Or. Admin. Code § 340-172-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-172-0020 - General Provisions, UST Financial Assistance

(1) To qualify for financial assistance under these rules, a person:

(a) Must be the owner of the USTs at a facility holding or that held an accumulation of motor fuel for resale; or

(b) Must be the person responsible for the USTs at a facility holding or that held an accumulation of motor fuel for resale. A person responsible for the USTs at the facility must be:

(A) The property owner; or

(B) The permittee of the USTs.

(c) May be required to demonstrate financial need.

(2) A person may apply for financial assistance at the UST facility jointly with other eligible persons as determined in section (1) of this rule if the persons receiving financial assistance provide a copy of a signed legal contract with the application that defines the proportionate share of the financial assistance to be paid to each person.

(3) A person owning or responsible for a UST may qualify to receive any or all of the following financial assistance for UST project work at a facility location. Individual tanks at a facility location with multiple tanks are not each eligible for separate assistance:

(a) Copayment for a portion of the insurance premium for a policy that meets the UST financial responsibility requirements (See OAR 340, division 174.);

(b) Grant (See OAR 340, division 175);

(c) Loan guarantee for a loan obtained from a commercial lending institution (See OAR 340, division 176.);

(d) Reduced interest rate for a loan obtained from a commercial lending institution (See OAR 340, division 178.).

(4) A person owning or responsible for a UST may qualify to receive financial assistance for UST project work provided all of the following conditions are met:

(a) The USTs are regulated or were previously regulated by OAR 340, division 150 and federal regulation 40 C.F.R. § 280 ;

(b) UST project work:

(A) Was started after December 22, 1988;

(B) Was approved for financial assistance by issuance of an UST financial assistance confirmation letter pursuant to OAR 340, divisions 174, 175, 176 or 178 on or before December 31, 1994; and

(C) Will be started by March 1, 1995.

(c) Each UST has a valid UST permit or had a valid UST permit before permanently decommissioning, as required by OAR 340, division 150;

(d) The UST holds an accumulation of motor fuel for resale or that held an accumulation of motor fuel for resale before temporary or permanent decommissioning (closure);

(e) Financial assistance under these rules was not provided to another person for work approved under these rules;

(f) A site assessment for all tanks containing motor fuel for resale is to be or has been performed in accordance with OAR 340, division 122 and these rules;

(g) The UST does not hold motor fuel used as fuel for the operation of aircraft;

(h) The UST does not hold motor fuel used as fuel for the operation of boats or marine vessels;

(i) UST project work meets or will meet, upon project completion, the 1998 requirements of OAR 340, division 150, including:

(A) Corrosion resistance;

(B) Spill prevention and overfill prevention;

(C) Leak detection; and

(D) Where applicable, Stage I and II vapor collection system requirements in OAR 340, division 22.

(j) The UST project site will meet the cleanup standards in OAR 340, division 122.

(5) A person owning or responsible for USTs permanently decommissioned (closed) in accordance with federal regulation 40 C.F.R. § 280 between December 22, 1988 and April 1, 1992 and not replaced with another UST shall meet the requirements of subsections (4)(a)-(i) of this rule.

(6) Financial assistance may be provided for any or all of the following:

(a) Site assessment and corrective action to clean up soil and groundwater contamination in accordance with OAR 340, division 122 and/or in accordance with the decommissioning requirements in OAR 340, division 150;

(b) Upgrading or replacing a UST to new UST standards in accordance with OAR 340, division 150 and federal UST regulation 40 CFR 280 ;

(c) Replacing existing USTs with aboveground storage tanks in accordance with state or local fire codes and federal aboveground storage tank regulation 40 CFR Part 112 ;

(d) Installation of Stage I and II vapor collection system underground piping, hoses and nozzles in accordance with OAR 340, division 22 to meet present or future requirements for Stage I or II vapor collection;

(e) Copayment for a portion of the insurance premium for a policy that meets UST financial responsibility requirements of OAR 340, division 150 and federal UST regulation 40 C.F.R. § 280 .

