[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Rules and Regulations]
[Pages 25366-25371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9931]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R10-UST-2011-0097; FRL-9615-4]


Underground Storage Tank Program: Approved State Program for the 
State of Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Resource Conservation and Recovery Act of 1976 (RCRA), as 
amended, authorizes the United States Environmental Protection Agency 
(EPA) to grant approval to any State to operate its underground storage 
tank program in the State in lieu of the federal program. The 
regulation codifies EPA's decision to approve State programs and 
incorporates by reference those provisions of the State statutes and 
regulations that will be subject to EPA's inspection and enforcement 
authorities under sections 9005 and 9006 of RCRA subtitle I and other 
applicable statutory and regulatory provisions. This rule codifies the 
prior approval of Oregon's underground storage tank program and 
incorporates by reference appropriate provisions of state statutes and 
regulations.

DATES: This regulation is effective June 29, 2012, unless EPA publishes 
a prior Federal Register document withdrawing this direct final rule. 
All comments on the codification of Oregon's underground storage tank 
program must be received by the close of business May 30, 2012. The 
incorporation by reference of certain publications listed in the 
regulations is approved by the Director of the Federal Register, as of 
June 29, 2012, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Comments may be submitted, identified by Docket ID No. EPA-
R10-UST-2011-0097, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions 
for submitting comments.
     Email: [email protected].
     Mail: Katherine Griffith, U. S. Environmental Protection 
Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: OCE-082, 
Seattle, WA 98101.
     Comments received by EPA may be inspected in the public 
docket online and in the EPA Region 10 Library, 1200 Sixth Avenue, 
Seattle, WA 98101, from 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m., Monday 
through Friday, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R10-UST-
2011-0097. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identify or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any

[[Page 25367]]

disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy.

FOR FURTHER INFORMATION CONTACT: Katherine Griffith, U. S. 
Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 
900, Mail Stop: OCE-082, Seattle, WA 98101, phone number: (206) 553-
2901, email: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    Section 9004 of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991c, authorizes the United States 
Environmental Protection Agency (EPA) to approve a State to operate its 
underground storage tank program in the State in lieu of the federal 
underground storage tank program. EPA published a Federal Register 
document announcing its decision to grant approval to Oregon on 
September 16, 2011, and approval was effective on September 16, 2011 
(76 FR 57659).
    EPA codifies its approval of State programs in 40 CFR part 282 and 
incorporates by reference therein those provisions of the State 
statutes and regulations that are subject to EPA's inspection and 
enforcement authorities under sections 9005 and 9006 of subtitle I of 
RCRA, 42 U.S.C. 6991d and 6991e, and other applicable statutory and 
regulatory provisions. Today's rulemaking codifies EPA's approval of 
Oregon's underground storage tank program. This codification reflects 
the State program in effect at the time EPA grants Oregon approval 
under section 9004, 42 U.S.C. 6991c, for its underground storage tank 
program. Notice and opportunity for comment were provided earlier on 
the Agency's decision to approve the Oregon program, and EPA is not now 
reopening that decision nor requesting comment on it.
    This effort provides clear notice to the public of the scope of the 
approved program in each state. By codifying the approved Oregon 
program and by amending the Code of Federal Regulations (CFR) whenever 
a new or different set of requirements is approved in Oregon, the 
status of federally-approved requirements of the Oregon program will be 
readily discernible. Only those provisions of the Oregon underground 
storage tank program EPA has approved will be incorporated by reference 
for enforcement purposes.
    To codify EPA's approval of Oregon's underground storage tank 
program, EPA has added Sec.  282.87 to Title 40 of the CFR. Section 
282.87(d)(1)(i) incorporates by reference for enforcement purposes the 
State's statutes and regulations. Section 282.87 also references the 
Attorney General's Statement, Demonstration of Adequate Enforcement 
Procedures, the Program Description, and the Memorandum of Agreement, 
which are approved as part of the underground storage tank program 
under subtitle I of RCRA.
    EPA retains the authority under sections 9003(h), 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and 6991e, and other 
applicable statutory and regulatory provisions to undertake corrective 
actions, inspections and enforcement in approved States. With respect 
to such actions, EPA will rely on federal sanctions, federal inspection 
authorities, and federal procedures rather than the State authorized 
analogues to these provisions. Therefore, the approved Oregon 
enforcement authorities will not be incorporated by reference. Section 
282.87 lists those approved Oregon authorities that would fall into 
this category.
    The public also needs to be aware that some provisions of the 
State's underground storage tank program are not part of the federally-
approved State program, because such provisions are ``broader in 
scope'' than subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a 
result, State provisions which are ``broader in scope'' than the 
federal program are not incorporated by reference for purposes of 
enforcement in Part 282. Section 282.87 of the codification simply 
lists for reference and clarity the Oregon statutory and regulatory 
provisions which are ``broader in scope'' than the federal program and 
which are not, therefore, part of the approved program being codified 
today. ``Broader in scope'' provisions cannot be enforced by EPA; the 
State, however, will continue to implement and enforce such provisions.

