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H0033.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY
UNDERGROUND STORAGE TANKS - Adds to existing law relating to underground
storage tanks to provide legislative findings and intent; to provide a
program scope; to provide for rulemaking; to provide additional measures to
protect ground water; to provide for operator training and inspections; to
prohibit certain deliveries; to provide for an underground storage tank
database; and to provide for enforcement.
01/19 House intro - 1st rdg - to printing
01/22 Rpt prt - to Env
01/25 Rpt out - rec d/p - to 2nd rdg
01/26 2nd rdg - to 3rd rdg
01/29 3rd rdg - PASSED - 64-2-4
AYES -- Anderson, Andrus, Bayer, Bedke, Bilbao, Black, Bock, Boe,
Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins,
Crane, Durst, Edmunson, Hagedorn, Hart, Harwood, Henbest, Henderson,
Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Luker,
Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
Vander Woude, Wills, Wood(27), Mr. Speaker
NAYS -- Loertscher, Wood(35)
Absent and excused -- Barrett, Bell, Block, Eskridge
Floor Sponsor - Jaquet
Title apvd - to Senate
01/30 Senate intro - 1st rdg - to Res/Env
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 29-6-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Keough, Little, Lodge,
McGee, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner
NAYS -- Kelly, Langhorst, Malepeai, McKague, Stennett, Werk
Absent and excused -- None
Floor Sponsor - Little
Title apvd - to House
02/19 To enrol
02/20 Rpt enrol - Sp signed
02/21 Pres signed
02/22 To Governor
02/23 Governor signed
Session Law Chapter 29
Effective: 02/23/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 33
BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
1 AN ACT
2 RELATING TO UNDERGROUND STORAGE TANKS; AMENDING TITLE 39, IDAHO CODE, BY THE
3 ADDITION OF A NEW CHAPTER 88, TITLE 39, IDAHO CODE, TO PROVIDE A SHORT
4 TITLE, TO STATE LEGISLATIVE FINDINGS AND INTENT, TO DEFINE TERMS, TO PRO-
5 VIDE A PROGRAM SCOPE, TO PROVIDE FOR RULEMAKING, TO PROVIDE ADDITIONAL
6 MEASURES TO PROTECT GROUND WATER, TO PROVIDE FOR OPERATOR TRAINING, TO
7 PROVIDE FOR INSPECTIONS, TO PROHIBIT CERTAIN DELIVERIES, TO PROVIDE FOR AN
8 UNDERGROUND STORAGE TANK DATABASE, TO PROVIDE FOR ENFORCEMENT AND TO PRO-
9 VIDE FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended
12 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
13 ter 88, Title 39, Idaho Code, and to read as follows:
14 CHAPTER 88
15 IDAHO UNDERGROUND STORAGE TANK ACT
16 39-8801. SHORT TITLE. This act may be known and cited as the "Idaho
17 Underground Storage Tank Act."
18 39-8802. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature of the
19 state of Idaho finds:
20 (a) That the protection of the environment from leaking underground stor-
21 age tanks is a matter of statewide concern;
22 (b) That subchapter IX of the solid waste disposal act (42 U.S.C. 6991,
23 et seq. (2000)), as amended by the underground storage tank compliance
24 act, public law 109-58, title XV, August 8, 2005, and regulations adopted
25 pursuant thereto, establish federal law regulating underground storage
26 tanks; and
27 (c) That 42 U.S.C. 6991c (a) and 40 CFR part 281 allow the administrator
28 of the United States environmental protection agency to approve a state
29 program.
30 (2) Therefore, it is the intent of the legislature:
31 (a) To establish a state underground storage tank program to comply with
32 the requirements of the underground storage tank compliance act, public
33 law 109-58, title XV, August 8, 2005, and the regulations adopted pursuant
34 thereto, and 40 CFR part 280, so that the Idaho department of environmen-
35 tal quality may promulgate rules, through negotiated rulemaking, to imple-
36 ment a state underground storage tank program as provided in section
37 39-8805, Idaho Code;
38 (b) That such program not constitute a new corrective action program;
39 (c) That such program qualify the state for federal funding from the fed-
40 eral leaking underground storage tank trust fund; and
41 (d) That such program not be funded by user fees or other fees for ser-
2
1 vice such as that provided in section 39-119, Idaho Code.
