§ 17-307. Corporation Commission - Rules governing storage tank systems.

A.  The Corporation Commission shall promulgate rules governing storage tank systems.  The Commission's rules shall, at a minimum, include the following provisions:

1.  Requirements that release detection methods or equipment or both such methods and equipment, adequate to identify releases from storage tank systems, be maintained;

2.  Procedures to follow when release detection methods or equipment or both such methods and records indicate an abnormal loss or gain which is not explainable by spillage, temperature variations or other known causes;

3.  Requirements that appropriate corrective action be taken in response to a release from a storage tank system as may be necessary to protect human health, safety and welfare and the environment;

4.  Requirements to maintain records documenting actions taken in accordance with paragraphs 1 through 3 of this subsection;

5.  An enforcement program;

6.  Requirements that notice be given to landowners whose property has been or may be affected by a release and providing such landowner the opportunity to have input into any activities impacting such landowners property;

7.  Procedures to allow an adjacent property owner whose property has been contaminated by a release to remediate his or her own property under the same requirements as the tank owner or operator responsible for remediating the release; and

8.  Minimum schedules and standards for the design, construction, installation, operation, maintenance, repair, monitoring, testing, inspection, release detection, performance, abandonment and closure, of storage tank systems, as may be necessary to protect human health, safety and welfare and the environment.

B.  In promulgating rules establishing standards pursuant to paragraph 8 of subsection A of this section, the Commission may distinguish in such standards between requirements appropriate for storage tank systems.  In making such distinctions, the Commission may consider the following factors:

1.  Location of the storage tanks;

2.  Soil and climate conditions;

3.  Uses of the storage tanks;

4.  History of maintenance;

5.  Age of the storage tanks;

6.  National industry codes;

7.  Hydrogeology;

8.  Water table;

9.  Size of the storage tanks;

10.  Quantity of regulated substances periodically deposited in or dispensed from the storage tank;

11.  The compatibility of the regulated substance and the materials of which the storage tank is fabricated; and

12.  Any other factors as deemed necessary by the Commission pursuant to the provisions of the Oklahoma Storage Tank Regulation Act.

C.  The Commission may promulgate rules establishing different requirements for different areas or regions of the state if the Commission finds that more stringent rules are necessary:

1.  To protect specific waters of the state including but not limited to those waters of the state designated for additional protection in Oklahoma's water quality standards; or

2.  Because conditions peculiar to that area or region require different standards to protect public health, safety, welfare or the environment.

D.  In promulgating rules pursuant to the provisions of the Oklahoma Storage Tank Regulation Act, the Commission shall consider all relevant federal standards and regulations on storage tank systems.  If the Commission promulgates any rule that is more stringent than a federal standard or regulation on the same subject, the Commission shall clearly express the deviation from the federal standard or regulation and the reasons for the deviation at a public hearing or at time of adoption of the rule.

Added by Laws 1989, c. 90, § 7, emerg. eff. April 21, 1989.  Amended by Laws 1993, c. 344, § 5, emerg. eff. June 9, 1993; Laws 1998, c. 375, § 13, emerg. eff. June 9, 1998; Laws 2005, c. 435, § 4, eff. Nov. 1, 2005.