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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 170

UNDERGROUND STORAGE TANK

REIMBURSEMENT GRANT PROGRAM

 

340-170-0005

Authority, Purpose, and Scope

(1) These rules are promulgated in accordance with and under the authority of ORS 466.706 through 466.835 and ORS 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 persons who receive reimbursement grants for UST tightness testing and soil assessment of underground storage tank facilities that contain motor fuel regulated by ORS 466.706 through 466.835 and ORS 466.895 through 466.995; and to provide assistance to owners of underground storage tanks in meeting Environmental Protection Agency requirements and obtaining financial responsibility coverage.

(3) These rules establish requirements and standards for:

(a) Reimbursement grant of up to 50 percent, not to exceed $3,000, for UST tightness testing and soil assessment;

(b) Procedures for applying and qualifying for a reimbursement grant;

(c) Administration and enforcement of these rules by the Department.

(4) Scope: OAR 340-170-0010 through 340-170-0080 applies to persons who receive reimbursement grants for UST tightness testing and soil assessment.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: OL 1989, Ch. 1071 
Hist.: DEQ 21-1989(Temp), f. & cert. ef. 9-18-89; DEQ 12-1990, f. & cert. ef. 3-13-90; DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91; DEQ 14-1992, f. & cert. ef. 6-11-92

340-170-0010

Definitions

As used in these rules:

(1) "Commission" means the Environmental Quality Commission.

(2) "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.

(3) "Department" means the Department of Environmental Quality.

(4) "Director" means the Director of the Department of Environmental Quality.

(5) "Facility" means any one or combination of underground storage tanks and underground pipes connected to the tanks, used to contain an accumulation of motor fuel, including gasoline or diesel oil, that are located at one contiguous geographical site.

(6) "Firm" means any business, including but not limited to corporations, limited partnerships, and sole proprietorships, engaged in the performance of tank services.

(7) "Grant" means reimbursement for costs incurred for UST tightness testing and soil assessment at a facility with underground storage tanks containing motor fuel.

(8) "Investigation" means monitoring, surveying, testing or other information gathering.

(9) "Licensed" means that a firm or an individual with supervisory responsibility for the performance of tank services has met the Department's experience and qualification requirements to offer or perform services related to underground storage tanks and has been issued a license by the Department to perform those services.

(10) "Motor Fuel" means a petroleum or a petroleum-based substance that is a motor gasoline, aviation gasoline, No. 1 or 2 diesel fuel, or any grade of gasohol, and is typically used in the operation of a motor engine.

(11) "Owner" means the owner of an underground storage tank.

(12) "Permittee" means the owner or a person designated by the owner who is in control of or has responsibility for the daily operation or daily maintenance of an underground storage tank under a permit issued pursuant to these rules.

(13) "Property Owner" means the legal owner of the property where the underground storage tank resides.

(14) "Release" means the discharge, deposit, injection, dumping, spilling, emitting, leaking or placing of a regulated substance from an underground storage tank into the air or into or on land or the waters of the state, other than as authorized by a permit issued under state or federal law.

(15) "Soil Assessment" means evaluating the soil adjacent to the UST system for contamination from motor fuel.

(16) "Soil Remediation" means those corrective actions taken to excavate, remove, treat or dispose of soil contaminated with motor fuel so as to bring a site containing underground storage tanks into compliance with the Department's Cleanup Rules for Leaking Petroleum UST System, OAR Chapter 340, Division 122.

NOTE: Soil remediation does not include cleanup or decontamination of contaminated groundwater or surface water, provisions for alternate water supplies or any related remediation work.

(17) "Supervisor" means a licensed individual operating alone or employed by a contractor and charged with the responsibility to direct and oversee the performance of tank services at a underground storage tank facility.

(18) "Tank Services" include but are not limited to tank installation, decommissioning, retrofitting, testing, and inspection.

(19) "Tank Services Provider" is an individual or firm registered and, if required, licensed to offer or perform tank services on regulated underground storage tanks in Oregon.

(20) "Tightness Testing" means a procedure for testing the ability of a tank system to prevent an inadvertent release of any stored substance into the environment (or, in the case of an underground storage tank system, intrusion of groundwater into a tank system).

(21) "Underground Storage Tank" or "UST" means an underground storage tank as defined in OAR Chapter 340, Division 150.

Stat. Auth.: ORS 466.706 - ORS 466.995 
Stats. Implemented: ORS 466.706 & OL 1989, Ch. 1071 
Hist.: DEQ 21-1989(Temp), f. & cert. ef. 9-18-89; DEQ 12-1990, f. & cert. ef. 3-13-90

340-170-0020

Soil Assessment

(1) Soil assessment at a facility where underground storage tanks contain an accumulation of motor fuel shall be conducted by the property owner, UST owner or permittee in accordance with OAR Chapter 340, Division 122 and sections (2) and (3) of this rule.

