reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 3 - Eligibility Requirements › Section 165:27-3-3 - Eligible release [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Amended at 10 Ok Reg 2627, eff 6-25-93; Amended at 12 Ok Reg 2069,
				  eff 7-1-95; Revoked at 22 Ok Reg 1775, eff
				  7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 3 - Eligibility Requirements › Section 165:27-3-4 - Substantial compliance [1] [TERMINATED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Terminated by legislative disapproval at 10 Ok Reg 4269, eff
				  6-9-931
1Section 165:27-3-4 was
				  disapproved in its entirety by Senate Bill 455 (Section 28), effective 6-9-93.
				  See also related Editor's Notice published at 10 Ok Reg
				  4255.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 5 - Qualifications for Reimbursement › Section 165:27-5-1 - Qualifications for reimbursement

Current through Vol. 41, No. 20, July 1, 2024
In order to receive reimbursement from the Indemnity Fund, a
				  person must, among other requirements:
(1) In order to receive reimbursement every
				scope of work must have a pre-approved Purchase Order and/or a Pay for
				Performance Contract. The scope of work must be completed within the required
				timeframe in accordance with the standards, requirements, rules, and
				regulations of PSTD in a format established by PSTD. Initially submitted claims
				and resubmitted claims shall be evaluated by the Division under the system of
				evaluation employed by the program at the time the claim is originally
				submitted or re-submitted unless otherwise directed by PSTD.
(2) The eligible person must be eligible and
				approved in the Fund for a confirmed release case. Modified eligibility in the
				Fund is required for reimbursement on Suspicions of Release, and other
				investigations.
(3) The eligible
				person must apply for reimbursement in a format established by PSTD, including
				a certified affidavit by a Licensed Environmental Consultant that the
				corrective action costs incurred are true and correct and that the Licensed
				Environmental Consultant supervised the corrective action performed accompanied
				with supporting documentation as set forth on the Purchase Order.
(4) Investigation and remediation work must
				be supervised/performed by a Licensed Environmental Consultant. Reimbursement
				will be paid to the eligible person unless the eligible person provides the
				Fund with a written "Assignment of Benefit" directing reimbursement be paid
				directly to an Assignee. Any revocation of "Assignment of Benefits" must be
				provided to PSTD in writing. The Fund may also reimburse directly to a vendor
				engaged by PSTD for ancillary services deemed necessary to support a project
				upon presentation of a reimbursement request form accompanied by an original
				invoice.
(5) Investigation and
				remediation costs expended prior to submission of a release report to the
				Commission, shall not be eligible for Indemnity Fund reimbursement.
Added at 9 Ok Reg 2315, eff 6-25-92 ; Amended at 10 Ok Reg
					 2627, eff 6-25-93 ; Amended at 12 Ok Reg 2069, eff 7-1-95 ; Amended at 22 Ok
					 Reg 1775, eff 7-1-05 ; Amended at 26 Ok Reg 1836, eff 7-1-09 ; Amended at 30 Ok
					 Reg 589, eff 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 5 - Qualifications for Reimbursement › Section 165:27-5-2 - Application for reimbursement

Current through Vol. 41, No. 20, July 1, 2024
An application for PSTD Eligibility on a confirmed release
				  or a suspicion of release shall be made to the Administrator of the Indemnity
				  Fund in a format established by PSTD and at a minimum include:
(1) A properly completed "Indemnity Fund
				Application" with all requested information provided.
(2) A Leak Detection Data Sheet (if
				applicable) with supporting documents and other information verifying
				regulatory compliance at the time of the reporting of the release.
(3) Contract between Indemnity Fund applicant
				and Licensed Environmental Consultant.
(4) Damage Statement or court filed petitions
				alleging damages from a release of regulated substances (if applicable).
(5) Other Financial Mechanisms
				allowable besides the Indemnity Fund.
(6) Information deemed sufficient by PSTD
				staff to substantiate a claim as an impacted party or adjacent property owner
				and a sworn statement that no other financial mechanisms were in place at the
				time of discovery of the release. The eligible person must submit any and all
				property insurance policies to the Indemnity Fund in place at time of the
				release.
(7) Any other information
				requested by PSTD or Fund. When deemed warranted to support PSTD's charge to
				protect the public health, safety, and welfare, the Director of PSTD may
				execute an Administrative Application to the Fund on behalf of an unavailable
				or unwilling owner.
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Amended at 10 Ok Reg 2627, eff 6-25-93; Amended at 12 Ok Reg 2069,
				  eff 7-1-95; Amended at 22 Ok Reg 1775, eff 7-1-05; Amended at 23 Ok Reg 1661,
				  eff 7-1-06; Amended at 26 Ok Reg 1836, eff
				  7-1-09
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 5 - Qualifications for Reimbursement › Section 165:27-5-3 - Application for supplemental reimbursement

