reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0006 - Applicability and General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee of an UST system
			 as defined by OAR 340-150-0010 (93)  must comply with this division, except to
			 the extent the system is exempted or compliance deferred or limited by
			 340-150-0008.
(2) An owner and
			 permittee of an UST system must apply to DEQ for a general permit registration
			 certificate under OAR 340-150-0020  if the UST system:
(a) Is in operation on or after May 1,
			 1988;
(b) Was taken out of
			 operation between January 1, 1974, and May 1, 1988, and not permanently closed
			 by a method that meets the requirements of OAR 340-150-0168(4); or
(c) Was taken out of operation before January
			 1, 1974, but the UST is not empty as defined by OAR 340-150-0010(32).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0008 - Exemptions and Deferrals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An UST
			 located in Indian Country, as defined in 18 U.S.C. Subpart 1151, is exempt from
			 the requirements of OAR chapter 340, divisions 150 and 151.
(2) Heating oil tanks are exempt from OAR
			 chapter 340, divisions 150 and 151. The heating oil tank owner must comply with
			 the requirements of ORS
			 466.858 through
			 466.882 and OAR chapter
			 340, division 177.
(3) The
			 following types of USTs and any connected piping are exempt from the
			 requirements of OAR chapter 340, divisions 150 and 151:
(a) Farm or residential tanks of 1,100
			 gallons or less capacity used for storing motor fuel for noncommercial purposes
			 (i.e., not for resale);
(b) Septic
			 tanks;
(c) Pipeline facilities,
			 including gathering lines, that are:
(A)
			 Regulated under
			 49
			 U.S.C. 60101, et seq., or
(B) Intrastate pipeline facilities regulated
			 under State laws as provided in
			 49
			 U.S.C. 60101, et seq., and which are
			 determined by the Secretary of Transportation, U.S. Department of
			 Transportation, to be connected to a pipeline or to be operated or intended to
			 be capable of operating at pipeline pressure or as an integral part of a
			 pipeline.
(d) Surface
			 impoundments, pits, ponds or lagoons;
(e) Storm water or wastewater collection
			 systems;
(f) Flow-through process
			 tanks;
(g) Liquid traps or
			 associated gathering lines directly related to oil or gas production and
			 gathering operations;
(h) Storage
			 tanks situated in an underground area, such as a basement, cellar,
			 mine-working, drift, shaft or tunnel, if the storage tank is situated upon or
			 above the surface of the floor;
(i)
			 UST systems holding hazardous wastes listed or identified under Subtitle C of
			 the Solid Waste Disposal Act (SWDA) (42. U.S.C. Chapter 82) or a mixture of
			 such hazardous waste and other regulated substances;
(j) Wastewater treatment tank systems that
			 are part of a wastewater treatment facility regulated under Section 402 or
			 307(b) of the Clean Water Act (33 U.S.C. §
										1251 et seq.);
(k) Equipment or machinery that contains
			 regulated substances for operational purposes, such as hydraulic lift tanks and
			 electrical equipment tanks;
(l) UST
			 systems with a capacity of 110 gallons or less;
(m) UST systems that have never contained
			 more than a "de minimis" concentration of regulated substances; and
(n) Emergency spill or overflow containment
			 UST systems that are expeditiously (i.e., as soon as practicable after
			 emergency has been abated) emptied after use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to this division and as
				applicable for OAR chapter 340 divisions 151 and 160:
(1)
(a)
			 "Airport hydrant fuel distribution system" (also called airport hydrant system)
			 means an UST system that fuels aircraft and operates under high pressure with
			 large diameter piping that typically terminates into one or more hydrants (fill
			 stands).
(b) The airport hydrant
			 system begins where fuel enters one or more tanks from an external source such
			 as a pipeline, barge, rail car, or other motor fuel carrier.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0020 - UST General Permit Registration Certificate Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not install, operate or close an UST without applying for and being issued a
			 general permit registration certificate from DEQ for one of the following
			 actions:
(a) Installation;
(b) Operation;
(c) Decommissioning, including permanent
			 closure by change-in-service, removal or filling in-place; or
(d) Temporary closure.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0021 - Termination of Temporary Permits

Current through Register Vol. 63, No. 7, July 1, 2024
Any owner or permittee holding a temporary permit to operate an
				UST on or before December 22, 1998, who was not issued an operation certificate
				by the department by December 23, 1998, must apply for a general permit for
				temporary closure pursuant to OAR
				340-150-0167 or decommission the UST under a general permit for permanent closure or
				change-in-service pursuant to OAR
				340-150-0166 and
				340-150-0168.
