reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0080 - Certification of Financial Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
The applicant receiving a grant under these rules shall comply
				with the financial responsibility requirements of OAR Chapter 340, Division
				174.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented:OL 1991, Ch. 863, Sec.
				  7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0110 - Appeal Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant may appeal deter-minations by the Department under
				these rules, in accordance with OAR
				340-172-0110,
				by sending a written request for a formal contested case hearing within 20 days
				after the Department awards or denies financial assistance.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented:OL 1991, Ch. 863, Sec.
				  7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 176 - UNDERGROUND STORAGE TANK LOAN GUARANTEE › Section 340-176-0005 - Authority, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules are promulgated in accordance with and under the authority of ORS
			 466.706 through 466.835 as amended by Chapter 863, Oregon Laws, 1991 (Senate
			 Bill 1215). These rules are in addition to OAR Chapter 340, Division
			 172.
(2) The purpose of these rules
			 is to:
(a) Provide for the regulation of
			 persons who receive loan guarantees for UST project work at UST facilities
			 holding or that previously held an accumulation of motor fuel for resale;
			 and
(b) Provide for the regulation
			 of commercial lending institutions who issue guaranteed UST loans.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 176 - UNDERGROUND STORAGE TANK LOAN GUARANTEE › Section 340-176-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 in OAR
			 340-172-0010  and the
			 following definition apply to these rules.
(2) "Collection Expenses" means out of pocket
			 expenses, attorney fees, administrative expenses, filing fees, recording fees,
			 and other expenses related to collection of unpaid loan monies.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented:ORS 466.706 & OL 1989, Ch.
				  1071
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 176 - UNDERGROUND STORAGE TANK LOAN GUARANTEE › Section 340-176-0030 - General Provisions, Guaranteed Underground Storage Tank Facility Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The guaranteed
			 loan must be issued by a commercial lending institution as defined in OAR
			 Chapter 340, Division 172.
(2)
			 Grant funds, described in OAR Chapter 340, Division 175, may not be used to pay
			 either the principal or interest portion of the guaranteed loan.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1989, Ch.
				  1071
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 176 - UNDERGROUND STORAGE TANK LOAN GUARANTEE › Section 340-176-0040 - Application for Underground Storage Tank Loan Guarantee

Current through Register Vol. 63, No. 7, July 1, 2024
Any person wishing to apply for a loan guarantee under these
				rules shall submit a written application in accordance with OAR Chapter 340,
				Division 172.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1989, Ch.
				  1071
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 176 - UNDERGROUND STORAGE TANK LOAN GUARANTEE › Section 340-176-0060 - Loan Guarantee Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with this part, the
			 Department shall issue a loan guarantee certificate to an applicant who has
			 filed a complete application and meets the requirements of OAR Chapter 340,
			 Division 172 and this Division.
(2)
			 Only one loan guarantee certificate shall be issued for each facility location.
			 All tanks at a facility location shall be covered by the loan guarantee
			 certificate.
(3) An applicant may
			 receive a loan guarantee certificate for more than one facility
			 location.
(4) The loan applicant
			 may not assign any right, title, and interest in the loan guarantee certificate
			 to any person other than a subsequent property owner, tank owner or permittee
			 of the underground storage tank facility.
(5) Loan guarantee certificates shall be
			 valid for one year from the date of issue. A certificate may be renewed subject
			 to availability of funds from the USTCCA fund.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1989, Ch.
				  1071
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 176 - UNDERGROUND STORAGE TANK LOAN GUARANTEE › Section 340-176-0070 - Loan Guarantee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall issue a loan guarantee confirmation letter of 80 percent of
			 the loan principal, not to exceed $80,000, to a commercial lending institution
			 for a loan to provide UST project work where:
(a) A loan guarantee certificate has been
			 issued to the loan applicant;
(b)
			 The loan guarantee does not provide a guarantee for work other than UST project
			 work;
(c) The interest rate is
			 fixed and the loan is amortized with equal payments over the term of the loan.
NOTE:
To assure that funds are available from the
				UST Compliance and Corrective Action Fund (USTCCA Fund) to pay loan guarantees
				during the life of the loan, it is necessary for most loans to have equal
				payments over the term of the loan. The Department, however, recognizes that
				the lending policies may differ between commercial lending institutions and may
				differ between individual loans, particularly during construction. The
				Department expects that equal loan payments will start after construction is
				complete. The Department is willing to consider other loan arrangements and
				other loan repayment schedules subsequent to the initial loan, such as multiple
				loans and loan refinancing where USTCCAF monies are available to pay loan
				guarantees, upon default, in full. Each new loan arrangement may be approved by
				the Department on a case by case basis. The final maturity date of the loan may
				not exceed 20 years from the initial note date.
