H.B. 50

1

UNDERGROUND STORAGE TANK AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Sylvia S. Andersen
5 Senate Sponsor: Wayne L. Niederhauser
6
7 LONG TITLE
8 Committee Note:
9 The Natural Resources, Agriculture, and Environment Interim Committee
10 recommended this bill.
11 General Description:
12 This bill amends the Underground Storage Tank Act.
13 Highlighted Provisions:
14 This bill:
15 . amends references to federal statutes regulating underground storage tanks; and
16 . makes technical corrections.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 19-6-403, as last amended by Laws of Utah 1997, Chapter 172
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 19-6-403 is amended to read:
27 19-6-403. Powers and duties of board.

28 [(1) (a)] The board shall regulate an underground storage [tanks and] tank or petroleum
29 storage [tanks] tank by [applying the provisions of this part and by making rules for]:
30 (1) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
31 making rules that:
32 (a) provide for the:
33 (i) certification of an [tank installers, inspectors, testers, and removers] installer,
34 inspector, tester, or remover;
35 (ii) registration of [tanks] a tank;
36 (iii) administration of the petroleum storage tank program;
37 (iv) format of and required information [regarding records to be] in a record kept by a
38 tank [owners or operators who are] owner or operator who is participating in the fund;
39 (v) voluntary participation in the fund for:
40 (A) an above ground petroleum storage [tanks and tanks] tank; and
41 (B) a tank:
42 (I) exempt from regulation under 40 C.F.R., Part 280, Subpart (B)[,]; and
43 (II) specified in Section 19-6-415 ; and
44 (vi) certification of an underground storage tank [consultants,] consultant including
45 [requirements for]:
46 (A) a minimum education or experience[, which rules shall recognize] requirement;
47 and
48 (B) a recognition of the educational [background] requirement of a professional
49 engineer licensed under Title 58, Chapter 22, Professional Engineers and Land Surveyors
50 Licensing Act, as meeting the education [requirements] requirement for certification[, but shall
51 require proof of experience that meets certification requirements.];
52 [(b) The board shall make rules in accordance with Title 63, Chapter 46a, Utah
53 Administrative Rulemaking Act, adopting requirements for underground storage tanks
54 contained in Subtitle I of the Resource Conservation and Recovery Act, 42 U.S.C. Section
55 6991c, et seq., and other future applicable final federal regulations.]
56 [(2) The board shall ensure that the rules made under the authority of Subsection (1)
57 meet federal requirements for the state's assumption of primacy in the regulation of
58 underground storage tanks, as provided in Section 9004 of the Resource Conservation and

59 Recovery Act, 42 U.S.C. Section 6991c, et seq.]
60 (b) adopt the requirements for an underground storage tank contained in:
61 (i) the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. Sec. 6991, et seq., as may
62 be amended in the future; and
63 (ii) an applicable federal requirement authorized by the federal law referenced in
64 Subsection (1)(b)(i); and
65 (c) comply with the requirements of the Solid Waste Disposal Act, Subchapter IX, 42
66 U.S.C. Sec. 6991c, et seq., as may be amended in the future, for the state's assumption of
67 primacy in the regulation of an underground storage tank; and
68 (2) applying the provisions of this part.




Legislative Review Note
as of 11-15-07 7:20 AM

Office of Legislative Research and General Counsel