Stat. Auth.: ORS 466.706 - 466.835, 466.994 &
				  466.995
Stats. Implemented: ORS 466.746, 466.750, 466.760 &
				  466.765
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0052 - Modification of Registration Certificates For Changes in Ownership and Permittee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A new
			 owner or proposed new permittee must submit an application to modify the UST
			 general permit registration certificate within 30 days of any of the following
			 occurring:
(a) Change of ownership of
			 property on which an UST system is located;
(b) Change in UST ownership; or
(c) Change in the designated
			 permittee.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0080 - Denial, Suspension or Revocation of General Permit Registration Certificates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An UST
			 general permit registration certificate may be denied, suspended or revoked:
(a) If there was a material misrepresentation
			 or false statement in the application; or
(b) If the UST system operation, maintenance,
			 installation or decommissioning does not comply with the provisions of OAR
			 chapter 340, divisions 150 or 151, applicable statutes, rules or department
			 order.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0102 - Termination of General Permit Registration Certificates for Installation, Operation and Temporary Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A general permit registration certificate will automatically terminate 30 days
			 after any of the changes set forth in OAR 340-150-0052(1)  have occurred, unless
			 DEQ has received an application for modification by that date.
(2) A registration certificate for
			 installation will automatically terminate when DEQ issues a registration
			 certificate for operation.
(3) A
			 registration certificate for operation will automatically terminate:
(a) When DEQ issues a registration
			 certificate for temporary closure;
(b) On the date that temporary closure
			 occurred or is discovered by DEQ if a registration certificate for temporary
			 closure has not been issued; or
(c)
			 On the date change-in-service or permanent closure begins.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0110 - UST General Permit Registration, Annual Compliance and Other Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and
			 permittee must pay a $400 installation fee for each UST or UST compartment
			 installed and the general permit registration fee for each tank. This fee must
			 accompany the application for a UST general permit registration certificate.
			 The registration fee is the amount of the annual compliance fee in section (2)
			 of this rule applicable to the year of installation.
(2) Each calendar year (January 1 to December
			 31) following installation, the owner and permittee must pay an annual
			 compliance fee for each UST that has not been permanently decommissioned, for
			 any portion of the year, according to the following schedule:
(a) $25 per tank for the years 1988, 1989,
			 1990, 1991, 1992 and 1993;
(b) $35
			 per tank for the years 1994, 1995, 1996 and 1997;
(c) $60 per tank for the years 1998, 1999,
			 2000 and 2001, except that for 1998 and 1999 the fee is $35 for any permittee
			 that self-certifies its compliance with 1998 technical standards to
			 DEQ;
(d) $105 per tank for 2002,
			 which includes a $20 surcharge per tank;
(e) $85 per tank for the years 2003, 2004,
			 2005, 2006 and 2007; and
(f) $135
			 per tank for 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and
			 2017.
(g) $195 per tank for
			 2018;
(h) $245 per tank for
			 2019;
(i) $295 per tank for
			 2020;
(j) $325 per tank for 2021
			 and subsequent years.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0135 - General Requirements for Owners and Permittees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee must comply with
			 the UST operator training requirements in OAR 340-150-0200  or 340-150-0210, as
			 applicable.
(2) The property owner,
			 UST owner and permittee must allow any DEQ employee or authorized
			 representative of DEQ access to property where an UST is located at any
			 reasonable time to interview persons, inspect equipment and site conditions,
			 collect samples, take still or video pictures, conduct an investigation, or
			 review and copy records.
(3) An
			 owner and permittee of a petroleum UST system subject to this division must
			 continuously comply with the financial responsibility requirements of OAR
			 chapter 340, division 151.
(4) An
			 owner and permittee must provide information regarding a UST system, UST
			 facility or UST system operator to DEQ upon request.
(5) An owner and permittee must notify DEQ at
			 least 30 days before: changing the contents of an UST from one regulated
			 substance to another, (e.g., gasoline to diesel) including switching to a
			 regulated substance containing greater than 10 percent ethanol, greater than 20
			 percent biodiesel, or any other regulated substance identified by
			 DEQ.
