justicedao/ipfs_state_laws huggingface dataset:
340-150-0325 Operation and Maintenance of Corrosion Protection (1) An owner and permittee of an UST system described in OAR 340-150-0320 must operate and maintain the corrosion protection system to provide continuous protection to the metal components of any portion of the UST and underground piping that routinely contains a regulated substance. (2) Except as provided by 340-150-0156, an owner and permittee must have the corrosion protection system inspected and tested for proper operation by a cathodic protection supervisor licensed by DEQ (OAR chapter 340, division 160): (a) Within six months of installation; and (b) At least once every three years thereafter. (3) An owner and permittee of an UST system with impressed current cathodic protection systems must have the system inspected every 60 days to ensure the equipment is running properly. (4) An owner and permittee must report all corrosion protection test failures to DEQ within 24 hours, unless the impressed current system is brought back to operational levels by adjusting the rectifier outputs. (5) An owner and permittee must conduct any repair or modification of a corrosion protection system or equipment in accordance with OAR 340-150-0350 and 340-150-0352. (6) An owner and permittee must maintain records of the operation of the cathodic protection system to demonstrate compliance with this rule, including: (a) The results of the last three impressed current cathodic protection tests required in section (3) of this rule; and (b) The results of the last two cathodic protection inspections required in section (2) of this rule. (7) The testing criteria used to determine that corrosion protection is effective must be performed in accordance with a code of practice developed by a nationally recognized association. An owner and permittee may use the codes listed in Appendix G of this division to comply with the requirements of this rule. [Note: View a PDF of the referenced Appendices by clicking on the “Tables” link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0354 UST System Replacements (1) When an owner and permittee replaces a tank, the decommissioning must meet the requirements of OAR 340-150-0168 and the installation must meet the requirements of OAR 340-150-0160, including notification requirements. (2) An owner and permittee must maintain records that demonstrate compliance with this rule for the remaining operating life of the UST system. Records must include information such as a description of the work, date performed, name and address of the company that performed the work, equipment model number (as appropriate), test results and any other related data. An owner and permittee must make all records for UST system replacements available for review by DEQ upon request. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 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
340-150-0360 Requirements for Internally Lined USTs (1) Internally lined USTs without corrosion protection. An owner and permittee of an internally lined UST that does not have corrosion protection must have the UST internally inspected or assessed in accordance with a method that has been evaluated and approved by a third party to ensure the tank is structurally sound and the lining is still performing in accordance with all original design specifications. An owner and permittee must have the internal lining inspections or assessments conducted: (a) Within ten years after lining; and (b) Every five years thereafter. (2) Internally lined USTs with corrosion protection. An owner and permittee of an internally lined UST that has corrosion protection must conduct internal lining inspections or assessments of the UST as required by section (1) of this rule. However, internal inspections are not required if the owner and permittee meet each of the following conditions: (a) The integrity of the UST was inspected or assessed before the addition of corrosion protection; (b) Written documentation of the inspection results and the internal inspection or assessment is provided to the department that demonstrates the work was conducted in accordance with a code of practice developed by a nationally recognized association, an independent testing laboratory or by a method that has been third party evaluated and approved: and (c) If the original integrity inspection or assessment was not conducted, documentation is not available or the documentation is not sufficient as determined by the department, an owner and permittee must complete at least one internal inspection of the tank lining using the method specified by American Petroleum Institute Publication 1631, “Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks”. (3) The owner and permittee must permanently decommission an UST system if any internal inspection determines that the UST is no longer structurally sound. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 History: DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0445 Tank Tightness Testing for Release Detection and Investigation (1) An owner and permittee using tightness testing in combination with a primary release detection method or as a method for investigating a suspected release must use a test method or procedure that: (a) Is able to detect a 0.1 gallon per hour leak rate from any portion of the UST system that routinely contains a regulated substance, while accounting for the effects of thermal expansion or contraction of the regulated substance, vapor pockets, tank deformation, evaporation or condensation and the location of the water table; (b) Meets a probability of detection of at least 95 percent and a probability of false results (or false alarm, depending on method used) of no more than 5 percent; and (c) Is an approved leak detection method or equipment as listed by a national organization (e.g., the National Work Group on Leak Detection). (2) All tightness testing must be performed by a service provider or supervisor licensed by DEQ, except as provided by OAR 340-150-0156. (3) Some automatic tank gauge equipment may meet the leak rate and probability requirements and may be used in place of a separate tightness test. To qualify as a tightness test, the automatic tank gauge must meet the requirements of section (1) of this rule. (4) If an UST system fails a tightness test (after the tank tester has ensured that all test protocols were properly performed), an owner and permittee must report the failure to DEQ within 24 hours of receipt of the results as a suspected release (OAR 340-150-0500) and immediately begin an investigation under OAR 340-150-0510. