petroleum contamination discovered at the PST site or in the surrounding area; unusual operating conditions of the PST system;
release detection methods indicating a release may have occurred;[ ] inventory control records indicating unexplained product
loss; or, a spill or overfill that occurs outside secondary containment and exceeds 25 gallons.
([hhh]ooo) "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.
([iii]ppp) "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 Subsection R311-201-12(7).
([jjj]qqq) "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.
[ (kkk) "UST inspector" is an individual who performs PST inspections for compliance with state and federal rules and
regulations as authorized in Subsection 19-6-404(2)(c).
(lll) "UST installation" means the installation of a PST, including construction, placing into operation, building, or
assembling a PST 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.
(mmm) "UST installation permit fee" means the fee established by Subsection 19-6-411(2)(a)(ii).
(nnn) "UST installer" means an individual who engages in PST installation.
(ooo) "UST removal" means the removal or permanent closure of a PST system by taking out of service all or part of a
PST system
(ppp) "UST remover" means an individual who engages in PST tank removal.
(qqq) "UST tester" means an individual who engages in PST testing.]

KEY: petroleum, underground storage tanks
Date of Last Change: [April 14, 2023]2025
Notice of Continuation: March 8, 2022
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-403

R311. Environmental Quality, Environmental Response and Remediation.
R311-201. Petroleum Storage Tanks: Certification Programs and UST Operator Training.
R311-201-1. Definitions.
Definitions are found in Rule R311-200.

R311-201-2. Requirement for Certification.
(1) a certified PST consultant is required as specified in Subsection 19-6-402(7)(a).
(a) no person shall provide or contract to provide the following services without having certification to conduct these
activities:
(i) provide information, opinions, or advice relating to PST release management;
(ii) abatement;
(iii) investigation;
(iv) corrective action; or
(v) evaluation for a fee, or in connection with the services for which a fee is charged.
(A) except as outlined in Subsection R311-204-5(2); and
(B) except for releases from a hazardous substance PST system, as defined in 40 CFR 280.10.
(b) a certified PST consultant must:
(i) make pertinent project management decisions;
(ii) ensure all aspects of work related to PSTs containing petroleum are performed in an appropriate manner; and
(iii) sign required documentation to be submitted to the director for work performed.
(c) any PST release abatement, investigation, or corrective action work performed by a person who is not certified or
who is not working under the direct supervision of a certified PST consultant, and is performed for compliance with Utah PST
rules, may be rejected by the director.
(2) [U]PST inspector. No person shall conduct a PST inspection as authorized in Subsection 19-6-404(2)(c) without
having certification to conduct such activities.
(a) the director may issue a limited certification restricting the type of PST inspections the applicant can perform.
(3) [U]PST tester. No owner or operator shall allow PST testing to be conducted on a PST under their ownership or
operation unless the person conducting the PST testing is certified according to Rule R311-201.
(a) except as outlined in Section R311-201-3, no person shall conduct PST testing without having certification to
conduct such activities.
(b) an individual certified under Rule R311-201 as a [U]PST installer may:
(i) perform a test of spill prevention equipment and containment sumps used for interstitial monitoring of piping, to
meet the requirements of 40 CFR 280.35(a)(1)(ii), if no equipment that requires training by the manufacturer is used;
(ii) perform an overfill device inspection to meet the requirements of 40 CFR 280.35(a)(2);
(iii) perform a test for proper operation of release detection components to meet the requirements of 40 CFR
280.40(a)(3)(i), 280.40(a)(3)(ii), 280.40(a)(3)(iv), and 280.40(a)(3)(v); and
(iv) perform a test of a piping containment sump or under-dispenser containment to meet the requirements of 40 CFR
280.35(a), if no equipment that requires training by the manufacturer is used.
(c) a PST owner or operator may:
(i) perform a hydrostatic test of spill prevention equipment and containment sumps used for interstitial monitoring of
piping, to meet the requirements of 40 CFR 280.35(a)(1)(ii), if no equipment that requires training by the manufacturer is used;
and
(ii) perform a test of a piping containment sump or under-dispenser containment to meet the requirements of 40 CFR
280.35(a), if no equipment that requires training by the manufacturer is used.
(d) certification by the director under this rule applies only to the specific PST testing equipment and procedures for
which the [U]PST tester has been successfully trained by the manufacturer of the equipment, or by equivalent training as
determined by the director, for the following types of testing:
(i) tank, line, and leak detector testing;
(ii) interstitial tests of tanks and piping; and
(iii) spill prevention device and containment sump testing, if equipment that requires training by the manufacturer is
used.
(e) the director may issue a limited certification restricting the type of PST testing the applicant can perform.
(4) Certified sampler. No person shall conduct environmental media sampling for determining levels of contamination
which may have occurred from regulated PSTs without having certification to conduct these activities.
(a) no owner or operator shall allow any environmental media sampling for determining levels of contamination which
may have occurred from regulated PSTs to be conducted on a tank under their ownership or operation unless the person
conducting the environmental media sampling is certified according to Rule R311-201.
(5) [U]PST installer. No person shall install a PST without having certification or the on-site supervision of an
individual having certification to conduct these activities.
(a) no owner or operator shall allow the installation of a PST, or any component thereof, under their ownership or
operation unless the person installing the PST is certified according to Rule R311-201.
(b) the director may issue a limited certification restricting the type of PST installation the applicant can perform.
(6) [U]PST remover. No person shall remove a PST without having certification or the on-site supervision of an
individual having certification to conduct these activities.
(a) no owner or operator shall allow the removal of a PST, or any component thereof, under their ownership or
operation unless the person conducting the PST removal is certified according to Rule R311-201.

R311-201-3. Eligibility for Certification.
(1) Certified PST consultant.
(a) training. For initial and renewal certification, an applicant must meet:
(i) Occupational Safety and Health Agency safety training requirements in accordance with 29 CFR 1910.120 and any
other applicable safety training, as required by federal and state law; and
(ii) within a six-month period before application, complete an approved training course or equivalent in a program
approved by the director to provide training to include the following areas:
(A) state and federal statutes;
(B) rules and regulations;
(C) environmental media sampling; and
(D) department policies.
(b) experience. Each applicant must provide with the application a signed statement or other evidence demonstrating:
(i) three years, within the past seven years, of appropriately related experience in PST release abatement, investigation,
and corrective action; or
(ii) an equivalent combination of appropriate education and experience, as determined by the director.
(c) education. Each applicant must provide with the application college transcripts or other evidence demonstrating
the following:
(i) a bachelor's or advanced degree from an accredited college or university with major study in environmental health,
engineering, biological, chemical, environmental, or physical science, or a specialized or related scientific field, or equivalent
education or experience as determined by the director;
(ii) a professional engineering certificate licensed under Title 58, Chapter 22, of the Professional Engineers and Land
Surveyors Licensing Act, or equivalent certification as determined by the director; or
(iii) a professional geologist certificate licensed under Title 58, Chapter 76 of the Professional Geologist Licensing
Act, or equivalent certification as determined by the director.
(d) initial certification examination. Each applicant who is not certified pursuant to Section R311-201-4 must
successfully pass an initial certification examination or equivalent, administered under the direction of the director.
(i) the director shall determine the content of the initial examination based on the training requirements as outlined in
Subsection R311-201-3(1)(a).
(e) renewal certification examination. Certified PST consultants seeking to renew their certification pursuant to
Section R311-201-5 must successfully pass a renewal certification examination, or equivalent administered under the direction of
the director.
(i) the director shall determine the content of the renewal examination based on the training requirements as outlined in
Subsection R311-201-3(1)(a).
(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification
examination.
(f) examination for revoked or expired certification. Any applicant who is not a certified PST consultant on the date
the renewal certification examination is given because the consultant's prior certification was revoked or expired before
completing a renewal application, must successfully pass the initial certification examination administered under Subsection
R311-201-3(1)(d).
(2) [U]PST inspector.
(a) training. For initial certification, an applicant must have successfully completed a PST inspector training course or
equivalent within the six-month period before application.
(i) the training course must be approved by the director and shall include instruction in the following areas:
(A) corrosion;
(B) geology;
(C) hydrology;
(D) tank handling;
(E) tank testing;
(F) product piping testing;
(G) disposal;
(H) safety;
(I) sampling methodology;
(J) state site inspection protocol;
(K) state and federal statutes; and
(L) Utah PST rules and regulations.
(ii) renewal certification training will be established by the director.
(iii) the applicant must provide documentation of training with the application.
(b) certification examination. An applicant must successfully pass a certification examination administered under the
direction of the director.
(i) the director shall determine the content of the initial and renewal examinations, based on the training requirements
as outlined in Subsection R311-201-3(2)(a), and the standards and criteria against which the applicant will be evaluated.
(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification
examination.
(3) [U]PST tester.
(a) financial assurance. An applicant or applicant's employer must have insurance, surety bonds, liquid company
assets or other appropriate kinds of financial assurance which covers PST testing and which, in combination, represent an
unencumbered value of the largest PST testing contract performed by the applicant or the applicant's employer, as appropriate,
during the previous two years, or $50,000, whichever is greater.
(i) an applicant who uses their employer's financial assurance mu st also provide evidence of their employer's approval
of the certification application.
(b) training. For initial certification, an applicant must complete a PST tester's training course within the six-month
period before application, in a program approved by the director, to provide training to include applicable and related areas of
state and federal statutes, rules, and regulations.
(i) renewal certification training will be established by the director.
(A) the applicant must provide documentation of training with the application.
(ii) for initial certification to perform the types of testing specified in Subsection R311-201-2(3), an applicant must
have successfully passed a training course conducted by the manufacturer of the PST testing equipment that they will be using, or
a training course determined by the director to be equivalent to the manufacturer training, in the correct use of the equipment and
testing procedures required to operate the PST test system.
(iii) an applicant for renewal of certification must have successfully passed an appropriate refresher training course
conducted by the manufacturer of the PST testing equipment that they will be using, or training as determined by the director to
be equivalent to the manufacturer training, in the correct use of the equipment and testing procedures required to operate the PST
test system.
(A) for renewal certification, refresher training, or equivalent must be completed within one year before the expiration
date of the certificate.
(iv) cathodic protection testing. For initial and renewal of certification, the applicant must provide documentation of
training as a "Cathodic protection tester" as defined in 40 CFR 280.12 with the application.
(c) performance standards of equipment. An applicant must submit documentation that demonstrates the PST testing
equipment used by the applicant meets the performance standards specified in Subsection R311-200-1(2)([ss]zz)(v).
(i) this documentation shall be obtained through an independent lab, professional engineering firm, or other
independent organization or individual approved by the director and submitted at the time of application for certification.
(d) certification examination. An applicant must successfully pass a certification examination administered under the
direction of the director.
(i) the director shall determine the content of the initial and renewal examinations, based on the training requirements
as outlined in Subsection R311-201-3(3)(b), and the standards and criteria against which the applicant will be evaluated.
(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification
examination.
(4) Certified sampler.
(a) training. For initial certification an applicant must successfully complete a petroleum storage tank environmental
media sampler training course or equivalent within the six-month period before application.
(i) the training course must be approved by the director and shall include instruction in the following areas:
(A) chain of custody;
(B) decontamination;
(C) EPA testing methods;
(D) environmental media sampling protocol;
(E) preservation of samples during transportation;
(F) coordination with Utah certified laboratories; and
(G) state and federal statutes, rules, and regulations.
(ii) renewal certification training will be determined by the director.
(A) the applicant shall provide documentation of training with the application.
(b) certification examination. An applicant must successfully pass a certification examination administered under the
direction of the director.
(i) the director shall determine the content of the initial and subsequent examinations, based on the training
requirements as outlined in Subsection R311-201-3(4)(a), and the standards and criteria against which the applicant will be
evaluated.
(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification
examination.
(5) [U]PST installer.
(a) financial assurance. An applicant or the applicant's employer must have insurance, surety bonds, liquid company
assets, or other appropriate kinds of financial assurance which covers PST installation and which, in combination, represents an
unencumbered value of not less than the largest PST installation contract performed by the applicant or the applicant's employer,
as appropriate, during the previous two years, or $250,000, whichever is greater.
(i) evidence of financial assurance shall be provided with the application.
(ii) an applicant who uses their employer's financial assurance must also provide evidence of their employer's approval
of the application.
(b) training. For initial certification, an applicant must have successfully completed a PST installer training course or
equivalent within the six-month period before the application.
(i) the training course must be approved by the director, and shall include instruction in the following areas:
(A) tank installation;
(B) pre-installation tank testing;
(C) product piping testing;
(D) excavation;
(E) anchoring;
(F) backfilling;
(G) secondary containment;
(H) leak detection methods;
(I) piping;
(J) electrical; and
(K) state and federal statutes, rules, and regulations.
(ii) the applicant must provide documentation of training with the application.
(c) experience. Each applicant must provide with their application a sworn statement or other evidence that they have
actively participated in a minimum of three PST installations.
(d) certification examination. An applicant must successfully pass a certification examination administered under the
direction of the director.
(i) the director shall determine the content of the initial and renewal examinations, based on the training requirements
as outlined in Subsection R311-201-3(5)(b), and the standards and criteria against which the applicant will be evaluated.
(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification
examination.
(6) [U]PST remover.
(a) financial assurance. An applicant or the applicant's employer must have insurance, surety bonds, liquid company
assets or other appropriate kinds of financial assurance which covers PST removal and which, in combination, represents an
unencumbered value of not less than the largest PST removal contract performed by the applicant or the applicant's employer, as
appropriate, during the previous two years, or $250,000, whichever is greater.
(i) evidence of financial assurance shall be provided with the application.
(ii) an applicant who uses their employer's financial assurance must also provide evidence of their employer's approval
of the application.
(b) training. For initial certification, an applicant must have successfully completed a PST remover approved training
course or equivalent within the six-month period before the application.
(i) the training course must be approved by the director and shall include instruction in the following areas:
(A) tank removal;
(B) tank removal safety practices; and
(C) state and federal statutes, rules, and regulations.
(ii) the applicant must provide documentation of training with the application.
(c) experience. Each applicant must provide with their application a sworn statement or other evidence that they have
actively participated in a minimum of three PST removals.
(d) certification examination. An applicant must successfully pass a certification examination administered under the
direction of the director.
(i) the director shall determine the content of the initial and renewal examinations, based on the training requirements
as outlined in Subsection R311-201-3(6)(b), and the standards and criteria against which the applicant will be evaluated.
(ii) the director may offer a renewal certification examination that is less comprehensive than the initial certification
examination.

