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DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION 177
RESIDENTIAL HEATING OIL UNDERGROUND
STORAGE TANKS
340-177-0001
Purpose and Scope
This Division specifies requirements for the cleanup of releases of petroleum from underground heating oil tanks, technical standards for the voluntary decommissioning of underground heating oil tanks, and requirements for submittal of technical reports that have been certified by licensed service providers.
Stat. Auth.: ORS 465.200 - ORS 465.320, ORS 466.706 & ORS 466.850 - ORS 466.870
Stats. Implemented: ORS 465.400, ORS 465.405, ORS 466.706, ORS 466.855 & ORS 466.870
Hist.: DEQ 25-1998, f. & cert. ef. 11-2-98; DEQ 29-1998, f. & cert. ef. 12-22-98; DEQ 3-2000, f. & cert. ef. 2-17-00
340-177-0005
Definitions
As used in this Division, the following definitions apply:
(1) "Above-Ground Release" means any release to the land surface or to surface water from the above-ground portion of a residential heating oil tank system and releases associated with overfills and transfer operations during heating oil deliveries to or dispensing from a residential heating oil tank system.
(2) "Below-Ground Release" means any release to the land subsurface having concentrations detected by the Northwest Total Petroleum Hydrocarbon Identification Analytical Method (NWTPH-HCID, DEQ, December 1996), or analytical results of 50 mg/kg or greater for Diesel/Lube Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996), or any release to groundwater having concentrations detected by any appropriate analytical method specified in OAR 340-122-0218. This includes but is not limited to releases from the below-ground portion of a residential heating oil tank and releases to the land subsurface or groundwater associated with overfills and transfer operations as the heating oil is delivered to or dispensed from a residential heating oil tank system.
(3) "Confirmed Release" means petroleum contamination observed in soil or groundwater as a sheen, stain, or petroleum odor, or petroleum contamination detected in soil by the Northwest Total Petroleum Hydrocarbon Identification Analytical Method (NWTPH-HCID, DEQ, December 1996), or analytical results of 50 mg/kg or greater for Diesel/Lube Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996), or detected in groundwater having concentrations detected by any appropriate analytical method specified in OAR 340-122-0218.
(4) "Corrective Action" has the same meaning as given in ORS 466.706.
(5) "Decommissioning" means to remove an underground storage tank from operation by an approved method specified in OAR 340-177-0025, such as abandonment in place (e.g. cleaning and filling with an inert material) or by removal from the ground.
(6) "Department" means the Oregon Department of Environmental Quality.
(7) "Excavation Zone" means an area containing a heating oil tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the heating oil tank system is placed at the time of installation.
(8) "Free Product" means petroleum in the non-aqueous phase (e.g., liquid not dissolved in water).
(9) "Groundwater" means any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir, or other body of surface water within the boundaries of the state, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves.
(10) "Heating Oil" means petroleum that is No. 1, No. 2, No. 4-Heavy, No. 5-Light, No. 5-Heavy, or No. 6 -- Technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); or other fuels when used as substitutes for one of these fuel oils.
(11) "Heating Oil Tank" means any one or combination of underground tanks and above-ground or underground pipes connected to the tank, which is used to contain heating oil used for space heating a building with human habitation, or water heating not used for commercial processing.
(12) "Heating Oil Tank Services" means the decommissioning of a heating oil tank or the performance of corrective action necessary as a result of a release of oil from an underground heating oil tank.
(13) "Petroleum" means gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge, oil refuse, and crude oil fractions and refined petroleum fractions, including gasoline, kerosene, heating oils, diesel fuels, and any other petroleum-related product or waste or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute. "Petroleum" does not include any substance identified as a hazardous waste under 40 CFR Part 261.
(14) "Remediation" or "Remedial Measures" means "Remedial Action" as defined in ORS 465.200(22) and "Removal" as defined by ORS 465.200(24), and is used synonymously with the term "cleanup" in this Division.
(15) "Responsible Person" means "owner or operator" as defined in ORS 465.200(19) and any other person liable for or voluntarily undertaking remediation under ORS 465.200, and is used synonymously with the term "tank owner" in this Division.
(16) "Service Provider" is a firm licensed to offer and perform heating oil tank services on underground heating oil tanks in Oregon.