(2) Conduct an inspection of the UST facility to:

(a) Look for warning signs that indicate possible soil or water contamination due to spills or leakage from underground tanks.

NOTE: Warning signs of petroleum contamination include discolored or oily soil, petroleum and gasoline odors, and a sheen on standing or moving water. Check for these signs on the property and adjacent property.

(b) Check with owners of adjacent property to see if they have observed petroleum taste or odor in drinking water, petroleum fumes in their basement or buildings, or other unusual conditions that could be caused by motor fuel;

(c) Review UST inventory control and UST repair records for indications of releases from the USTs; and

(d) Prepare a written record of the inspection results.

(3) In situations where the tanks and lines are to remain in place, the property owner, tank owner, or the permittee shall:

(a) Submit a specific soil sampling plan to the Department for approval prior to initiating any work; or

(b) Collect soil samples by boring or test pits:

(A) Where groundwater is not present, collect one sample in each boring or test pit from the native soils at an elevation below, but no more than two feet below, the bottom of any underground storage tank;

(B) Where groundwater is present, collect two samples in each boring or test pit, the first sample within the first six inches of saturated soil and the second sample at an elevation below, but no more that two feet below, the bottom of any underground storage tank;

(C) Borings or test pits shall be located along each side of an imaginary rectangular area drawn around an UST or group of USTs so that each side of the rectangle lies a maximum of three feet from the nearest UST:

(i) The imaginary rectangle may be drawn around a group of USTs when each UST is within six feet of an adjacent UST;

(ii) A separate imaginary rectangle must be drawn around each UST that is located more than six feet from an adjacent UST;

(iii) A minimum of one boring or test pit shall be located at the midpoint on each side of the imaginary rectangle. Where a side exceeds fifteen feet, two or more borings or test pits shall be located equally spaced along the side. Borings or test pits shall not be located more than twenty five feet apart along any side of the rectangle.

(D) Analyze the soil and/or ground water samples in accordance with section (1) of this rule.

NOTE: The soil assessment procedures outlined in this section are intended for use only when qualifying for the reimbursement grant described by these rules.

Stat. Auth.: ORS 466.706 - ORS 466.995 
Stats. Implemented: OL 1989, Ch. 1071 
Hist.: DEQ 21-1989(Temp), f. & cert. ef. 9-18-89; DEQ 12-1990, f. & cert. ef. 3-13-90

340-170-0030

Underground Storage Tank Tightness Testing

(1) UST tightness testing consists of testing the underground storage tank and associated piping and equipment routinely in contact with the ground for tightness against product leakage at normal operating pressures.

(2) Tank tightness testing must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the UST that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.

(3) Pipe tightness testing, for that piping not tested during the tank tightness test, must be capable of detecting a 0.1 gallon per hour leak rate at one and one-half times the operating pressure. Suction piping shall be tested at a positive pressure equivalent to one and one-half times the negative operating pressure.

(4) The tank and pipe tightness testing report shall contain the testing equipment manufacturers written performance claims pertaining to the test used, and the manner in which these claims have been justified or tested by the equipment manufacturer.

Stat. Auth.: ORS 466.706 - ORS 466.995 
Stats. Implemented: OL 1989, Ch. 1071 
Hist.: DEQ 21-1989(Temp), f. & cert. ef. 9-18-89; DEQ 12-1990, f. & cert. ef. 3-13-90

340-170-0050

General Provisions, Underground Storage Tank Facility Reimbursement Grant

(1) The property owner, tank owner, or permittee of an UST facility may qualify to receive an UST tightness testing and soil assessment reimbursement grant at any facility location.

(2) A facility location may not receive more than one reimbursement grant.

(3) The reimbursement grant shall not exceed the lesser of 50 percent of the costs for UST tightness testing and soil assessment or $3,000 at any facility location.

(4) The reimbursement grant is limited to investigating underground storage tank systems located at a facility:

(a) Where tanks contain motor fuel;

(b) Are regulated by OAR Chapter 340, Division 150;

(c) Where UST tightness testing is performed in accordance with OAR 340-160-0005 through 340-160-0150;

(d) Where UST tightness testing is performed in accordance with these rules;

(e) Where soil assessment is performed in accordance with OAR Chapter 340, Division 122 and these rules;

(f) Where soil assessment is performed under the direction or supervision of a registered professional engineer, registered geologist, or a certified professional soil scientist (a soil scientist with certification and inclusion in the American Registry of Certified Professionals in Agronomy, Crops, and Soils, Ltd. (ARCPACS));

(g) Where soil assessment and/or UST tightness testing is performed after September 1, 1989 and before October 1, 1991; and

(h) Where regulated underground storage tanks have a valid UST permit.