(d) The maturity date of the loan does not
			 exceed 20 years from the initial loan closing date;
(e) The commercial lending institution has
			 approved the loan, subject to receiving the loan guarantee confirmation letter
			 from the Department; and
(f) The
			 loan applicant or the commercial lending institution has provided the terms of
			 the loan to the Department. The terms of the loan shall include but are not
			 limited to:
(A) Amount of loan
			 principal;
(B) Amount and period of
			 payment;
(C) Fixed interest rate;
			 and
(D) The term of the loan from
			 the initial note date.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 176 - UNDERGROUND STORAGE TANK LOAN GUARANTEE › Section 340-176-0080 - Notice of Default on a Guaranteed Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any commercial lending institution
			 wishing to obtain payment from the Department under the Department's loan
			 guarantee shall provide the following:
(a)
			 Written notice from the commercial lending institution in the form of a demand
			 for payment of the loan guarantee, stating:
(A) The guaranteed loan to the borrower is in
			 default;
(B) The commercial lending
			 institution has made a good faith effort to work with the borrower, using the
			 institution's established procedures, to bring the loan back into good
			 standing;
(C) Demand for payment in
			 full has been made to the borrower by the commercial lending institution;
			 and
(D) The borrower has not paid
			 the loan in full.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 176 - UNDERGROUND STORAGE TANK LOAN GUARANTEE › Section 340-176-0090 - Appeal Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant may appeal determinations by the Department under
				these rules, in accordance with OAR
				340-172-0110,
				by sending a written request for a formal contested case hearing within 20 days
				after the Department awards or denies financial assistance.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1989, Ch.
				  1071
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 177 - RESIDENTIAL HEATING OIL UNDERGROUND STORAGE TANKS › Section 340-177-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
This Division specifies requirements for the cleanup of
				releases of petroleum from underground heating oil tanks, technical standards
				for the voluntary decommissioning of underground heating oil tanks, and
				requirements for submittal of technical reports that have been certified by
				licensed service providers.
Stat. Auth.: ORS 465.200 - ORS 465.320, ORS 466.706 & ORS
				  466.850 - ORS 466.870
Stats. Implemented: ORS 465.400, ORS 465.405, ORS 466.706,
				  ORS 466.855 & ORS 466.870
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 177 - RESIDENTIAL HEATING OIL UNDERGROUND STORAGE TANKS › Section 340-177-0055 - Cleanup and Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 72 hours after a confirmed release
			 of petroleum from an underground heating oil tank is identified, the licensed
			 service provider or supervisor must report the release to the Department by
			 telephone or in writing, in accordance with OAR
			 340-163-0020(4).
			 The Department will assign a "site identification" or "log" number for each
			 release, which will serve as confirmation of reporting. If work on the tank is
			 being performed by the tank owner, the tank owner is responsible for the
			 required notification to the Department.
(2) The responsible person must take the
			 following initial abatement actions for any release which has or may result in
			 a sheen on surface water or groundwater, any below-ground release, any
			 above-ground release in excess of 25 gallons, or any above-ground release of
			 less than 25 gallons if the responsible person is unable to contain or clean up
			 the release within 24 hours:
(a) Take
			 immediate action to prevent any further release of heating oil into the
			 environment; and
(b) Identify and
			 mitigate any fire or safety hazards posed by vapors or free product.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 177 - RESIDENTIAL HEATING OIL UNDERGROUND STORAGE TANKS › Section 340-177-0065 - Cleanup Options and Technical Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Depending on the extent of contamination
			 and other relevant factors, the responsible person must determine which type of
			 cleanup option is best suited for the release, using the following:
(a) Soil Matrix, OAR
			 340-122-0320  through
			 340-122-0360;
(b) Risk-Based, OAR
			 340-122-0244  and Corrective Action Plan,
			 340-122-0250;
			 or
(c) Generic Remedy, as approved
			 by the Department pursuant to OAR
			 340-122-0252  and
			 as applicable to residential heating oil tank releases.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 177 - RESIDENTIAL HEATING OIL UNDERGROUND STORAGE TANKS › Section 340-177-0095 - Certified Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 tank owner, or service provider on owner's behalf, must submit certified
			 project reports and receive approval from the Department for heating oil tank
			 services performed at underground heating oil tank sites. This applies to the
			 following projects:
(a) Decommissioning
			 projects where the tank owner voluntarily requests Department approval;
			 and
(b) All underground heating oil
			 tank cleanup projects.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 178 - UNDERGROUND STORAGE TANK REDUCED INTEREST RATE LOANS › Section 340-178-0005 - Authority, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules are promulgated in accordance with and under the authority of ORS
			 466.706 through 466.835 as amended by Chapter 863, Oregon Laws, 1991 (Senate
			 Bill 1215). These rules are in addition to OAR Chapter 340, Division
			 172.