(6) Owners and permittees must
			 demonstrate compatibility of the UST system, including the tank, piping,
			 containment sumps, pumping equipment, release detection equipment, spill
			 equipment, and overfill equipment. Owners and permittees may demonstrate
			 compatibility of the UST system by using one of the following options:
(a) Certification or listing of UST system
			 equipment or components by a nationally recognized, independent testing
			 laboratory for use with the regulated substance stored; or
(b) Equipment or component manufacturer
			 approval. The manufacturer's approval must be in writing, indicate an
			 affirmative statement of compatibility, specify the range of biofuel blends the
			 equipment or component is compatible with, and be from the equipment or
			 component manufacturer; or
(c) Use
			 another option determined by DEQ to be no less protective of human health and
			 the environment than the options listed in this section.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0137 - UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On or after
			 October 1, 2020, owners and permittees of field-constructed tanks and airport
			 hydrant fuel distribution system tanks must comply with OAR
			 340-150-0137(2)
 
			 and the training requirements for UST operators in this rule.
(2) EQC incorporates by reference into this
			 division  Title 40 C.F.R., Part 280, Subpart K (October 13, 2015).
Statutory/Other Authority: 466.705 - 466.835, 466.994 &
				  466.995
Statutes/Other Implemented: 466.706, 466.710 &
				  466.746
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0140 - Requirements for Sellers of USTs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person who sells an UST must notify a proposed new owner and permittee in
			 writing of the requirements for applying for a modified general permit
			 operation certificate (OAR
			 340-150-0052) or a general permit installation certificate (340-150-0020).
(2) A former owner and permittee
			 must transfer all documentation pertaining to the UST system to a new owner and
			 permittee.
Stat. Auth.: ORS 466.706 - ORS 466.835, ORS 466.994 & ORS
				  466.995
Stats. Implemented: ORS 466.746, ORS 466.760 & ORS
				  466.765
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0150 - Depositing Regulated Substances in USTs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person shall allow delivery, deposit,
			 cause to be deposited or accept deposit of a regulated substance into an UST
			 unless the owner and permittee of the UST facility have a valid annual
			 operation certificate for the UST posted in a conspicuous location at the
			 facility clearly visible to distributors depositing regulated substances into
			 the UST.
(2) Before arranging for
			 delivery of a regulated substance, an owner and permittee must provide the
			 operation certificate number and the identification number for each UST to any
			 person depositing a regulated substance into the UST.
(3) If a general permit registration
			 certificate is revoked, suspended or terminated, an owner and permittee must
			 return the operation certificate to the department.
Stat. Auth.: ORS 466.706 - 466.835, 466.994 &
				  466.995
Stats. Implemented: ORS 466.746 &
				  466.760
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0152 - Requirements for Distributors of Regulated Substances for Deposit into USTs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 distributor must obtain and maintain a written record of operation certificate
			 numbers for every UST facility and the identification number for each UST into
			 which it delivers or deposits a regulated substance.
(2) A distributor may not deliver or deposit
			 a regulated substance into an UST unless a valid operation certificate for the
			 UST is posted in a conspicuous location at the UST facility clearly visible to
			 those depositing regulated substances into the UST.
(3) Upon request by the department, a
			 distributor must provide a written record of all USTs into which it delivered
			 or deposited a regulated substance during the past three years, regardless of
			 whether the UST is registered with or regulated by the department. The list
			 must include, but is not limited to, customer name, delivery address, operation
			 certificate number (as applicable), UST identification number, type of
			 regulated substance delivered and delivery date.
Stat. Auth.: ORS 466.706 - 466.835, 466.994 &
				  466.995
Stats. Implemented: ORS
				  466.746
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0156 - Performance of UST Services by Owners or Permittees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee may perform UST
			 services on their own UST if the following conditions are met:
(a) Before starting any UST services, an
			 owner and permittee must complete the appropriate UST supervisor examination
			 administered by a national service with a passing score for the specific UST
			 service they propose to provide; except
(b) If the UST system equipment for corrosion
			 protection, release detection or tightness testing has been specifically
			 designed by the manufacturer to allow testing to be performed by a tank owner,
			 permittee or UST system operator, an owner and permittee is not required to
			 complete the UST supervisor test for cathodic protection or tank tightness
			 testing.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0160 - General Permit Requirements for Installing an UST System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and
			 permittee may not begin installing an UST before DEQ has issued that person an
			 installation certificate.
(2) At
			 least 30 days before beginning the UST system installation, an owner and
			 permittee, or a licensed service provider acting on behalf of the owner and
			 permittee, must provide notice to DEQ on an application DEQ provides. DEQ may
			 allow a shorter notice period on a case-by-case basis.