R311-201-4. Application for Certification.
(1) Any individual may apply for certification by paying any applicable fees and by submitting an application to the
director to demonstrate that the applicant
(a) meets applicable eligibility requirements specified in Section R311-201-3; and
(b) will maintain the applicable performance standards specified in Section R311-201-6 after receiving a certificate.
(2) Applications submitted under Subsection R311-201-4(1) shall be reviewed by the director for determination of
eligibility for certification.
(a) if the director determines that the applicant meets the applicable eligibility requirements described in Section R311-
201-3 and meets the standards described in Section R311-201-6, the director shall issue to the applicant a certificate.
(3) Certification for certificate holders shall be effective for a period of two years from the date of issuance, unless
revoked before the expiration date pursuant to Section R311-201-9 or inactivated pursuant to Section R311-201-8.
(a) certificates shall be subject to periodic renewal pursuant to Section R311-201-5.

R311-201-5. Renewal.
(1) A certificate holder may apply for certificate renewal not more than six months before the expiration date of the
certificate by:
(a) submitting a completed application form to demonstrate that the applicant meets the applicable eligibility
requirements described in Section R311-201-3 and meets the applicable performance standards specified in Section R311-201-6;
(b) paying any applicable fees; and
(c) passing a certification renewal examination.
(2) If the director determines that the applicant meets the applicable eligibility requirements of Section R311-201-3
and the applicable performance standards of Section R311-201-6, the director shall reissue the certificate to the applicant.
(3) Renewal certificates shall be issued for a period equal to the initial certification period and shall be:
(a) subject to inactivation under Section R311-201-8; and
(b) subject to revocation under Section R311-201-9.
(4) Any applicant who has a certification which has been revoked or expired for more than two years before submitting
a renewal application must successfully satisfy the training and certification examination requirements for initial certification
under Section R311-201-3 for the applicable certificate before receiving the renewal certification.
(a) except as provided in Subsection R311-201-3(1)(f) for certified PST consultants.

R311-201-6. Standards of Performance.
(1) Individuals who are certified in accordance with Rule R311-201 must:
(a) display the certificate upon request;
(b) comply with all local, state, and federal laws, rules, and regulations regarding the PST activity for which
certification is granted;
(c) report the discovery of any release caused by or encountered in the course of performing the PST activity for which
certification is granted to the director, the local health district, and the local public safety office within 24 hours.
(i) certified PST consultants and certified samplers must report the discovery of any release caused by or encountered
in the course of performing environmental media sampling for compliance with Utah PST rules, or report the results indicating
that a release may have occurred, to the director, the local health district, and the local public safety office within 24 hours.
(d) not participate in fraudulent, unethical, deceitful, or dishonest activity with respect to a certificate application or
performance of work for which certification is granted; and
(e) not participate in any other regulated certification program activities without meeting all requirements of that
certification program.
(2) The director may audit or commission an audit of records which support eligibility for certification, or performance
of work for which certification is granted, at any time.
(a) audits may be determined by random selection or for specific reasons, including suspicion or discovery of
inaccuracies on an application for certification or performance of substandard work for which certification is granted, or
deficiencies in complying with regulations.
(3) Certified individuals must, in addition to meeting the performance standards in Subsection R311-201-6(1), comply
with the following:
(a) certified PST consultant. An individual who provides PST consulting services in the state must:
(i) provide, or shall associate appropriate personnel to provide a high level of experience and expertise in release
abatement, investigation, or corrective action;
(ii) perform, or take steps to ensure that work is performed with skill, care, and diligence consistent with a high level
of experience and expertise in release abatement, investigation, or corrective action;
(iii) perform work and submit documentation in a timely manner;
(iv) review and certify by signature any documentation submitted to the director in accordance with PST release-
related compliance; and
(v) ensure and certify by signature pertinent release abatement, investigation, and corrective action work performed
under the direct supervision of a certified PST consultant.
(b) [U]PST inspector. An individual who performs PST inspecting for the Division of Environmental Response and
Remediation shall:
(i) conduct inspections of PSTs and records to determine compliance with this rule only as authorized by the director.
(c) [U]PST tester. An individual who performs PST testing in the state must:
(i) perform work in a manner that does not cause a release of the contents of the tank;
(ii) assure that operations of PST testing which are critical to the integrity of the system and to the protection of the
environment are supervised by a certified person; and
(iii) perform work in a manner that the integrity of the PST system is maintained.
(d) [U]PST installer. An individual who performs PST installation or repair in Utah must:
(i) be certified to assure the proper installation of all elements of PST systems which are critical to the integrity of the
system and to the protection of the environment, including:
(A) pre-installation tank testing;
(B) tank site preparation including anchoring, tank placement, and backfilling;
(C) cathodic protection installation, service, or repair;
(D) vent and product piping assembly;
(E) fill tube attachment;
(F) installation of tank manholes;
(H) secondary containment construction; and
(ii) notify the director as required by Subsection R311-203-3(1) before installing or upgrading an PST.
(e) [U]PST remover. An individual who performs PST removal in the state must:
(i) assure that operations of tank removal which are critical to safety and to the protection of the environment which
includes:
(A) removal of soil adjacent to the tank;
(B) disassembly of pipe;
(C) final removal of product and sludges from the tank, cleaning of the tank, purging or inerting of the tank, removal
of the tank from the ground, and removal of the tank from the site must be supervised by a certified person; and
(ii) not proceed to close a regulated PST without an approved closure plan, except as outlined in Subsection R311-204-
2(2).

R311-201-7. Denial of Certification and Appeal of Denial.
(1) Any individual whose application or renewal application for certification or certification renewal is denied will be
provided with a written documentation by the director specifying the reason or reasons for denial.
(a) an applicant may appeal the determination using the procedures specified in Section 19-1-301.5, et seq., and Rule
R305-7.

R311-201-8. Inactivation of Certification.
(1) If an applicant was certified based upon their employer's financial assurance, certification is contingent upon the
applicant's continued employment by that employer.
(2) If the employer loses their financial assurance or the applicant leaves the employer, their certification will
automatically be deemed inactive and they will no longer be certified for purposes of this rule.
(3) Inactive certificates may be reactivated by submitting a supplemental application with new financial assurances and
payment of any applicable fees.
(4) Reactivated certificates shall be effective for the remainder of their original term unless subsequently revoked or
inactivated before the end of that term.

R311-201-9. Revocation of Certification.
(1) Upon receipt of evidence that a certificate holder does not meet one or more of the eligibility requirements
specified in Section R311-201-3 or does not meet one or more of the performance standards specified in Section R311-201-6, the
individual's certification may be revoked.
(a) procedures for revocation are specified in Rule R305-7.

R311-201-10. Reciprocity.
(1) If the director determines that another state's certification program is equivalent to the certification program
referred to in this rule, the applicant successfully passes the Utah certification examination, and payment of any fees associated
with this rule are made, the director may issue a Utah certificate.
(a) The certificate will be valid until the expiration date of the previous state's certificate or the expiration of the
certification period described in Subsection R311-201-4(3), whichever occurs first.

R311-201-12. UST Operator Training and Registration.
(1) To meet the operator training requirement 42 USC Section 6991i of the Solid Waste Disposal Act as amended by
the Energy Policy Act of 2005, each UST facility must have UST facility operators that are trained and registered according to
the requirements of this section.
(2) Each facility must have three classes of operators: A, B, and C.
(a) a facility may have more than one person designated for each operator class.
(b) an individual acting as a Class A or B operator may do so for more than one facility.
(3) The UST owner or operator must provide documentation to the director to identify the Class A, B, and C operators
for each facility.
(a) if an owner or operator does not register and identify Class A, B, and C operators for a facility, the certificate of
compliance for the facility may be revoked for failure to demonstrate substantial compliance with all applicable state and federal
statutes, rules, and regulations.
(4) New Class A and B operators must be trained and registered within 30 days of assuming responsibility for an UST
facility.
(5) New Class C operators must be trained before assuming the responsibilities of a Class C operator.
(6) The Class A operator shall be an owner, operator, employee, or individual designated under Subsection R311-201-
12(6)(b).
(a) the Class A operator has primary responsibility for the broader aspects of the statutory and regulatory requirements
and standards necessary to operate and maintain the UST system. The Class A operator must:
(i) have a general knowledge of UST systems;
(ii) ensure that UST records are properly maintained according to 40 CFR 280;
(iii) ensure that yearly [U]PST fees are paid;
(iv) ensure proper response to and reporting of emergencies caused by releases or spills from USTs;
(v) make financial responsibility documents available to the director as required; and
(vi) ensure that Class B and Class C operators are trained and registered.
(b) an owner or operator may designate a third-party Class B operator as a Class A operator if:
(i) the UST owner or operator is a financial institution or person who acquired ownership of an UST facility solely to
protect a security interest in that property and has not operated the USTs at the facility;
(ii) all USTs at the facility are properly temporarily closed in accordance with 40 CFR 280.70 and Section R311-204-
4; and
(iii) all USTs at the facility are empty in accordance with 40 CFR 280.70(a).
(7) The Class B operator must implement routine daily aspects of operation, maintenance, and recordkeeping for UST
systems.
(a) the Class B operator shall be an owner, operator, employee, or third-party Class B operator. The Class B operator
must:
(i) ensure that on-site UST operator inspections are conducted according to the requirements of Section R311-203-7;
(ii) ensure that UST release detection is performed according to 40 CFR 280 subpart D;
(iii) ensure that the status of the UST system is monitored for alarms and unusual operating conditions that may
indicate a release;
(iv) document the reason for an alarm or unusual operating condition identified in Subsection R311-201-12(7)(iii), if it
is not reported as a suspected release according to 40 CFR 280.50;
(v) ensure that appropriate release detection and other records are kept according to 40 CFR 280.34 and 280.45, and
are made available for inspection;
(vi) ensure that spill prevention, overfill prevention, and corrosion protection requirements are met;
(vii) be on site for facility compliance inspections, or designate another individual to be on site for inspections;
(viii) ensure that suspected releases are reported according to the requirements of 40 CFR 280.50; and
(ix) ensure that Class C operators are trained and registered, and are on site during operating hours.
(8) Any individual providing services as a third-party Class B operator must be trained and registered in accordance
with Subsection R311-201-12(10) and must:
(a) be certified in accordance with Rule R311-201 as:
(i) a [U]PST tester; or
(ii) a [U]PST installer as either a general installer or a service or repair technician; or
(b) meet the training requirements of a certified [U]PST inspector and document comprehensive or general liability
insurance with limits of $250,000 minimum per occurrence.
(9) The Class C operator is an employee and is generally the first line of response to events indicating emergency
conditions. A Class C operator must:
(a) be present at the facility at all times during normal operating hours;
(b) monitor product transfer operations according to 40 CFR 280.30(a), to ensure that spills and overfills do not occur;
(c) properly respond to alarms, spills, and overfills;
(d) notify Class A operators, Class B operators, or both, and appropriate emergency responders when necessary; and
(e) act in response to emergencies and other situations caused by spills or releases from an UST system that pose an
immediate danger or threat to the public or to the environment, and that require immediate action.
(10) Operator training and registration.
(a) training and testing.
(i) applicants for Class A and B operator registration must successfully complete an approved operator training course
within the six-month period before application.
(ii) the training course must be approved by the director, and shall include instruction in the following:
(A) notification;
(B) temporary and permanent closure;
(C) installation permitting;
(D) UST requirements of the 2005 Energy Policy Act;
(E) Class A, B, and C operator responsibilities;
(F) spill prevention;
(G) overfill prevention;
(H) UST release detection;
(I) corrosion protection;
(J) recordkeeping requirements;
(K) emergency response;
(L) product compatibility;
(M) Utah PST rules and regulations;
(N) UST financial responsibility; and
(O) delivery prohibition.
(iii) applicants for Class A and B operator registration must successfully pass a registration examination authorized by
the director.
(A) the director shall determine the content of the examination.
(iv) an individual applying for Class A or B operator registration may be exempted from meeting the requirements of
Subsections R311-201-12(10)(a)(i) and R311-201-12(10)(a)(iii) by completing the following within the six-month period before
application:
(A) successfully passing a nationally recognized UST operator examination approved by the director; and
(B) successfully passing a Utah PST rules and regulations examination authorized by the director.
(v) the director shall determine the content of the examination.
(vi) Class C operators shall receive instruction in product transfer procedures, emergency response, and initial response
to alarms and releases.
(b) registration application.
(i) applicants for Class A and B operator registration must:
(A) submit a registration application to the director;
(B) document proper training; and
(C) pay any applicable fees.
(ii) Class C operators shall be designated by a Class B operator.
(iii) the Class B operator must maintain a list identifying the Class C operators for each PST facility. The list must
identify:
(A) each Class C operator;
(B) the date of training; and
(C) the trainer.
(iv) identification on the list serves as the operator registration for Class C operators.
(v) a registered Class A or B operator may act as a Class C operator by meeting the training and registration
requirements for a Class C operator.
(vi) Class A and B registration shall be effective for a period of three years, and shall not lapse or become inactive if
the registered operator leaves the employment of the company under which the registration was obtained.
(c) renewal of registration.
(i) Class A and B operators shall apply for renewal of registration not more than six months before the expiration of
the registration by:
(A) submitting a completed application form;
(B) paying any applicable fees; and
(C) documenting successful completion of any re-training required by Subsection R311-201-12(10)(d).
(ii) if the director determines that the operator meets the requirements for registration, the director shall renew the
applicant's registration for a period equal to the initial registration.
(iii) any applicant for renewal who has a registration that has been expired for more than two years before submitting a
renewal application must successfully satisfy the training and examination requirements for initial registration under Subsection
R311-201-12(10)(a) before receiving the renewal registration.
(d) re-training.
(i) a Class A operator is subject to re-training requirements if any facility for which the Class A operator has oversight
is found to be out of compliance due to:
(A) lapsing of certificate of compliance;
(B) failure to provide acceptable financial responsibility; or
(C) failure to ensure that Class B and C operators are trained and registered.
(ii) a Class B operator is subject to re-training requirements if a facility for which the Class B operator has oversight is
found to be out of compliance due to:
(A) failure to document [compliance, as determined by the Technical Compliance Rate;
(I) Technical Compliance Rate is determined using the EPA "UST and LUST Performance Definitions as of October
2018" and incorporated by reference.]spill prevention required by 40 CFR 280.35;
(B) failure to document overfill prevention required by 40 CFR 280.35;
(C) failure to document corrosion protection required by 40 CFR 280.31
(D) failure to document release detection required by 40 CFR 280.40
([B]E) failure to perform UST operator inspections required by Section R311-203-7; or
([C]F) failure to ensure that Class C operators are trained and registered, and are on site during operating hours.
(iii) to be re-trained, Class A and Class B operators must successfully complete the appropriate Class A or B operator
training course and examination, or must complete an equivalent re-training course and examination approved by the director.
(iv) Class A and B operators must be re-trained within 90 days of the date of the determination of non-compliance, and
shall submit documentation showing successful completion of the re-training to the director within 30 days of the re-training.
(A) if the documentation is not received by the director within 120 days of the date of the determination of non-
compliance, the Class A or B operator's registration shall lapse.
(B) to re-register, the operator shall meet the requirements of Subsections R311-201-12(10)(a) and R311-201-
12(10)(b).
(v) if a facility for which a Class A or B operator has oversight is found to be out of compliance under Subsection
R311-201-12(10)(d)(i) or R311-201-12(10)(d)(ii), re-training is not required if the Class A or B operator successfully completes
and documents re-training under Subsection R311-201-12(10)(d) for a prior determination of non-compliance that occurred
during the previous nine months.
(11) Reciprocity.
(a) if the director determines that another state's operator training program is equivalent to the operator training
program provided in this rule, the director may accept an applicant's Class A or Class B registration application, provided that the
applicant:
(i) submits a completed application form;
(ii) passes the Utah PST rules and regulations examination referenced in Subsection R311-201-12(10)(a)(iv)(B); and
(iii) submits payment of any applicable registration fees.
(b) the Class A or Class B registration is valid until the Utah registration expiration described in Subsection R311-201-
12(10)(b)(vi).

