hot 2019 eqc staff report_0.6

DETP/19/50814

''Monday, December 2, 2019 at 9:26:57 AM (GMT+08:00) Goldstein, Meyer:'' DEQ 24-2019 CHAPTER 340 DEPARTMENT OF ENVIRONMENTAL QUALITY FILED 11/15/2019 1:47 PM FILING CAPTION: Heating Oil Tank Rules 2019 EFFECTIVE DATE: 01/01/2020 AGENCY APPROVED DATE: 11/15/2019 CONTACT: Meyer Goldstein 503-229-6478 goldstein.meyer@deq.state.or.us 700 NE Multnomah St. Portland,OR 97232 Filed By: meyer goldstein Rules Coordinator RULES: 340-163-0150, 340-177-0095 DEQ’s Heating Oil Tank (HOT) Program handles issues related to:  Tanks storing fuel oil (typically Number 1 and 2 diesel oil) to heat buildings for human habitation  Requirements for voluntarily decommissioning HOTs  Reporting releases from HOTs, and soil and groundwater contamination cleanup  Rules for contractors working on HOTs and soil contamination cleanup The HOT program authorizes and facilitates a third party certification process to provide decommissioning and cleanup oversight. To perform HOT decommissioning work, contractors must hold a DEQ service provider license, including errors and omissions insurance, and certify that their work complies with Oregon rules. DEQ’s role is to ensure that work is performed adequately by updating and disseminating standards, licensing service providers, maintaining project records and auditing project work. This program is funded by fees; DEQ does not receive general funds to conduct this work. The service provider licensure and report filing fees, defined in OAR chapter 340, divisions 163 and 177, fund the HOT program. The current fees were set more than ten years ago with licensure fees established in 1999, and report-filing fees increased in 2007. The HOT program is designed to operate with at least four full-time staff positions (4.30 FTE) providing technical assistance, outreach, site inspections, service provider audits and final report review. Existing fee revenue only funds 3.20 FTE at current levels of activity. The proposed permanent rule amendments increase HOT program licensure fees for individuals and small businesses conducting HOT decommissioning work in Oregon. The proposed amendments also increase report-filing fees for the work. This includes certified reports for HOT decommissions with no confirmed release, known as clean decommissions, and tiered fee increases based on the level of complexity for HOT decommissions requiring cleanup/corrective action. The 2019 Oregon Legislature approved these fee increases. The Oregon Environmental Quality Commission’s approval of this rule proposal would implement the fee increases authorized by the legislature. The new fees would become effective Jan. 1, 2020. This rule change would align DEQ’s administrative rules with the new statutory fee amounts.