B. Statutory and Executive Order Review

    This final rule only applies to Oregon's UST Program requirements 
pursuant to RCRA Section 9004 and imposes no requirements other than 
those imposed by State law. It complies with applicable EOs and 
statutory provisions as follows:

1. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this rule 
from its review under Executive Order 12866.

2. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
because this rule does not establish or modify any information or 
recordkeeping requirements for the regulated community and only seeks 
to authorize the pre-existing requirements under State law and imposes 
no additional requirements beyond those imposed by State law.

3. Regulatory Flexibility Act

    After considering the economic impacts of today's rule on small 
entities under the Regulatory Flexibility Act, I certify that this rule 
will not have a significant economic impact on a substantial number of 
small entities because the rule will only have the effect of 
authorizing pre-existing requirements under State law and imposes no 
additional requirements beyond those imposed by State law.

4. Unfunded Mandates Reform Act

    Because today's rulemaking codifies pre-existing requirements under 
Oregon state law and does not impose any additional enforceable duty 
beyond that required by Oregon state law, it does not contain any 
unfunded mandate or significantly or uniquely affect small governments, 
as described in the Unfunded Mandates Reform Act.

5. Executive Order 13132: Federalism

    Executive Order 13132 does not apply to this rule because this 
final rule does not have Federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among various levels of government.

[[Page 25368]]

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 does not apply because this rule does not 
have tribal implications (i.e., substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes). EPA retains its 
authority in Indian Country.

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it will codify a 
state program.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 because it is not 
a ``significant regulatory action'' as defined under Executive Order 
12866.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), (15 U.S.C. 272), directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This rulemaking 
does not involve technical standards. Therefore, the NTTAA does not 
apply.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. EPA has determined that this rule 
will not have disproportionately high and adverse human health or 
environmental effects on minority or low-income populations. This rule 
does not affect the level of protection provided to human health or the 
environment because this rule codifies pre-existing State rules which 
are no less stringent than existing Federal requirements.

11. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 282

    Environmental protection, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, State program approval, 
Underground storage tanks and Water pollution control.

    Authority: This document is issued under the authority of 
Section 9004 of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991c.

    Dated: April 10, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 282 is 
amended as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

Subpart B--Approved State Programs

0
2. Add Sec.  282.87 to subpart B to read as follows:


Sec.  282.87  Oregon State-Administered Program.

    (a) The State of Oregon is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
subtitle I of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as 
administered by the Oregon Department of Environmental Quality, was 
approved by EPA pursuant to 42 U.S.C. 6991c and Part 281 of this 
Chapter. EPA published the notice of final determination approving the 
Oregon underground storage tank program on September 16, 2011, and it 
became effective on that date.
    (b) Oregon has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise 
its corrective action, inspection and enforcement authorities under 
sections 9003(h), 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d and 6991e, as well as its authority under other 
statutory and regulatory provisions.
    (c) To retain program approval, Oregon must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Oregon obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be 
published in the Federal Register.
    (d) Oregon has final approval for the following elements submitted 
to EPA in its program application as of September 16, 2011.
    (1) State statutes and regulations. (i) The provisions cited in 
this paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other than that 
specified in this section, the Environmental Protection Agency must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of the material at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of Oregon's program 
application may be obtained from the Underground Storage Tank Program, 
Oregon Department of Environmental Quality, 811 SW Sixth Avenue, 
Portland, Oregon, 97204.
    (A) Oregon Statutory Requirements Applicable to the Underground 
Storage Tank Program, 2009.
    (B) Oregon Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 2009.
    (ii) EPA considered the following statutes and regulations in 
evaluating the State program, but did not incorporate them by 
reference.