(2) The purpose of these rules
			 is to:
(a) Provide for the regulation of
			 persons who receive reduced interest rate loans for UST project work;
(b) Provide assistance to owners of
			 underground storage tanks regulated by ORS 466.706 to 466.835 and federal
			 regulation
40 CFR 280
; and
(c) Provide for the regulation of commercial
			 lending institutions who issue reduced interest rate loans for UST project
			 work.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 178 - UNDERGROUND STORAGE TANK REDUCED INTEREST RATE LOANS › Section 340-178-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in OAR
				340-172-0010  apply to
				these rules.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented:ORS 466.706, OL 1989, Ch. 1071 & OL
				  1991, Ch. 863
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 178 - UNDERGROUND STORAGE TANK REDUCED INTEREST RATE LOANS › Section 340-178-0020 - Reduced Interest Rate Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person qualifying for Tier 1, 2, 3,
			 or 4 UST financial assistance under OAR Chapter 340, Division 172 will qualify
			 for a reduced interest rate where the person receives a loan for UST project
			 work from a commercial lending institution.
(2) In addition to the requirements of
			 section (1) of this rule:
(a) A person
			 qualifying for Tier 1 financial assistance is eligible to receive a reduced
			 interest rate of 7.5 percent on a loan for the first $100,000 of eligible UST
			 project costs;
(b) A person
			 qualifying for Tier 2 financial assistance is eligible to receive a reduced
			 interest rate of 5.0 percent on a loan for the first $100,000 of eligible UST
			 project costs;
(c) A person
			 qualifying for Tier 3 financial assistance is eligible to receive a reduced
			 interest rate of 3.0 percent on a loan for the first $100,000 of eligible UST
			 project costs; and
(d) A person
			 qualifying for Tier 4 financial assistance is eligible to receive a reduced
			 interest rate of 1.5 percent on a loan for the first $100,000 of eligible UST
			 project costs.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 178 - UNDERGROUND STORAGE TANK REDUCED INTEREST RATE LOANS › Section 340-178-0030 - General Provisions, Interest Rate Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Commercial lending institutions making
			 loans for UST project work may qualify to receive an interest rate payment from
			 the USTCCA Fund.
(2) The interest
			 rate payment shall be paid to the lender quarterly in arrears, and shall equal
			 the difference in finance charges between the borrower's rate and the lender's
			 rate. The borrower's rate shall equal the total finance charges charged to the
			 borrower by the lender during a calendar quarter, including interest on the
			 loan at the rate shown on the reduced interest rate certificate as the
			 borrower's rate, and interest charged the borrower on any loan fee. The
			 commercial lending institution shall select the method of calculation the
			 lender's rate from subsection (a) or (b) of this section, and shall notify the
			 Department of the selection prior issuing the loan. Once selected, the lender
			 may not change the method of calculating the lender's rate. The lender's rate,
			 as calculated in subsections (a) and (b) of this section, shall be deemed to
			 equal the total finance charges which would have been charged to the borrower
			 during the calendar quarter by the lender, including interest on the loan and
			 any loan fee:
(a) Fixed Rate Option. Under
			 the fixed rate option, the lender's rate shall remain constant throughout the
			 life of the loan. The lender's rate shall be an annual rate equal to the sum of
			 the ten year Treasury constant maturities interest rate for the week
			 immediately preceding the date of the initial note, plus the following:
(A) Three percent (3.0%) for loans with a
			 term which does not exceed four years;
(B) Three and one quarter percent (3.25%) for
			 loans with a term which is more than four years and does not exceed eight
			 years;
(C) Three and three quarter
			 percent (3.75%) for loans with a term which is more than eight years and does
			 not exceed 12 years;
(D) Four and
			 one half percent (4.5%) for loans with a term which is more than 12 years and
			 does not exceed 16 years;
(E) Five
			 and one half percent (5.5%) for loans with a term which is more than 16 years
			 and does not exceed 20 years; or
(F) Six and three quarters percent (6.75%)
			 for loans with a term of exactly 20 years.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 178 - UNDERGROUND STORAGE TANK REDUCED INTEREST RATE LOANS › Section 340-178-0040 - Application for Reduced Interest Rate Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
Any person wishing to obtain a Reduced Interest Rate
				Certificate for a loan for UST project work shall submit a written application
				in accordance with OAR Chapter 340, Division 172 and these
				rules.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 6 &
				  6a
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 178 - UNDERGROUND STORAGE TANK REDUCED INTEREST RATE LOANS › Section 340-178-0050 - Reduced Interest Rate Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with this division, the
			 Department shall issue a reduced interest rate certificate to an applicant who
			 has filed a complete application and meets the requirements of OAR Chapter 340,
			 Division 172 and this division.