Current through Vol. 41, No. 20, July 1, 2024
In order to be considered complete, a request for
				  supplemental reimbursement shall be made in a format established by PSTD and at
				  a minimum contain:
(1) Supplemental
				Indemnity Fund reimbursement request.
(2) Itemized original invoices, if requested
				by PSTD.
(3) Any other information
				as may be required by the Fund.
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Amended at 10 Ok Reg 2627, eff 6-25-93; Amended at 12 Ok Reg 2069,
				  eff 7-1-95; Amended at 22 Ok Reg 1775, eff 7-1-05; Amended at 23 Ok Reg 1661,
				  eff 7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-1 - Reimbursable expenses

Current through Vol. 41, No. 20, July 1, 2024
The Fund may reimburse eligible persons for:
(1) Reasonable, integral and necessary costs
				directly related to the corrective action. These costs may include but are not
				limited to such items as waste disposal, soil and groundwater remediation
				techniques, laboratory analyses, professional services, drilling, sampling,
				coring, transportation, and for use of third party property, on a case by case
				basis, for corrective actions.
(2)
				Backfill on active confirmed cases.
(3) Suspicion of release, and other costs
				deemed investigatory in nature.
(4)
				Costs that are reasonable, integral and necessary.
(5) Third Party property damage costs and
				medical injury costs that have been paid by the eligible person as set forth in
				17 O.S. § 327.3(H).
(6)
				Reasonable, integral and necessary costs for any county, municipality or state
				agency imposed permit fees, disposal fees or other such fees that may be needed
				to further corrective actions.
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Amended at 12 Ok Reg 2069, eff 7-1-95; Amended at 22 Ok Reg 1775,
				  eff 7-1-05; Amended at 26 Ok Reg 1836, eff
				  7-1-09
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-2 - Reimbursement

Current through Vol. 41, No. 20, July 1, 2024
(a) Among other
				requirements an eligible person for reimbursement is required to show:
(1) Allowable costs were incurred on or after
				December 23, 1988.
(2) The PSTD has
				determined that the release or suspicion of release may pose a threat to human
				health or the environment.
(3) The
				eligible person has fully cooperated with PSTD in responding to the
				release.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-2.1 - Limitations on Reimbursement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 1775,
				  eff 7-1-05; Revoked at 23 Ok Reg 1661, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-3 - Limited reimbursement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Revoked at 10 Ok Reg 2627, eff
				  6-25-93
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-4 - Cost recovery

Current through Vol. 41, No. 20, July 1, 2024
(a) Cost
				recovery shall be initiated for all corrective action expenditures from either
				the Indemnity Fund, Oklahoma Leaking Underground Storage Tank Trust Fund ("LUST
				Trust Fund"), Oklahoma Leaking Underground Storage Tank Revolving Fund ("LUST
				Trust Revolving Fund"), or any combination thereof, through an administrative
				application with notice and hearing. The tank owner, operator or otherwise
				eligible person shall be assessed the total amount of corrective action costs,
				administrative and legal expenses, including attorney's fees. Upon issuance of
				a Commission order, the total amount assessed by order shall be due and payable
				and shall constitute a judgment lien of the Commission as provided by 17 O.S.
				§
									6.
(b) LUST Trust Fund or LUST Trust Revolving
				Fund cost recoveries regarding an imminent threat to public health, safety, or
				the environment; or an unknown, unwilling, or unavailable owner, operator or
				otherwise eligible person, shall be upon issuance of a Commission order
				immediately reimbursable from the Indemnity Fund to the LUST Trust Revolving
				Fund. The Commission order shall establish the Indemnity Fund as the lien
				holder and shall include administrative and legal expenses. The amount
				reimbursable to the LUST Trust Revolving Fund will be for corrective action
				costs only.
Reserved at 9 Ok Reg
				  2315, eff 6-25-92
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-5 - Methods for reimbursement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Amended at 10 Ok Reg 2627, eff 6-25-93; Amended at 12 Ok Reg 2069,
				  eff 7-1-95; Revoked at 22 Ok Reg 1775, eff
				  7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-6 - Conditions for reimbursement

