Utah Admin. Code R311-206-8 - Delivery Prohibition

(1) In accordance with Subsections 19-6-411(7) and 19-6-407(2)(d)(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(a) for which the certificate of compliance has been revoked in accordance with Section 19-6-414;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); 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.

Notes

Utah Admin. Code R311-206-8

Amended by Utah State Bulletin Number 2016-24, effective 1/1/2017 Amended by Utah State Bulletin Number 2021-18, effective 9/13/2021 Amended by Utah State Bulletin Number 2022-15, effective 7/15/2022 Amended by Utah State Bulletin Number 2023-09, effective 4/14/2023 Amended by Utah State Bulletin Number 2024-14, effective 7/12/2024