(2)
			 Funds collected and deposited into the Underground Storage Tank Compliance and
			 Corrective Action Fund may be used to make reduced interest rate payments. The
			 Department will pay to the lender all valid claims for interest rate payments
			 to the commercial lending institutions against UST Reduced Interest Rate
			 Confirmation letter. A lender can claim reduced interest rate payment on a
			 calendar quarter basis.
(3) The
			 applicant may not assign any right, title, and interest in the reduced interest
			 rate certificate or confirmation letter to any person other than a subsequent
			 property owner, tank owner or permittee of the underground storage tank
			 facility.
(4) UST Reduced Interest
			 Rate Certificates shall be valid for one year from the date of issue. A
			 certificate may be renewed subject to availability of funds from the USTCCA
			 fund.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 6 &
				  6a
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 178 - UNDERGROUND STORAGE TANK REDUCED INTEREST RATE LOANS › Section 340-178-0060 - Interest Rate Payment Confirmation

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall issue an interest rate payment
				confirmation letter to a lender where the lender has provided a loan to provide
				UST project work where:
(1) A reduced
			 interest rate certificate has been issued to the loan applicant;
(2) The borrower's interest rate and the
			 lender's interest rate meet the requirements of these rules;
(3) The maturity date of the loan does not
			 exceed 20 years from the initial loan closing date;
(4) The commercial lending institution has
			 approved the loan, subject to receiving the loan guarantee confirmation letter
			 from the Department; and
(5) The
			 lender's interest rate has been provided to the Department.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 6 &
				  6a
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 178 - UNDERGROUND STORAGE TANK REDUCED INTEREST RATE LOANS › Section 340-178-0070 - Notice of Default or Termination

Current through Register Vol. 63, No. 7, July 1, 2024
Any commercial lending institution administering a reduced
				interest rate loan under this Division shall notify the Department in writing
				within 30 days after loan default or termination.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 6 &
				  6a
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 178 - UNDERGROUND STORAGE TANK REDUCED INTEREST RATE LOANS › Section 340-178-0080 - Appeal Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant may appeal determinations by the Department under
				these rules, in accordance with OAR
				340-172-0110,
				by sending a written request for a formal contested case hearing within 20 days
				after the Department issues a reduced interest rate certificate or denies a
				reduced interest rate application.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 6 &
				  6a
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0005 - Authority, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules are promulgated in accordance with and under the authority of ORS
			 466.706 through 466.835 andORS 466.895 through 466.995 as amended by Chapter
			 1071, Oregon Laws, 1989 (House Bill 3080) and Chapter 863, Oregon Laws, 1991
			 (Senate Bill 1215).
(2) The purpose
			 of these rules is to provide for the regulation of:
(a) Persons who receive guaranteed loans for
			 soil remedi-ation, upgrading of underground storage tanks, and replacement of
			 underground storage tanks where the underground storage tanks contain motor
			 fuel and are regulated byORS 466.706 through 466.835 andORS 466.895 through
			 466.995; to provide assistance to owners of underground storage tanks in
			 meeting Environmental Protection Agency requirements and obtaining financial
			 responsibility coverage; and
(b)
			 Commercial lending institutions who issue guaranteed underground storage tank
			 loans.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Collection Expenses" means out of pocket
			 expenses, attorney fees, administrative expenses, filing fees, recording fees,
			 and other expenses.
(2) "Commercial
			 Lending Institution" means any bank, mortgage banking company, trust company,
			 stock savings bank, saving and loan association, credit union, national banking
			 association, federal savings and loan association or federal credit union
			 maintaining an office in this state.
(3) "Commission" means the Environmental
			 Quality Commission.