2 39-8803. DEFINITIONS. As used in this chapter:
3 (1) "Board" means the Idaho board of environmental quality.
4 (2) "Board of trustees" means the board of trustees established in sec-
5 tion 41-4904, Idaho Code.
6 (3) "Department" means the Idaho department of environmental quality.
7 (4) "Director" means the director of the Idaho department of environmen-
8 tal quality.
9 (5) "Underground storage tank system" means underground storage tank as
10 defined by 42 U.S.C. 6991(10).
11 39-8804. PROGRAM SCOPE. The requirements of this chapter and rules pro-
12 mulgated pursuant to this chapter, shall apply to underground storage tank
13 systems in the state of Idaho, owners and operators of underground storage
14 tank systems in the state of Idaho, persons who install or inspect installa-
15 tions of underground storage tank systems in the state of Idaho, persons who
16 manufacture any regulated component of an underground storage tank system
17 installed in the state of Idaho, and persons who deliver fuel to a regulated
18 underground storage tank system in the state of Idaho.
19 39-8805. RULES GOVERNING UNDERGROUND STORAGE TANK SYSTEMS. (1) Pursuant
20 to the procedures established by the Idaho administrative procedure act, chap-
21 ter 52, title 67, Idaho Code, the department shall promulgate through negoti-
22 ated rulemaking, and the board shall adopt, rules as are necessary to regulate
23 underground storage tank systems within the state. This includes, but is not
24 limited to, rules addressing:
25 (a) Inspection and certification of underground storage tanks;
26 (b) Operator training;
27 (c) Release prevention, compliance and enforcement;
28 (d) Delivery prohibitions; and
29 (e) Additional measures to protect ground water.
30 (2) The board of trustees shall participate in any such negotiated rule-
31 making through designated representatives.
32 (3) The rules, promulgated and adopted pursuant to this chapter, and
33 guidance or policy provisions developed in regard to rules promulgated and
34 adopted pursuant to this chapter, shall not be broader in scope, more strin-
35 gent than, or propose to regulate an activity not regulated by federal law or
36 regulations governing underground storage tanks except as provided by section
37 39-107D, Idaho Code.
38 (4) To the degree that any rule promulgated and adopted pursuant to this
39 chapter, or guidance or policy developed in regard to any rule promulgated and
40 adopted pursuant to this chapter, is based upon science, the department shall
41 use:
42 (a) The best available peer reviewed science and supporting studies con-
43 ducted in accordance with sound and objective scientific practices; and
44 (b) Data collected by accepted methods or best available methods if the
45 reliability of the method and the nature of the decision justifies use of
46 the data.
47 39-8806. ADDITIONAL MEASURES TO PROTECT GROUND WATER. New and replacement
48 underground storage tank systems and connected piping installed after the
49 effective date of this chapter and located within one thousand (1,000) feet of
50 any existing community water system or any existing potable drinking water
51 well, shall comply with the secondary containment requirements of 42 U.S.C.
3
1 6991b(i)(1).
2 39-8807. OPERATOR TRAINING. (1) The department shall adopt an operator
3 training program to be conducted by either the department or a state of Idaho
4 approved third party to help underground storage tank system owners and opera-
5 tors and their employees understand and comply with the requirements of this
6 chapter and rules promulgated pursuant to this chapter. The training shall be
7 consistent with 42 U.S.C. 6991i(a).
8 (2) Training conducted by the department shall be offered at no cost, on
9 location, to owners, operators, and employees of underground storage tank sys-
10 tems regulated under this chapter. The training shall be specific to the
11 equipment on location.