Current through Vol. 41, No. 20, July 1, 2024
(a) When current
				costing systems cannot accommodate specific situations, contracts awarded shall
				be to the lowest or best bidder. The Indemnity Fund Program requires review and
				approval of all competitive bid actions.
(b) The owner/eligible and Licensed
				Environmental Consultant shall keep, and have available for review by the
				Indemnity Fund Program, records pertaining to the corrective action. These
				records include but are not limited to:
(1)
				Corrective action plans.
(2)
				Remedial action plans
(3) Contracts
				and contract negotiations.
(4)
				Accounts
(5) Invoices
(6) Sales tickets
(7) Subcontractor invoices
(8) Other forms of documentation for expenses
				incurred relating to such investigation, corrective action, remedial action,
				injury or damage.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-7 - Exclusions from reimbursement

Current through Vol. 41, No. 20, July 1, 2024
(a) Tanks and/or systems owned or operated by
				the federal government are not eligible for reimbursement from the
				Fund.
(b) Tanks or systems are not
				eligible if owned or operated by a Class I Railroad.
(c) No reimbursement shall be made by the
				Indemnity Fund to any person who has received, or is eligible, for
				reimbursement from any other state or federal agency, insurance company, or
				third party payor for the corrective action taken or to any person for the same
				cost.
(d) No reimbursement shall be
				made for loss of time.
(e) No
				reimbursement shall be made for loss of business and taking of property
				associated with the corrective action.
(f) No reimbursement shall be made for
				punitive damages from civil actions resulting from the eligible
				release.
(g) No reimbursement shall
				be made for attorney's or legal fees incurred by or rendered against an
				eligible person for any reason associated with the release case.
(h) No reimbursement shall be made for
				associated but non-integral costs of the corrective action such as but not
				limited to costs of renovating, removing or disposing of tanks and other such
				related items.
(i) No reimbursement
				shall be made for releases from storage tank systems on Individual Allottee
				Indian Trust lands or Tribal Trust lands.
(j) No reimbursement shall be made for costs
				incurred prior to confirmation of release or SOR investigation unless costs of
				an emergency response are approved in advance by the PSTD.
(k) No reimbursement shall be made to an
				otherwise ineligible person, or for a release of regulated substances that
				cannot be tied back to an existing or former storage tank system, or for
				non-regulated petroleum storage tank system releases or releases of
				non-regulated substances.
(l) No
				reimbursement for corrective action costs will be made for the portion of
				PSTD-regulated releases commingled with non-regulated substances.
Added at 9 Ok Reg 2315, eff 6-25-92 ; Amended at 12 Ok Reg
					 2069, eff 7-1-95 ; Amended at 22 Ok Reg 1775, eff 7-1-05 ; Amended at 23 Ok Reg
					 1661, eff 7-1-06 ; Amended at 26 Ok Reg 1836, eff 7-1-09 ; Amended at 30 Ok Reg
					 589, eff 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-8 - Withholding reimbursement

Current through Vol. 41, No. 20, July 1, 2024
The Fund may withhold reimbursement payments in whole or in
				  part if any of the following apply:
(1) Offsetting charges.
(2) Conflicting, duplicate or unclear
				assignments.
(3) Subrogation of
				reimbursements.
(4) Pending legal
				action pertaining to reimbursement or claims.
(5) Clarification of possible third party
				payors.
(6) Investigation or
				pending investigation of suspected illegal or improper activity.
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Amended at 10 Ok Reg 2627, eff 6-25-93; Amended at 12 Ok Reg 2069,
				  eff 7-1-95; Amended at 22 Ok Reg 1775, eff
				  7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-9 - The Pre-Approval Program

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of the Pre-Approval Program
				is to reduce, if not eliminate, disallowances of reimbursement for costs
				incurred and associated with corrective action, as well as to foster a spirit
				of cooperation between the Licensed Environmental Consultant, PSTD and the
				eligible person.
(b) Parties are
				required to use either or both of the two (2) pre-approval processes developed
				by PSTD. These two (2) procedures are: Purchase Orders and Pay-For-Performance
				(PFP). These procedures document the agreement that all parties have reached
				and must comply with.
(c) An
				eligible person may opt out of the pre-approval program if they elect, in
				writing after consultation with the Administrator of the Indemnity Fund, not to
				participate in the pre-approval program and acknowledges in writing that the
				eligible person understands that all requests for reimbursement submitted
				without pre-approval will be subject to non-reimbursement of costs incurred
				which do not meet the statutory standards for reimbursement set forth in 17
				O.S. §327.3 et seq.
Added at 15 Ok Reg 3033,
				  eff 7-15-98; Amended at 22 Ok Reg 1775, eff
				  7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-9.1 - Pre-Approval for Emergency Responses - Exceptions

