Current through Register Vol. 63, No. 3, March 1, 2024
(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.
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