[[Page 25369]]

    (A) The statutory provisions include:
    (1) Oregon Revised Statutes, Chapter 183, Administrative Procedures 
Act, 2009, insofar as the provisions and procedures apply to the 
underground storage tank program.
    (2) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal 
or Remedial Action: Sections 465.200-465.482 and 465.900), insofar as 
these provisions apply to matters involving an ``underground storage 
tank'' as that term is defined in ORS 466.706(21), as limited by the 
exclusions listed in ORS 466.710, except that the term does not include 
a tank used for storing heating oil for consumptive use on the premises 
where stored. The following Sections are part of the approved state 
program, although not incorporated by reference herein for enforcement 
purposes: Sections 465.205 through 465.250, 465.257 through 465.300, 
465.310 through 465.335, 465.400 through 465.435, 465.445 through 
465.455 and 465.900.
    (3) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil 
Storage Tanks: Sections 466.706-466.920 and Sections 466.990-466.995), 
insofar as these provisions apply to matters involving an ``underground 
storage tank'' as that term is defined in ORS 466.706(21), as limited 
by the exclusions listed in ORS 466.710, except that the term does not 
include a tank used for storing heating oil for consumptive use on the 
premises where stored. The following Sections are part of the approved 
state program, although not incorporated by reference herein for 
enforcement purposes: Sections 466.715 through 466.735, 466.746, 
466.760, 466.775 through 466.780, 466.791 through 466.810, 466.820, 
466.830 through 466.845, 466.901 through 466.920 and 466.994 through 
466.995.
    (4) Chapter 468 Environmental Quality Generally, insofar as these 
provisions apply to matters involving an ``underground storage tank'' 
as that term is defined in ORS 466.706(21), as limited by the 
exclusions listed in ORS 466.710, except that the term does not include 
a tank used for storing heating oil for consumptive use on the premises 
where stored. The following Sections are part of the approved state 
program, although not incorporated by reference herein for enforcement 
purposes: Sections 468.005 through 468.050, 468.090 through 468.140 and 
468.963.
    (B) The regulatory provisions include:
    (1) Oregon Administrative Rules, Chapter 340, Division 11: Section 
340-11-0545
    (2) Oregon Administrative Rules, Chapter 340, Division 12: Sections 
340-012-0026 through 340-012-0053, 340-012-0067 (with the exception of 
subparagraphs (1) (k) and (l) and (2) (g) through (j)), 340-012-0074 
(with the exception of subparagraph (1) (g)) and 340-012-0170 insofar 
as this applies to violations involving an underground storage tank.
    (3) Oregon Administrative Rules, Chapter 340, Division 122: 
Sections 340-122-0074 through 340-122-0079 and 340-122-0130 through 
340-122-0140.
    (4) Oregon Administrative Rules, Chapter 340, Division 142: Section 
340-142-0120.
    (5) Oregon Administrative Rules, Chapter 340, Division 150: 
Sections 340-150-0150 through 340-150-0152, 340-150-0250, 340-150-0600 
through 340-150-0620.
    (6) Oregon Code of Civil Procedure 33C
    (7) Oregon Administrative Rules, Chapter 690, Division 240, insofar 
as these provisions apply to matters involving an ``underground storage 
tank'' as that term is defined in ORS 466.706(21), as limited by the 
exclusions listed in ORS 466.710, except that the term does not include 
a tank used for storing heating oil for consumptive use on the premises 
where stored. The following Sections are part of the approved state 
program, although not incorporated by reference herein for enforcement 
purposes: Sections 690-240-0015, 690-240-0020, 690-240-0055 through 
690-240-0340 and 690-240-0560 through 690-240-0640.
    (iii) The following specifically identified sections and rules 
applicable to the Oregon underground storage tank program that are 
broader in scope than the federal program, are not part of the approved 
program, and are not incorporated by reference herein for enforcement 
purposes.
    (A) The statutory provisions include:
    (1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal 
or Remedial Action): Sections 465.305; 465.340 through 465.391; 
465.440; and 465.475 through 465.482.
    (2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil 
Storage Tanks): Sections 466.750; 466.783 through 466.787; 466.858 
through 466.882; and 466.990 through 466.992):
    (3) Chapter 468, Environmental Quality Generally: Sections 468.055 
through 468.089:
    (B) The regulatory provisions include:
    (1) Oregon Administrative Rules, Chapter 340: Divisions 160, 162, 
163, 170, 177 and 178.
    (2) Oregon Administrative Rules, Chapter 837, Division 40.
    (2) Statement of legal authority. The Attorney General Statement, a 
letter signed on June 21, 2010, though not incorporated by reference, 
is referenced as part of the approved underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the application for approval on July 19, 2010, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the application on July 19, 2010, though 
not incorporated by reference, are referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 10 and the Oregon Department of Environmental Quality, 
signed by the EPA, Regional Administrator on July 11, 2011, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