KEY: hazardous substances, administrative proceedings, underground storage tanks, petroleum storage tanks,
revocation procedures
Date of Last Change: [May 21, 2024]2025
Notice of Continuation: March 8, 2022
Authorizing, and Implemented or Interpreted Law: 19-1-301; 19-6-105; 19-6-402; 19-6-403; 63G-4-102; 63G-4-201
through 205; 63G-4-503

R311. Environmental Quality, Environmental Response and Remediation.
R311-203. Petroleum Storage Tanks: Technical Standards.
R311-203-1. Definitions.
Definitions are found in Rule R311-200.

R311-203-2. Notification.
(1) The owner or operator of an UST must notify the director when:
(a) new USTs are brought into use;
(b) the owner or operator changes;
(c) changes are made to the tank or piping system; and
(d) release detection, corrosion protection, or spill or overfill prevention systems are installed, changed, or upgraded.
(2) Notifications must be submitted on the current approved notification form.
(3) Notifications submitted to meet the requirements of Subsection R311-203-2(1) shall be submitted[within 30 days
of the completion of the work or the change of ownership.]:
(a) no later than 30 days before the completion of the work; and
(b) no later than 30 days after the change of ownership.
(4) To satisfy the requirement of Section 19-6-407 the certified installer shall[:]
[(a) ] complete the appropriate section of the form to be submitted by the owner or operator, and ensure that the
notification form is submitted by the owner or operator [within]no later than 30 days [of completion of]before the installation[; or
(b) provide separate notification to the director within 60 days of the completion of the installation.].
(5) The owner or operator of an APST that is in service on or after May 5, 2021, must notify the director according to
the requirements of Subsection 19-6-407(2).
(6) The owner or operator of an APST that was out of service before May 5, 2021,
(a) must notify the director according to the requirements of Subsection 19-6-407(2)(a)[(i)];
(b) is subject to delivery prohibition requirements in Section R311-206-8;
(c) is subject to closure requirements under [Subsections 19-6-407(2)(a)(iii) and (iv) and] Section R311-204[-2];
(d) must demonstrate the tank has been emptied of any regulated substance to the lowest discharge point on the tank;
and
(e) is subject to release reporting requirements as outlined in [Subsection 19-6-407(2)(a)(iv); and]R311-205-2(1)(f).
(7) The owner or operator of an APST that is not in service before May 5, 2021, is not subject to the requirements of
Subsection 19-6-407(2)([c]f) and Section 19-6-412 unless the owner or operator elects to bring the APST back in service.
(8) The owner or operator of an APST must notify within 24 hours local emergency responders of a spill or overfill
exceeding 25 gallons.
R311-203-3. New Installations, Permits.
(1) Certified [U]PST installers must notify the director at least [ten business]30 days, or another time period approved
by the director, before commencing any of the following activities:
(a) the installation of a full [U]PST system or tank only;
(b) the installation of underground product piping for one or more tanks at a facility, separate from the installation of
one or more tanks at a facility;
(c) the internal lining or an internal inspection of a previously-existing tank;
(d) the installation of a cathodic protection system on one or more previously-existing tanks at a facility;
(e) the installation of a bladder in a tank;
(f) any retro-fit, replacement, or installation that requires the cutting of a manway into the tank;
(g) the installation of a spill prevention or overfill prevention device;
(h) the installation of a leak detection monitoring system; or
(i) the installation of a containment sump or under-dispenser containment.
(2) The [U]PST installation company must submit to the director a[n] [U]PST installation permit fee of $200 when any
of the activities listed in Subsections R311-203-3(1)(a) through R311-203-3(1)(f) is performed on an [U]PST system that has not
qualified for a certificate of compliance before the commencement of the work.
(3) The fees assessed under Subsection 19-6-411(2)(a)(i) will be determined based on the number of full [U]PST
installations performed by the installation company in the 12 months previous to the fee due date.
(a) installations for which the fee assessed under Subsections 19-6-411(2)(a)(ii) and R311-203-3(3) is charged shall
count toward the total installations for the 12-month period.
(4) For the purposes of Subsections 19-6-411(2)(a)(ii), 19-6-407(1)(c), and R311-203-2(4), an installation is
considered complete when:
(a) in the case of installation of a new [U]PST system, tank only, or product piping only, the new installation first
holds a regulated substance; or
(b) in the case of installation of the components listed in Subsections R311-203-3(1)(d) through R311-203-3(1)(f), the
new installation is functional and the [U]PST holds a regulated substance and is operational.
(5) If, before completion of an installation for which a[n] [U]PST installation permit fee is required, the owner or
operator decides to install additional [U]PST system components, the installer shall notify the director of the change.
(a) when additions are made, the [U]PST installation permit fee shall be increased based on the additional number of
tanks to be installed in accordance with Subsection 19-6-411(2)(a)(i) and the Department of Environmental Quality Fee
Schedule, as approved annually by the Legislature.
(6) The number of [U]PST installation companies performing work on a particular installation will not be a factor in
determining the [U]PST installation permit fee for that installation.
(a) each installation company must be identified on the [U]PST installation permit.
(7) When a new [U]PST system, tank only, product piping only, or new cathodic protection system is installed, the
owner or operator must submit to the director an as-built drawing that meets the requirements of Subsection R311-200-1(2)([b]d).

R311-203-4. Petroleum Storage Tank Registration Fee.
(1) Registration fees will be assessed by the Department against tanks which are not permanently closed for the entire
fiscal year, and will be billed per facility.
(2) Registration fees are due on July 1 of the fiscal year for which the assessment is made, or, for PSTs brought into
use after the beginning of the fiscal year, registration fees are due when the tanks are brought into use, as a requirement for
receiving a certificate of compliance.
(3) The director may waive all or part of the penalty assessed under Subsection 19-6-408(5) if no fuel has been
dispensed from the tank on or after July 1, 1991 and if the tank has been properly closed according to Rules R311-204 and R311-
205, or in other circumstances as approved by the director.
(4) The director shall issue a certificate of registration to owners or operators for individual PSTs at a facility if:
(a) the tanks are in use or are temporarily closed as outlined in 40 CFR Part 280 Subpart G; and
(b) the PST registration fee has been paid.
(5) Pursuant to Subsection 19-6-408(5)(c), past due PST registration fees, late payment penalties and interest must be
paid before the director may issue or re-issue a certificate of compliance regardless of whether there is a new owner or operator at
the facility.
(a) the director may decline active collection of past due registration fees, late payment penalties and interest if a
certificate of compliance is not issued and the new owner or new operator properly closes the PSTs within one year of becoming
the new owner or operator of the facility.
(6) A [U]PST will be assessed the higher registration fee established under Section 63J-1-504 if it is found to be out of
compliance with the EPA Technical Compliance Rate during an inspection, and remains out of compliance for six months or
greater following the initial inspection.
(a) the higher registration fee is due July 1 following the documented six-month period of non-compliance.
(7) When the director is notified of the existence of a previously unregistered regulated PST, the director shall assess
the applicable notification fee and PST registration fee for the current fiscal year.
(a) if the PST is properly permanently closed within 90 days of the notification of the existence of the PST, the director
may decline active collection of past due registration fees, late payment penalties, and interest for previous fiscal years.

R311-203-5. PST Testing Requirements.
(1) Tank tightness testing. The testing method must be able to test the PST system at the maximum level that could
contain regulated substances.
(a) tanks with overfill prevention devices that prevent product from entering the upper portion of the tank may be
tested at the maximum level allowed by the overfill device.
(2) Spill prevention equipment. An individual who conducts a test of spill prevention equipment to meet the
requirements of 40 CFR 280.35(a)(1)(ii) must report the test results using:
(a) the form "Utah Spill Prevention Test"; or
(b) the form "Appendix C-3 Spill Bucket Integrity Testing Hydrostatic Test Method Single and Double-Walled
Vacuum Test Method," found in PEI RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak
Detection and Secondary Containment Equipment at UST Facilities;" or
(c) another form approved by the director.
(3) Containment sump testing. An individual who conducts a test of a containment sump used for interstitial
monitoring to meet the requirements of 40 CFR 280.35(a)(1)(ii) or a test of a piping containment sump or under-dispenser
containment to meet the requirements of Section R311-206-11 must report the test results using:
(a) the form "Utah Containment Sump Test"; or
(b) the form "Appendix C-4 Containment Sump Integrity Testing Hydrostatic Testing Method," found in PEI RP1200;
or
(c) another form approved by the director.
(4) When a sump sensor is used as an automatic line leak detector, the secondary containment sump must be tested for
tightness annually according to the manufacturer's guidelines or standards, or by another method approved by the director.
(a) the sensor shall be located as close as is practicable to the lowest portion of the sump.
(5) Cathodic protection testing. Cathodic protection tests must meet the inspection criteria outlined in 40 CFR
280.31(b), or other criteria approved by the director. The tester who performs the test must provide the following information:
(a) location of [at least three ]test points [per]for each tank;
(b) location of one remote test point for galvanic systems;
(c) test results in volts or millivolts;
(d) pass or fail determination for each tank, line, flex connector, or other [U]PST system component tested;
(e) the criteria by which the pass or fail determination is made;
(f) a site plat showing locations of test points; and
(g) a re-test of any cathodic protection system is required within six months of any below-grade work that may harm
the integrity of the system.
(6) [U]PST testers performing tank and line tightness testing must include the following as part of the test report:
(a) pass or fail determination for each tank or line tested;
(b) measured leak rate;
(c) test duration;
(d) product level for tank tests;
(e) pressure used for pressure tests;
(f) type of test; and
(g) test equipment used.
(7) overfill prevention equipment inspection. An individual who conducts an inspection of overfill prevention
equipment to meet the requirements of 40 CFR 280.35(a)(2) must report the results using:
(a) the form "Appendix C-5 UST Overfill Equipment Inspection Automatic Shutoff Device and Ball Float Valve,"
found in PEI RP1200, when the overfill prevention is provided by either an automatic shutoff device or a ball float valve;
(b) the form "Appendix C-6 Overfill Alarm Operation Inspection," found in PEI RP1200, when overfill prevention is
provided by an overfill alarm; or
(c) another form approved by the director.
(8) Automatic tank gauge inspection. An individual who conducts an inspection of automatic tank gauges to meet the
requirements of 40 CFR 280.40(a)(3) must report the results using:
(a) the form "Appendix C-7 Automatic Tank Gauge Operation Inspection," found in PEI RP1200, and if the PST
system or any portion thereof is interstitially monitored, "Appendix C-8: Liquid Sensor Functionality Testing," found in PEI
RP1200; or
(b) another form approved by the director.
(9) Automatic line leak detector testing. An individual who conducts a test of automatic line leak detectors to meet the
requirements of 40 CFR 280.40(a)(3) must report the results using:
(a) the form "Appendix C-9 Mechanical and Electronic Line Leak Detector Performance Tests," found in PEI RP1200;
or
(b) another form approved by the director.
(10) Leak Detection and Testing Requirements for APSTs:
(a) annual line tightness testing or monthly monitoring is required for underground piping associated with APSTs.
(i) [an individual who conducts a tightness test of product lines must perform the test as set forth in 40 CFR
280.44(b)]line tightness tests must meet the requirements of 40 CFR-280.44(b) and Subsection R311-203-5(6).
(ii) [when pressurized underground product piping is connected to an APST that is not double-walled, sensor
equipped, and monitored monthly, the product piping must be tested for tightness annually. The test must meet the requirements
of Subsection R311-203-5(6)]containment sumps associated with monthly monitoring must be tested every three years. The test
must meet the requirements of Subsection R311-203-5(3).
(iii) another method may be used if approved by the director.
(b) spill prevention equipment associated with an APST must meet the standards set forth in International Fire Code
(IFC) 2306.6.2.6 referenced in the Utah State Fire Code adopted pursuant to Section 15A-5-103.
(c) leak detection requirements, beginning July 1, 2026, an APST that rest[ing]s directly on the ground must [perform
monthly interstitial monitoring, a monthly 0.2 gallon per hour release detection test, or a tank tightness test every 5 years. The
test must meet the requirements of Subsection R311-203-5(1)]meet one of the following:
(i) perform monthly interstitial monitoring;
(ii) conduct a monthly 0.2 gallon per hour release detection test; or
(iii) complete a tank tightness test every five years. The test must meet the requirements of Subsection R311-203-5(1).
(d) corrosion protection, beginning July 1, 2026, [if applicable, ]an APST[s] that rests directly on the ground [ and],
associated piping and ancillary equipment subject to external corrosion [are required to]must have cathodic protection that
meet[s] the standards set forth in IFC 5704.2.7.9 and National Fire Protection Agency (NFPA) 30.23.3.5 and must have a passing
cathodic protection test every 3 years [. The test must]that meet the requirements of Subsection R311-203-5(5).
(e) overfill prevention devices, beginning July 1, 2026, an APST [shall]must have an overfill prevention device that
meet[s] the standards set forth in IFC 2306.6.2.3, 5704.2.7.5.8 and 5704.2.927.5 and must have an overfill prevention equipment
inspection performed every three years. The overfill prevention equipment inspection must meet the requirements of Subsection
R311-203-5(7).
(f) automatic line leak detector, beginning July 1, 2026, an APST with [pressurized]underground product piping:[shall
have an automatic line leak detector that meets the standards set forth in IFC 2306.7.7.1 and must have an automatic line leak
detector test performed annually. The test must meet the requirements of Subsection R311-203-5(9).]
(i) must have an automatic line leak detector that meet the requirements of 40 CFR 280.44(a);
(ii) must have an automatic line leak detector test performed annually that meet the requirements of subsection R311-
203-5(9); or
(iii) may use another method if approved by the director.