(4) "Corrective
			 Action" means remedial action taken to protect the present or future public
			 health, safety, welfare, or the environment from a release of a regulated
			 substance. "Corrective action" includes but is not limited to:
(a) The prevention, elimination, removal,
			 abatement, control, minimization, investigation, assessment, evaluation or
			 monitoring of a hazard or potential hazard or threat, including migration of a
			 regulated substance; or
(b)
			 Transportation, storage, treatment or disposal of a regulated substance or
			 contaminated material from a site.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0020 - Distribution Priority of Funds for Loan Guarantee Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A portion of the funds in the Underground
			 Storage Tank Compliance and Corrective Action Fund during each individual month
			 shall be assigned by the Department to pay for the expenses of providing loan
			 guarantees to commercial lending institutions for loans that fund soil
			 remediation, UST upgrading, and UST replacement at facilities that contain an
			 accumulation of motor fuel. Loan guarantees shall be approved giving first
			 priority to earliest received complete application then giving priority in
			 accordance with the numerical ranking system described in this
			 section.
(2) In order to determine
			 the numerical ranking, the loan application must first be evaluated by:
(a) Assigning a numerical score to each of
			 the parameters in section (4) of this rule; and
(b) Totaling the parameter scores to arrive
			 at the Total Score.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0030 - General Provisions Guaranteed Underground Storage Tank Facility Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Property
			 owners, tank owners, and permittees of a UST facility that contains motor fuel
			 may qualify to receive a guaranteed loan for soil remediation, UST upgrading,
			 and UST replacement.
(2) The
			 applicant for a guaranteed loan shall provide a minimum down payment of 20
			 percent.
(3) The guaranteed loan
			 must be issued by a commercial lending institution.
(4) The loan guarantee provided by the
			 Department may be up to 80 percent of the loan principal, not to exceed $64,000
			 at any facility location.
NOTE:
For example, for a $50,000 UST project, the
				applicant must provide a minimum 20 percent down payment ($10,000), the
				commercial lending institution may loan the remaining 80 percent ($40,000), and
				the Department may only guarantee 80 percent of the amount of money loaned. In
				this case the loan guarantee would be $32,000.
(5) Loan guarantees shall be issued in a
			 priority order, in accordance with OAR
			 340-180-0020  and
			 340-180-0060.
(6) Only one loan guarantee may be issued to
			 each facility.
(7) The loan
			 guarantee is limited to work for soil remediation at a facility where USTs
			 contain motor fuel and work to upgrade or replace the underground storage tank
			 systems containing an accumulation of motor fuel located at a facility where:
(a) The USTs are regulated by OAR Chapter
			 340, Division 150;
(b) UST system
			 upgrading, retrofitting and replacement is performed by licensed service
			 providers in accordance with OAR
			 340-160-0005  through
			 340-160-0150;
(c) UST tightness testing and/or soil
			 assessment was performed prior to issuance of a loan guarantee;
(d) Performance of UST tightness testing
			 and/or soil assessment was in accordance with OAR
			 340-170-0010  through
			 340-170-0080;
(e) Each regulated underground storage tank
			 has a valid UST permit; and
(f)
			 Work started after September 1, 1989 and is completed by August 31.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0040 - Application for Underground Storage Tank Loan Guarantee Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 wishing to apply for a loan guarantee certificate for an underground storage
			 tank loan shall submit a written application on a form provided by the
			 Department. Applications shall be submitted within 180 days after completion of
			 the UST tightness testing and/or soil assessment. All applications must be
			 complete.
(2) Applications which
			 are unsigned or which do not contain the required exhibits (clearly identified)
			 will not be accepted by the Department and will be promptly returned to the
			 applicant for completion. The application will not be considered complete until
			 the requested information is received. The application will be considered to be
			 withdrawn if the applicant fails to submit the requested information within 180
			 days of the request.
(3)
			 Applications which are complete will be accepted by the Department for
			 processing.
(4) Within 30 days
			 after the application is determined complete, the Department will:
(a) Assign a priority category; and
(b) Establish a loan guarantee
			 amount.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0060 - Loan Guarantee Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with this part, the
			 Department shall issue a loan guarantee certificate to an applicant who has
			 filed a complete application.