Current through Vol. 41, No. 20, July 1, 2024
(a) Emergency abatements must be reported
				according to PSTD rules and requirements. Reimbursement of costs incurred as a
				result of an emergency response are subject to Fund review, and a determination
				by the Indemnity Fund that there is sufficient information such costs are
				reasonable, integral , and necessary.
(b) If an emergency response has been
				declared by the PSTD, immediate action is required.
Added at 22 Ok Reg 1775,
				  eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-10 - Pay-For-Performance procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Pay-For-Performance (PFP) Remediation Proposals are designed for pre-approval
				of work that is to be performed. Pay-For-Performances shall not be issued on
				work that has already been completed.
(b) Before a Pay-For-Performance (PFP)
				Remediation Proposal can be approved, a Remedial Action Plan which satisfies
				the criteria of OAC
				165:29-3-80
				must be approved by the PSTD.
(c) A
				Performance-based Remedial Action Plan must be submitted for review to the
				PSTD.
(d) The Performance-based
				Remedial Action Plan Proposal shall include the following
information:
(1)
				Chronologic summary of site work with type, amount, and location of the
				release.
(2) General description of
				the site geology and hydrology with stratigraphic cross-section.
(3) Tier I/IA and 2 (if needed) report
				summary with proposed contaminant clean-up levels
(4) Description of the proposed remediation
				technology to be used.
(5)
				Schematics showing remediation system layout and remediation
				equipment.
(6) Description of
				performance monitoring methods and list of key monitoring wells.
(7) Total site remediation cost, contract
				terms, payment schedule, contract time frame, and warranty period.
(8) Base map with all well and soil boring
				locations.
(9) Detailed facility
				map with current benzene and TPH groundwater and soil plume maps.
(10) Detailed facility map with free product
				thickness, if present.
(11)
				Concentration maps of all other chemicals of concern that exceed Oklahoma Risk
				Based Corrective Action ("ORBCA") Site Specific Target Levels.
(12) The number of months that will be
				required to complete the remediation.
(13) The number of months that remediation
				will be warranted through continued operation in the event clean up levels have
				not been reached during the required clean up period.
(14) Other relevant information to explain
				the extent and type of the contamination, how the proposed performance based
				work plan will accomplish the clean up, types of monitoring to be used, and any
				risks that may be associated with the clean-up that should be
				addressed.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 7 - Reimbursement › Section 165:27-7-11 - Purchase order procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Purchase order proposals are designed for
				pre-approval of work that is to be performed. Purchase orders shall not be
				issued on work that has been completed without pre-approval.
(1) All purchase orders must use the
				appropriate standardized method for a particular scope of work.
(2) All purchase order requests must be
				submitted online within the required timeframe by the Licensed Environmental
				Consultant.
(3) All purchase order
				requests submitted will be reviewed and responded to within thirty (30)
				days.
(4) If the purchase order
				request is approved as submitted, the PSTD staff will notify the Licensed
				Environmental Consultant and eligible person with the assigned purchase order
				number and a list of the required documents that will support the completed
				scope of work as described in the purchase order proposal at the agreed upon
				price.
(5) If the purchase order
				request is not approved as submitted, the PSTD staff will contact the Licensed
				Environmental Consultant or eligible person concerning the necessary changes
				required or will schedule a meeting, if needed.
(A) The Licensed Environmental Consultant
				will then make the agreed revisions and resubmit online the final purchase
				order to PSTD within the required timeframe.
(B) When PSTD staff recommends revisions to
				the purchase order request, the Licensed Environmental Consultant or eligible
				person will have thirty (30) days from notification of revisions to respond and
				submit a final purchase order proposal. If the consultant or eligible person
				does not respond within thirty (30) days, the purchase proposal as originally
				submitted is void.
(C) Unless
				agreed upon by PSTD, the eligible person and the Licensed Environmental
				Consultant, in writing, any purchase orders that have not been completed and
				submitted for payment within 120 days after the scope of work completion date
				are null and void.
(6) In
				the event the Licensed Environmental Consultant, eligible person, and PSTD
				cannot agree upon reasonable terms, the purchase order request shall be void
				and the following shall apply:
(A) Work will
				then proceed on a Work Plan basis with documentation, as provided for in 17
				O.S. §327.3(C), required for reimbursement; and
(B) Multiple submissions of purchase orders
				for the same or similar scopes of work will only be considered at the
				discretion of PSTD.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 9 - Administrative Provisions › Section 165:27-9-1 - Hearing, orders, and exceptions