NOTE: The Department will not approve a grant where tanks are being permanently decommissioned, removed or filled in place. The legislature intended for the grants to assist operating motor fuel facilities attempting to comply with Federal/State underground storage tank regulations.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: OL 1989, Ch. 1071 
Hist.: DEQ 21-1989(Temp), f. & cert. ef. 9-18-89; DEQ 12-1990, f. & cert. ef. 3-13-90; DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91; DEQ 14-1992, f. & cert. ef. 6-11-92

340-170-0060

Application, Underground Storage Tank Facility Reimbursement Grant

(1) Any person wishing to obtain a reimbursement grant from the Department shall submit a written application on a form provided by the Department. Applications must be submitted no later than October 1, 1992. All application forms must be completed in full, and accompanied by all required exhibits.

(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.

(4) Within 30 days after the application is determined complete, the Department will approve the application if the UST tightness testing and soil assessment meets all Department requirements.

(5) In the event the Department is unable to process an application within 30 days after the application is considered complete by the Department, the applicant shall be deemed to have received approval of the application. In no case, however, is the Department obligated to reimburse more than 50 percent or $3,000, whichever is the lesser amount.

(6) If, upon review of an application, the Department determines that the reimbursement grant 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 the application.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: OL 1989, Ch. 1071 
Hist.: DEQ 21-1989(Temp), f. & cert. ef. 9-18-89; DEQ 12-1990, f. & cert. ef. 3-13-90; DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91; DEQ 14-1992, f. & cert. ef. 6-11-92

340-170-0070

Information Required on the Reimbursement Grant Application

(1) The reimbursement grant application shall include:

(a) The name and mailing address of the grant applicant;

(b) The signatures of the property owner, the tank owner and the permittee;

(c) The UST facility name and location;

(d) The UST permit numbers;

(e) The date of the application;

(f) The date of the UST tightness testing and soil assessment;

(g) The name of the persons performing UST tightness testing and soil assessment;

(h) Description of the assessed area including a sketch showing, but not limited to, property boundaries, location of structures, location and identification of tanks including tank contents and tanks tested, and identification of soil assessment sites;

(i) Assessment findings including, but not limited to, results of laboratory tests, UST tightness testing results, soil matrix calculations (OAR 340-122-0325) and the site inspection results where the underground storage tank remained in place during the assessment;

(j) The actual cost of UST tightness testing and soil assessment.

NOTE: Actual costs include, but are not limited to, paid invoice with related canceled check or vendor receipt if cash payment was made.

(2) The Department shall have access to books, documents, papers and records of the applicant which are directly pertinent to qualifying for the reimbursement grant for the purpose of making audit, examination, excerpts and transcripts. The applicant shall maintain these records for three years after the reimbursement grant payment date.

Stat. Auth.: ORS 466.706 - ORS 466.995 
Stats. Implemented: OL 1989, Ch. 1071 
Hist.: DEQ 21-1989(Temp), f. & cert. ef. 9-18-89; DEQ 12-1990, f. & cert. ef. 3-13-90

 

340-170-0080

Reimbursement Grant Payment

(1) Upon approval of the reimbursement grant application the Department shall determine if sufficient grant funds are available in the Underground Storage Tank Compliance and Corrective Action Fund to make the reimbursement grant payment.

(2) Reimbursement grant applications will qualify for payment on a first come first serve basis based upon the date of receipt of the complete application.

(3) Where the Department determines that grant funds are available, the reimbursement payment will be made after approval of the reimbursement grant application. Reimbursement grant payments will be prioritized by date of receipt of a complete grant application.

(4) Where the Department determines that grant funds are not available, payment will be made as soon as funds are available from the Underground Storage Tank Compliance and Corrective Action Fund. The Department shall notify the applicant in writing that payment of the reimbursement grant will be delayed until funds become available.

(5) The Department and State of Oregon are not obligated to pay the reimbursement grant if grant funds are not available.

(6) The reimbursement grant payment will be by warrant to the reimbursement grant applicant.

NOTE: At this time, the amount of revenue projected to be available for the reimbursement grant program is $3,390,000. If each applicant receives the maximum allowable reimbursement grant of $3,000 per facility location, the Department can provide 1130 reimbursement grants.

(7) Upon payment of the reimbursement grant payment, the Department will issue a written notice of compliance indicating that the assessment and testing have been conducted in accordance with requirements of the Department.

Stat. Auth.: ORS 466.706 - ORS 466.995 
Stats. Implemented: OL 1989, Ch. 1071 
Hist.: DEQ 21-1989(Temp), f. & cert. ef. 9-18-89; DEQ 12-1990, f. & cert. ef. 3-13-90

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