0
3. Appendix A to Part 282 is amended by adding in alphabetical order 
``Oregon'' and its listing.

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

Oregon

    (a) The statutory provisions include:
    (1) Chapter 465, Hazardous Waste and Hazardous Materials I 
(Removal or Remedial Action Sections 465.200 through 465.482 and 
465.900.):
    465.200 Definitions for ORS 465.200 to 465.545 (except for 
Sections 465.200(5) through (11) and (17) defining terms contained 
in the dry cleaning requirements; (13) ``facility'' insofar as it 
applies to a facility that is not an underground storage tank; (16) 
``hazardous substance'' insofar as it applies to hazardous wastes 
and any substance that is not otherwise defined as a hazardous 
substance pursuant to section 101(14) of the federal Comprehensive 
Environmental Response, Compensation and Liability Act or that is 
not oil; (28) ``underground storage tank'' insofar as it includes 
any tank or piping that is excluded under ORS 466.710 and also any 
tank used to store heating oil for consumptive use on the premises 
where stored.)
    465.255 Strict liability for remedial action costs for injury or 
destruction of natural

[[Page 25370]]

resource; limited exclusions (except insofar as this includes a 
person who is not an owner or operator of an underground storage 
tank and except insofar as the exclusions would exclude persons who 
would be liable under Section 9003(h)(6) of RCRA).
    (2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil 
Storage Tanks):
    466.706 Definitions for ORS 466.706 to 466.882 and 466.994 
(except for the following definitions: Section 466.706(17) 
``regulated substance'' insofar as it would include substances 
designated by the commission under subsection (c) that are not 
included under subsections (a) and (b) of this definition; (21) 
``underground storage tank'' insofar as it includes any tank or 
piping that is excluded under ORS 466.710, and any tank used to 
store heating oil for consumptive use on the premises where stored.)

466.710 Application of ORS 466.706 to 466.882 and 466.994
466.740 Noncomplying installation prohibited
466.743 Training on operation, maintenance and testing; rules
466.765 Duty of owner or permittee of underground storage tank
466.770 Corrective action required on contaminated site
466.815 Financial responsibility of owner or permittee; rules; 
legislative review
466.825 Strict liability of owner or permittee

    (b) The regulatory provisions include:
    (1) Oregon Administrative Rules, Chapter 340, Division 122 
insofar as the following rules apply to a release from an 
underground storage tank, excluding tanks used to store heating oil 
for consumptive use on the premises where stored.

340-122-0010 Purpose
340-122-0030 Scope and Applicability
340-122-0040 Standards
340-122-0047 Generic remedies
340-122-0050 Activities
340-122-0070 Removal
340-122-0071 Site Evaluation
340-122-0072 Preliminary Assessments
340-122-0073 Confirmation of Release
340-122-0080 Remedial Investigation
340-122-0084 Risk Assessment
340-122-0085 Feasibility Study
340-122-0090 Selection or Approval of the Remedial Action
340-122-0100 Public Notice and Participation
340-122-0110 Administrative Record
340-122-0115 Definitions insofar as the definition applies to an 
underground storage tank, excluding tanks used to store heating oil 
for consumptive use on the premises where stored
340-122-0120 Security Interest Exemption
340-122-0205 Purpose
340-122-0210 Definitions except insofar as the definition of 
``responsible person'' includes a person who does not own or operate 
an underground storage tank
340-122-0215 Scope and Applicability
340-122-0217 Requirements and Remediation Options
340-122-0218 Sampling and Analysis
340-122-0220 Initial Response
340-122-0225 Initial Abatement Measures and Site Check
340-122-0230 Initial Site Characterization
340-122-0235 Free Product Removal
340-122-0240 Investigation for Magnitude and Extent of Contamination
340-122-0243 Low-Impact Sites
340-122-0244 Risk-Based Concentrations
340-122-0250 Corrective Action Plan
340-122-0252 Generic Remedies
340-122-0260 Public Participation
340-122-0320 Soil Matrix Cleanup Options
340-122-0325 Evaluation of Matrix Cleanup Level
340-122-0330 Evaluation Parameters
340-122-0335 Numeric Soil Cleanup Standards
340-122-0340 Sample Number and Location
340-122-0345 Sample Collection Methods
340-122-0355 Evaluation of Analytical Results
340-122-0360 Reporting Requirements
Grid for OAR 340-122-0330(5)(c) and Table for OAR 340-122-0335(2)