R311-203-6. Secondary Containment and Under-Dispenser Containment.
(1) Secondary containment for tanks and piping.
(a) to meet the requirements of Subsection 42 USC 6991b(i) of the Solid Waste Disposal Act, tanks and product piping
that are installed as part of an UST system after October 1, 2008 and before January 1, 2017 must have secondary containment if
the installation is located 1,000 feet or less from an existing community water system or an existing potable drinking water well.
(b) the secondary containment installed under Subsection R311-203-6(1) must meet the requirements of 40 CFR
280.42(b), and shall be monitored monthly for releases from the tank and piping.
(i) monthly monitoring must meet the requirements of 40 CFR 280.43(g).
(c) containment sumps for piping installed under Subsection R311-203-6(1) are required:
(i) at the submersible pump or other location where the piping connects to the tank;
(ii) where the piping connects to a dispenser, or otherwise goes aboveground; and
(iii) where double-walled piping that is required under Subsection R311-203-6(1) connects with existing piping.
(d) containment sumps for piping that is installed under Subsection R311-203-6(1) must:
(i) contain submersible pumps, check valves, unburied risers, flexible connectors, and other transitional components
that connect the piping to the tank, dispenser, or existing piping; and
(ii) meet the requirements of Subsection R311-203-6(2)(b).
(e) in the case of a replacement of tank or piping, only the portion of the UST system being replaced is subject to the
requirements of Subsection R311-203-6(1).
(i) if less than 100% of the piping from a tank to a dispenser is replaced, the requirements of Subsection R311-203-
6(1) applies to new product piping that is installed.
(ii) the closure requirements of Rule R311-205 apply to product piping that is taken out of service.
(iii) when new piping is connected to existing piping that is not taken out of service, the connection between the new
and existing piping must be secondarily contained, and monitored for releases according to 40 CFR 280.43(g).
(f) the requirements of Subsection R311-203-6(1) do not apply to:
(i) piping that meets the requirements for "safe suction" piping in 40 CFR 280.41(b)(2); or
(ii) piping that connects two or more tanks to create a siphon system.
(g) the requirements of Subsection R311-203-6(1) apply to emergency generator USTs installed after October 1, 2008.
(2) Under-dispenser containment.
(a) to meet the requirements of Subsection 42 USC 6991b(i) of the Solid Waste Disposal Act, new motor fuel
dispenser systems installed after October 1, 2008 and before January 1, 2017, and connected to an UST, must have under-
dispenser containment if the installation is located 1,000 feet or less from an existing community water system or an existing
potable drinking water well.
(b) the under-dispenser containment must:
(i) be liquid-tight on its sides, bottom, and at penetrations;
(ii) be compatible with the substance conveyed by the piping; and
(iii) allow for visual inspection and access to the components in the containment system, or be continuously monitored
for the presence of liquids.
(c) if an existing dispenser is replaced, the requirements of Subsection R311-203-6(2) apply to the new dispenser if
any equipment used to connect the dispenser to the PST system is replaced.
(i) this equipment includes unburied flexible connectors, risers, and other transitional components that are beneath the
dispenser and connect the dispenser to the product piping.
(3) The requirements of Subsections R311-203-6(1) and R311-203-6(2) do not apply if the installation is located more
than 1,000 feet from an existing community water system or an existing potable drinking water well.
(a) the PST owner or operator must provide to the director documentation to show that the requirements of Subsections
R311-203-6(1) and R311-203-6(2) do not apply to the installation.
(b) the documentation shall be provided at least 60 days before the beginning of the installation, and shall include:
(i) a detailed to-scale map of the proposed installation that demonstrates that no part of the installation is within 1,000
feet of any community water system, potable drinking water well, or any well the owner or operator plans to install at the facility;
and
(ii) a certified statement by the owner or operator explaining who researched the existence of a community water
system or potable drinking water well, how the research was conducted, and how the proposed installation qualifies for an
exemption from the requirements of Subsections R311-203-6(1) and R311-203-6(2).
(4) To determine whether the requirements of Subsections R311-203-6(1) and R311-203-6(2) apply, the distance from
the UST installation to an existing community water system or existing potable drinking water well shall be measured from the
closest part of the new UST, piping, or motor fuel dispenser system to:
(a) the closest part of the nearest community water system, including:
(i) the location of the wellheads for groundwater and the location of the intake points for surface water;
(ii) water lines, processing tanks, and water storage tanks; and
(iii) water distribution/ and service lines under the control of the community water system operator, or
(b) the wellhead of the nearest existing potable drinking water well.
(5) If a new UST facility is installed, and is not within 1,000 feet of an existing community water system or an existing
potable drinking water well, the requirements of Subsections R311-203-6(1) and R311-203-6(2) apply if the owner or operator
installs a potable drinking water well at the facility that is within 1,000 feet of the UST, piping, or motor fuel dispenser system,
regardless of the sequence of installation of the UST system, dispenser system, and well.
(6) To meet the requirements of 40 CFR 280.20, tanks and product piping that are installed or replaced as part of an
UST system on or after January 1, 2017 must be secondarily contained and use interstitial monitoring in accordance with 40 CFR
280.43(g).

R311-203-7. Operator Inspections.
(1) Owners and operators must perform periodic inspections in accordance with 40 CFR 280.36.
(a) inspections must be conducted by or under the direction of the designated Class B operator.
(b) the Class B operator must ensure that documentation of each inspection is kept and made available for review by
the director.
(2) The individual who conducts inspections to meet the requirements of 40 CFR 280.36(a)(1) or 208.36(a)(3) shall
use the form "UST Operator Inspection- Utah" or another form approved by the director.
(3) An UST facility whose tanks are properly temporarily closed according to 40 CFR 280.70 and Section R311-204-4
must have an annual operator inspection.
(4) An owner or operator who conducts visual checks of tank top containment sumps and under-dispenser containment
sumps for compliance with piping leak detection in accordance with 40 CFR 280.43(g) must conduct the visual checks monthly
and report the results on the operator inspection form.

R311-203-8. Unattended Facilities.
(1) a[n] [U]PST facility that:
(a) normally has no employee on site or is open to dispense fuel at times when no employee or trained operator is on
site must have:
(i) a sign posted in a conspicuous place, giving the name and telephone number of the facility owner, operator, or local
emergency responders; and
(ii) an emergency shutoff device in a readily accessible location, if the facility dispenses fuel.

KEY: fees, hazardous substances, petroleum, underground storage tanks
Date of Last Change: [July 12, 2024]2025
Notice of Continuation: March 8, 2022
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-403; 19-6-408

R311. Environmental Quality, Environmental Response and Remediation.
R311-204. Petroleum Storage Tanks: Closure and Remediation.
R311-204-1. Definitions.
Definitions are found in Rule R311-200.

R311-204-2. Petroleum Storage Tank Closure Plan.
(1) Owners or operators of PSTs or any portion thereof which are to be permanently closed or undergo change-in-
service must submit a permanent closure plan to the director[.] at least 30-days before the closure of the PSTs.
(a) the permanent closure plan shall be submitted by the owner or operator as fulfillment of the 30-day permanent
closure notification requirement in accordance with [Subsection 19-6-407(2)(a)(iii) for APSTs and] 40 CFR 280.71(a) [Subpart
G.]for USTs.
(2) If a tank is to be removed as part of corrective action as allowed by 40 CFR 280 Subpart G, the owner or operator
is not required to submit a closure plan, but must meet the requirements of 40 CFR 280.66(d) before any removal activity takes
place, and must submit a corrective action plan as required by 40 CFR 280.66.
(3) The closure plan shall address applicable issues involved with permanent closure, change-in-service, or reuse of
APSTs, including:
(a) product removal;
(b) sludge disposal;
(c) vapor purging or inerting;
(d) removing or securing and capping product piping;
(e) removing vent lines or securing vent lines open;
(f) tank cleaning;
(g) environmental sampling;
(h) contaminated soil and water management;
(i) in-place tank disposal or tank removal;
(j) transportation of tank;
(k) permanent disposal; and
(l) other disposal activities which may affect human health, human safety, or the environment.
(4) No PST shall be permanently closed or undergo change-in-service before the owner or operator receiving final
approval of the submitted permanent tank closure plan by the director, except as outlined in Subsection R311-204-2(2).
(a) closure plan approval is effective for a period of one year.
(b) if the PST has not been permanently closed or undergone change-in-service as proposed within one year following
approval from the director, the plan must be re-submitted for approval, unless otherwise approved by the director.
(5) Permanent closure plans shall be prepared using the current approved form according to guidance furnished by the
director.
(6) The owner or operator shall ensure that the approved permanent closure plan and approval letter are on site during
closure activities.
(7) Any deviation from or modification to an approved closure plan must be approved by the director before
implementation, and must be submitted in writing to the director.
(8) The director must be notified at least three business days before the start of closure activities.

R311-204-3. Disposal.
(1) Tank labeling. Immediately after being removed, tanks which are permanently closed by removal must be labeled
with the following in letters at least two inches high:
(a) the facility identification number;
(b) the substance contained; and
(c) the date removed: "month/day/year."
(2) Removed tanks shall be expeditiously disposed of as regulated PSTs by the following methods:
(a) the tank may be cut up after the interior atmosphere is first purged or inerted.
(b) the tank may be crushed after the interior atmosphere is first purged or inerted.
(c) the tank may not be used to store food or liquid intended for human or animal consumption.
(d) the tank may be disposed of in a manner approved by the director.
(3) Any removed APST that is to be reused as an APST must be recertified by the manufacturer of the tank or undergo
a tank inspection, conducted by a qualified contractor, using a nationally recognized standard such as STI SP001 or API 653.
(4) Tank transportation. Used tanks which are transported on roads of the state must be cleaned inside the tank before
transportation, and be free of product, free of vapors, or made inert during transport.

R311-204-4. Closure Notice.
(1) Owners or operators of USTs which were permanently closed or had a change-in-service before December 22,
1988 must submit a completed closure notice, unless the tanks were properly closed on or before January 1, 1974.
(2) Owners or operators of USTs which are permanently closed after December 22, 1988, and APSTs closed or having
a change-in-service as defined in 40 CFR 280 Subpart G after May 5, 2021 must submit a completed closure notice form and the
following information within 90 days after tank closure:
(a) results from the closure site assessment conducted in accordance with Rule R311-205, including analytical
laboratory results and chain of custody forms; and
(b) a site plat displaying depths and distances such that the sample locations can be determined solely from the site
plat. The site plat shall include:
(i) scale;
(ii) north arrow;
(iii) streets;
(iv) property boundaries;
(v) building structures;
(vi) utilities;
(vii) PST system location;
(viii) location of any contamination observed or suspected during sampling;
(ix) location and volume of any stockpiled soil;
(x) the extent of the excavation zone; and
(xi) any other relevant features.
(c) sample identification numbers used on the site plat shall correspond to the chain of custody form and the lab
analysis report.
(3) Owners and operators of PSTs that are temporarily closed for a period greater than three months must submit a
completed temporary closure notice within 120 days after the beginning of the temporary closure.
(4) Closure notices for permanent and temporary closure shall be submitted on the current approved forms.

R311-204-5. Remediation.
(1) Any PST release management, abatement, investigation, corrective action or evaluation activities performed for a
fee, or in connection with services for which a fee is charged, must be performed under the supervision of a certified PST
consultant, except as outlined in Subsections 19-6-402(6)(b), R311-201-2(1), and R311-204-5(2).
(2) At the time of PST closure, a certified [U]PST remover may over-excavate and properly dispose of up to 50 cubic
yards of contaminated soil per facility, or another volume approved by the director, in addition to the minimum amount required
for closure of the PST.
(a) this over-excavation may be performed without the supervision of a certified PST consultant.
(b) appropriate confirmation samples must be taken by a certified sampler in accordance with Rule R311-201 to
determine the extent and degree of contamination.

KEY: hazardous substances, petroleum, underground storage tanks
Date of Last Change: [May 21, 2024]2025
Notice of Continuation: March 8, 2022
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-402; 19-6-403

R311. Environmental Quality, Environmental Response and Remediation.
R311-205. Petroleum Storage Tanks: Site Assessment Protocol and Release Reporting.
R311-205-1. Definitions.
Definitions are found in Rule R311-200.