(2)
			 At the beginning of each month the Department shall determine the portion of
			 the funds in the Underground Storage Tank Compliance and Corrective Action Fund
			 that shall be used for the expenses of approved loan guarantee applications
			 during the month. The portion dedicated to the loan guarantee expenses shall be
			 distributed in the following manner:
(a)
			 Sixty percent of the month funds shall be set aside for the expenses of
			 category "A" loan guarantees;
(b)
			 Thirty percent of the month funds shall be set aside for the expenses of
			 category "B" loan guarantees;
(c)
			 Ten percent of the month funds shall be set aside for the expenses of category
			 "C" loan guarantees;
(d) Funds set
			 aside within a category during any month shall be used to provide loan
			 guarantee certificates for loan applications received during the previous
			 month, first providing loan guarantee certificates to applications with the
			 highest numerical ranking within the category, then to applications with the
			 next highest numerical ranking within the category, and so on in numerical
			 order, except:
(A) Within a category, any
			 loan guarantee application not receiving a loan guarantee certificate during a
			 month shall receive a loan guarantee certificate before any new application
			 received during any subsequent month;
(B) Where loan applications have the same
			 numerical ranking, the loan application with the earliest filing date shall
			 receive a loan guarantee certificate first.
(e) At the end of the month, funds not used
			 to provide loan guarantee certificates shall be added to the funds the
			 Department makes available during the next month;
(f) Loan guarantee applications within a
			 category that do not receive a loan guarantee certificate within the current
			 month shall be funded first in time and in priority order within that category
			 during the following month, and so on in subsequent months.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0070 - Loan Guarantee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall issue a loan guarantee, not to exceed the lesser of 80 percent
			 of the loan principal or $64,000, to a commercial lending institution for a
			 loan to provide soil remediation, UST upgrading, and replacement of USTs at a
			 facility containing motor fuel where:
(a) A
			 loan guarantee certificate has been issued to the loan applicant;
(b) The loan guarantee does not provide a
			 guarantee for work other than approved work authorized in OAR
			 340-180-0050;
(c) The loan is amortized with equal payments
			 over the term of the loan where the interest rate is fixed, or with equal
			 principal payments over the term of the loan where the interest rate is
			 variable.
NOTE:
To assure that funds are available from the
				UST Compliance and Corrective Action Fund (USTCCAF) to pay loan guarantees
				during the life of the loan, it is necessary for most loans to have equal
				payments over the term of the loan. The Department, however, recognizes that
				the lending policies may differ between commercial lending institutions and may
				differ between individual loans, particularly during construction. The
				Department expects that equal loan payments will start after construction is
				complete. The Department is willing to consider other loan arrangements and
				other loan repayment schedules subsequent to the initial loan, such as multiple
				loans and loan refinancing where USTCCAF monies are available to pay loan
				guarantees, upon default, in full. Each new loan arrangement may be approved by
				the Department on a case by case basis. The final maturity date of the loan may
				not exceed ten years from the initial note date.
(d) The loan maturity date of the loan does
			 not exceed ten years from the initial closing date;
(e) The commercial lending institution has
			 approved the loan, subject to receiving the loan guarantee from the Department;
			 and
(f) The loan applicant or the
			 commercial lending institution has provided the terms of the loan to the
			 Department. The terms of the loan include but are not limited to:
(A) Amount of loan;
(B) Down payment;
(C) Interest rate; and
(D) The term of the loan from the initial
			 note date.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0080 - Notice of Default on a Guaranteed Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any commercial leading institution
			 wishing to obtain payment from the Department under the Department's loan
			 guarantee shall provide the following:
(a)
			 Written notice from the commercial lending institution in the form of a demand
			 for payment of the loan guarantee, stating:
(A) The guaranteed loan to the borrower is in
			 default;
(B) The commercial lending
			 institution has made a good faith effort to work with the borrower, using the
			 institution's established procedures, to bring the loan back into good
			 standing;
(C) Demand for payment in
			 full has been made to the borrower by the commercial lending institution;
			 and
(D) The borrower has not paid
			 the loan in full.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0100 - Application for Tax Credit Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person wishing to obtain a Tax Credit
			 Certificate for an interest rate subsidy on a loan for soil remediation, UST
			 upgrading, and replacement of UST systems containing motor fuel shall submit a
			 written application on a form provided by the Department.
(2) The underground storage tank loan
			 interest rate subsidy application shall include all information required under
			 OAR
			 340-180-0050(1)(a)
			 through (j).
(3) Applications which are unsigned or which
			 do not contain the required exhibits (clearly identified) will not be accepted
			 by the Department and will be promptly returned to the applicant for
			 completion. The application will not be considered complete until the requested
			 information is received. The application will be considered to be withdrawn if
			 the applicant fails to submit the requested information within 180 days of the
			 request.
(4) Applications which are
			 complete will be accepted by the Department for processing.
(5) Within 30 days after the application is
			 complete for processing, the Department will approve or deny the issuance of a
			 Tax Credit Certificate.