Current through Vol. 41, No. 20, July 1, 2024
(a) Hearings to enforce or exceptions to the
				provisions of this Chapter or PSTD enabling statutes shall be conducted in
				accordance with OAC 165:5.
(b) The
				Commission shall issue orders after notice and hearing as necessary to enforce
				the provisions of this Chapter or PSTD enabling statutes to protect property,
				the public health and safety, and the environment.
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Amended at 23 Ok Reg 1661, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 9 - Administrative Provisions › Section 165:27-9-2 - Changes to rules

Current through Vol. 41, No. 20, July 1, 2024
The adoption of this Chapter shall not preclude the PSTD
				  from subsequently altering, amending, or changing the rules in whole or in part
				  in accordance with 75 O.S. § 250 et seq., of the Administrative Procedures
				  Act.
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Amended at 12 Ok Reg 2069, eff 7-1-95; Amended at 22 Ok Reg 1775,
				  eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 9 - Administrative Provisions › Section 165:27-9-3 - Notices

Current through Vol. 41, No. 20, July 1, 2024
Any notices and documents required to be submitted to the
				  Fund or PSTD shall be delivered or mailed to:
(1) Indemnity Fund mailing address:
				Administrator, Petroleum Storage Tank Indemnity Fund, P.O. Box 52000, Oklahoma
				City, Oklahoma 73152-2000.
(2) PSTD
				mailing address: Director, Petroleum Storage Tank Division, P.O. Box 52000,
				Oklahoma City, Oklahoma 73152-2000.
(3) Delivery address for Indemnity Fund and
				PSTD: Jim Thorpe Building, 2101 N. Lincoln Blvd., Room 480, Oklahoma City,
				Oklahoma 73105 (405) 521-4683.
Added at 9 Ok Reg 2315,
				  eff 6-25-92; Amended at 10 Ok Reg 2627, eff 6-25-93; Amended at 12 Ok Reg 2069,
				  eff 7-1-95; Amended at 22 Ok Reg 1775, eff 7-1-05; Amended at 23 Ok Reg 1661,
				  eff 7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Subchapter 9 - Administrative Provisions › Section 165:27-9-4 - Severability

Current through Vol. 41, No. 20, July 1, 2024
If any part of this Chapter is adjudged by a court of
				  competent jurisdiction to be invalid for any reason or in any manner, the
				  remainder of this Chapter shall not be affected and shall remain in full force
				  and effect.
Added at 9 Ok Reg 2315,
				  eff 6-25-92
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 27 - Indemnity Fund › Appendix B - REQUEST FOR ACCEPTANCE OF CHANGES IN APPROVED PURCHASE ORDERS [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Click To View
				Image
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Added at 15 Ok Reg 3033,
				eff 7-15-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 28 - Storage Tank Advisory Council › Subchapter 1 - General Provisions › Section 165:28-1-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2415, eff 7-1-96 ; Revoked at 30 Ok Reg
					 592, eff 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 28 - Storage Tank Advisory Council › Subchapter 1 - General Provisions › Section 165:28-1-2 - Scope [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2415, eff 7-1-96 ; Revoked at 30 Ok Reg
					 592, eff 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 28 - Storage Tank Advisory Council › Subchapter 1 - General Provisions › Section 165:28-1-3 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2415, eff 7-1-96 ; Revoked at 30 Ok Reg
					 592, eff 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 28 - Storage Tank Advisory Council › Subchapter 1 - General Provisions › Section 165:28-1-4 - Description of Council [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2415, eff 7-1-96 ; Revoked at 30 Ok Reg
					 592, eff 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 28 - Storage Tank Advisory Council › Subchapter 1 - General Provisions › Section 165:28-1-5 - Administration [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2415, eff 7-1-96 ; Revoked at 30 Ok Reg
					 592, eff 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 28 - Storage Tank Advisory Council › Subchapter 1 - General Provisions › Section 165:28-1-6 - Meetings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2415, eff 7-1-96 ; Revoked at 30 Ok Reg
					 592, eff 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 28 - Storage Tank Advisory Council › Subchapter 1 - General Provisions › Section 165:28-1-7 - Public forum procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2415, eff 7-1-96 ; Revoked at 30 Ok Reg
					 592, eff 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 28 - Storage Tank Advisory Council › Subchapter 3 - Rulemaking › Section 165:28-3-1 - Rulemaking procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2415, eff 7-1-96 ; Revoked at 30 Ok Reg
					 592, eff 7-1-13
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 1 - PURPOSE AND STATUTORY AUTHORITY › Section 165:29-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to provide a comprehensive
					 program for the regulation of petroleum storage tank systems in Oklahoma to
					 prevent, contain, abate, and remove contamination harmful to the public health,
					 safety, welfare and the environment.
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff
					 5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 1 - PURPOSE AND STATUTORY AUTHORITY › Section 165:29-1-2 - Contents