(3) At least three working days before
			 beginning UST installation, an owner and permittee, or a licensed service
			 provider acting on behalf of the owner and permittee, must notify DEQ of the
			 confirmed date and time the installation will begin. DEQ may require additional
			 notifications of the start date and time of specific installation or related
			 testing activities.
(4) An owner
			 and permittee must install USTs and underground piping specified by a code of
			 practice developed by a nationally recognized association or independent
			 testing laboratory and as the manufacturer's instructions require. The codes
			 and standards listed in Appendix A of this division may be used to comply with
			 the requirements of this rule.
(5)
			 An owner and permittee must install UST system components, including
			 underground piping, that is made of or lined with materials that are compatible
			 with the substance stored in the UST system. An owner and permittee storing
			 alcohol blends may use the codes listed in Appendix B of this division to
			 comply with the requirements of this section of the rule.
(6) An UST system that an owner and permittee
			 installs must meet the following performance standards:
(a) Spill and overfill prevention equipment
			 and requirements contained in OAR 340-150-0310);
(b) Corrosion protection performance
			 contained in OAR 340-150-0320; and
(c) Release detection performance
			 requirements contained in OAR 340-150-0400  through 340-150-0470.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0163 - General Permit Requirements for Operating an UST System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To maintain
			 compliance with the general permit registration certificate for operation, the
			 permittee must operate and maintain the UST system in accordance with the
			 following performance standards and requirements:
(a) The valid annual operation certificate
			 must be posted in a conspicuous location at the UST facility clearly visible to
			 distributors depositing regulated substances into the UST (OAR
			 340-150-0150);
(b) Prevent spills and overfills
			 (OAR
			 340-150-0310);
(c) Maintain corrosion
			 protection, including testing, record keeping and reporting of test failures
			 (OAR
			 340-150-0320  and
			 340-150-0325);
(d) Perform release detection
			 for USTs and underground piping, including monitoring, testing and record
			 keeping (OAR
			 340-150-0400  through
			 340-150-0470);
(e) Periodically inspect
			 internally lined USTs and report to the department any inspection failures (OAR
			 340-150-0360);
(f) Report to the department any
			 suspected release of regulated substances within 24 hours (OAR
			 340-150-0500) and investigate suspected releases within seven days (340-150-0510);
(g) Report to the department any
			 spills, overfills or confirmed releases within 24 hours and investigate or take
			 corrective action as required by:
(A) OAR
			 340-122-0205  through
			 340-122-0360  for petroleum USTs.
(B) OAR
			 340-122-0010  through
			 340-122-0115  for USTs
			 containing nonpetroleum regulated substances, except that releases must be
			 reported in accordance with the requirements of OAR chapter 340, division
			 142.
(h) Repair, modify
			 or replace UST system components as necessary to correct, detect or prevent
			 releases (OAR
			 340-150-0350  through
			 340-150-0354);
(i) Continuously maintain a
			 financial responsibility mechanism for petroleum UST systems (OAR chapter 340,
			 division 151);
(j) Allow the
			 department access to the UST facility and records (OAR
			 340-150-0135(2));
(k) Provide information to the
			 department upon request and submit information regarding UST system or UST
			 facility changes (OAR
			 340-150-0135(4)
			 and (5));
(l) Pay all annual compliance fee invoices by
			 the specified due date or be subject to late fees (OAR
			 340-150-0110);
(m) Submit application for
			 modification of registration certificate to the department upon any change in
			 ownership of the property, UST system or designated permittee (OAR
			 340-150-0052). Failure to submit a request for modification is cause for automatic
			 termination of the operation certificate (OAR
			 340-150-0102(1)); and
(n) Comply with all
			 applicable UST operator training requirements (OAR
			 340-150-0200  or
			 340-150-0210).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0166

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 466.706 - 466.995 & 465.200 -
				  465.990
Stats Implemented: ORS 465.200, 465.210, 465.255, 465.260,
				  466.706, 466.710, 466.740, 466.746, 466.750, 466.760, 466.765, 466.770,
				  466.775, 466.785, 466.800, 466.805, 466.810 &
				  466.815
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0167 - General Permit Requirements for Temporary Closure of an UST System

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At least 30
			 days before beginning temporary closure, the permittee must submit an
			 application for a temporary closure general permit to DEQ. DEQ may allow a
			 shorter notice period on a case-by-case basis.
