[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 made. Where federal rule
language is adopted and quoted, it is double indented and italicized.. New
language that has been added to existing federal requirements is in bold font.
Existing federal language that is deleted is noted by [bracketed]
formatting.]
(1) The term "owner and
permittee" is substituted in lieu of the term "owner or operator" as that term
is used throughout 40 C.F.R. Part
280, Subpart H (Oct. 13, 2015).
(2) The following terms are in addition to
the definitions in
40 CFR §
280.92:
(a)
"Owner" means a person who currently owns an UST or owned an UST during
the tank's operational life, including:
(A)
In the case of an UST system in
use on November 8, 1984, or brought into use after that date, any person who
owns an UST system used for storage, use or dispensing of regulated substances;
and
(B)
In the case of
an UST system in use before November 8, 1984, but no longer in use on that
date, any person who owned such UST immediately before the discontinuation of
its use.
(b)
"Permittee" means the owner or person designated by the owner, who is in
control of or has responsibility for daily UST system operation and
maintenance, financial responsibility and UST operator training requirements
under a general permit pursuant to OAR 340-150-0160 through
340-150-0168.
(3)
The following requirement is in addition to
40 CFR §
280.97(a)-(c) (Oct. 13,
2015):
Each insurance policy or cover page must include the UST facility
identification number issued by the department for each UST facility at which
petroleum USTs are located.
(4) 40 CFR. §
280.108(b)(Oct. 13, 2015)
is modified as follows:
(b) [After obtaining
alternate financial assurance as specified in this subpart, an owner or
operator may cancel a financial assurance mechanism by providing notice to the
provider of financial assurance.]
Within 30 days after a substitution is
made, the owner and permittee must:
(1)
Provide notice of cancellation of
the previous financial assurance mechanism to DEQ and the former provider of
financial assurance; and
(2)
Provide a copy of the new financial responsibility mechanism to DEQ that
demonstrates full compliance with the requirements of this
division.
(5) The first sentence of
40
C.F.R. §
280.109(a)
(Oct. 13, 2015) is modified as follows:
(a)
Except as otherwise provided, a provider of financial assurance may cancel or
fail to renew an assurance mechanism by sending a notice of termination by
certified mail to the owner or operator, with a copy provided to the DEQ
by first class mail delivery.
(6)
40 C.F.R. §
280.110(a)(1) (Oct. 13,
2015) is modified as follows:
(1) Within 30
days after the owner or operator identifies a release from an underground
storage tank required to be reported under [§280.53 or §280.61]
OAR 340-122-0205 through 340-122-0360.
(7) The following requirements are in
addition to
40 CFR §
280.110(a)(1)-(a)(3) (Oct.
13, 2015):
(a)
(4) With an application
to modify an UST general permit registration certificate as required by OAR
340-150-0052 for a change in owner or permittee; and
(b)
(5) Within 30 days after a new
financial responsibility mechanism is obtained that replaces or substitutes for
a previous mechanism as required by
40
CFR §
280.108 (Oct. 13,
2015).
(8)
40 C.F.R. §
280.110(a)-(c) (Oct. 13,
2015) is modified by adding the following language:
An owner and
permittee or provider of financial assurance on their behalf, must notify DEQ
by 15 calendar days after the end of the previous month in which any of the
following changes to a liability insurance policy (as amended by endorsement or
certificate of insurance) occur as a result of actions by the owner, permittee
or insurer:
(a)
Cancellation;
(b)
Failure to renew; or
(c)
Issuance of a new or modified insurance policy.
Notes
Or. Admin. R.
340-151-0025
DEQ 6-2003, f. & cert.
ef. 2-14-03;
DEQ
188-2018, amend filed 05/14/2018, effective
6/1/2018
Statutory/Other Authority: ORS
466.746
& 466.815
Statutes/Other Implemented: ORS
466.815