NOTE: The legislature intended to provide financial assistance for the purpose of upgrading motor fuel resale facilities to comply with Federal/State underground storage tank regulations. The Department will not approve financial assistance where the person intends to close a facility and not resell motor fuel.

(7) Project costs for UST project work shall meet the requirements of this section:

(a) Financial assistance for UST project work is available for:

(A) Equipment, labor and materials provided by a licensed UST service provider;

(B) Equipment, labor and materials to replace an UST with an AST;

(C) Equipment, employee labor and materials supplied by the applicant, provided the labor charge and hours charged to the project are approved by the Department;

(D) Interest paid lender during construction phase;

(E) Loan fees;

(F) Application and loan related project management, financial management or similar consultant fees;

(G) Preparing engineering reports, schedules, plans, designs, and conducting project oversight and inspections;

(H) Site assessment including engineering and hydrological investigations, testing of soil and water samples and related reports;

(I) Corrective action to remove petroleum contamination of soil and surface and groundwaters;

(J) Treatment and disposal of contaminated soil, liquids, sludges, and USTs;

(K) Tank tightness testing required as part of UST project work; and

(L) Other costs that the Department may approve.

(b) Financial assistance for UST project work is not available for:

(A) Work on a UST that is not supervised by a licensed UST supervisor;

(B) Acquisition of land and rights-of-way;

(C) Costs which are treated as operation and maintenance expenses under general accounting practices;

(D) Costs previously paid under OAR 340, division 170;

(E) Tax credits claimed and received as an Oregon Pollution Control Tax Credit under OAR 340, division 16;

(F) Costs resulting from lost business while a UST is being upgraded, a UST is being replaced or while corrective action is being conducted;

(G) Insurance premiums or other costs associated with meeting state and federal UST financial responsibility requirements before completion of the project;

(H) Labor provided by an employee of the applicant where the labor has not been approved by the Department;

(I) Costs that are recoverable by the applicant, the property owner, the tank owner or permittee from insurance coverage or other persons or entities liable for those costs;

(J) Costs for bodily injury or damage to personal property of a third party;

(K) Costs not directly attributed or contributing to completion of the project;

(L) Interest and financing charges due to untimely payment of contractors and suppliers of material, equipment and labor;

(M) Labor performed by the applicant;

(N) Tanks other than tanks containing motor fuel for resale;

(O) Payment for insurance required to demonstrate financial responsibility in accordance with OAR 340-172-0090;

(P) Annual tank tightness testing not required as part of UST project work; and

(Q) Other work not expressly included under subsection (a) of this section.

(8) An applicant may only receive financial assistance for UST project work if all applicable financial assistance confirmation letters are signed by the Department on or before December 31, 1996.

(9) An applicant may receive financial assistance when relocating an existing facility to another geographical location, providing:

(a) The new resale facility services the same customer base as the original facility;

(b) The new resale facility is within five road miles of the original facility unless the Department determines the facility meets the requirements of subsection (a) of this section;

(c) Construction is completed at the new resale facility within 90 days after confirmation of UST project work unless otherwise approved by the Department;

(d) Financial assistance is based upon the original location; and

(e) Both facilities meet the requirements of these rules, including a site assessment in accordance with the requirements of OAR 340-172-0050 at the location of any UST or AST at the new resale facilities.

(10) If the applicant disputes a Department finding under this rule, the applicant may seek resolution of the dispute through the appeals procedures in OAR 340-172-0110.

Or. Admin. Code § 340-172-0020

DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91; DEQ 14-1992, f. & cert. ef. 6-11-92; DEQ 8-1994, f. & cert. ef. 3-22-94; DEQ 52-2017, minor correction filed 12/19/2017, effective 12/19/2017; DEQ 13-2019, amend filed 05/16/2019, effective 5/16/2019

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: OL 1993 & Ch. 661

Statutes/Other Implemented: OL 1991, Ch. 863 & OL 1993 & Ch. 661