(2) At least 30 days before the expiration
			 date on a temporary closure certificate, the permittee must submit one of the
			 following to DEQ:
(a) An application for a
			 change-in-service or permanent closure general permit (340-150-0168);
(b) A written request to return the UST
			 system to operational status; or
(c) A written request to extend the
			 expiration date of the temporary closure certificate.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0168 - General Permit Requirements for Decommissioning an UST System by Permanent Closure or Change-in-Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 At least 30 days before beginning decommissioning by permanent closure or
			 change-in- service, the owner and permittee, or the licensed service provider
			 on behalf of the owner and permittee, must submit to DEQ a general permit
			 registration form and notice of intent to decommission the UST or to complete a
			 change-in-service. DEQ may allow a shorter notice period on a case-by-case
			 basis.
(2) DEQ will not issue a
			 general permit registration certificate to the permittee.
(3) The owner and permittee, or the licensed
			 service provider on behalf of the owner, must submit to DEQ for approval a
			 written site assessment plan that meets the requirements of OAR 340-150-0180(4)
 
			 if the owner or permittee is proposing to:
(a)
			 Permanently close the UST in-place and fill it with an inert
			 material;
(b) Use the UST to store
			 an unregulated substance (i.e. change-in-service);
(c) Permanently close an UST that contains a
			 hazardous substance other than petroleum.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0180 - Site Assessment Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee must complete a
			 site assessment to measure for the presence of a release where contamination is
			 most likely to be present at the UST facility and must submit results of the
			 assessment to DEQ when any of the following events occur:
(a) Decommissioning (OAR 340-150-0168);
			 or
(b) Request for Extension of
			 Temporary Closure Certificate (OAR 340-150-0167); or
(c) Underground piping is modified,
			 decommissioned by removal, or abandoned; or
(d) Dispensers are moved, modified,
			 decommissioned or abandoned unless the dispenser has under dispenser
			 containment (UDC).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0200 - Training Requirements for UST System Operators and Emergency Response Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule is effective through August 7, 2009, after which it is superseded by the
			 provisions of OAR 340-150-0210  (except to the extent expressly incorporated
			 into that rule).
(2) The owner and
			 permittee of each UST facility that dispenses a regulated substance from an UST
			 to a motor vehicle or container must:
(a)
			 Employ trained personnel who can properly operate and maintain the UST system:
			 and
(b) Provide emergency response
			 information to any person that dispenses a regulated substance from the UST
			 system.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0210 - Training Requirements for UST Operators

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On or after August 8, 2009, owners and
			 permittees must comply with the training requirements for UST operators in this
			 rule.
(2) The owner and permittee
			 of each UST facility issued an operation certificate by DEQ must employ Class
			 A, Class B, and Class C operators who can properly operate and maintain the UST
			 system and respond to events indicating emergency conditions or alarms caused
			 by spills or releases from the UST system. The three classes of operators are
			 generally identified in the following table: [Note: View a PDF of the
			 referenced tables by clicking on the link at the end of this rule.]
(3) An individual designated as a Class A or
			 Class B operator must complete one of the training options in section (8) of
			 this rule within 30 days of designation unless the individual has previously
			 completed a training option under OAR 340-150-0200(5)  and can provide
			 verification of the training completion consistent with
			 340-150-0200(6)(a).
(4) An
			 individual designated as a Class C operator must be trained before dispensing a
			 regulated substance or assuming responsibility for responding to
			 emergencies.
(5) An individual who
			 is designated to more than one operator class must be trained in each operator
			 class for which he or she is designated.
(6) Individuals designated as a Class A or
			 Class B operator for a UST facility that fails an UST compliance inspection
			 must repeat one of the training options in section (8) of this rule within 30
			 days of the UST facility failing the compliance inspection unless DEQ waives
			 this requirement. At a minimum, the training must cover the area(s) determined
			 to be out of compliance.
(7) All
			 training options for Class A and Class B operators must include the essential
			 training elements listed in Appendix L of this division, which at a minimum
			 must: [Note: View a PDF of appendix L by clicking on the "Tables" link at the
			 end of this rule.]
(a) Evaluate Class A
			 operators to determine whether the individual has the knowledge and skills to
			 make informed decisions regarding compliance and to determine whether the
			 operation, maintenance, and recordkeeping requirements for UST systems are
			 being met;
(b) Evaluate Class B
			 operators to determine whether the individual has the knowledge and skills to
			 implement the applicable UST regulatory requirements on the components of
			 typical UST systems or the equipment used at a specific UST facility. [Note:
			 View a PDF of appendix L by clicking on the "Tables" link at the end of this
			 rule.]