(6) If,
			 upon review of an application, the Department determines that the application
			 does not meet the requirements of the statutes and rules, the Department shall
			 notify the applicant in writing of this determination. Such notification shall
			 constitute final action by the Department on this application.
NOTE:
Work qualifying for the Tax Credit
				Certificate includes:
-1-
Modification, replacement, and installation of
				any portion of the UST system containing motor fuel including replacement of
				paving and structures located immediately over the UST systems.
-2-
Replacement of an underground storage tank
				system with an above ground storage tank system that meets existing state and
				local codes.
-3-
Installation of the underground portion of any
				required Stage I vapor recovery system or anticipated future Stage II vapor
				recovery system.
-4-
Soil remediation for soil contaminated with
				motor fuel including replacing excavated soil, paving and structures that are
				required to be removed during soil remediation.
(7) The Department shall have access to
			 books, documents, papers and records held by the applicant which are directly
			 pertinent to qualifying for the tax credit certificate for the purpose of
			 making audit, examination, excerpts and transcripts. The applicant shall
			 maintain these records for three years after the initial loan date.
Stat. Auth.: ORS 466.706 -ORS 466.995
Stats. Implemented: OL 1989, Ch.
				  1071
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0110 - Tax Credit Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In accordance with this part, the Department shall issue a tax credit
			 certificate to an applicant who has filed a complete application.
(2) Funds collected and deposited into the
			 Underground Storage Tank Compliance and Corrective Action Fund may be used to
			 pay this Oregon income tax credit. The Department will pay to the Oregon
			 Department of Revenue, no less than once each quarter year, all valid income
			 tax credits claimed for interest rate reimbursement by the commercial lending
			 institutions against Underground Storage Tank Tax Credit
			 Certificates.
(3) Tax credit
			 certificates shall be issued on a first come first serve basis. The application
			 with the earliest filing date shall receive a tax credit certificate
			 first.
(4) The applicant may not
			 assign any right, title, and interest in the tax credit certificate to any
			 person other than a subsequent property owner, tank owner or permittee of the
			 underground storage tank facility.
(5) Tax credit certificates shall be valid
			 for 180 days or the termination date shown on the tax credit
			 certificate.
Stat. Auth.: ORS 466.706 -ORS 466.995
Stats. Implemented: OL 1989, Ch.
				  1071
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 180 - UNDERGROUND STORAGE TANK LOAN GUARANTEE AND INTEREST RATE SUBSIDY PROGRAM › Section 340-180-0120 - Notice of Compliance for Soil Remediation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person wishing to obtain a written
			 notice of compliance for soil remediation shall submit a written application on
			 a form provided by the Department. The application shall include:
(a) The name and mailing address of the
			 applicant;
(b) The signature of the
			 applicant;
(c) The UST facility
			 name and location;
(d) The UST
			 permit numbers;
(e) The date of the
			 application;
(f) The completion
			 date of the soil remediation;
(g)
			 Description, including a sketch showing, but not limited to, property
			 boundaries, location of structures, location and identification of tanks
			 including tank contents, and identification of soil assessment sites;
			 and
(h) Findings including, but not
			 limited to, results of laboratory tests, soil matrix calculations, and tank
			 tightness tests.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 200 - GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS › Section 340-200-0010 - Purpose and Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division provides general air pollution procedures and definitions that
			 apply to all air quality rules in OAR 340 divisions 200 through 268.
(2) Divisions 200 through 268 apply in
			 addition to all other rules adopted by the EQC. In cases of apparent conflict
			 between rules within these divisions, the most stringent rule applies unless
			 otherwise expressly stated.
(3)
			 DEQ administers divisions 200 through 268 in all areas of the State of Oregon
			 except when the EQC has designated LRAPA to administer rules within its area of
			 jurisdiction. Subject to, and when provided in divisions 200 through 268, LRAPA
			 is authorized by the EQC as the agency to implement these state rules, and must
			 apply the requirements and procedures contained in these state rules, within
			 its area of jurisdiction. LRAPA may apply any LRAPA rule in lieu of a state
			 rule(s) provided that the LRAPA rule is at least as strict as the state
			 rule(s), LRAPA has submitted the rule to the EQC for its approval, and the EQC
			 has not disapproved the rule.
NOTE:
This rule is included in the State of Oregon
				Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468 &
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 200 - GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS › Section 340-200-0020 - General Air Quality Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 340 divisions 200 through 268, unless
				specifically defined otherwise:
(1)
			 "Act" or "FCAA" means the Federal Clean Air Act,
			 42 U.S.C.A. §
									7401 to
			 7671q.