(17) "Supervisor" means a licensed individual who is charged with the responsibility for directing and overseeing the performance of heating oil tank services at a tank site.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 465.200 - 465.420, 466.706& 466.850 - 466.870
Stats. Implemented: ORS 465.200, 465.400, 466.706, 466.855 & 466.870
Hist.: DEQ 25-1998, f. & cert. ef. 11-2-98; DEQ 29-1998, f. & cert. ef. 12-22-98; DEQ 3-2000, f. & cert. ef. 2-17-00
340-177-0025
Decommissioning Standards and Reporting Requirements
(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. OAR 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.
Stat. Auth.: ORS 466.706
Stats. Implemented: ORS 466.706
Hist.: DEQ 3-2000, f. & cert. ef. 2-17-00
340-177-0055
Cleanup and Reporting Requirements
(1) Within 72 hours after a confirmed release of petroleum from an underground heating oil tank is identified, the licensed service provider or supervisor must report the release to the Department by telephone or in writing, in accordance with OAR 340-163-0020(4). The Department will assign a "site identification" or "log" number for each release, which will serve as confirmation of reporting. If work on the tank is being performed by the tank owner, the tank owner is responsible for the required notification to the Department.
(2) The responsible person must take the following initial abatement actions for any release which has or may result in a sheen on surface water or groundwater, any below-ground release, any above-ground release in excess of 25 gallons, or any above-ground release of less than 25 gallons if the responsible person is unable to contain or clean up the release within 24 hours:
(a) Take immediate action to prevent any further release of heating oil into the environment; and
(b) Identify and mitigate any fire or safety hazards posed by vapors or free product.
(3) If groundwater is encountered at any time during release identification or cleanup, or if any fire or safety hazards are posed by vapors or free product that has migrated from the excavation zone, the Department must be notified immediately. The Department may require that additional investigation or cleanup be conducted before proceeding further with the requirements of OAR 340-177-0055(3) and (4). Any free product observed must be removed in accordance with the requirements of 340-122-0235;
(4) The following actions must be taken for each release:
(a) Remove as much of the product as possible from the heating oil tank to prevent further release to the environment;
(b) Conduct a visual inspection of any above-ground release(s) or exposed below-ground release(s) and take actions necessary to prevent any further migration of the heating oil into surrounding soils and groundwater;
(c) Remedy any hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or cleanup. If cleanup includes treatment or disposal of contaminated soils, the responsible person and service provider must comply with all applicable state and local requirements. Stock-piled contaminated soil must be placed on an impermeable material (e.g. visqueen) and covered and bermed to prevent run-off. Storage of contaminated soil longer than 30 days requires a solid waste letter of authorization permit from the Department and may be prohibited by local jurisdictions; and
(d) Measure for the presence of a release where contamination is most likely to be found at the residential heating oil tank site. In selecting sample types, sample locations, and measurement methods, the responsible person or service provider must consider the nature of the stored substance, the type of back-fill material that is present, depth to groundwater, and other factors as appropriate for identifying the presence and source of the release.
(5) Within forty-five days after the date a release from a heating oil tank is reported to the Department, the responsible person or service provider must submit a written initial cleanup report to the Department, if groundwater is encountered at any time during cleanup or during tank investigation, if any fire or safety hazards posed by vapors or free product have not yet been eliminated, or if cleanup at the site is not expected to begin until after forty-five days from the date the release is reported.
(a) The written report may be a narrative report or on a form provided by the Department, that adequately describes any and all actions taken in accordance with section (3) of this rule;
(b) The amount in gallons of heating oil removed and the name of the disposal or reuse location must be included in the report; and
(c) If cleanup has not been initiated within the first forty-five days after the release is discovered, a proposed schedule for cleanup of the release must be included in the report.
(6) Within sixty days of completing cleanup at a heating oil tank release site or within another longer period of time approved by the Department, the responsible person or service provider must submit to the Department, as a narrative report or on a form provided by the Department, a final cleanup report, which includes, as a minimum, the following information:
(a) A narrative section describing how the release was discovered, what initial measures were taken to control the spread of contamination, what was observed when the tank was removed from the pit (odor, sheen, stained soils, holes in tank or lines, etc.), how the cleanup was done, how much contaminated soil was removed, what was done with the contaminated soil and the decommissioned tank and piping, who collected the samples, how the samples were collected, stored, and shipped to the laboratory, and any problems encountered during the cleanup or sample collection process;
(b) A description of all actions taken under OAR 340-177-0055(3), as a narrative report or on a form provided by the Department;
(c) 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;
(d) 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;
(e) 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; and any unusual or unexpected problems encountered during the sample collection which may have affected the sample integrity;
(f) Copies of all laboratory data reports;
(g) Copies of all receipts or permits related to the disposal of free product, contaminated soil, contaminated water, or decommissioned tanks and piping;
(h) A summary of the concentrations measured in the final round of samples from each sampling location;
(i) In cases where groundwater was present in the tank excavation zone, a summary of the data collected;
(j) The type of cleanup option selected and implemented under OAR 340-177-0065(1); and
(k) Any other relevant information that adds clarity to the specifics of the individual cleanup project, such as photographs taken during tank cleaning, removal, and sample collection activities.
