The Division of Environmental Response and Remediation (DERR) is proposing changes to the Utah underground storage tank (UST) rules to modify the requirements for third-party individuals who act as a Class B operator.
Beginning January 1, 2012 all facilities that have underground storage tanks will be required to have Class A, B, and C operators trained and registered. Some facility owners and operators plan to contract with third parties to carry out the required functions of the Class B operator. The current rules require that individuals who contract to act as third-party Class B operators for UST owners must also be certified UST inspectors. The proposed changes will remove the inspector certification requirement and will allow individuals to be eligible to become third party Class B operators if they: 1) are certified as a general UST installer or installer technician, or 2) complete the UST inspector training and document acceptable financial responsibility. Individuals who meet requirement 1 or 2 must also take the Class B operator training course, pass the exam, and register with the DERR as a Class B operator.
On November 10, 2011 the Utah Solid and Hazardous Waste Control Board approved the proposed amendments for publication and public comment. The rule to be amended is R311-201, Underground Storage Tanks: Certification Programs and UST Operator Training.
The text of the proposed changes can be viewed or downloaded here. In the rule text document, wording to be added to the rule is underlined, and wording to be removed from the rule is struck out.
A copy of the proposed changes is also available at the DERR office, 195 North 1950 West, Salt Lake City, Utah, or may be requested by contacting Gary Astin at (801) 536-4103 or email@example.com.
A public hearing to receive comments on the proposed changes will be held at 1:30 pm on Tuesday, December 20, 2011, at the Utah Department of Environmental Quality, Multi-Agency State Office Building, Room 1015, 195 North 1950 West, Salt Lake City, Utah.
In compliance with the Americans With Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Brooke Baker, Office of Human Resources, at (801) 536-4412 (TDD 536-4414).
Written comments on the proposed rule changes will be accepted from Thursday, December 1, 2011, until 5:00 pm on Tuesday, January 3, 2012. Please submit comments to:
Brent H. Everett, Executive Secretary (UST)
Utah Solid and Hazardous Waste Control Board
PO Box 144840
Salt Lake City, Utah 84114-4840
Summary of the proposed changes:
R311-201-2, Certification Requirement. Modifies the requirement for inspections to be performed by an UST inspector, to refer directly to the statutory authorization.
R311-201-12, UST Operator Training and Registration. Specifies requirements for third party individuals who will act as third-party Class B operators.