340-150-0310 Spill and Overfill Prevention Equipment and Testing Requirements (1) An owner and permittee must install, operate and maintain, spill prevention equipment, such as a spill catchment basin or a spill bucket, that will prevent the release of a regulated substance to the environment when the transfer hose is detached from the fill pipe. (2) An owner and permittee must install, operate, and maintain overfill prevention equipment and follow fill procedures, that prevent any of the fittings located on top of the UST from being exposed to a regulated substance due to overfilling; and (a) Automatically shuts off flow into the UST when the UST is no more than 95 percent full; or (b) Alerts the person depositing the regulated substance into the UST when the UST is no more than 90 percent full by restricting the flow into the tank or by triggering a high level alarm. (3) For all UST systems installed, or overfill equipment replaced, on or after March 1, 2003, an owner and permittee must be able to provide visual verification that the overfill equipment functions as section (2) of this rule requires. For overfill equipment installed before March 1, 2003, an owner and permittee must be able to demonstrate to DEQ that the equipment functions properly by any method DEQ deems acceptable. (4) An owner or permittee cannot install flow restrictors in vent lines as an overfill prevention method. Additionally, if a flow restrictor fails to function properly, it cannot be repaired. (5) In addition to the overfill requirements of section (2) of this rule, an owner and permittee must: (a) Measure the volume of regulated substance in each UST to confirm that the volume available is greater than the volume of the regulated substance to be deposited into the UST before each deposit is made; and (b) Develop and implement procedures to ensure that each deposit of a regulated substance into the UST is monitored constantly to prevent overfilling and spilling. (6) An owner and permittee may use the codes and procedures listed in Appendix C of this division to comply with the requirements of this rule. [View a PDF of Appendix C by clicking on the “Tables” link at the end of this rule.] (7) Spill and overfill prevention equipment is not required if the UST system is filled by deposits of a regulated substance of no more than 25 gallons at one time (a waste oil tank may be one example). (8) Spill prevention equipment, such as a catchment basin, spill bucket, or other spill containment device, and containment sumps used for interstitial monitoring of piping, must prevent releases to the environment by meeting one of the following: (a) If the equipment is double walled, owners and permittees must ensure that it is operating properly and will prevent releases to the environment, by monitoring the integrity of both walls every 30 days. If the owner and permittee discontinues monitoring under this section, the owner and permittee must conduct a test under paragraph (A), or (B) or (C) below, within 30 days of discontinuing periodic monitoring and every three years thereafter; or (b) The spill prevention equipment and containment sumps used for interstitial monitoring of piping are tested at least once every three years to ensure the equipment is liquid tight by using vacuum, pressure, or liquid testing. This testing must comply with one of the following criteria: (A) Requirements the manufacturer developed. However, owners and operators may use this option only if the manufacturer has developed requirements; (B) Code of practice developed by a nationally recognized association or independent testing laboratory; or (C) Requirements DEQ determined are no less protective of human health and the environment than the requirements listed in paragraphs (8)(b)(A) and (8)(b)(B) of this section. (9) Overfill prevention equipment must be inspected at least once every three years. At a minimum, the inspection must ensure that overfill prevention equipment is set to activate at the correct level specified in OAR 340-150-0310 and will activate when a regulated substance reaches that level. Inspections must be conducted as set forth in paragraph (8)(a) through (c) of this rule. (10) Owners and permittees must begin meeting the requirements of sections (8) and (9) by conducting the initial spill prevention equipment test and overfill prevention equipment inspection not later than October 1, 2020. (11) Owners and permittees must maintain the following records for spill and overfill prevention equipment: (a) All records of testing or inspection for three years; and (b) For spill prevention equipment not tested every three years, documentation showing that the prevention equipment is double walled and the integrity of both walls is periodically monitored must be maintained for as long as the equipment is periodically monitored. (c) An owner and permittee must have the records available for review by DEQ upon request. (12) An owner and permittee may use the codes and procedures listed in Appendix C of this division to comply with the requirements of this rule. [Note: View a PDF of Appendix C 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 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03