R311-205-2. Site Assessment Protocol.
(1) General Requirements.
(a) a site assessment or site check is required:
(i) for USTs, pursuant to 40 CFR 280.72 or Subsection 19-6-428([3]2).
(ii) for APSTs, when the tank or connected piping are permanently closed or as pursuant to Subsections 19-6-420(2)(a)
and 19-6-428([3]2).
(b) when a site assessment or site check is required, owners or operators shall perform the work or commission the
work to be performed according to Rule R311-205 or equivalent, as approved by the director.
(c) additional environmental media samples must be collected when contamination is found, suspected, or as requested
by the director.
(d) environmental media samples are to be collected according to the Utah Petroleum Storage Tank Environmental
Media Sampling Handbook, dated June 1, 2021, which is incorporated by reference, or as determined by the director.
(e) owners and operators must document and report to the director the following:
(i) sample types;
(ii) sample locations and depths;
(iii) field and sampling measurement methods;
(iv) the nature of the stored substance;
(v) the type of backfill and native soil;
(vi) the depth to groundwater; and
(vii) other factors appropriate for identifying the source area and the degree and extent of subsurface soil and
groundwater contamination.
(f) the owner or operator must report the discovery of any reportable release or suspected release to the director within
24 hours.
(i) owners or operators must begin release investigation and confirmation steps as outlined in 40 CFR 280, Subpart E
and Section 19-6-420 upon suspecting a release.
(ii) owners or operators must begin release response and corrective action as outlined in 40 CFR 280, Subpart F and
Section 19-6-420 upon confirming a release.
(g) environmental media samples must be collected by a certified sampler who meets the requirements of Rule R311-
201.
(i) the certified sampler shall record the depth below grade and location of each sample collected to within one foot.
(h) environmental media samples must be analyzed within the time frame allowed, in accordance with the Utah
Petroleum Storage Tank Environmental Media Sampling Handbook, by a certified environmental laboratory.
(i) soil samples must be corrected for moisture, if necessary, with percent moisture reported to accurately represent the
level of contamination.
(i) environmental media samples for PST permanent closure or change in service must be collected according to the
protocol outlined in Subsection R311-205-2(2), after the PST system is emptied and cleaned and after the closure plan has been
approved.
(j) environmental media confirmation samples are required following over-excavation of soils.
(i) confirmation samples shall be taken at locations and depths sufficient to detect the presence, extent, and degree of a
release from any portion of the PST as outlined in 40 CFR 280, Subparts E, F, and G.
(ii) additional confirmation samples may be required as determined by the director.
(k) upon confirming a release, a site assessment report, an updated site plat, analytical laboratory results, chain of
custody forms, and other applicable documentation referenced in 40 CFR 280, Subparts E and F, following any abatement,
investigation or assessment, monitoring, remediation or corrective action activities, shall be submitted to the director within the
specified time frames.
(l) when conducting environmental media sampling as referenced in 40 CFR 280, subparts E and F, soil classification
samples to determine native soil type shall be collected at locations and depths as requested by the director.
(i) techniques of the Unified Soil Classification such as a sieve analysis or laboratory classification, or a field
description from a qualified individual as determined by the director, may be used to satisfy requirements of determining native
soil type.
(m) other types of environmental media or quality assurance samples may be required as determined by the director.
(2) Site assessment protocol for PST closure.
(a) the appropriate number of environmental media samples, as described in Subsections R311-205-2(2) and R311-
205-2(3) shall be collected in native soils, below the backfill material, and as close as technically feasible to the tank, piping, or
dispenser island.
(i) any other samples required by Subsection R311-205-2(1) must also be collected.
(ii) soil samples shall be collected from a depth of zero to two feet below the backfill and native soil interface.
(A) if groundwater is contacted in the process of collecting the soil samples, the soil samples required by Subsections
R311-205-2(2) and R311-205-2(3) shall be collected from the unsaturated zone immediately above the capillary fringe.
(iii) groundwater samples collected from an excavation shall be collected using proper surface water collection
techniques according to the Utah Petroleum Storage Tank Environmental Media Sampling Handbook, or as determined by the
director.
(b) environmental media samples must be analyzed using the appropriate analytical methods outlined in Subsections
R311-205-2(2) and R311-205-2(5).
(c) one soil classification sample to determine native soil type shall be collected at the same depth as indicated for
environmental media samples, at each tank and product piping area.
(i) for dispenser islands, only one representative sample to determine native soil type is required.
(ii) techniques of the Unified Soil Classification such as a sieve analysis or laboratory classification shall be used to
satisfy requirements of determining native soil type when taking samples for PST closure.
(3) Environmental sampling protocol for PST closures:
(a) for a tank area containing one PST, one soil sample shall be collected at each end of the tank.
(i) if groundwater is contacted during the process of collecting soil samples, a minimum of one groundwater and one
soil sample shall be collected from each end of the tank.
(b) for a tank area containing more than one PST, one soil sample shall be collected from each corner of the tank area.
(i) if groundwater is contacted during the process of collecting soil samples, a minimum of one groundwater and one
soil sample shall be collected from each end of the tank area.
(c) product piping samples shall be collected from each product piping area, at locations where leaking is most likely
to occur, such as joints, connections, and fittings.
(i) these samples must be collected at intervals which do not allow more than 50 linear feet of piping in a single piping
area to go unsampled.
(ii) if groundwater is contacted during the process of collecting soil samples, a minimum of one groundwater and one
soil sample shall be collected from each piping area where groundwater was encountered.
(d) for product dispensers, environmental media samples shall be collected from beneath each product dispenser.
(i) if groundwater is contacted during the process of collecting soil samples, a minimum of one groundwater and one
soil sample shall be collected from each product dispenser where groundwater was encountered.
(e) for PSTs with remote fill, environmental media samples shall be collected from beneath each remote fill location
and in intervals which do not allow more than 25 linear feet of the piping associated with the remote fill to go unsampled.
(i) if groundwater is contacted during the process of collecting soil samples, a minimum of one groundwater and one
soil sample shall be collected from each sample location where groundwater was encountered.
(4) Site check requirements for re-applying to participate in the EAP.
(a) owners or operators wishing to re-apply for participation in the EAP following a period of lapse or non-
participation may perform a site check pursuant to Subsection 19-6-428([3]2).
(b) the owner or operator shall develop or commission to have developed a site check plan outlining the intended
sampling program.
(i) the director shall review and approve the site check plan before its implementation.
(c) the site check must meet the sampling requirements for PSTs, dispensers, and piping as defined in Subsection
R311-205-2(2), or as determined by the director on a site-specific basis.
(d) additional sampling may be required by the director based on review of the proposed site check plan and site-
specific conditions.
(5) Laboratory analyses of environmental media samples.
(a) environmental media samples which have been collected to determine levels of contamination from PSTs must be
analyzed by a certified environmental laboratory.
(b) unless otherwise approved by the director, the required analytes and corresponding analytical methods shall be:
(i) for gasoline contamination:
(A) total petroleum hydrocarbons, purgeable TPH as gasoline range organics C6 - C10, by either EPA 8015 or EPA
8260; and
(B) benzene, toluene, ethylbenzene, xylenes, naphthalene (BTEXN), and methyl tertiary butyl ether (MTBE) by either
EPA 8021 or EPA 8260.
(ii) for diesel fuel contamination:
(A) total petroleum hydrocarbons, extractable TPH as diesel range organics C10 - C28, by EPA 8015; and
(B) benzene, toluene, ethylbenzene, xylenes and naphthalene (BTEXN) by either EPA 8021 or EPA 8260.
(iii) for used oil contamination:
(A) oil and grease (O and G) or total recoverable petroleum hydrocarbons (TRPH) by EPA 1664; and
(B) benzene, toluene, ethylbenzene, xylenes, naphthalene (BTEXN), methyl tertiary butyl ether (MTBE), and
halogenated volatile organic compounds (VOX) by EPA 8021 or EPA 8260.
(iv) for new oil contamination:
(A) oil and grease (O and G) or total recoverable petroleum hydrocarbons (TRPH) by EPA 1664.
(v) contamination from PSTs which contain substances other than or in addition to petroleum shall be analyzed for
appropriate constituents as determined by the director.
(vi) for contamination of an unknown petroleum product type:
(A) total petroleum hydrocarbons, purgeable TPH as gasoline range organics C6 - C10, by either EPA 8015 or EPA
8260;
(B) total petroleum hydrocarbons, extractable TPH as diesel range organics C10 - C28, by EPA 8015;
(C) oil and grease (O and G) or total recoverable petroleum hydrocarbons (TRPH) by EPA 1664; and
(D) benzene, toluene, ethylbenzene, xylenes, naphthalene (BTEXN), methyl tertiary butyl ether (MTBE), and
halogenated volatile organic compounds (VOX) by either EPA 8021 or EPA 8260.
(vii) potential vapor intrusion from petroleum product types shall be analyzed for appropriate constituents as
determined by the director.
(c) original laboratory sample results must be returned to the certified sampler or certified PST consultant to verify
chain of custody protocols, including holding times and analytical procedures, were properly followed.
(d) environmental media samples must be collected and transported under chain of custody according to EPA methods
as approved by the director.
(e) reporting limits used by laboratories analyzing environmental media samples taken under this rule shall be below
Initial Screening Levels for the contaminated media under study.
(i) environmental media samples shall be analyzed with the least possible dilution to ensure reporting limits are below
Initial Screening Levels to the extent possible.
(ii) if more than one determinative analysis is performed on any given environmental media sample, the final dilution
factor used and the reporting limit must be reported by the laboratory.
(A) as an alternative to diluting environmental media samples, the laboratory shall use appropriate analytical cleanup
methods and describe which analytical cleanup methods were used to eliminate or minimize matrix interference.
(iii) any analytical cleanup method used must not eliminate the contaminant of concern or target analyte.

KEY: petroleum, underground storage tanks
Date of Last Change: [July 15, 2022]2025
Notice of Continuation: March 8, 2022
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-403; 19-6-413

R311. Environmental Quality, Environmental Response and Remediation.
R311-206. Petroleum Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms.
R311-206-1. Definitions.
Definitions are found in Rule R311-200.

R311-206-2. Declaration of Financial Assurance Mechanism.
(1) To demonstrate financial assurance, as required by Section 19-6-412 and Subsection 19-6-407(2)(c), owners or
operators of petroleum storage tanks must:
(a) declare they will participate in the EAP and meet the requirements for participation in the EAP under Sections 19-
6-410.5, 19-6-428 and R311-206-4; or
(b) demonstrate financial assurance that meets the coverage amounts specified in 40 CFR 280.93, by an allowable
method specified in Section R311-206-5.
(2) For the purposes of Subsection 19-6-412(6), tanks at a facility must be covered by the same financial assurance
mechanism, and must be considered to be in one area, unless the director determines there is sufficient information so that
releases from different tanks at the facility could be accurately differentiated.

R311-206-3. Requirements for Issuance of Certificates of Compliance.
(1) The director shall issue a certificate of compliance to an owner or operator for individual petroleum storage tanks at
a facility if:
(a) the owner or operator has a certificate of registration;
(b) the owner or operator must certify that the PST is in substantial compliance with state and federal statutes, rules,
and regulations applicable to PST systems;
(c) the tank tightness test, as required by Section 19-6-413 conducted within six months before the tank was registered
or within 60 days after the date the tank was registered, indicates that each individual PST is not leaking;
(d) the owner or operator has submitted a letter to the director stating that based on customary business inventory
practices standards there has been no release from the tank;
(e) the owner or operator has submitted a completed application according to a form provided and approved by the
director, and participates in the EAP or demonstrates that the financial assurance that will be used meets the requirements of
Subsection R311-206-2(1)(b) and Section R311-206-5;
(f) the owner or operator has met the requirements for the financial assurance mechanism chosen, including payment
of applicable fees;
(g) the owner or operator has submitted an as-built drawing, for newly-installed systems, that meets the requirements
of Subsection R311-200-1(2)(d) or a site plat, for existing systems, that meets the requirements of Subsection R311-200-
1(2)([ccc]jjj); and
(h) the owner or operator has, for newly-installed tanks, submitted the completed tank manufacturer's installation
checklist.

R311-206-4. Requirements for Environmental Assurance Program Participants.
(1) In accordance with Subsection 19-6-411(1)(a), the annual facility throughput rate, if reported, shall be reported to
the director as a specific number of gallons, based on the throughput for the previous calendar year.
(2) In accordance with Subsection 19-6-411(1)(b), when a petroleum storage tank is initially registered with the
director, any petroleum storage tank fee for that tank for the current fiscal year is due when the tank is brought into use, as a
requirement for receiving a certificate of compliance.
(3) In accordance with Subsection 19-6-411(2)(a)(i), if an installation company receives its annual permit after the
beginning of the fiscal year, the annual fee must be paid for the entire year.
(4) Auditing of PST facility throughput records.
(a) owners and operators must retain for seven years the monthly tank throughput records of the facility.
(b) tank throughput records shall include financial and product documentation for receipts, deliveries, transfers, and
inventories.
(c) the director may audit or commission an audit, by an independent auditor, of records which support the amount of
throughput, for each tank at a participant's facility.
(i) records must be made available at the department for inspection within 30 calendar days after receiving notice from
the director.
(ii) audits may be determined by random selection or for particular reasons, including suspicion or discovery of
inaccuracies in throughput reports, aggregating throughput reports, having a release, or filing a claim.
(iii) auditing tank throughput may be accomplished by any method approved by the director.
(iv) costs of an independent audit shall be paid by the owner or operator.
(5) Owners or operators eligible for participation in the EAP must demonstrate financial assurance for the difference
between coverage provided by the EAP and coverage amounts required by 40 CFR 280 Subpart H.
(a) if the owner or operator chooses self-insurance as the mechanism for demonstrating financial assurance for the
difference, they must document a tangible net worth of $10,000 upon request and to the satisfaction of the director.
(i) the director may require the owner or operator to submit an independent audit to demonstrate new worth for self-
insurance.
(A) the owner or operator will bear the expense for the audit.
(B) the criteria for an audit are the same as set forth in Subsection R311-206-4(4)(b).
(b) an owner or operator may also select and document another mechanism specified in 40 CFR 280.94 to demonstrate
financial assurance for the difference.
(c) the processing fee requirement referenced in Subsection R311-206-5(2) is not applicable because the administrative
cost is covered by the EAP fee.