(6) All written reports and correspondence required to be submitted to the Department must include the following information:
(a) Name of property owner and address of property;
(b) Site identification or log number assigned to the property by the Department;
(c) Name of the service provider working on the project, including license number and expiration date; and
(d) Name and signature of the person preparing the report.
Stat. Auth.: ORS 465.200 - ORS 465.400
Stats. Implemented: ORS 465.260
Hist.: DEQ 25-1998, f. & cert. ef. 11-2-98; DEQ 3-2000, f. & cert. ef. 2-17-00; Renumbered from 340-177-0110
340-177-0065
Cleanup Options and Technical Requirements
(1) Depending on the extent of contamination and other relevant factors, the responsible person must determine which type of cleanup option is best suited for the release, using the following:
(a) Soil Matrix, OAR 340-122-0320 through 340-122-0360;
(b) Risk-Based, OAR 340-122-0244 and Corrective Action Plan, 340-122-0250; or
(c) Generic Remedy, as approved by the Department pursuant to OAR 340-122-0252 and as applicable to residential heating oil tank releases.
(2) For the specific cleanup option selected, additional written report requirements may be required and must be included as specified by the applicable regulations.
(3) Public participation will be provided by the Department as required for the specific cleanup option selected in section (1) of this rule.
(4) Sampling and analysis must be conducted in accordance with OAR 340-122-0218, unless otherwise specified by the cleanup option selected in section (1) of this rule.
(5) All samples must be collected in accordance with OAR 340-122-0340 and 340-122-0345.
(6) Evaluation of analytical results must be conducted in accordance with OAR 340-122-0355.
Stat. Auth.: ORS 465.200 - ORS 465.420
Stats. Implemented: ORS 465.260 & ORS 465.400
Hist.: DEQ 25-1998, f. & cert. ef. 11-2-98; DEQ 3-2000, f. & cert. ef. 2-17-00; Renumbered from 340-177-0120
340-177-0095
Certified Reports
(1) The tank owner, or service provider on owner's behalf, must submit certified project reports and receive approval from the Department for heating oil tank services performed at underground heating oil tank sites. This applies to the following projects:
(a) Decommissioning projects where the tank owner voluntarily requests Department approval; and
(b) All underground heating oil tank cleanup projects.
(2) Service providers licensed in accordance with Chapter 340, Division 163 are eligible to submit certified reports.
(3) Certified reports submitted to the Department must be accompanied by the required filing fee of $50 for decommissioning of a tank with no confirmed release and $125 for decommissioning of a tank with a confirmed release. Filing fees are non-refundable.
(4) Certified reports must contain specific information as set forth below:
(a) For a voluntary decommissioning performed after March 15, 2000: The decommissioning report as required by OAR 340-177-0025 and decommissioning certification as required by 340-163-0060.
(b) For a voluntary decommissioning performed prior to March 15, 2000:
(A) If the work was performed by a service provider licensed to perform soil matrix cleanup or UST decommissioning at the time the service was provided and two soil samples were collected in general conformity with the requirements of OAR 340-177-0025, a report that meets the general requirements of 340-177-0025(3) is sufficient;
(B) If no soil samples were collected, or if the sampling work was performed by an unlicensed contractor, a licensed service provider must conduct a site assessment that meets the requirements of OAR 340-177-0025(2)(c) and must include a report that meets the requirements 340-177-0025(3).
(c) For all heating oil tank cleanup projects, the cleanup certification provided in accordance with OAR 340-163-0060 must be accompanied by the specific report required by either or both 340-177-0055(4) and (5) and 340-177-0065(2) based on the cleanup option selected for the site.
(5) Department approval will be provided in the form of a letter to the tank owner, with a copy to the certifying service provider, that indicates the certified report has been registered and Department files on the project have been closed.
Stat. Auth.: ORS 466.706
Stats. Implemented: ORS 466.706
Hist.: DEQ 3-2000, f. & cert. ef. 2-17-00; DEQ 8-2005, f. & cert. ef. 7-14-05
340-177-0110 [Renumbered to 340-177-0055]
340-177-0120 [Renumbered to 340-177-0065]
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