VSARA
Secretary of State Office
26 Terrace St.
Montpelier, Vt.
05609-1101
Notices for Week of: MARCH 15, 2007

PROPOSED STATE RULES


By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.

To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible

To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).


Underground Storage Tank Regulations

Vermont Proposed Rule: 07P008

AGENCY: Vt. Agency of Natural Resources

CONCISE SUMMARY: This rule revises the existing rule regulating underground storage tanks. It requires that owners of category one underground storage tanks obtain a permit prior to operating a tank system, monitor all tank systems to ensure that they are not leaking, maintain records of monitoring and repairs, inspect facilities and self-certify compliance, report spills and releases, remediate releases to eliminate threats to human health and the environment, and to properly close underground storage tanks that are no longer in use. Significant changes from the existing rule include: inspections and self-certification to be conducted by tank owners, requirements that ball float valves be removed and replaced with a different overfill prevention device, a testing schedule for flexible thermoplastic piping that does not meet UL's new standards, and changes to the permitting procedure. Vermont's current UST rule was adopted in 1991, and petroleum dispensing technology has changed significantly since then.

TYPE OF PERSONS AFFECTED: Companies owning and operating gas stations and mini-marts with gasoline sales, municipalities (If they have underground fuel tanks at their highway maintenance garages), state highway garages and some state police barracks, companies that have on-site fueling facilities (trucking companies, etc.).

COST BENEFIT ANALYSIS: This rule primarily affects owner of fuel dispensing facilities (gas stations, etc.). Many new requirements contained in the draft rule are mandated by the recently enacted federal energy act. Rules regulating the operation of underground storage tanks have been in place in Vermont since 1987, so this rule does not present entirely new costs, but some provisions of the proposed rule will require additional expenditures. These include tank owners conducting annual inspections and filing certification reports, and removal of ball float valves and replacement with another overfill prevention device. We estimate that inspection and self certification will cost tank owners 3-5 hours per facility per year, and the one-time cost of retrofitting overfill prevention devices to be $1350. The additional cost at a new station would be approximately $1000. These costs are expected to be offset by savings from better operating tank systems and fewer spills requiring expensive cleanups.

SCHEDULED HEARINGS: April 2, 2007, 6:30 - 8:30 p.m. Rutland Free Library, 10 Court St. Rutland, April 5, 2007, 6:30 - 8:30 p.m. Brownell Library, 6 Lincoln Street Essex Junction, April 10 2007, 2:00 - 4:00 p.m. Pavilion Auditorium 109 State Street Montpelier.

DEADLINE FOR PUBLIC COMMENT: April 24, 2007

FOR FURTHER INFORMATION, CONTACT: Ted Unkles UST Program Coordinator Vermont Department of Environmental Conservation 103 South Main Street Waterbury, VT 05671-0404 (802)241-3882.


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If you have general questions about the rulemaking process, please contact
Louise Corliss by e-mail at or by phone 802-828-2863
This page was last updated on: 2006-11-20.