Oregon Administrative Code

340-150-0150 Depositing Regulated Substances in USTs (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 …

340-150-0152 Requirements for Distributors of Regulated Substances for Deposit into USTs (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 dep…

340-150-0156 Performance of UST Services by Owners or Permittees (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 exa…

340-150-0160 General Permit Requirements for Installing an UST System (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 permitte…

340-150-0163 General Permit Requirements for Operating an UST System (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 requir…

340-150-0167 General Permit Requirements for Temporary Closure of an UST System (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…

340-150-0168 General Permit Requirements for Decommissioning an UST System by Permanent Closure or Change-in-Service (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 beha…

340-150-0180 Site Assessment Requirements (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 foll…

340-150-0200 Training Requirements for UST System Operators and Emergency Response Information (1) This rule is effective through August 7, 2009, after which it is superseded by the provisions of OAR 340-150-0210 (except to the extent expressly incorporated into that rule).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) T…

340-150-0210 Training Requirements for UST Operators (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 emplo…

340-150-0250 Expedited Enforcement Process (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 …

340-150-0302 Installation of Used USTs (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 cert…

340-150-0310 Spill and Overfill Prevention Equipment and Testing Requirements (1) An owner and permittee must install, operate and maintain, spill prevention equipment, such as a spill catchment basin or a spill bucket, that will prevent the release of a regulated substance to th…

340-150-0315 Periodic operation and maintenance walkthrough inspections (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 preventi…

340-150-0320 Corrosion Protection Performance Standards for USTs and Piping (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 method…

340-150-0325 Operation and Maintenance of Corrosion Protection (1) An owner and permittee of an UST system described in OAR 340-150-0320 must operate and maintain the corrosion protection system to provide continuous protection to the metal components of any portion of the UST an…

340-150-0350 UST System Repairs (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…

340-150-0352 UST System Modifications and Additions (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…

340-150-0354 UST System Replacements (1) When an owner and permittee replaces a tank, the decommissioning must meet the requirements of OAR 340-150-0168 and the installation must meet the requirements of OAR 340-150-0160, including notification requirements. (2) An owner and perm…

340-150-0360 Requirements for Internally Lined USTs (1) Internally lined USTs without corrosion protection. An owner and permittee of an internally lined UST that does not have corrosion protection must have the UST internally inspected or assessed in accordance with a method tha…

340-150-0400 General Release Detection Requirements for Petroleum UST Systems (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 contai…

340-150-0410 Release Detection Requirements and Methods for Underground Piping (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)…

340-150-0420 Release Detection Requirements for Hazardous Substance UST Systems (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 sys…

340-150-0430 Inventory Control Method of Release Detection (1) An owner and permittee using inventory control as a release detection method must meet this rule’s requirements. Inventory control may not be used as a release detection method for underground piping. (2) Use of inven…

340-150-0435 Statistical Inventory Reconciliation Method of Release Detection (1) An owner and permittee using statistical inventory reconciliation (SIR) as a release detection method must meet the requirements of this rule. SIR cannot be used as a release detection method for pr…

340-150-0440 Manual Tank Gauging Release Detection Method (1) An owner and permittee may use manual tank gauging as a release detection method for USTs that are less than 2,001 gallons in size. (a) For USTs of 550 gallons or less nominal capacity and USTs with a nominal capacity …

340-150-0445 Tank Tightness Testing for Release Detection and Investigation (1) An owner and permittee using tightness testing in combination with a primary release detection method or as a method for investigating a suspected release must use a test method or procedure that: (a)…

340-150-0450 Automatic Tank Gauging Release Detection Method (1) An owner and permittee using equipment for automatic tank gauging (ATG) that tests for the loss of a regulated substance and conducts inventory control as a release detection method must use equipment that meets the…

340-150-0465 Interstitial Monitoring Release Detection Method (1) An owner and permittee may use an interstitial monitoring system as a release detection method if: (a) The system is designed, constructed and installed in accordance with a national code of practice or industry st…

340-150-0470 Other Methods of Release Detection (1) An owner and permittee may use a release detection method for an UST or underground piping not otherwise specified in OAR 340-150-0410 through 340-150-0465 if: (a) The device is able to detect a 0.2 gallon per hour leak rate wit…

340-150-0500 Reporting Suspected Releases (1) An owner and permittee of an UST system must notify DEQ within 24 hours, or another reasonable period allowed by DEQ, and follow the procedures in OAR 340-150-0510 for any of the following conditions: (a) The discovery by any means of…

