340-150-0008 Exemptions and Deferrals (1) An UST located in Indian Country, as defined in 18 U.S.C. Subpart 1151, is exempt from the requirements of OAR chapter 340, divisions 150 and 151. (2) Heating oil tanks are exempt from OAR chapter 340, divisions 150 and 151. The heating oil tank owner must comply with the requirements of ORS 466.858 through 466.882 and OAR chapter 340, division 177. (3) The following types of USTs and any connected piping are exempt from the requirements of OAR chapter 340, divisions 150 and 151: (a) Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes (i.e., not for resale); (b) Septic tanks; (c) Pipeline facilities, including gathering lines, that are: (A) Regulated under 49 U.S.C. 60101, et seq., or (B) Intrastate pipeline facilities regulated under State laws as provided in 49 U.S.C. 60101, et seq., and which are determined by the Secretary of Transportation, U.S. Department of Transportation, to be connected to a pipeline or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline. (d) Surface impoundments, pits, ponds or lagoons; (e) Storm water or wastewater collection systems; (f) Flow-through process tanks; (g) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; (h) Storage tanks situated in an underground area, such as a basement, cellar, mine-working, drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the floor; (i) UST systems holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act (SWDA) (42. U.S.C. Chapter 82) or a mixture of such hazardous waste and other regulated substances; (j) Wastewater treatment tank systems that are part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act (33 U.S.C. § 1251 et seq.); (k) Equipment or machinery that contains regulated substances for operational purposes, such as hydraulic lift tanks and electrical equipment tanks; (l) UST systems with a capacity of 110 gallons or less; (m) UST systems that have never contained more than a "de minimis" concentration of regulated substances; and (n) Emergency spill or overflow containment UST systems that are expeditiously (i.e., as soon as practicable after emergency has been abated) emptied after use. (4) The following UST systems are deferred from the requirements of this division, with the exception of the conditions in sections (5) and (6) of this rule: (a) Wastewater treatment tank systems; (b) UST systems containing radioactive materials that are regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following); (c) UST systems that are part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 C.F.R. Part 50 Appendix A (October 13, 2015). (5) A person may not operate an UST system listed in section (4) of this rule storing regulated substances unless the UST system, whether of single- or double wall construction: (a) Will prevent releases due to corrosion or structural failure for the operational life of the UST system; (b) Is cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a noncorrodible material or designed in a manner to prevent the release or threatened release of any stored substance; and (c) Is constructed or lined with material that is compatible with the stored substance. (6) An owner of any UST system listed in section (4) of this rule must conduct corrective action in the event of a release from the system. (7) An owner may use The National Association of Corrosion Engineers Standard Recommended Practice RP0285, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection," as guidance for complying with sections (4) and (5) of this rule. (8) An owner and permittee of any UST system used solely to contain fuel for emergency power generators or used to contain fuel for both emergency power generators and heating must comply with all provisions of this division, including release detection requirements of OAR 340-150-0400 through 340-150-0470. Emergency generator tanks are not required to meet the release detection requirements until October 1, 2020, except all new and replacement USTs and connected piping used solely to contain fuel for emergency power generators, or used to contain fuel for both emergency power generators and heating, must be secondarily contained and monitored using the interstitial monitoring release detection method specified in 340-150-0465. [Note: Publications referenced are available from DEQ or from the publisher.] Statutory/Other Authority: ORS 465.200 - 465.455, 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 465.205, 465.400, 466.710 - 466.720 & 466.746 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03