R311-206-5. Requirements for Owners and Operators Demonstrating Financial Assurance by Other Methods.
(1) Owners and operators who elect to utilize an alternate form of financial assurance must meet the minimum
coverage amounts using one or a combination of mechanisms as outlined in 40 CFR 280.94.
(a) owners and operators must submit to the director the documents required by 40 CFR 280.111 to be kept and
maintained for the mechanism used.
(b) formats, calculations, letters, reporting, and record keeping shall be done in accordance with each applicable
financial assurance mechanism specified in 40 CFR 280 subpart H.
(c) if the financial assurance documentation submitted to the director is not in accordance with 40 CFR 280 subpart H,
it shall be rejected and shall be invalid.
(2) The processing fee established in Subsection 19-6-408(2) for each new or changed financial assurance document
submitted for approval shall be included with the financial assurance document and shall be payable to the Department.
(a) processing fees for subsequent reviews of financial assurance documents are due on July 1 of the fiscal year for
which the review is required.
(b) pursuant to 40 CFR 280.97, if the financial assurance mechanism is an insurance policy, the insurer is liable for
payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third party,
with right of reimbursement by the insured for such payment made by the insurer.
(i) this provision does not apply with respect to that amount of any deductible for which coverage is demonstrated
under another mechanism or combination of mechanisms as specified in 40 CFR 280.95 through 280.102 and 280.104 through
280.107.
(ii) a showing of financial assurance for the deductible, if such a showing is made, shall be treated as a separate
financial assurance mechanism subject to the processing fee requirement referenced in Subsection R311-206-5(2).
(c) if an owner or operator desires to make any material change to the financial assurance document, the change shall
be approved by the director, and an additional processing fee shall be paid in circumstances as determined by the director.
(3) Evidence of a current and approved financial assurance mechanism must be reported to the director as follows:
(a) owners and operators using the financial test of self-insurance must submit the "Letter from Chief Financial
Officer" to the director within the maximum 120-day period specified in 40 CFR 280.95.
(b) owners and operators using insurance and risk retention group coverage for financial assurance must submit the
coverage policy in its entirety, with the current Certificate of Insurance or Endorsement specified in 40 CFR 280.97(b), to the
director within 30 days of acceptance of such policy by the insurer or risk retention group.
(i) if the insurance policy or risk retention group coverage is canceled, the insurer or risk retention group shall provide
written notice of cancellation or other termination of coverage required by 40 CFR 280.97(b)(1)2.d. and 280.97(b)(2)2.d. to the
director as well as the insured.
(ii) the insurer must have a rating of A- or greater by A.M. Best Co.
(c) owners and operators using an irrevocable letter of credit must submit proof of the letter of credit, standby trust
fund, and formal certification of acknowledgement to the director within 30 days of issuance from the issuing institution.
(d) owners and operators using a fully funded trust fund for financial assurance must submit proof of the trust fund and
formal certification of acknowledgement to the director within 30 days after implementation of the trust fund.
(e) owners and operators using a guarantee for financial assurance shall submit the Guarantee document, standby trust
fund, and certification of acknowledgement to the director within 30 days of issuance.
(i) the owner or operator must also submit the guarantor's letter from the chief financial officer within the 120-day
period specified in 40 CFR 280.95.
(f) owners and operators using a surety bond for financial assurance must submit the surety bond document, standby
trust fund, and certification of acknowledgement to the director within 30 days of issuance.
(g) guarantees and surety bonds may be used as financial assurance mechanisms in Utah only if the requirement of 40
CFR Part 280.94(b) is met.
(h) owners and operators using one of the local government methods specified in 40 CFR 280.104 through 280.107
must submit the letter from the chief financial officer and associated documents to the director within 120 days of the end of the
owner, operator, or guarantor's fiscal year.
(4) The director may require reports of financial condition or any other information relative to justification of the
financial assurance mechanism from the owner or operator at any time.
(a) information requested must be reported to the director within 30 calendar days after receiving the request.
(b) owners and operators must maintain evidence of all financial assurance mechanisms as specified in 40 CFR
280.111.
(c) owners and operators must keep records of all financial assurance mechanisms in accordance with 40 CFR 280.111
and 280.113.
(d) the director may audit or commission an audit of records supporting the financial assurance mechanism at any time.
(i) audits may be determined by random selection or for specific reasons, including the occurrence of a release or
suspected release, deficiencies in complying with regulations or orders, or the suspicion or discovery of inaccuracies.
(ii) auditing of financial assurance methods may be accomplished by any method approved by the director.
(5) Any costs of securing a selected financial assurance mechanism and generating and providing the necessary
reporting evidence of an assurance mechanism to the director is the sole responsibility of the owner or operator.
(6) Processing of the alternate financial assurance mechanism documents may be accomplished utilizing any method
approved by the director.

R311-206-6. Voluntary Admission of Eligible Exempt Underground Petroleum Storage Tanks and Eligible Exempt
Aboveground Storage Tanks Containing Petroleum to the Environmental Assurance Program.
(1) Owners or operators of eligible exempt USTs specified in Subsection 19-6-415(1)(a) may voluntarily participate in
the EAP by:
(a) performing a site check in accordance with Rule R311-205;
(b) meeting the requirements of Subsections 19-6-428([3]2)(a), 19-6-415(1) and R311-206-3(1);
(c) properly performing release detection according to the requirements of 40 CFR Part 280 Subpart D; and
(d) meeting the upgrade requirements in 40 CFR 280.21 or the new tank requirements in 40 CFR 280.20, as applicable.
(2) Owners or operators of eligible exempt aboveground storage tanks containing petroleum may voluntarily
participate in the EAP by
(a) performing a site check in accordance with Rule R311-205; and
(b) meeting the requirements of Subsections 19-6-415(2) and 19-6-428([3]2)(a), and Sections R311-206-3 and R311-
206-4.

R311-206-7. Revocation and Lapsing of Certificates.
(1) The director shall revoke a certificate of compliance or registration if the director determines that the owner or
operator has willfully submitted a fraudulent application or is not in compliance with any requirement pertaining to the
certificate.
(2) A PST owner or operator who has had a certificate of compliance revoked under Section 19-6-414 or Subsection
R311-206-7(1) may have the certificate reissued by the director after the owner or operator demonstrates compliance with
Subsections 19-6-412(2), 19-6-428([3]2), and Section R311-206-3.
(3) A PST owner or operator who has had a certificate of compliance lapse under Subsection 19-6-408(5)(c) may have
the certificate reissued by the director after the owner or operator demonstrates compliance with Sections 19-6-412 and R311-
206-3.
(4) A PST owner or operator who has had eligibility to receive payments for claims against the fund lapse under
Subsection 19-6-411(3)(c)(ii) must:
(a) meet the requirements of Subsection 19-6-428([3]2); and
(b) pay fees, interest, and penalties due to reinstate eligibility.
(5) Upon permanent closure of a tank which is covered by the Petroleum Storage Tank Fund, the eligibility to make a
claim against the Petroleum Storage Tank Fund will terminate as specified in Section R311-207-2.
(a) permanently closed tanks are not eligible to be reissued a certificate of compliance.
(6) In accordance with Section 19-6-414, the director may revoke a certificate of compliance for the owner's or
operator's failure to comply with the following requirements as outlined in 40 CFR 280:
(a) release reporting;
(b) abatement;
(c) investigation;
(d) corrective action; or
(e) other measures to bring the release site under control.

R311-206-8. Delivery Prohibition.
(1) In accordance with Subsections 19-6-411(7) and 19-6-407(2)([d]g)(ii), the director shall authorize the placement of
a delivery prohibition tag identifying a tank:
(a) for which the certificate of compliance has been revoked in accordance with Section 19-6-414;
(b) for which the certificate of compliance has lapsed for non-payment of fees in accordance with Subsection 19-6-
408(5);
(c) that has never qualified for a certificate of compliance, and is not a new installation under Subsection R311-206-
8(1)(d); or
(d) that is a new installation, and has not been issued a certificate of compliance.
(2) For USTs, in accordance with Subsection 19-6-403(1)(b)(i), the director shall authorize the placement of a delivery
prohibition tag to be placed on the UST as soon as practicable after the determination is made that a tank does not have:
(a) spill prevention equipment required under 40 CFR 280.20(c) or 280.21(d);
(b) overfill prevention equipment required under 40 CFR 280.20(c) or 280.21(d);
(c) equipment required for tank or piping leak detection in accordance with 40 CFR 280 Subpart D; or
(d) equipment required for tank or piping corrosion protection in accordance with 40 CFR 280 Subpart B or C.
(3) For APSTs, out of service after May 5, 2021, the director shall authorize the placement of a delivery prohibition tag
as soon as practicable.
(4) For PSTs, the director shall authorize the placement of a delivery prohibition tag to be placed on the PST as soon as
practicable after the determination that a release from a PST is ongoing. The determination may be made by:
(a) failed tests as defined by "PST Testing" in R311-200-1([ss]zz); or
(b) visual presence, odors, inventory loss, or otherwise apparent contamination of environmental media.
(5) The delivery prohibition tag shall be placed on the tank fill or in a visible location near the tank fill.
(6) A person who delivers or accepts delivery of a regulated substance or petroleum into a tank marked with a delivery
prohibition tag shall be subject to the penalties outlined in Section 19-6-416, unless authorized under Subsection R311-206-8(8).
(7) The director may issue written approval for a delivery of petroleum to:
(a) provide ballast for a new tank during installation, or
(b) allow for the tank tightness test required under Section 19-6-413.
(8) The delivery prohibition tag must remain in place until the director issues:
(a) for tanks that have a tag in place in accordance with Subsection R311-206-8(1):
(i) a new certificate of compliance for the tank; and
(ii) written authorization to remove the delivery prohibition tag; or
(b) for tanks that have a tag in place in accordance with Subsection R311-206-8(2):
(i) written authorization to remove the delivery prohibition tag.
(9) If a delivery prohibition tag is removed without the authorization specified in Subsection R311-206-8(8)(a)(ii) or
R311-206-8(8)(b)(i), the PST owner or operator is subject to:
(a) a re-inspection and any applicable fees; and
(b) placement of a new delivery prohibition tag on the tank.

R311-206-9. Removing Participating Tanks from the Environmental Assurance Program.
(1) Owners and operators of PSTs who have voluntarily elected to participate in the EAP may cease participation in
the EAP and be exempted from the requirements described in Section R311-206-4 by:
(a) permanently closing tanks as outlined in 40 CFR 280, subpart G and Rules R311-204 and R311-205; or
(b) meeting the following requirements:
(i) demonstrating compliance with Section R311-206-5; and
(ii) notifying the director in writing at least 30 days before the date of cessation of participation in the EAP, and
specifying the date of cessation.
(A) the director may waive the 30-day requirement if the owner or operator has already documented current financial
assurance under Section R311-206-5 for other petroleum storage tanks owned or operated by the owner or operator.
(B) the date of cessation of participation in the EAP may occur after the date designated in Subsection R311-206-
9(1)(b)(ii) if the owner or operator does not document compliance with Section R311-206-5 by the date originally designated.
(2) pro rata refunds will not be given.
(3) For tanks being removed voluntarily from the EAP, the date of cessation of participation in the EAP shall be the
date on which coverage under the EAP ends.
(a) subsequent claims for payments from the Petroleum Storage Tank Fund must be made in accordance with Sections
19-6-424 and R311-207-2.
(4) For any facility that participates in the EAP and is sold to a company with facilities that do not participate in the
EAP, the date of termination of coverage is the closing date for the real estate transaction.
(a) the purchaser shall provide documentation of the closing date to the director within 30 days of closing.

R311-206-10. Participation in the Environmental Assurance Program After a Period of Non-participation.
(1) Owners and operators not participating in the EAP must, before any subsequent participation in the EAP, meet the
following requirements:
(a) notify the director of the intent to participate in the EAP;
(b) comply with the requirements of Subsection 19-6-428([3]2); and
(c) meet the requirements of Section R311-206-3 to qualify for a new certificate of compliance.

R311-206-11. Environmental Assurance Fee Rebate.
(1) To meet the requirements of Subsection 19-6-410.5(5)(d), for each UST Facility participating in the EAP, a risk
value will be calculated according to the "Environmental Assurance Program Risk Factor Table and Calculation," which is
incorporated by reference.
(a) the table, dated June 2, 2014, contains risk factors and the formula for risk value calculation.
(2) The risk value for each facility participating in the EAP shall be:
(a) calculated on a facility basis;
(b) valid for the calendar year;
(c) based on the facility characteristics as of December 15 of the prior calendar year; and
(d) determined, at sites with mixed equipment, by considering the highest risk-valued petroleum storage tank system
component for each risk factor.
(3) To qualify as secondarily contained for purposes of risk calculation, tanks shall:
(a) meet the requirements for secondary containment in 40 CFR 280.20; and
(b) meet one of the following:
(i) use an interstitial sensor and documentation of monthly interstitial monitoring; or
(ii) documentation of monthly visual checks of a brine-filled interstitial space.
(4) To qualify as secondarily contained for purposes of risk calculation, piping shall:
(a) meet the requirements for secondary containment outlined in 40 CFR 280.20; and
(b) meet one of the following:
(i) maintain monthly records of monitoring of the interstice by vacuum, pressure, or liquid filled interstitial space, or
(ii) use an interstitial monitoring method not listed in Subsection R311-206-11(4)(b)(i).
(5) To qualify as secondarily contained for purposes of risk calculation, piping containment sumps, and under-
dispenser containment shall be double-walled with monthly documentation of monitoring of the space between the walls.
(6) Each facility that participates in the EAP may be eligible for a rebate of a portion of the Environmental Assurance
Fee according to the rebate schedule in "Environmental Assurance Fee Rebate Table," dated June 2, 2014, which is incorporated
by reference.
(7) A facility that begins participation in the EAP after January 1 of a calendar year shall have its risk value calculated
for that year based on the risk factors in place at the facility on the date the facility begins participation in the EAP.
(8) The Environmental Assurance Fee rebate does not apply to APSTs until July 1, 2026 as per Subsections 19-6-
410.5(5)(d) and 19-6-410.5(5)(e).