340-150-0510 Suspected Release Investigation and Confirmation Steps (1) Following the discovery of a suspected release of a regulated substance, an owner and permittee must immediately initiate investigation and confirmation of the suspected release as this rule requires. This in…

340-150-0520 Investigation Due to Off Site Impacts When required by the department, an owner and permittee of an UST system must follow the procedures in OAR 340-150-0510 to determine if their UST system is the source of off site impacts. These impacts include, but are not limite…

340-150-0540 Applicability to Previously Closed UST Systems When directed by the department, an owner of an UST system permanently closed or abandoned (e.g., left unused without being substantially emptied, decommissioned or permanently altered structurally to prevent reuse) befo…

340-150-0550 Definitions for OAR 340-150-0555 and 340-150-0560 As used in OAR 340-150-0555 and 340-150-0560, the following terms are defined as follows: (1) "Existing tank system" means a tank system used to contain an accumulation of regulated substances or a tank system, the in…

340-150-0555 Compliance Dates for USTs and Piping (1) An owner and permittee must comply with all release detection requirements for a new or existing UST system or permanently close the UST system by the following schedule: (a) For UST systems installed before 1965 and for UST s…

340-150-0560 Upgrading Requirements for Existing UST Systems This rule describes the technical requirements for UST systems that an owner and permittee was required to meet by December 22, 1998, under OAR 340-150-0555(3). (1) Tank upgrading requirements. An owner and permittee of…

340-150-0600 Delegation of Program Administration (1) Any agency of the state or a unit of local government that seeks the authority to administer all or part of the UST program covered by OAR 340, divisions 150 and 151 must submit to the department a written application that des…

340-150-0620 Approval of More Stringent Performance Standards (1) Any unit of local government may petition the department for more stringent UST performance standards for UST systems in the vicinity of an underground water source. Administrative rules for more stringent performa…

340-151-0001 Purpose The purpose of these rules is to protect public health, safety, welfare and the environment from the potential harmful effects of spills and releases of petroleum from USTs by requiring UST owners and permittees to maintain sufficient financial resources in t…

340-151-0010 Scope and Applicability (1) Except as provided in section (2), an owner and permittee of a petroleum UST system that meets the requirements of OAR 340-150-0006 and that is not exempted or deferred by 340-150-0008, must comply with this division. (2) State and federal…

340-151-0015 Adoption and Applicability of United States Environmental Protection Agency Regulations Except as otherwise modified or specified in this division, the EQC adopts Title 40 C.F.R., Part 280, Subpart H (October 13, 2015), and incorporates those provisions by reference …

340-151-0020 Definitions The definitions and terms used in OAR 340-150-0010 and 40 CFR § 280.92 apply to this division. Statutory/Other Authority: ORS 466.746 & 466.815 Statutes/Other Implemented: ORS 466.815 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ …

340-151-0025 Oregon-Specific Financial Responsibility Requirements [NOTE: The following rules incorporate and modify 40 C.F.R. §§ 280.90 through 280.115 (Oct. 15, 2015.) When reading this rule, note that different text styles are used to distinguish the different types of changes…

340-160-0005 Purpose (1) The purpose of these rules is to provide for the regulation of persons performing services for underground storage tank (UST) systems to assure that UST systems are being serviced in a manner which will protect the public health and welfare and the land a…

340-160-0010 Definitions The definitions and terms used in OAR 340-150-0010 and this rule apply to this division: (1) “Person” means an individual, trust, firm, joint stock company, corporation, partnership, joint venture, consortium, association, state, municipality, commission,…

340-160-0020 General Provisions (1) A person may not perform or offer to perform UST services without first obtaining a license from DEQ. (2) A service provider is prohibited from offering or performing UST services on an UST system defined by OAR 340-150-0010(84) (except as exem…

340-160-0021 UST Service Provider Work Practices (1) For all scheduled UST services, a UST service provider must: (a) Notify DEQ on a form specified by DEQ 3 business days before start of the work; (b) Provide with the notification: (A) The name of the licensed UST Supervisor who…

340-160-0022 UST Supervisor Work Practices (1) A supervisor must be present during UST installation and modification when the following tasks are being performed: (a) Preparation of the excavation immediately before receiving backfill and placement of the tank into the excavation…

340-160-0025 Types of Licenses (1) The department may issue the following types of licenses: (a) Service provider; (b) Installation supervisor; (c) Decommissioning supervisor; (d) UST testing supervisor; and (e) Cathodic protection system test supervisor. (2) Licenses will be iss…