    (2) Oregon Administrative Rules, Chapter 340, Division 142 
insofar as the following rules apply to a release from an 
underground storage tank, excluding tanks used to store heating oil 
for consumptive use on the premises where stored.

340-142-0001 Purpose and Scope
340-142-0005 Definitions as Used in This Division Unless Otherwise 
Specified
340-142-0030 Emergency Action
340-142-0040 Required Reporting
340-142-0050 Reportable Quantities
340-142-0060 Cleanup Standards
340-142-0070 Approval Required for Use of Chemicals
340-142-0080 Disposal of Recovered Spill Materials
340-142-0090 Cleanup Report
340-142-0100 Sampling/Testing Procedures
340-142-0130 Incident Management and Emergency Operations

    (3) Oregon Administrative Rules, Chapter 340, Division 150.

340-150-0001 Purpose
340-150-0006 Applicability and General Requirements
340-150-0008 Exemptions and Deferrals
340-150-0010 Definitions
340-150-0020 UST General Permit Registration Certificate Required 
except insofar as this provision applies to a person who does not 
own or operate an underground storage tank and except insofar as the 
payment of fees is required
340-150-0021 Termination of Temporary Permits
340-150-0052 Modification of Registration Certificates for Changes 
in Ownership and Permittee except insofar as the payment of fees is 
required
340-150-0080 Denial, Suspension or Revocation of General Permit 
Registration Certificates except insofar as this provision applies 
to a person who does not own or operate an underground storage tank
340-150-0102 Termination of Registration Certificates
340-150-0110 UST General Permit Registration, Annual Compliance and 
Other Fees except insofar as the payment of fees is required
340-150-0135 General Requirements for Owners and Permittees
340-150-0140 Requirements for Sellers of USTs
340-150-0156 Performance of UST Services by Owners or Permittees
340-150-0160 General Permit Requirements for Installing an UST 
System except insofar as this provision applies to a person who does 
not own or operate an underground storage tank
340-150-0163 General Permit Requirements for Operating an UST System 
except insofar as the payment of fees is required
340-150-0166 General Permit Requirements for Closure of an UST 
System by Change-in-Service except insofar as the payment of fees is 
required
340-150-0167 General Permit Requirements for Temporary Closure of an 
UST System except insofar as the payment of fees is required
340-150-0168 General Permit Requirements for Decommissioning an UST 
System by Permanent Closure except insofar as this provision applies 
to a person who does not own or operate an underground storage tank 
and except insofar as the payment of fees is required
340-150-0180 Site Assessment Requirements for Permanent Closure or 
Change-in-Service
340-150-0200 Training Requirements for UST System Operators and 
Emergency Response Information
340-150-0210 Training Requirements for UST Operators
340-150-0300 Installation of USTs and Piping
340-150-0302 Installation of Used USTs
340-150-0310 Spill and Overfill Prevention Equipment and 
Requirements
340-150-0320 Corrosion Protection Performance Standards for USTs and 
Piping
340-150-0325 Operation and Maintenance of Corrosion Protection
340-150-0350 UST System Repairs
340-150-0352 UST System Modifications and Additions
340-150-0354 UST System Replacements
340-150-0360 Requirements for Internally Lined USTs
340-150-0400 General Release Detection Requirements for Petroleum 
UST Systems
340-150-0410 Release Detection Requirements and Methods for 
Underground Piping
340-150-0420 Release Detection Requirements for Hazardous Substance 
UST Systems
340-150-0430 Inventory Control Method of Release Detection
340-150-0435 Statistical Inventory Reconciliation Method of Release 
Detection
340-150-0440 Manual Tank Gauging Release Detection Method
340-150-0445 Tank Tightness Testing for Release Detection and 
Investigation
340-150-0450 Automatic Tank Gauging Release Detection Method
340-150-0455 Vapor Monitoring Release Detection Method

