Administrative Rule Review Report  #AR08-051

Legislative Service Office

07-July-2008

AGENCY: Department of Environmental Quality, Water Quality Division

DATE SUBMITTED: June 30, 2008.

SUBJECT: Chapter 17, Storage Tanks, Water Quality.

NATURE OF RULES:                        Legislative, Procedural

STATUTORY AUTHORITY: W.S. 35-11-112(a)(i) , 35-11-1416(a) and 35-11-1429(e)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:

Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.

The rules were not initially submitted in a strike and underline format as required by rules of the Secretary of State.  The Agency did subsequently submit the strike and underline to LSO, however, upon review of the rules and upon discussion with the Agency, there were changes made to the rules that are not reflected in the final strike and underline copy.  The changes noted were not substantive, but were an update to the Agency electronic mail address.  Based on the representation of the Agency that no other changes were made, procedural compliance is apparently complete to date.

SUMMARY OF RULES:

These new rules are being amended to comply with the statutory amendments to the storage tank remediation program as a result of 2007 Session Laws, Chapters 88 and 172.  The amendments will require licensing of operators of storage tanks, licensing of cathodic protection testers and corrosion experts, licensing of tank and line testers and licensing of tank installers and decommissioning firms.  The rules remove some exemptions to be consistent with the new statutes.  The rules further postpone the deadline from October 1, 2007 until October 1, 2008 for when minimum site assessment is to be provided to the Agency, when existing aboveground storage tanks must meet the substantial compliance, when any upgrading of aboveground storage tanks need to meet Agency requirements, when leak protection has to be provided for all aboveground storage tanks and when compliance is to be met on suction piping with single walled pipe.

More specifically, the new amendments include:

Part A, Section 5 adds definitions of biodiesel, ethanol and licensed operators.

Part C, Section 9 – Changes the payment due date on annual fees from July to January.

Administrative Rule Review Report  #AR08-051

Legislative Service Office

07-July-2008

Page 2

New sections include:

Part K – Section 44 Prohibition of Deliveries - including reasons for restricting delivery, procedures for prohibiting deliveries of regulated substances, posting on the internet and red tagging on tanks.

Part L – Section 45 – Licensing of Installers - including license required, license renewal, reciprocity with other states and cities.

Part L - Section 46 – Reserved

Part L - Section 47 – Licensing of Cathodic Protection Testers and Corrosion Experts - including cathodic protection testers, corrosion experts, license renewal, reciprocity with other states and cities.

Part L - Section 48 – Licensing of Tank and Line Testers - including license required, license renewal and reciprocity with other states and cities.

Part L - Section 49 – Revocation of Licenses - including submission of falsified data, false reporting, license revoked, continuation of expiring licenses and notification.

Part L - Section 50 – Implementation of Part L

FINDINGS:

The rules appear to be within the scope of statutory authority and legislative intent.

Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

STAFF RECOMMENDATION:

That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.  Further, that the Council request the Governor to caution the Agency concerning the need to comply with statutory procedural requirements for adoption of rules, as noted in the rule review report.

_______________________

Maxine R. Weaver

Staff Attorney

_______________________

Dan J. Pauli

Director

MRW/