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0470 Other Methods of Release Detection (1) An owner and permittee may use a release detection method for an UST or underground piping not otherwise specified in OAR 340-150-0410 through 340-150-0465 if: (a) The device is able to detect a 0.2 gallon per hour leak rate with a probability of detection of at least 95 percent and a probability of false alarm of no more than 5 percent for all portions of the UST or underground piping that routinely contains a regulated substance; (b) The method is an approved leak detection method or equipment as listed by a national organization (e.g., the National Work Group on Leak Detection). (2) An owner and permittee must monitor the UST and underground suction piping for a release at least every 30 days and record the results for each month. (3) An owner and permittee must monitor pressurized underground piping for a release daily and record the results daily for each month. (4) An owner and permittee must: (a) Report to the department any release detection test results indicating the possibility of a release (i.e., test failure or alarm) within 24 hours as a suspected release (OAR 340-150-0500) and immediately begin investigation in accordance with 340-150-0510; and (b) Immediately investigate all larger-than-normal or reoccurring variations in monitoring results and, if the variation cannot be accounted for, report such variations to the department as a suspected release without waiting to obtain a second confirmation of data. (5) An owner and permittee must retain at a minimum the most current 12 consecutive months of release detection records. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 History: DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0500 Reporting Suspected Releases (1) An owner and permittee of an UST system must notify DEQ within 24 hours, or another reasonable period allowed by DEQ, and follow the procedures in OAR 340-150-0510 for any of the following conditions: (a) The discovery by any means of a regulated substance at the UST facility or in the surrounding off-site area such as, but not limited to, the presence of free product or vapors in soils, basements, sewer or utility lines or nearby surface water or release into a secondary containment area. Additionally, an owner and permittee must identify and mitigate any fire, explosion or vapor hazards at the UST facility in accordance with OAR 340-122-0220(3); or (b) Unusual operating conditions (such as, but not limited to, the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, differences or widely fluctuating water levels or an unexplained presence of water in the tank, or liquid in the interstitial space of secondarily contained systems, unless the system equipment or component is immediately tested and found to be defective, but not leaking, and is immediately repaired; or (c) For secondarily contained systems, except as provided for in OAR 340-150-0465(2)(b)(D), any liquid in an interstitial space not used as part of the interstitial monitoring method (for example, brine filled) unless the liquid is immediately removed; or (d) Monitoring results or alarms from any release detection method that indicates a release may have occurred as set forth in OAR 340-150-430 through OAR 340-150-0470, unless (A) The monitoring device is found to be defective and is immediately repaired or recalibrated and subsequent monitoring events as required by the specific release detection method do not confirm the initial result; or (B) The leak is contained in the secondary containment and, except as provided for in OAR 340-150-0465(2)(b)(D), any liquid in an interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed, or any defective system equipment or component is immediately repaired; or (C) The alarm was determined to be a non-release event (for example, from a power surge or caused by filling the tank or dispensing during release detection testing). (2) Upon receipt of a notice of a suspected release, DEQ will provide a confirmation number to the owner. An owner and permittee should reference this confirmation number when reporting the results of a suspected release investigation and confirmation under OAR 340-150-0510. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0520 Investigation Due to Off Site Impacts When required by the department, an owner and permittee of an UST system must follow the procedures in OAR 340-150-0510 to determine if their UST system is the source of off site impacts. These impacts include, but are not limited to, the presence of a regulated substance (such as the presence of free product or vapors in soils, basements, sewer and utility lines and nearby surface and drinking waters) that has been observed by the department or brought to its attention by another person. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 History: DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0540 Applicability to Previously Closed UST Systems When directed by the department, an owner of an UST system permanently closed or abandoned (e.g., left unused without being substantially emptied, decommissioned or permanently altered structurally to prevent reuse) before December 22, 1988, or an owner and permittee for any UST facility for which inadequate decommissioning records are available for review by the department, must assess the excavation zone and close the UST system in accordance with this division if a release from the UST poses, in the judgment of the department, a current or potential threat to human health or the environment. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 History: DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0550 Definitions for OAR 340-150-0555 and 340-150-0560 As used in OAR 340-150-0555 and 340-150-0560, the following terms are defined as follows: (1) "Existing tank system" means a tank system used to contain an accumulation of regulated substances or a tank system, the installation of which began on or before December 22, 1988. Installation is considered to have begun if: (a) The owner or permittee has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system; and if, (b) Either a continuous on-site physical construction or installation program has begun; or, (c) The owner or permittee has entered into contractual obligations for physical construction at the site or installation of the tank system to be completed within a reasonable time and those contractual obligations cannot be cancelled or modified without substantial loss. (2) "New UST system" means an UST system used to contain a regulated substance and the installation of which commenced after December 22, 1988. (3) "Upgrade" means the addition to or retrofit of an UST system to meet technical requirements for cathodic protection, lining, release detection or spill and overfill protection before December 22, 1998. