Oregon Revised Statutes Chapter 466 § 466.746 — Commission rules; considerations

Commission rules; considerations. (1) The Environmental Quality Commission may establish by rule: (a) Performance standards, consistent with standards adopted by the federal government, for leak detection systems, inventory control, tank testing or comparable systems or programs designed to detect or identify releases in a manner consistent with the protection of public health, safety, welfare or the environment; (b) Requirements for maintaining records and submitting information to the Department of Environmental Quality in conjunction with a leak detection or identification system or program used for each underground storage tank; (c) Performance standards for underground storage tanks including but not limited to design, retrofitting, construction, installation, release detection and material compatibility; (d) Requirements for the temporary or permanent decommissioning of an underground storage tank; (e) Requirements for reporting a release from an underground storage tank; (f) Requirements for a permit issued under ORS 466.760; (g) Procedures that distributors of regulated substances and sellers of underground storage tanks must follow to satisfy the requirements of ORS 466.760; (h) Acceptable methods by which an owner or permittee may demonstrate financial responsibility for responding to the liability imposed under ORS 466.815; (i) Procedures for the disbursement of moneys collected under ORS 466.795; (j) Requirements for reporting corrective action taken in response to a release; (k) Requirements for taking corrective action in response to a release; (L) Requirements for soil assessment and tank tightness tests which shall not be more stringent soil assessment and tank tightness testing requirements than required by the federal government; (m) Provisions necessary to carry out the underground storage tank loan guarantee program authorized by section 4, chapter 1071, Oregon Laws 1989; and (n) Any other rule necessary to carry out the provisions of ORS 466.706 to 466.882 and 466.994. (2) So long as requirements are administered uniformly within each area or region of the state, the commission may adopt different requirements for different areas or regions of the state if the commission finds either of the following: (a) More stringent rules or standards are necessary: (A) To protect specific waters of the state, a sole source or sensitive aquifer or any other sensitive environmental amenity; or (B) Because conditions peculiar to that area or region require different standards to protect public health, safety, welfare or the environment. (b) Less stringent rules or standards are: (A) Warranted by physical conditions or economic hardship; (B) Consistent with the protection of the public health, safety, welfare or the environment; and (C) Not less stringent than minimum federal requirements. (3) The rules adopted by the commission under subsection (1) of this section may distinguish between types, classes and ages of underground storage tanks. In making such distinctions, the commission may consider the following factors: (a) Location of the tanks; (b) Soil and climate conditions; (c) Uses of the tanks; (d) History of maintenance; (e) Age of the tanks; (f) Current industry recommended practices; (g) National consensus codes; (h) Hydrogeology; (i) Water table; (j) Size of the tanks; (k) Quantity of regulated substances periodically deposited in or dispensed from the tank; (L) The technical ability of the owner or permittee; and (m) The compatibility of the regulated substance and the materials of which the tank is fabricated. (4) In adopting rules under subsection (1) of this section, the commission shall consider all relevant federal standards and regulations on underground storage tanks. If the commission adopts any standard or rule that is different than a federal standard or regulation on the same subject, the report submitted to the commission by the department at the time the commission adopts the standard or rule shall indicate clearly the deviation from the federal standard or regulation and the reasons for the deviation. [1991 c.863 §14 (enacted in lieu of 466.745)] (Licenses; Permits)