Current through Vol. 41, No. 20, July 1, 2024
This Chapter sets forth specific requirements for
					 corrective action of releases including the investigation , site assessment,
					 cleanup, public notice, and monitoring of systems .
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff
					 5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 1 - PURPOSE AND STATUTORY AUTHORITY › Section 165:29-1-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
										42 U.S.C.A. §
											6991 et seq., allows Oklahoma to apply for
				  state program approval by the United States Environmental Protection Agency
				  ("EPA"). EPA initially approved Oklahoma's petroleum storage tank program on
				  August 12, 1992 and again on March 12, 2018.
(b) 17 O.S. § 305 authorizes the
				  Commission to administer Subtitle I of Title VI of the Solid Waste Disposal Act
				  (
				  42 U.S.C.A. §
											6901 et seq.).
(c) 17 O.S. § 306 requires the
				  Commission to promulgate and enforce rules to carry out the provisions of the
				  Oklahoma Petroleum Storage Tank Consolidation Act (17 O.S. § 301 et seq.).
(d) The Commission has
				  jurisdiction over storage tanks that contain antifreeze, motor oil, motor fuel,
				  gasoline, kerosene, diesel, or aviation fuel.
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff
					 5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 5 - SCOPE OF RULES › Section 165:29-1-21 - Overview of applicability and enforcement

Current through Vol. 41, No. 20, July 1, 2024
This Chapter applies to the containment, control,
					 abatement, and removal of releases of regulated substances from any petroleum
					 storage tank system that causes pollution harmful to the public health, safety
					 , welfare and the environment of the State of Oklahoma, regardless of whether
					 the release occurs within or outside of the State.
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff
					 5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 7 - NATIONAL INDUSTRY CODES › Section 165:29-1-31 - Sources of standards

Current through Vol. 41, No. 20, July 1, 2024
The standards referenced in this Chapter are available for
					 inspection at the Petroleum Storage Tank Division offices during regular
					 business hours and from the following sources:
(1) American Petroleum Institute (API), 1220
				  L. Street, N.W., Washington, D.C. 20005-4070. Telephone (202) 682-8375.
(2) National Association of
				  Corrosion Engineers (NACE), P.O. Box 218340, Houston, Texas 77218-8340.
				  Telephone (281) 228-6200.
(3)
				  National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy,
				  Massachusetts 02269-9101. Telephone (800) 344-3555.
(4) American Society for Testing and
				  Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania
				  19428-2959. Telephone (610) 832-9585.
(5) Underwriter's Laboratory (UL), 333
				  Pfingston Road, Northbrook, Illinois 60062-2096. Telephone (847) 272-8800, ext.
				  42612.
(6) Petroleum Equipment
				  Institute (PEI), P.O. Box 2380, Tulsa, Oklahoma 74101-2380. Telephone (918)
				  494-9696.
(7) Steel Tank Institute
				  (STI), 570 Oakwood Road, Lake Zurich, Illinois 60047. Telephone (847) 438-8265.
(8) American Society of Mechanical
				  Engineers (ASME/ANSI), 22 Law Drive, P.O. Box 2300, Fairfield, New Jersey
				  07007-2300. Telephone (800) 843-2763.
(9) National Ground Water Association, 601
				  Dempsey Road, Westerville, Ohio 43081. Telephone (800) 551-7379.
(10) United States Environmental Protection
				  Agency
(A) National Service Center for
				  Environmental Publications (NSCEP), Box 42419, Cincinnati, Ohio 45242.
				  Telephone (800) 490-9198.
(B)
				  Office of Underground Storage Tanks (OUST), 1200 Pennsylvania Avenue N.W., Mail
				  Code 5401G, Washington, DC 20460. Telephone (800) 424-9346.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 7 - NATIONAL INDUSTRY CODES › Section 165:29-1-32 - Incorporated codes and standards