KEY: petroleum, underground storage tanks
Date of Last Change: [July 12, 2024]2025
Notice of Continuation: March 8, 2022
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-403; 19-6-410.5; 19-6-428

R311. Environmental Quality, Environmental Response and Remediation.
R311-207. Accessing the Petroleum Storage Tank Fund for Leaking Petroleum Storage Tanks.
R311-207-1. Definitions.
Definitions are found in Rule R311-200.

R311-207-2. Notification of Intent and Eligibility to Claim Against the Petroleum Storage Tank Fund.
(1) Any responsible party who is making any claim against the Petroleum Storage Tank Fund must:
(a) have previously satisfied the requirements of Subsection R311-206-3(1);
(b) have a valid certificate of compliance at the time of product release by the covered PST; and
(c) meet the requirements of Section 19-6-424.
(2) Except as provided in Subsection R311-207-2(3), a responsible party eligible to receive payments in accordance
with Section 19-6-419 must submit to the director a written eligibility application to make a claim against the Fund:
(a) during a period for which that tank was covered by the Fund;
(b) within one year after that Fund-covered tank is closed;
(c) within six months after the end of the period during which the tank was covered by the Fund; or
(d) before the responsible party expends any amount over their share in eligible costs, whichever is sooner.
(3) For eligible releases that are discovered and reported to the director after July 1, 1994, the responsible party shall
spend the first $10,000 in eligible costs as determined by the director.
(4) For eligible releases that are discovered before July 1, 1994, the responsible party shall spend the first $25,000 in
eligible costs as determined by the director.
(5) Owners and operators of facilities who participate in the EAP after July 1, 2021 without performing a site check:
(a) for new releases, the responsible party shall spend the first $10,000 in eligible costs as determined by the director
and will be covered at 100%.
(b) for historic contamination, the responsible party shall spend the first $10,000 in eligible costs as determined by the
director and will have release coverage percentages as set forth in Subsection 19-6-428([3]2).
(6) A completed eligibility application form submitted by the responsible party requesting coverage, within the time
frames specified in Subsection R311-207-2(2), shall constitute a claim against the Fund in accordance with Section 19-6-424.
(7) The responsible party's share of eligible costs remains the same, regardless of the number of responsible parties
who are associated with a release and covered by the Fund.
(a) only one responsible party can claim against the Fund per release in accordance with Section 19-6-419.
(8) When a facility has an open release and a subsequent Fund eligible release occurs at that facility, the Fund
allowable coverage for the subsequent release will be limited to the amount required to investigate and remediate the subsequent
release up to the maximum allowable under Section 19-6-419.
(a) additional Fund monies cannot be obtained for the investigation and remediation of the original release through the
coverage of a subsequent release.
(b) the director shall determine the allowable coverage for a subsequent release.
(9) The maximum coverage allowed in Section 19-6-419 for a series of releases cannot be aggregated to provide
additional reimbursement over the maximum for any release included in the series.
(10) When the director has made a determination that the clean up standards established for the site pursuant to Section
R311-211-5 have been achieved for a release, the release shall receive a "No Further Action" status.

R311-207-3. Prerequisites for Submission of Requests for Reimbursement of Claims Against the Petroleum Storage Tank
Fund.
(1) Upon making a claim for coverage under the Petroleum Storage Tank Fund, and after receiving notice from the
director of eligibility to claim against the Fund, the responsible party shall meet compliance time tables issued by the director.
(2) For allowable costs to be covered by the Fund, the director must approve work plans, corrective action plans, and
associated budgets before a responsible party initiates any work, except as allowed by Subsections 19-6-420(3)(b) and 19-6-
420(6).
(a) work plans must include a budget for the work.
(i) budgets must be in compliance with Subsection R311-207-4(8).
(ii) budgets must include proposed costs in an itemized format as described in Subsections R311-207-4(1) through
R311-207-4(5).
(3) Before performing work eligible for reimbursement by the Fund, the consultant must have a Statement of
Qualification approved by the director.
(a) the initial Statement of Qualification submittal shall include information about the qualifications of certified PST
consultants and other persons who will be performing investigation or corrective action activities in accordance with the work
plans.
(b) the Statement of Qualification shall include at least three letters of reference from entities that have retained the
services of the consultant, and shall document that:
(i) the consultant and other key personnel are of good character and reputation regarding such matters as control of
costs, quality of work, ability to meet deadlines, and technical competence;
(ii) the consultant and other key personnel have completed applicable Occupational Safety and Health Agency-
approved safety training and any other applicable safety training, as required by federal and state law; and
(iii) the consultant carries the following insurance:
(A) Commercial General Liability Insurance or Comprehensive General Liability Insurance, including coverage for
premises and operation, explosion, collapse and underground hazards, products and completed operations, contractual, personal
injury and death, and catastrophic, with limits of $1,000,000 minimum per occurrence, $2,000,000 minimum general aggregate,
and $2,000,000 minimum products or completed operations aggregate;
(B) Comprehensive Automobile Liability Insurance, with limits of $1,000,000 minimum and $2,000,000 aggregate;
and
(C) Workers' Compensation and Employers' Liability Insurance, as required by applicable state law.
(c) the Statement of Qualification must be updated annually in January, and shall be approved by the director for a
period of one year.
(i) the update shall include changes in personnel and current documentation of compliance with Subsections R311-
207-3(3)(a) and R311-207-3(3)(b).
(4) Work plans must include the Fund Work Plan Approval Application and Agreement form documenting the
claimant's contract with any proposed consultant or other person performing remedial action.
(a) information provided on that form shall demonstrate that the claimant's contract has met the following
requirements:
(i) the contract shall be with the consultant and specify the certified PST consultant and other key personnel for which
qualifications are submitted under Subsection R311-207-3(3);
(ii) the contract shall require a 100% payment bond through a United States Treasury-listed bonding company, or other
equivalent assurance;
(iii) the consultant shall have no cause of action against the state for payment;
(iv) the contract will specify a subcontracting method consistent with the requirements of Rule R311-207;
(v) the contract shall require, and include documentation that the consultant carries, the insurance specified in
Subsection R311-207-3(3)(b)(iii);
(vi) payment under the contract shall be limited to amounts that are customary, legitimate, and reasonable;
(vii) the contract shall include a provision indicating that the State of Utah is not a party to the contract, unless the
State of Utah is a responsible party; and
(viii) any other requirements specified by the director.
(5) Work plans shall address any additional requirements outlined in 40 CFR 280, Subparts E and F.
(6) The director may waive specific requirements of Rule R311-207 if the director determines there is good cause for a
waiver, and that public health and the environment will be protected.
(a) the director may also consider, in determining whether to grant a waiver, the extent to which the financial
soundness of the Fund will be affected.
(7) Once the responsible party's share of eligible costs has been spent in accordance with Section 19-6-419, the director
shall review and approve or disapprove work plans and the corrective action plan and associated budgets.
(8) A request for time and material reimbursement from the Fund must be received by the director within one year
from the date the included work was performed or reimbursement shall be denied.
(a) if there are any deficiencies in the request, the claimant has 90 days from the date of notification of the deficiency
to correct the deficiency or the amount of the deficient items shall not be reimbursed.
(b) if a release was initially denied eligibility and is subsequently found to be eligible:
(i) work conducted before the determination of eligibility is not subject to the one-year requirement; and
(ii) work conducted after the determination of eligibility is subject to the one-year requirement.
(9) The request for final reimbursement from the Fund must be received by the director within one year from the date
of the "No Further Action" letter issued by the director or reimbursement shall be denied.
(a) if a release is re-opened as provided for in the "No Further Action" letter, payments from the Fund may be resumed
when approved by the director.
(10) For costs incurred by a consultant hired by a third party pursuant to Subsection 19-6-409(2)(e):
(a) the director must approve work plans and associated budgets before the consultant initiates any work; and
(b) the contract with the consultant shall comply with Subsection R311-207-3(4).

R311-207-4. Submission Requirements for Requests for Reimbursement of Claims Against the Petroleum Storage Tank
Fund.
(1) To receive payment from the Petroleum Storage Tank Fund, a claimant must submit a request for reimbursement to
the director.
(2) The request for reimbursement must be on the form provided by the director.
(a) the form must be properly completed and signed by the claimant and include invoices and other appropriate
documentation.
(3) Reimbursement will be on a time and material basis as approved in advance by the director.
(4) Costs for time and material reimbursement must be itemized at a minimum to show the following:
(a) amounts allocated to each approved work plan budget;
(b) employee name, date of work, task or description of work, labor cost and the number of hours spent on each task;
(c) sampling, reporting, and laboratory analysis costs;
(d) equipment rental and materials;
(e) utilities;
(f) other direct costs; and
(g) other items as determined by the director.
(5) Itemized expenses must state the full name and address of the company or contractor providing materials or
performing services.
(6) Expenses for time and material reimbursement shall be documented on a monthly basis, or as otherwise directed by
the director, with a copy of the original bill provided to the director by the claimant.
(a) the claimant shall provide documentation that claimed costs and associated work were reasonable, customary, and
legitimate in accordance with Section R311-207-5 and Subsection R311-207-4(8).
(7) For time and material reimbursement, before receiving payment under Section 19-6-419, the claimant must provide
proof of past payments for services or construction rendered, in a form acceptable to, or as directed by, the director, unless the
director has agreed to other arrangements.
(a) the responsible party remains primarily liable, however, for costs incurred and should obtain lien releases from the
company or contractor providing material or performing services.
(8) For time and material reimbursement, documentation of expenses for construction or other services provided by a
subcontractor retained by a consultant or contractor must include one or more of the following items:
(a) a minimum of three competitive bids by responsive bidders. For a bid to be competitive:
(i) two of the bids must be from bidders who are not related parties;
(ii) bids must be submitted on the appropriate standardized Bid Summary form in accordance with the "Cost
Guidelines for Underground Storage Tank Sites" document dated June 3, 2021, which is incorporated by reference;
(iii) the bid specifications shall contain a clear and accurate description of the technical requirements for the material,
product or service and shall not contain features which unduly restrict competition; and
(iv) the bid specifications shall include a statement of the qualitative nature of the material, product or service to be
procured, and, when necessary shall set forth those minimum essential characteristics.
(b) sole source justification; or
(c) other documentation as required or requested by the director to document expenses are reasonable, customary, and
legitimate.
(9) In accordance with Section 19-6-420, the director may not authorize payment from the Fund for services provided
by consultants, contractors, or subcontractors which are not in compliance with the requirements of Rule R311-207 or any other
applicable federal, state, or local law.
(10) Any third party claims brought against the responsible party or any occurrence likely to result in third party claims
against the responsible party as a result of the release must be immediately reported to the State Risk Manager and to the director.

R311-207-5. Customary, Reasonable and Legitimate Expenses.
(1) Costs claimed by the claimant in accordance with Subsection 19-6-419(1) must be customary, reasonable, and
legitimate, and must be expended for customary, reasonable, and legitimate work, as determined by the director.
(2) The director may determine the amount of Fund monies that will be reimbursed to a claimant for items such as
labor, equipment, services, and tasks established according to Section R311-207-7, the Cost Guidelines document, or such other
methods that are applicable to the item or task.
(3) As conditions require, costs of the following activities may be considered to be customary, reasonable, and
legitimate:
(a) performing abatement;
(b) investigation;
(c) site assessment;
(d) monitoring;
(e) corrective action activities;
(f) providing alternative drinking water supplies; and
(g) settling or otherwise resolving third party damage claims and settlements in accordance with Section 19-6-422.
(4) If a claim that does not comply with the requirements of Rule R311-207 or the Cost Guidelines is returned by the
director to a claimant or consultant for correction, the claimant or consultant shall not claim for reimbursement the costs
expended to correct and re-submit the claim.
(5) The Fund may reimburse a responsible party or other eligible claimant for the use or purchase of the consultant's
originally designed and manufactured equipment provided the cost is customary, reasonable, and legitimate as determined by the
director.
(a) the rate of reimbursement shall not exceed the consultant's direct labor hours for manufacturing at specified fixed
hourly rates and the materials at cost to the consultant. Material costs shall include:
(i) adjustments for available discounts;
(ii) refunds;
(iii) rebates;
(iv) allowances which the consultant reasonably should take under the circumstances; and
(v) credits for proceeds the consultant received or should have received from salvage and material returned to
suppliers.
(b) in no event shall the price paid by the Fund exceed the sales price of comparable equipment available to other
customers through the consultant or through another source.
(c) the consultant's claimed direct labor hours for manufacturing and costs shall be documented through time sheets,
original invoices, or other documents acceptable to the director.
(d) no reimbursement will be made for labor hours and costs associated with development, patenting, or marketing.
(6) The director may audit or commission an audit of records supporting request for reimbursement or payment at any
time.
(a) audits may be determined by random selection or for specific reasons, including the suspicion or discovery of
inaccuracies, or deficiencies in complying with regulations.

R311-207-6. Subrogation.
(1) When the state makes a payment from the Petroleum Storage Tank Fund, the state has the right to sue or take other
action as may be necessary and appropriate to recover the amount of payment from any third party who may be held responsible.
(a) the claimant who receives payment from the Fund must execute and deliver the necessary documents and cooperate
as necessary to preserve the state's rights and do nothing to prejudice them.

R311-207-7. Consultant Personnel Classifications, Requirements, Rates, Tasks, and Responsibilities.
(1) Consultants must assign to one of the categories identified in the Cost Guidelines, any service time for an
individual that is billed to a claimant or directly to the Fund and for which reimbursement is claimed.
(a) by submitting a claim for reimbursement for a labor category, the consultant warrants that the person so claimed
meets the described education, skills, and experience.
(2) Materials, equipment, and services will be reimbursed in accordance with the Cost Guidelines.
(3) Costs not identified in the Cost Guidelines must be customary, reasonable, and legitimate, and must be expended
for customary, reasonable, and legitimate work, as determined by the director.