12 39-8808. INSPECTIONS. (1) Underground storage tank systems regulated
13 under this chapter which have not been inspected by the department or the
14 United States environmental protection agency since December 22, 1998, shall
15 be inspected by the department in compliance with this chapter.
16 (2) After completion of all inspections required under subsection (1) of
17 this section, the department or a third party inspector certified by an
18 approved state or national program, shall conduct on-site inspections of
19 underground storage tank systems regulated under this chapter at least once
20 every three (3) years to determine compliance with this chapter.
21 (3) If the department conducts the inspection, it shall not charge a fee
22 for the inspection.
23 39-8809. DELIVERY PROHIBITION. (1) Effective August 8, 2007, it shall be
24 unlawful for any person to deliver to, deposit into, or accept a regulated
25 substance into an underground storage tank regulated under this chapter at a
26 facility which has been identified by the department to be ineligible for such
27 delivery, deposit, or acceptance.
28 (2) The department shall promulgate through negotiated rulemaking, and
29 the board shall adopt, rules governing delivery prohibition as provided in
30 section 39-8805, Idaho Code.
31 39-8810. UNDERGROUND STORAGE TANK DATABASE. The department shall develop
32 and use a database, which shall be available to the public on the internet,
33 detailing the status of all underground storage tanks in the state of Idaho
34 which are subject to regulation, including whether they are subject to deliv-
35 ery prohibition. The department shall develop the database within one (1) year
36 of the effective date of this chapter. Such database shall be accurate,
37 updated no less than quarterly, and subject to public review and correction by
38 petition to the department.
39 39-8811. ENFORCEMENT. Failure to comply with this chapter or rules pro-
40 mulgated pursuant to this chapter shall be subject to enforcement pursuant to
41 the enforcement provisions of the Idaho environmental protection and health
42 act contained in section 39-108, Idaho Code.
43 39-8812. SEVERABILITY. The provisions of this chapter are hereby declared
44 to be severable and if any provision of this chapter or the application of
45 such provision to any person or circumstance is declared invalid for any rea-
46 son, such declaration shall not affect the validity of remaining portions of
47 this chapter.
48 SECTION 2. An emergency existing therefor, which emergency is hereby
4
1 declared to exist, this act shall be in full force and effect on and after its
2 passage and approval.
STATEMENT OF PURPOSE
RS 16574
Amend Idaho Code, Title 39 by adding a new Chapter, which will
authorize DEQ to inspect federally regulated underground storage
tanks (USTs) in lieu of the Environmental Protection Agency
(EPA), and to implement new requirements contained in the
federal "Underground Storage Tank Compliance Act of 2005"
adopted August 8, 2005. One requirement of this new federal act
is that states have a state-run, comprehensive prevention
program (in other words an UST program) in place in order to
continue to receive federal funds for the clean up of leaking
underground tanks. Idaho does not currently have this program
in place, which could mean the loss of approximately $750,000
per year. Passage of this legislation would give DEQ the
authority necessary to administer the UST program and would
allow us to meet the requirements of the federal act and ensure
that no funding is lost. Additionally, Idaho is simply in a
much better position than the federal government to implement
the UST program and the state will benefit overall from this
change.
FISCAL NOTE
This program will require a total of 4 FTEs. 2 FTEs will be
redirected internally from the leaking underground storage tank
program, and 2 NEW FTEs will be requested from the Joint Finance
and Appropriations Committee in conjunction with this
legislation. NO NEW STATE MONEY WILL BE REQUESTED. EPA has
committed to providing additional funding in the amount of
$200,000/year to support the 2 new FTEs and the overall state
implementation of this program. The 25% state match requirement
will be satisfied by money already being used for existing state
general funded remediation manager positions.
CONTACT
Name: Joe Nagel
Agency: Environmental Quality, Dept of
Phone: 373-0188
STATEMENT OF PURPOSE/FISCAL NOTE H 33