Current through Vol. 41, No. 20, July 1, 2024
Specific references to documents listed in (1) through
					 (13) below are made throughout this Chapter. Each of these documents or parts
					 thereof are adopted and incorporated by reference as standards, but only to the
					 extent that they are specifically referenced in this Chapter. These rules will
					 supercede in any conflict between these rules and any standard. These codes and
					 standards will be updated periodically through a formal rulemaking procedure
					 initiated by PSTD to reflect any substantive or relevant changes.
(1) National Fire Protection Association
				  Standards:
(A) Standard Number 30, 2018,
				  "Flammable and Combustible Liquids Code."
(B) Standard Number 329, 2018, "Handling
				  Releases of Flammable and Combustible Liquids and Gases."
(C) Standard Number 385, 2012, "Tank Vehicles
				  for Flammable and Combustible Liquids."
(D) Standard Number 326, 2015, "Safeguarding
				  of Tanks and Containers for Entry, Cleaning or Repair."
(E) Standard Number 30A, 2015, "Motor Fuel
				  Dispensing Facilities and Repair Garages."
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 9 - NOTIFICATION AND REPORTING REQUIREMENTS [Revoked] › Section 165:29-1-41 - General reporting requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg
					 2317, eff 6-26-00; Revoked at 18 Ok Reg 1085, eff
					 5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 9 - NOTIFICATION AND REPORTING REQUIREMENTS [Revoked] › Section 165:29-1-42 - Releases [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg
					 2317, eff 6-26-00; Revoked at 18 Ok Reg 1085, eff
					 5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 9 - NOTIFICATION AND REPORTING REQUIREMENTS [Revoked] › Section 165:29-1-43 - Sampling, testing, and monitoring results [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg
					 2317, eff 6-26-00; Revoked at 18 Ok Reg 1085, eff
					 5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 9 - NOTIFICATION AND REPORTING REQUIREMENTS [Revoked] › Section 165:29-1-44 - Corrective action [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg
					 2317, eff 6-26-00; Revoked at 18 Ok Reg 1085, eff
					 5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 1 - RELEASE PROHIBITION, REPORTING, AND INVESTIGATION › Section 165:29-3-1 - Release prohibition

Current through Vol. 41, No. 20, July 1, 2024
The intentional release of regulated substances from an
					 underground storage tank or system is strictly prohibited. No person shall
					 knowingly allow a confirmed or suspected release of regulated substances from
					 an underground storage tank or system to continue without investigation and
					 reporting as required by this Chapter. Owners, and operators, their employees
					 or agents of underground storage tank systems, as well as persons who transport
					 regulated substances must ensure that spills and overfills do not occur.
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg
					 1785, eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 1 - RELEASE PROHIBITION, REPORTING, AND INVESTIGATION › Section 165:29-3-4 - Activation of a case [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg
					 2317, eff 6-26-00; Revoked at 18 Ok Reg 1085, eff
					 5-11-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-71 - General applicability; exception

Current through Vol. 41, No. 20, July 1, 2024
(a) Every owner or
				  operator of a petroleum storage tank system must, in response to a confirmed
				  release from a petroleum storage tank system, comply with the requirements of
				  this Part, with the exception of those systems excluded from regulation in OAC
				  165:25 and 165:26.
(b) All work
				  associated with the assessment, characterization, investigation, remedial
				  action, and closure from a release or suspected release of a regulated
				  substance should be pre-approved by PSTD.
(c) Upon confirmation of a release, or after
				  a release from the petroleum storage tank system is identified, the owner or
				  operator must perform the following initial response actions:
(1) Report the release to PSTD using the link
				  provided on the release reporting tab located on PSTD's webpage on the
				  Commission website; by email at PSTReleaseReporting@occ.ok.gov; by telephone at
				  405-521-4683 or 1-888-621-5878. If after hours, or on weekends or holidays call
				  the PSTD emergency number at 405-823-0994.
(2) Take immediate action to prevent any
				  further release of the regulated substance into the environment, and prove that
				  any system still containing fuel is tight by having a system tightness test
				  performed.
(3) Identify and mitigate
				  any fire, explosion, and vapor hazards.
(4) Remove free product to the extent
				  practicable as determined by PSTD while continuing, as necessary, any actions
				  required by this Subchapter.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-72 - Prescribed format

