Or. Admin. R. 340-150-0168 - General Permit Requirements for Decommissioning an UST System by Permanent Closure or Change-in-Service

Current through Register Vol. 60, No. 12, December 1, 2021

(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.
(4) If the UST system will be used to store an unregulated substance without removing the tank, the owner and permittee must provide information to DEQ on the proposed use of the UST system with the notice required under section (1) of this rule. Under no circumstance may an UST or any underground piping that has held a regulated substance be used to store water for consumption by humans or livestock or for the watering of feed crops.
(5) At least three working days before beginning the decommissioning, the owner and permittee, or the licensed service provider on behalf of the owner and permittee, must notify DEQ of the confirmed date and time decommissioning will begin to allow observation by DEQ.
(6) The permittee must empty the UST system and clean it by removing all liquids and accumulated sludge. The permittee must recycle or dispose of the USTs and removed materials in accordance with all federal, state and local requirements. If any equipment (i.e., tanks or piping) are to be disposed of instead of recycled, the disposal location must be approved in advance in writing by DEQ.

One or more of the following cleaning and closure procedures may be used:

(a) American Petroleum Institute RP 1604, "Closure of Underground Petroleum Storage Tanks";
(b) American Petroleum Institute Publication 2015, "Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry From Decommissioning Through Recommissioning";
(c) American Petroleum Institute RP 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks" (contains guidance information); or
(d) The National Institute for Occupational Safety and Health (NIOSH) "Criteria for a Recommended Standard: Working in Confined Space" (Publication No. 80-106) (guidance for conducting safe closure procedures at some hazardous substance USTs).
(7) The permittee must perform a site assessment that meets the requirements of OAR 340-150-0180 after the UST system and all ancillary equipment have been removed from the tank pit. If approval of a site assessment plan was required under section (3) of this rule, the site assessment must be conducted in accordance with DEQ's approval.
(8) Within 30 days after completing the field work or other period approved by DEQ, the permittee must complete and submit to DEQ an underground storage tank decommissioning checklist and site assessment report (OAR 340-150-0180) signed by the owner, permittee and service provider.
(9) Except as provided by OAR 340-150-0156, all UST services must be performed under the supervision of a person licensed as a DEQ UST services supervisor who is working for a company licensed as a DEQ UST services service provider in accordance with OAR chapter 340, division 160.
(10) The UST system decommissioning will be considered complete when DEQ approves the completed decommissioning checklist and site assessment report. DEQ will provide a letter to the permittee indicating that the decommissioning is complete.
(11) Until DEQ approves the reports under section (10), the permittee must pay all annual compliance fees when due and any applicable late fees.
(12) The permittee must maintain records of permanent closure, including the site assessment report and associated documents, for three years after the decommissioning checklist and report have been approved. If the UST facility is sold within this time period, the permittee must provide these records to the new property owner (OAR 340-150-0140).

Notes

Or. Admin. R. 340-150-0168
DEQ 6-2003, f. & cert. ef. 2-14-03; DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08; DEQ 188-2018, amend filed 05/14/2018, effective 6/1/2018

Publications referenced are available from DEQ or from the publisher.

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Statutory/Other Authority: ORS 465.200-455 & 466.706-835, 466.994 & 466.995

Statutes/Other Implemented: ORS 465.205, 465.400, 466.706, 466.740, 466.746, 466.750, 466.760, 466.765, 466.770, 466.775, 466.783, 466.785, 466.805, 466.810 & 466.815

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