[[Page 25371]]

340-150-0460 Groundwater Monitoring Release Detection Method
340-150-0465 Interstitial Monitoring Release Detection Method
340-150-0470 Other Methods of Release Detection
340-150-0500 Reporting Suspected Releases
340-150-0510 Suspected Release Investigation and Confirmation Steps
340-150-0520 Investigation Due to Off Site Impacts
340-150-0540 Applicability to Previously Closed UST Systems
340-150-0550 Definitions for OAR 340-150-0555 and 340-150-0560
340-150-0555 Compliance Dates for USTs and Piping
340-150-0560 Upgrading Requirements for Existing UST Systems
APPENDIX A Installation of USTs and Piping
APPENDIX B Installation of USTs and Piping
APPENDIX C Spill and Overfill Prevention Equipment and Requirements
APPENDIX D1 USTs Corrosion Protection Performance Standards for USTs 
and Piping
APPENDIX D2 Piping Corrosion Protection Performance Standards for 
USTs and Piping
APPENDIX E1 USTs Corrosion Protection Performance Standards for USTs 
and Piping
APPENDIX E2 Piping Corrosion Protection Performance Standards for 
USTs and Piping
APPENDIX F Corrosion Protection Performance Standards for USTs and 
Piping
APPENDIX G Operation and Maintenance of Corrosion Protection
APPENDIX H UST System Repairs & UST System Modifications and 
Additions
APPENDIX I General Release Detection Requirements for All UST 
Systems
APPENDIX J General Guidance Documents for UST Owners and Permittees
APPENDIX K Site Assessment Requirements for Permanent Closure or 
Change-in-Service
APPENDIX L Training Elements

    (4) Oregon Administrative Rules, Chapter 340, Division 151

340-151-0001 Purpose
340-151-0010 Scope and Applicability
340-151-0015 Adoption and Applicability of United States 
Environmental Protection Agency Regulations
340-151-0020 Definitions
340-151-0025 Oregon-Specific Financial Responsibility Requirements

    (5) Oregon Administrative Rules, Chapter 690, Division 240, 
insofar as it pertains to underground storage tanks, excluding tanks 
used to store heating oil for consumptive use on the premises where 
stored.

690-240-0005 Introduction
690-240-0006 Special Standards
690-240-0007 Special Area Standards
690-240-0010 Definitions
690-240-0011 Organic Materials
690-240-0012 Public Safety
690-240-0013 Wells Cannot Be Used for Disposal of Contaminants
690-240-0014 Water Used Must Be Potable
690-240-0016 Unattended Wells
690-240-0024 Well Identification Label
690-240-0026 Well Identification Label Maintenance
690-240-0030 Other Holes; General Performance and Responsibility 
Requirements
690-240-0035 Geotechnical Holes: General Performance and 
Responsibility Requirements
690-240-0355 Monitoring Well Drilling Machines
690-240-0375 Monitoring Well Construction Notice Required (Start 
Card)
690-240-0385 Start Card Reporting Requirements
690-240-0395 Monitoring Well Report Required (Monitoring Well Log)
690-240-0410 Monitoring Well Construction: General
690-240-0420 Well Protection
690-240-0430 Casing
690-240-0440 Additional Standards for Artesian Monitoring Wells
690-240-0450 Cleaning
690-240-0460 Monitoring Well Screen, Filter Pack, and Filter Pack 
Seal
690-240-0475 Well Seals
690-240-0485 Monitoring Well Development
690-240-0500 Completion of Monitoring Wells
690-240-0510 Abandonment of Monitoring Wells
690-240-0525 Piezometers
690-240-0540 Direct Push Monitoring Wells and Piezometers
690-240-0550 Evidence of Failure

[FR Doc. 2012-9931 Filed 4-27-12; 8:45 am]
BILLING CODE 6560-50-P