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0250 - Expedited Enforcement Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Nothing in this rule shall affect DEQ's use of OAR chapter 340, division 12
			 "Enforcement Procedures and Civil Penalties" to enforce compliance with the UST
			 regulations, except as specifically noted. Nothing in this rule requires DEQ to
			 use the expedited enforcement process for any particular violation. The field
			 penalty amounts assigned in section (4) of this rule apply only to actions DEQ
			 takes under this rule.
(2) An owner
			 and permittee may not participate in the expedited enforcement process if:
(a) The total field penalty amount for all
			 violations identified during a single inspection or file review would exceed
			 $1,500;
(b) DEQ has issued a field
			 penalty or civil penalty to the owner or permittee for the same violation at
			 the same UST facility within the previous three years; or
(c) At its discretion, DEQ determines that an
			 owner and permittee is not eligible for the expedited process. This
			 determination will be done on a case-by-case basis. (One example may be when an
			 owner and permittee of multiple UST facilities has received multiple field
			 citations for the same or similar violations, but has not made corrections at
			 all facilities.)
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0300

Current through Register Vol. 63, No. 7, July 1, 2024
Appendices & Publications referenced are available from
				  the agency.
Stat. Auth.: ORS 466.706 - 466.835, 466.994 &
				  466.995
Stats. Implemented: ORS 466.746 &
				  466.765
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0302 - Installation of Used USTs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 owner and permittee may not reuse an UST that has been installed in the ground
			 and subsequently removed unless the UST was decommissioned in accordance with
			 all requirements of OAR
			 340-150-0168.
(2) The original manufacturer must certify
			 that the used UST meets the UST performance requirements of OAR
			 340-150-0300.
			 If the original manufacturer is not available (e.g., no longer in business,
			 unknown, etc.) another manufacturer of the same tank brand or type must certify
			 in writing that the UST meets the current UST performance
			 requirements.
(3) Before
			 reinstalling the UST, an owner and permittee must have the manufacturer's
			 recertification documented in writing and available to the department upon
			 request.
(4) An owner and permittee
			 must install the UST in accordance with OAR
			 340-150-0300  and follow all recommendations made by the manufacturer for reinstalling the
			 used UST.
(5) An owner and
			 permittee must submit documents showing compliance with all manufacturer
			 recommendations including, but not limited to, warranty cards or manufacturers'
			 checklists to the department as an attachment to the installation checklist
			 required by OAR
			 340-150-0300(8)(d).
Stat. Auth.: ORS 466.706 - ORS 466.835, ORS 466.994 & ORS
				  466.995
Stats. Implemented: ORS 466.746 & ORS
				  466.765
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0310 - Spill and Overfill Prevention Equipment and Testing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and
			 permittee must install, operate and maintain, spill prevention equipment, such
			 as a spill catchment basin or a spill bucket, that will prevent the release of
			 a regulated substance to the environment when the transfer hose is detached
			 from the fill pipe.
(2) An owner
			 and permittee must install, operate, and maintain overfill prevention equipment
			 and follow fill procedures, that prevent any of the fittings located on top of
			 the UST from being exposed to a regulated substance due to overfilling; and
(a) Automatically shuts off flow into the UST
			 when the UST is no more than 95 percent full; or
(b) Alerts the person depositing the
			 regulated substance into the UST when the UST is no more than 90 percent full
			 by restricting the flow into the tank or by triggering a high level
			 alarm.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0315 - Periodic operation and maintenance walkthrough inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No later than
			 October 1, 2020, owners and permittees must meet one of the following:
(a) Conduct walkthrough inspections:
(A) Every 30 days, at a minimum, check the
			 following equipment:
(i) Spill prevention
			 equipment: Visually check for damage, remove liquid or debris, check for and
			 remove obstructions in the fill pipe, check the fill cap to make sure it is
			 securely on the fill pipe, and, for double walled spill prevention equipment
			 with interstitial monitoring, check for a leak in the interstitial area. (If
			 the UST system is receiving deliveries at intervals greater than every 30 days,
			 the permittee must conduct an inspection prior to each delivery; and
(ii) Release detection equipment: Check to
			 make sure the release detection equipment is operating with no alarms or other
			 unusual operating conditions present; and ensure records of release detection
			 testing are reviewed and current; and
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0320 - Corrosion Protection Performance Standards for USTs and Piping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and
			 permittee must protect all USTs, whether of single wall or multiwall
			 construction, and underground piping that routinely contains a regulated
			 substance from corrosion by one of the methods listed in sections (2) through
			 (4) of this rule.