R311-207-8. Third Party Claims Apportionment.
(1) To prioritize payments from the Petroleum Storage Tank Fund as required by Subsection 19-6-419(7)(a), the
director may utilize budget projections to allocate coverage available for the payment of third party claims before a determination
that corrective action has been properly performed and completed.
(a) the director may amend budget projections as frequently as deemed appropriate.
(2) Costs among third party claimants shall be apportioned after the responsible party has agreed to the settlement and
the State Risk Manager has approved the settlement.
(3) Apportionment and priority shall be based on the order in which an approved and agreed upon claim is received by
the director.

R311-207-9. Consultants Hired by Third Parties.
(1) A certified PST consultant hired by a third party under Subsection 19-6-409(2)(e) must:
(a) have an approved Petroleum Storage Tank Fund Statement of Qualification in accordance with Subsection R311-
207-3(3); and
(b) charge labor rates in accordance with Section R311-207-7.
(2) To ensure compliance with Subsection 19-6-409(4)(a)(ii), one consultant shall be designated by all known third
parties claiming injury or damage from a release.
(a) the designation shall be made in writing to the director.
(3) For the claimant to be eligible to receive payments from the Fund under Subsection 19-6-409(2)(e):
(a) work plans and budgets must be pre-approved by the director in accordance with Subsection R311-207-3(10);
(b) the consultant must comply with Sections R311-207-4 and R311-207-5; and
(c) requests for reimbursement from the Fund shall be made in accordance with Subsections R311-207-3(8) and R311-
207-3(9).

KEY: financial responsibility, petroleum, underground storage tanks
Date of Last Change: July 15, 2022
Notice of Continuation: March 8, 2022
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-403; 19-6-409; 19-6-419

R311. Environmental Quality, Environmental Response and Remediation.
R311-212. Administration of the Petroleum Storage Tank Fund Loan Program.
R311-212-1. Definitions.
Definitions are found in Rule R311-200.

R311-212-2. Declaration of Loan Application Periods, and Loan Application Submittal.
(1) Application for a loan must be made on forms incorporated in Section R311-212-10, in accordance with Subsection
19-6-409(9).
(a) loan applications will be accepted during application periods designated by the director.
(2) At least one application period shall be designated each calendar year if, on January 1:
(a) the current balance due for outstanding loans is less than 25% of the cash balance of the Petroleum Storage Tank
Fund; and
(b) the cash balance of the Fund exceeds $10,000,000.
(3) If the requirements of Subsections R311-212-2(2)(a) and R311-212-2(2)(b) are not met on January 1, but are met at
a later time in the calendar year, the director may designate an application period.
(4) An open application period will close if:
(a) the current balance due for outstanding loans exceeds 25% of the cash balance of the Fund; or
(b) the cash balance of the Fund is less than $10,000,000.
(5) If an open application period closes as required by Subsection R311-212-2(4), loan applications currently under
review when the application period closes may be renewed when a new application period opens, unless the applicant must re-
apply as required by Subsection R311-212-5(1).
(6) Applications must be received by the director by 5 p.m. on the last day of the application period.
(7) Loan applications received outside the application period will be invalid.

R311-212-3. Eligibility Review.
(1) The director shall determine if the applicant meets the eligibility criteria stated in Subsections 19-6-409(5) through
19-6-409(8).
(2) To meet the eligibility requirements of Subsection 19-6-409(6) the applicant must, for facilities for which the
applicant requests a loan:
(a) demonstrate current compliance with all state PST and federal UST laws, rules and regulations, including
compliance with requirements for remediation of facilities with leaking [U]PSTs; or
(b) must be able to achieve compliance with the loan proceeds.
(3) To meet the eligibility requirements of Subsection 19-6-409(6) the applicant must meet the following for facilities
owned or operated by the applicant for which the applicant does not request a loan:
(a) the applicant has demonstrated current compliance with all state PST and federal UST laws, rules and regulations,
including compliance with requirements for remediation of facilities with leaking [U]PSTs;
(b) regulated [U]PSTs owned by the applicant have met the requirements of Subsection 19-6-412(2) and have a current
certificate of compliance;
(c) the applicant has paid PST registration fees, interest, and penalties which have been assessed; and
(d) the applicant has paid applicable petroleum storage tank fees, interest, and penalties which have been assessed.
(4) To meet the requirements of Subsection 19-6-409(5), the loan request must be for:
(a) upgrading [U]PSTs;
(b) replacing [U]PSTs; or
(c) permanently closing petroleum [U]PSTs.
(5) if an applicant requests a loan for closing [U]PSTs which will be replaced by [aboveground]storage tanks that are
not regulated under the Petroleum Storage Tank Act, the loan, if approved, will be only for closing the [U]PSTs.
(a) the security pledged by the applicant for a loan to replace [U]PSTs with [aboveground]storage tanks that are not
regulated under the Petroleum Storage Tank Act will be subject to the limitations in Section R311-212-6.

R311-212-4. Prioritization of Loan Applications.
(1) When determined by the director to be necessary, applications received during a designated application period shall
be prioritized by total points assigned.
(a) ten points shall be given for each item that applies to the applicant or the facility for which the loan is requested:
(i) the applicant has less than $1,000,000 annual gross income and fewer than five full-time employee equivalents and
is not owned or operated by any person not meeting the income and employee criteria.
(ii) the applicant's income is derived solely from operations at [U]PST facilities.
(iii) the applicant owns or operates no more than two facilities.
(iv) the facility is located in a U.S. Census Bureau population unit containing fewer than 5,000 people.
(v) there are no more than three operating retail outlets selling motor fuel within 15 miles road distance in all
directions.
(vi) loan proceeds will be used solely for replacing or upgrading petroleum [U]PSTs.
(vii) [U]PSTs at the facility are greater than 15 years old.
(b) one point shall be given for each road mile of distance from the facility to the nearest operating retail outlet selling
motor fuel, to a maximum of 30 points.
(2) Applications which receive the same number of points shall be sub-prioritized according to the date postmarked or
the date delivered to the director by any other method.
(3) Applications shall remain in priority order regardless of availability of funds until a new application period is
declared.
(a) when a new application period begins, priority order of applications which have not been reviewed terminates.
(4) An applicant whose application has not been reviewed or an applicant whose application has not been approved
because the applicant has not satisfied the requirements of Subsections 19-6-409(5) through 19-6-409(8), loses eligibility to apply
for a loan and must submit a new application in the subsequent period to be considered for a loan in that period.

R311-212-5. Loan Application Review.
(1) The applicant shall ensure that the loan application is complete.
(a) the completed application with supporting documents must contain information required by the application.
(2) If the applicant does not submit a complete application within 60 days of eligibility approval, the applicant's
eligibility approval shall be forfeited, and the applicant must re-apply.
(3) Costs incurred in processing the application shall be the responsibility of and paid for by the applicant including:
(a) appraisals;
(b) title reports; or
(c) UCC-1 releases.
(i) the director may require payment of costs in advance.
(ii) the director shall not reimburse costs which have been expended, even if the loan fails to close, regardless of the
reason.
(4) The review and approval of the application shall be based on information provided by the applicant, and:
(a) review of any records and documents on file;
(b) verification of any information provided by the applicant;
(c) review of credit worthiness and security pledged; and
(d) review of a site construction work plan.
(5) The applicant must close the loan within 30 days after the director conveys the loan documents for the applicant's
signature.
(a) if the applicant fails to close the loan within this time period, the approval is forfeited and the applicant must re-
apply.
(b) an exception to the 30-day period may be granted by the director if the closing is delayed due to circumstances
beyond the applicant's control.

R311-212-6. Security for Loans.
(1) When an applicant applies for a loan of greater than $30,000, the applicant must pledge for security personal or real
property which meets or exceeds the following criteria:
(a) the loan amount may not be greater than 80% of the value of the applicant's equity in the security for cases where
the Department obtains a first mortgage position; or
(b) the loan amount may not be greater than 60% of the value of the applicant's equity in the security for cases where
the Department obtains a second mortgage position.
(2) The applicant shall provide acceptable documentation of the value of the property to be used as security using:
(a) a current written appraisal, performed by a State of Utah certified appraiser;
(b) a current county tax assessment notice; or
(c) other documentation acceptable to the director.
(3) A title report on all real property and a UCC-1 clearance on all personal property used as security shall be
submitted to the director by a title company or appropriate professional person approved by the director.
(4) When the title report indicates an existing lien or encumbrance on real property to be used as security, the existing
lien holders may subordinate their interest in favor of the Department.
(a) the director will accept no less than a second mortgage position on real property pledged for loan security.
(5) When a corporation seeks a loan, its principals must guarantee the loan personally.
(6) The applicant must provide a complete financial statement with cash flow projections for debt service.
(7) [Aboveground s]Storage tanks that are not regulated under the Petroleum Storage Tank Act and real property on
which they are located will not be acceptable as security.
(8) [U]PSTs and the real property on which they are located will not be acceptable as security unless:
(a) the [U]PST facility offered for security has not had a petroleum release which has not been properly remediated;
and
(b) the applicant provides documentation to demonstrate the [U]PST facility is currently in compliance with the loan
eligibility requirements set forth in Section R311-212-3.
(9) If a loan is made without security, the maximum loan repayment period will be seven years.

R311-212-7. Procedure for Making Loans.
(1) Loan funds shall be obligated after documents to secure a loan are complete, processed, and appropriately signed
by the applicant and the director.
(2) The director may approve a borrower's request for one initial disbursement of loan proceeds to the borrower after
the loan is closed, and before work begins.
(a) the initial disbursement shall be for the lesser of 40% of the approved loan amount or the amount required by the
borrower's contractor as an initial payment before work is done.
(b) disbursement of the remaining loan proceeds, or disbursement of the entire loan proceeds if no initial disbursement
is made, shall be made after work at the site is completed, and paperwork and notifications have been received by the director.
(i) if an initial loan disbursement is made, the borrower shall begin work on the project no later than 60 days, or
another time period approved by the director, following the initial disbursement.
(ii) disbursement of the remaining loan proceeds shall be made no later than 180 days, or another time period approved
by the director, following the initial disbursement.
(c) if work is not initiated or completed within the time periods established in Subsection R311-212-7(2)(a), the loan
balance must be paid within 30 days of notice provided by the director.
(3) Loan proceeds may not be used to pay [U]PUST registration fees, penalties, or interest assessed under Section 19-
6-408 or petroleum storage tank fees, penalties, or interest assessed under Section 19-6-411.
(4) Loans shall not be made for work which is performed before the applicant's loan application is approved and the
loan is closed.

R311-212-8. Servicing the Loans.
(1) The director shall establish a repayment schedule for each loan based on the financial situation and income
circumstances of the borrower and the term of loans allowed by Subsection 19-6-409(8)(b)(ii).
(2) Loans shall be amortized with equal payment amounts and payments shall be of such amount to pay interest and
principal in full.
(a) the initial installment payment shall be due on a date established by the director.
(b) subsequent installment payments shall be due on the first day of each month.
(i) a notice of payment and due date shall be sent for each subsequent payment.
(c) non-receipt of the statement of account or notice of payment shall not be a defense for non-payment or late
payment.
(3) The director shall apply loan payments received first to penalty, next to interest, and then to principal.
(4) Loan payments may be made in advance, and the remaining principal balance of the loan may be paid in full at any
time without penalty.
(5) Notices of late payment penalty assessed with amounts of penalty and the total payment due shall be sent to the
borrower.
(6) The penalty for late loan payments shall be 10% of the payment due.
(a) the penalty shall be assessed and payable on payments received by the director more than five days after the due
date.
(b) a penalty shall be assessed only once on a given late payment.
(7) Payments are considered received the day of the U.S. Postal Service postmark date or receipt date for payments
delivered to the director by methods other than the U.S. Postal Service.
(8) If a loan payment check is returned due to insufficient funds, a service charge in the amount allowed by law shall
be added to the payment amount due.
(9) Notice of loans paid in full shall be sent after penalties, interest, and principal have been paid.
(10) Releases of the director's interest in security shall be prepared and sent to the borrower or filed for public notice as
applicable.

R311-212-9. Recovering on Defaulted Loans.
(1) Loans may be considered in default when:
(a) two consecutive payments are past due by 30 days or more;
(b) when the applicant's ability to receive payments for claims against the Fund lapses; or
(c) if the certificate of compliance lapses or is revoked.
(2) Lapsing under Subsection R311-206-7(5) will not be considered as grounds for default for [U]PSTs which are
permanently closed.
(3) The director may declare the full amount of the defaulted loan, penalty, and interest immediately due.
(4) The director need not give notice of default before declaring the full amount due and payable.
(5) The borrower is liable for attorney's fees and collection costs for defaulted loans whether incurred before or after
court action.

R311-212-10. Forms.
(1) The forms dated and listed in this section, on file with the Department, are incorporated by reference as part of
Rule R311-212, and shall be used by the director for making loans.
(a) Loan Application version[7/14/16]7/31/25
(b) Balance Sheet version 7/29/14
(c) Loan Agreement version[7/29/14]7/31/25
(d) Corporate Authorization version 7/29/14
(e) Promissory Note version 7/29/14
(f) Extension and Modification of Promissory Note Agreement version 7/29/14
(g) Security Agreement version 7/29/14
(h) Hypothecation Agreement version 7/29/14
(i) General Pledge Agreement version 7/29/14
(j) Assignment version 7/29/14
(k) Assignment of Account version 7/29/14
(l) Trust Deed version [7/29/14]7/31/25
(m) Trust Deed Note version 7/29/14
(n) Extension and Modification of Trust Deed Note Agreement version 7/29/14
(2) The director may require or allow the use of other forms that are consistent with these rules as necessary for the
loan approval process.
(3) The director may change these forms for administrative purposes provided the revised forms remain consistent
with the substantive provisions of the adopted forms.

R311-212-11. Rules in Effect.
(1) The rules in effect on the closing date of the loan and the forms signed by the parties shall govern the parties.

KEY: hazardous substances, petroleum, underground storage tanks
Date of Last Change: [July 15, 2022]2025
Notice of Continuation: March 8, 2022
Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-403; 19-6-409