Or. Admin. R. 340-177-0025 - Decommissioning Standards and Reporting Requirements

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

(1) Any responsible person for property where a heating oil tank is located who voluntarily decommissions the tank, or a licensed service provider contracted to perform the work, must conduct the work in accordance with the standards set forth in this section and insure that appropriate safety precautions are maintained at all times.
(2) The decommissioning must be conducted using a national code of practice, such as, "Removal and Disposal of Used Underground Petroleum Storage Tanks,' American Petroleum Institute (API) 1604, (March, 1996) or Uniform Fire Code Article 79. The specific procedures used must be stated in required reports. The following actions must be taken in all cases:
(a) The tank and associated piping must be cleaned as thoroughly as possible to the maximum extent practicable of all product, sludge and/or water rinsate. This material must be recycled or disposed of in accordance with all local, state, and federal requirements;
(b) The cleaned, empty tank must be: removed from the ground and disposed or recycled appropriately, or the tank must be completely filled in-place with a non-reactive (i.e. inert) solid material that is compacted in the tank and that is appropriate for individual site conditions; and
(c) A site assessment must be conducted to determine if a release has occurred using the following procedures:
(A) If the tank is removed during decommissioning: collect two soil samples, one from each end of the excavation. Each sample must be collected at least six inches in native soil below the bottom of the excavation, but no more than one foot below the bottom of the former heating oil tank.
(B) If the tank is decommissioned in-place: collect two soil samples, one from each end of the tank, no more than six inches from the end of the tank. Each sample must be collected at least one foot, but no more than two feet, below the bottom of the tank.
(C) If there are obvious areas of contamination based on visual observations or odors, samples must be collected from these areas of worst contamination, in addition to (A) or (B) of this subsection.
(d) Soil samples must be collected in accordance with OAR 340-122-0340 and 340-122-0345 and analyzed for Diesel/Lube Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996) in accordance with 340-122-0218.
(e) If groundwater is encountered during soil boring or in the tank excavation, a water sample must be collected. The sample must be collected in accordance with OAR 340-122-0340 and 340-122-0345 and analyzed for benzene, toluene, ethylbenzene, and total xylenes (BTEX) and polynuclear aromatic hydrocarbons (PAHs) in accordance with 340-122-0340(4)(B) and (C).
(f) If contamination is detected that exceeds confirmed release levels as defined in OAR 340-177-0005(3), the decommissioning is now considered to be a cleanup project instead of a decommissioning project. 340-177-0055 outlines reporting and cleanup project requirements.
(3) A report documenting the actions taken must accompany any certified decommissioning report and request for Department approval in accordance with OAR 340-177-0095. The report must contain the following information:
(a) Name of property owner and address of property;
(b) Name of the licensed service provider responsible for the project, including license number and expiration date;
(c) Name, date and signature of the person preparing the report;
(d) Information about the decommissioned tank, including approximate tank size, amount of product/sludge removed from the tank, reference name of the national code of practice procedure followed during decommissioning, and the amount and type of fill material used if tank was decommissioned in-place;
(e) A site map, drawn approximately to scale, showing the location of all buildings on the property and on adjacent properties, and location of the heating oil tank;
(f) A sketch of the site that clearly shows all of the sample locations and depths and identifies each location with a unique sample identification code;
(g) Copies of chain-of-custody forms for all soil and water samples collected, which forms include, but are not limited to: the date, time and location of the sample collection; a unique sample identification number; the name of the person collecting the sample; any unusual or unexpected problems encountered during the sample collection which may have affected the sample integrity;
(h) Copies of all laboratory data reports;
(i) Copies of all receipts or permits related to the disposal of free product, contaminated rinsate water, or decommissioned tanks and piping;
(j) A summary table of the concentrations measured for all samples;
(k) In cases where groundwater was present in the tank excavation zone, a summary of the data collected; and
(l) Any other relevant information that adds clarity to the specifics of the individual decommissioning project, such as photographs taken during tank cleaning, removal, and sample collection activities.

[NOTE: View a PDF of NW Petroleum Hydrocarbon Identification Method by clicking on "Tables" link below.]

Notes

Or. Admin. R. 340-177-0025
DEQ 3-2000, f. & cert. ef. 2-17-00; DEQ 13-2019, amend filed 05/16/2019, effective 5/16/2019

To view tables referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 466.706

Statutes/Other Implemented: ORS 466.706

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