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0555 Compliance Dates for USTs and Piping (1) An owner and permittee must comply with all release detection requirements for a new or existing UST system or permanently close the UST system by the following schedule: (a) For UST systems installed before 1965 and for UST systems where the installation date is unknown: (A) December 22, 1989, for tanks and suction piping. (B) December 22, 1990, for pressurized piping. (b) For UST systems installed between 1965 and 1969 — December 22, 1990, for tanks, suction piping and pressurized piping. (c) For UST systems installed between 1970 and 1974: (A) December 22, 1990, for pressurized piping. (B) December 22, 1991, for tanks and suction piping. (d) For UST systems installed between 1975 and 1979: (A) December 22, 1990, for pressurized piping. (B) December 22, 1992, for tanks and suction piping. (e) For UST systems installed between 1980 and December 22, 1988: (A) December 22, 1990, for pressurized piping. (B) December 22, 1993, for tanks and suction piping. (f) For tanks, suction piping and pressurized piping, release detection requirements must be met upon date of installation for all new UST systems installed after December 22, 1988. (2) An owner and permittee of a new UST system installed after December 22, 1988, must comply with the corrosion protection performance standards for tanks and piping (OAR 340-150-0320 and 340-150-0325) at the time of installation. (3) An owner and permittee of an existing UST system installed on or before December 22, 1988, must comply with the requirements for upgrading USTs and piping (OAR 340-150-0560) by no later than December 22, 1998. (4) An owner and permittee that does not comply with section (2) or (3) of this rule must decommission the UST system in compliance with the requirements of OAR 340-150-0166 through 340-150-0168 by no later than December 22, 1998. (5) An owner and permittee of a hazardous substance UST system (e.g., an UST containing any nonpetroleum regulated substance) installed on or before December 22, 1988, must comply with the release detection requirements of OAR 340-150-0400 and 340-150-0410 until December 22, 1998. After December 22, 1998, an owner and permittee of a hazardous substance UST system must comply with the requirements of 340-150-0420. (6) An owner and permittee of a new or existing UST system that does not meet the performance standards in OAR 340-150-0300 or 340-150-0560 may use monthly inventory control and annual tank tightness testing as a release detection method until December 22, 1998. After that date, an owner and permittee must upgrade or permanently close the UST system. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 History: DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0560 Upgrading Requirements for Existing UST Systems This rule describes the technical requirements for UST systems that an owner and permittee was required to meet by December 22, 1998, under OAR 340-150-0555(3). (1) Tank upgrading requirements. An owner and permittee of an existing steel UST must upgrade the UST system to meet one of the requirements set forth in 40 C.F.R. § 280.21(b) (October 13, 2015), and OAR 340-150-0320. (2) Piping upgrading requirements. An owner and permittee of an existing UST system must cathodically protect metal underground piping that routinely contains a regulated substance in accordance with 40 C.F.R. § 280.21(c) (October 13, 2015), and OAR 340-150-0320. (3) Spill and overfill prevention equipment. An owner and permittee of an existing UST system must comply with new UST system spill and overfill prevention equipment requirements specified in 40 C.F.R. § 280.20(c) (October 13, 2015), and OAR 340-150-0310. (4) Owners and permittees must permanently close, in accordance with subpart G of 40 C.F.R. § 280 (October 13, 2015), any UST system that does not meet the new UST system performance standards in 40 C.F.R. § 280.20 (October 13, 2015), OAR 340-150-0160, or has not been upgraded as specified in sections (1) through (3) of this section. This does not apply to previously deferred UST systems described in OAR 340-150-0137 and where an upgrade is determined to be appropriate by DEQ. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 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
340-150-0600 Delegation of Program Administration (1) Any agency of the state or a unit of local government that seeks the authority to administer all or part of the UST program covered by OAR 340, divisions 150 and 151 must submit to the department a written application that describes the portions of the UST program it proposes to administer. The application must contain the following: (a) A description in narrative form of the scope, structure, coverage and procedures of the proposed program; and (b) A description, including organization charts, of the organization and structure of applicant, including: (A) The number of employees, occupation and general duties of each employee who will carry out the activities of the program; (B) An itemized estimate of the cost of establishing and administering the program, including the cost of personnel listed in paragraph (A) of this subsection, administrative and technical support; (C) An itemization of the source and amount of funding available to meet the costs listed in paragraph (B) of this subsection, including any restrictions or limitations upon this funding; (D) A description of applicable procedures, including permit procedures; (E) Copies of the permit form, application form and reporting form that will be used in the program; (F) A complete description of the methods to be used to assure compliance and for enforcement of the program; (G) A description of the procedures to be used to coordinate information with the department, including the frequency of reporting and report content; and (H) A description of the procedures the applicant will use to comply with trade secret laws under ORS 192.500 and 468.910. (2) Within 60 days after receiving the application, the department will review the application for completeness and request any additional information needed. The department will notify the applicant in writing when the application is complete. (3) Within 120 days after the application is complete, the department will: (a) Approve the proposal by submitting a signed agreement or contract to the applicant that outlines the terms and conditions under which the department agrees to delegate all or a portion of the UST program described in section (1) of this rule; or (b) Deny the application if the department finds the program described by the applicant is not equivalent to the department’s UST program. (4) The agreement or contract may be terminated by either party by providing 30 days prior notice in writing. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.730 History: Renumbered from 340-150-0115, DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 20-1990, f. & cert. ef. 6-7-90