Current through Vol. 41, No. 20, July 1, 2024
All reporting for investigating and corrective action
					 requirements must be in accordance with a format established by
					 PSTD.
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg
					 1785, eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-73 - Initial response

Current through Vol. 41, No. 20, July 1, 2024
Upon confirmation of a release or after a release from a
					 petroleum storage tank system is identified in any other manner, the owner or
					 operator must perform the following initial response actions within 24 hours of
					 a release:
(1) Report the release to
				  the PSTD either by telephone, electronic mail.
(2) Take and document immediate action to
				  prevent any further release of the regulated substance into the environment.
(3) Identify any fire, explosion,
				  and vapor hazards and mitigate them immediately.
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg
					 1785, eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-74 - Initial abatement measures and site check

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless directed to do otherwise by PSTD,
				  the owner or operator must perform the following abatement measures:
(1) Remove as much of the regulated substance
				  from the leaking petroleum storage tank system as is necessary to prevent
				  further release to the environment.
(2) Visually inspect the petroleum storage
				  tank system for any aboveground releases or exposed below-ground releases and
				  prevent further migration of the released substance into surrounding soils and
				  the waters of the state.
(3)
				  Continue to monitor and mitigate any additional fire and safety hazards posed
				  by vapors or free product that have migrated from the petroleum storage tank
				  system excavation zone and entered into subsurface structures such as sewers or
				  basements.
(4) Remedy hazards posed
				  by impacted soils that are excavated or exposed as a result of release
				  confirmation, site investigation, abatement, or corrective action activities.
				  All remedies, including but not limited to treatment or disposal of soils, must
				  comply with applicable state and local requirements where applicable.
(5) Measure for the presence of a release
				  where the released regulated substances are most likely to be present at the
				  petroleum storage tank site, unless the presence and source of the release have
				  been confirmed in accordance with the site check or the closure site
				  assessment. In selecting sample types, sample locations and measurement
				  methods, the owner and/or operator must consider the nature of the stored
				  substance, the type of backfill, the depth to groundwater and other factors
				  appropriate for identifying the presence and source of the release. Unless
				  directed to do otherwise by PSTD, the owner or operator must analyze for the
				  Chemicals of Concern (COCs) using approved analytical methods. For sites where
				  used oil is involved, as determined through TPH analysis, TCLP analysis for
				  metals, semi-volatiles and volatiles may be required. The selected analytical
				  method must be able to detect concentrations of Chemicals of Concern below
				  action levels. In addition, if a release occurs from any PSTD regulated
				  petroleum storage tank system that is contaminated or combined with a
				  non-regulated substance, the cleanup requirements for that particular release
				  will be determined by DEQ.
(6)
				  Investigate to determine the presence and amount of free product.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-75 - Initial Site Characterization and Corrective Action Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless
				  otherwise directed by the PSTD, the owner or operator must assemble information
				  about the site and the nature of the release, including information obtained
				  while confirming the release or completing the abatement measures. The report
				  must include, but is not necessarily limited to, the following:
(1) Data on the nature and estimated quantity
				  of the release.
(2) Data from
				  available sources and/or site investigations concerning the following factors:
(A) Surrounding populations.
(B) Water quality (regional).
(C) Use and approximate locations of water
				  wells, basements, storm cellars, and all subsurface crawl spaces potentially
				  affected by the release within 330 feet from the source, and any wellhead
				  protection delineations.
(D)
				  Subsurface soil conditions.
(E)
				  Locations and depths of subsurface utilities and petroleum storage tank
				  systems.
(F) Climatological
				  conditions.
(G) Land use.
(H) Depth to and quality of groundwater
				  (site-specific).
(I) Latitude and
				  longitude of the center of the tankpit to the nearest second.
(3) Results of the site check
				  and/or the closure site assessment required by
				  165:29-3-65.
(4) Results of the free product
				  investigations.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 5 - CORRECTIVE ACTION REQUIREMENTS › Section 165:29-3-77 - Classification and prioritization [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg
					 2317, eff 6-26-00; Revoked at 18 Ok Reg 1085, eff
					 5-11-01