(2) For USTs and
			 underground piping clad or jacketed with a non-corrodible material or other
			 nonmetallic materials, an owner and permittee must use one of the codes and
			 standards listed in Appendices D1-USTs and D2-Piping of this division to comply
			 with this section of the rule. [Note: View a PDF of the appendices by clicking
			 on the "Tables" link at the end of this rule.]
(3) An owner and permittee must provide
			 cathodic protection for USTs and underground piping constructed of steel or
			 other metal to prevent corrosion by using the codes and standards listed in
			 Appendices E1-USTs and E2-Piping of this division to comply with this section
			 of the rule. [Note: View a PDF of the appendices by clicking on the "Tables"
			 link at the end of this rule.]
(4)
			 In addition, an owner and permittee must comply with subsections (a) through
			 (c) and either (d) or (e) of this section:
(a) The UST and underground piping must be
			 coated with a suitable dielectric material;
(b) Field-installed cathodic protection
			 systems must be designed by a corrosion expert;
(c) Impressed current systems must be
			 designed to allow the testing of current operating status as required by OAR
			 340-150-0325(3); and
(d) A
			 permanent cathodic protection test station must be installed. The test station:
(A) Can be separate or combined with an
			 existing box and must be located near the protected structure (e.g., UST,
			 piping, etc.) and away from an anode;
(B) Must provide, at a minimum, an electrical
			 connection to the structure and access for placing a reference cell in contact
			 with the soil or backfill; and
(C)
			 When located below the surface of the ground, the test station design must
			 prevent run off of surface water into the soil; or
(e) If a permanent cathodic protection test
			 station is not installed, an owner and permittee must have a written cathodic
			 protection test procedure that has been developed in accordance with a
			 nationally accepted code of practice. The written test procedure must:
(A) Meet each of the minimum requirements
			 established by subsection (d) of this section;
(B) Contain sufficient detail to ensure that
			 initial test conditions can be replicated during each test (i.e., electrical
			 connections are made at the same points and the reference electrode contacts
			 the soil at the same location);
(C)
			 Be followed for all cathodic protection tests at the UST facility;
			 and
(D) Be provided to DEQ upon
			 request.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0325 - Operation and Maintenance of Corrosion Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee of an UST system
			 described in OAR 340-150-0320  must operate and maintain the corrosion
			 protection system to provide continuous protection to the metal components of
			 any portion of the UST and underground piping that routinely contains a
			 regulated substance.
(2) Except as
			 provided by 340-150-0156, an owner and permittee must have the corrosion
			 protection system inspected and tested for proper operation by a cathodic
			 protection supervisor licensed by DEQ (OAR chapter 340, division 160):
(a) Within six months of installation;
			 and
(b) At least once every three
			 years thereafter.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0350 - UST System Repairs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Repair methods. An owner and permittee must repair UST system components
			 according to the manufacturer's specifications and perform repairs in
			 accordance with a code of practice developed by a nationally recognized
			 association or an independent testing laboratory. The codes and standards
			 listed in Appendix H of this division may be used to comply with this section.
			 [Note: View a PDF of the appendix by clicking on the "Tables" link below.] A
			 manufacturer's authorized representative may make repairs to fiberglass or
			 other nonmetallic USTs.
(2) Lined
			 tanks. An owner and permittee of a tank that has been previously repaired or
			 upgraded using the interior lining method may repair the tank by restoring or
			 adding additional lining to the tank if the metal portion of the tank has been
			 determined to be structurally sound by use of the integrity assessment
			 (inspection) method specified by American Petroleum Institute RP 1631,
			 "Interior Lining and Periodic Inspection of Underground Storage Tanks." An
			 owner and permittee must permanently decommission a tank if the integrity
			 assessment determines that the tank is no longer structurally sound.