(2) "Activity" means any process, operation,
			 action, or reaction (e.g., chemical) at a source that emits a regulated
			 pollutant.
(3) "Actual emissions"
			 means the mass emissions of a regulated pollutant from an emissions source
			 during a specified time period as set forth in OAR 340 divisions 214, 220 and
			 222.
(4) "Adjacent", as used in the
			 definitions of major source and source and in OAR 340-216-0070, means
			 interdependent facilities that are nearby to each other.
(5) "Affected source" means a source that
			 includes one or more affected units that are subject to emission reduction
			 requirements or limitations under Title IV of the FCAA.
(6) "Affected states" means all states:
(a) Whose air quality may be affected by a
			 proposed permit, permit modification, or permit renewal and that are contiguous
			 to Oregon; or
(b) That are within
			 50 miles of the permitted source.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 200 - GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS › Section 340-200-0030 - Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2), OAR chapter 340 divisions 200 through 268 do not apply
			 to:
(a) Agricultural operations, including
			 but not limited to:
(A) Growing or harvesting
			 crops;
(B) Raising fowl or
			 animals;
(C) Clearing or grading
			 agricultural land;
(D) Propagating
			 and raising nursery stock;
(E)
			 Propane flaming of mint stubble; and
(F) Stack or pile burning of residue from
			 Christmas trees, as defined in ORS 571.505, during the period beginning October
			 1 and ending May 31 of the following year.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 200 - GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS › Section 340-200-0035 - Reference Materials

Current through Register Vol. 63, No. 7, July 1, 2024
As used in divisions 200 through 268, the following materials
				refer to the versions listed below.
(1) "C.F.R." means Code of Federal
			 Regulations and, unless otherwise expressly identified, refers to the July 1,
			 2020 edition.
(2) The DEQ Source
			 Sampling Manual refers to the November 2018 edition.
(3) The DEQ Continuous Monitoring Manual
			 refers to the March 2015 edition.
[NOTE: This rule is included in the State of Oregon Clean Air
				Act Implementation Plan that EQC adopted under OAR 340-200-0040  with the
				exception of all references to toxic air contaminants and OAR chapter 340,
				division 245.]
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  468.020 & 468A
Statutes/Other Implemented: ORS
				  468A
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 200 - GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS › Section 340-200-0040 - State of Oregon Clean Air Act Implementation Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This implementation plan, consisting of
			 Volumes 2 and 3 of the State of Oregon Air Quality Control Program, contains
			 control strategies, rules and standards prepared by DEQ and is adopted as the
			 State Implementation Plan (SIP) of the State of Oregon under the FCAA, 42
			 U.S.C.A 7401 to 7671q.
(2) Except
			 as provided in section (3), revisions to the SIP will be made under the EQC's
			 rulemaking procedures in OAR chapter 340, division 11 of this chapter and any
			 other requirements contained in the SIP and will be submitted to the EPA for
			 approval. The SIP was last modified by the EQC on May 23, 2024.
(3) Notwithstanding any other requirement
			 contained in the SIP, DEQ may:
(a) Submit to
			 the EPA any permit condition implementing a rule that is part of the
			 federally-approved SIP as a source-specific SIP revision after DEQ has complied
			 with the public hearings provisions of  40 C.F.R. 51.102; and
(b) Approve the standards submitted by LRAPA
			 if LRAPA adopts verbatim, other than non-substantive differences, any standard
			 that the EQC has adopted, and submit the standards to EPA for approval as a SIP
			 revision.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 200 - GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS › Section 340-200-0050 - Compliance Schedules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ's
			 goal is to encourage voluntary cooperation of all persons responsible for an
			 air contamination source. To facilitate this cooperation and provide for a
			 progressive program of air pollution control, DEQ may negotiate with such
			 persons to establish a compliance schedule for meeting the requirements
			 contained in the applicable air quality rules or statutes. The schedule will
			 set forth the conditions with which the responsible person must comply.
(a) The schedule may be accepted in lieu of a
			 hearing. It must be in writing and signed by the Director of DEQ or his
			 designated officer and an authorized agent of the responsible person. After the
			 schedule is executed by both parties, it must be confirmed by order of DEQ;
(b) Compliance schedules providing
			 for final compliance at a date later than 18 months from the date of execution
			 must contain requirements for periodic reporting and increments of progress
			 toward compliance, at intervals of less than 18 months;
(c) No compliance schedule may allow
			 emissions on a permanent basis in excess of applicable standards and rules.