Section 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).Utah Admin. Code R311-206-11
Amended by Utah State Bulletin Number 2016-24, effective 1/1/2017Amended by Utah State Bulletin Number 2021-18, effective 9/13/2021Amended by Utah State Bulletin Number 2022-15, effective 7/15/2022Amended by Utah State Bulletin Number 2023-09, effective 4/14/2023