(3) Tanks. Before operating a repaired tank,
			 an owner and permittee must:
(a) Have the
			 tank tightness tested after the repair is complete and report to DEQ any test
			 failures (OAR 340-150-0445); and
(b) For all repaired tanks except those
			 repaired by lining, obtain written documentation that the original manufacturer
			 has recertified the repaired UST as meeting current UST performance
			 requirements. If the original manufacturer is not available (e.g., no longer in
			 business, unknown, etc.) another manufacturer of the same tank brand or type
			 must certify in writing that the tank meets the current UST performance
			 requirements.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0352 - UST System Modifications and Additions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee, or a licensed
			 service provider on behalf of the owner and permittee, must:
(a) Notify DEQ of their intent to modify an
			 UST system at least 30 days before any modification work is scheduled to start
			 by submitting an application for UST system modification to DEQ.
(b) Notify DEQ of the confirmed date and time
			 the modification will begin at least three working days before beginning the
			 modification to allow observation by DEQ.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0354 - UST System Replacements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When an owner and permittee replaces a tank, the decommissioning must meet the
			 requirements of OAR 340-150-0168  and the installation must meet the
			 requirements of OAR 340-150-0160, including notification
			 requirements.
(2) An owner and
			 permittee must maintain records that demonstrate compliance with this rule for
			 the remaining operating life of the UST system. Records must include
			 information such as a description of the work, date performed, name and address
			 of the company that performed the work, equipment model number (as
			 appropriate), test results and any other related data. An owner and permittee
			 must make all records for UST system replacements available for review by DEQ
			 upon request.
Statutory/Other Authority: ORS
				  466.706  - 466.835, 466.994 & 466.995
Statutes/Other Implemented: ORS
				  466.746  & 466.765
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0360 - Requirements for Internally Lined USTs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Internally lined USTs without corrosion
			 protection. An owner and permittee of an internally lined UST that does not
			 have corrosion protection must have the UST internally inspected or assessed in
			 accordance with a method that has been evaluated and approved by a third party
			 to ensure the tank is structurally sound and the lining is still performing in
			 accordance with all original design specifications. An owner and permittee must
			 have the internal lining inspections or assessments conducted:
(a) Within ten years after lining;
			 and
(b) Every five years
			 thereafter.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0400 - General Release Detection Requirements for Petroleum UST Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and
			 permittee of petroleum UST systems must provide a method of release detection
			 that:
(a) Can detect a release from any
			 portion of the UST and the underground piping that routinely contains a
			 regulated substance;
(b) Is an
			 approved leak detection method or equipment as listed by a national
			 organization (e.g., the National Work Group on Leak Detection);
(c) Is installed, calibrated, operated and
			 maintained in accordance with the manufacturer's instructions and third party
			 evaluation for the leak detection method, including routine maintenance and
			 service checks for operability or running condition;
(d) Is capable of detecting the leak rate or
			 quantity specified for that method in OAR 340-150-0450  through 340-150-0470  or
			 340-150-0410  for piping, with a probability of detection of at least 95 percent
			 and a probability of false alarm of no more than 5 percent.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0410 - Release Detection Requirements and Methods for Underground Piping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For underground
			 piping that routinely contains a regulated substances, an owner and permittee
			 of a petroleum UST system must provide release detection which meets the
			 requirements of this rule.
(2)
			 Pressurized piping. For underground piping that conveys regulated substances
			 under pressure, an owner and permittee must insure that the piping is equipped
			 with an automatic line leak detector that alerts an owner and permittee to the
			 presence of a leak by restricting or shutting off the flow of regulated
			 substances through underground piping or by triggering an audible or visual
			 alarm. Interstitial monitoring sensor systems or stand alone "sump" sensors are
			 not an acceptable alternative for a line leak detector. In addition,
(a) The line leak detector must be approved
			 by a national organization (e.g., the National Work Group on Leak
			 Detection);
(b) The line leak
			 detector must be capable of detecting a leak of three gallons per hour at ten
			 pounds per square inch line pressure within one hour; and
(c) An annual test of the operation of the
			 line leak detector must be conducted in accordance with the manufacturer's
			 requirements.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0420 - Release Detection Requirements for Hazardous Substance UST Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and
			 permittee of an UST system containing a hazardous substance other than
			 petroleum must provide release detection that meets the requirements of this
			 rule.
(2) Secondary containment
			 systems. An owner and permittee may use the provisions of
40 CFR §
										265.193
, "Containment and Detection of Releases" to comply with this
			 section of the rule. Secondary containment systems must be designed,
			 constructed and installed to:
(a) Contain
			 regulated substances released from the UST system until they are detected and
			 removed; and
(b) Prevent the
			 release of regulated substances to the environment at any time during the
			 operational life of the UST system.