Oklahoma § 17-304.1 - Exemption from certain aboveground tank requirements Promulgation of new rules

§ 17-304.1. Exemption from certain aboveground tank requirements Promulgation of new rules

A. All aboveground storage tanks utilized by marinas which are

required to be upgraded before July 15, 2007, pursuant to the

provisions of permanent Rule OAC 165:26-8-2 and required to meet

certain design requirements pursuant to the provisions of permanent

Rule OAC 165:26-2-1.3, shall be exempt from such requirements until

the Corporation Commission promulgates new rules if the marina is

using an underground storage tank with secondary containment, the

risk to the environment and human health, safety, and welfare is

minimal, and compliance with the upgrade requirements would result

Oklahoma Statutes - Title 17. Corporation Commission

in closure of the storage tank system or cause economic hardship to

the owner of the storage tank system. Marina owners or operators in

this state operating a motor fuel dispensing facility shall not be

required to have an attendant or supervisor on duty to supervise,

observe or control the dispensing of fuel.

B. All aboveground storage tanks utilized by retail facilities

which are required to meet Underwriters Laboratories (UL) or

American Petroleum Institute (API) standards for aboveground fuel

storage tanks pursuant to the provisions of permanent Rule OAC

165:26-10-2 and are required to meet certain design requirements

pursuant to the provisions of permanent Rule OAC 165:26-2-1.3 shall

be exempt from such requirements until the Corporation Commission

promulgates new rules, if the retail facility is using an

underground storage tank with secondary containment, the risk to the

environment and human health, safety and welfare is minimal, and

compliance with the tank requirements would result in closure of the

storage tank system or cause economic hardship to the owner of the

storage tank system.

C. All aboveground storage tanks utilized by fleet and

commercial facilities which are required to meet Underwriters

Laboratories (UL) or American Petroleum Institute (API) standards

for aboveground fuel storage tanks pursuant to the provisions of

permanent Rule OAC 165:26-12-2 and are required to meet certain

design requirements pursuant to the provisions of permanent Rule OAC

165:26-2-1.3 shall be exempt from such requirements until the

Corporation Commission promulgates new rules, if the fleet or

commercial facility is using an underground storage tank with

secondary containment, the risk to the environment and human health,

safety and welfare is minimal, and compliance with the tank

requirements would result in closure of the storage tank system or

cause economic hardship to the owner of the storage tank system.

D. Any rules promulgated by the Corporation Commission

governing the design and labeling of aboveground storage tanks shall

be amended to allow storage tanks designed and built for underground

use to be used as aboveground storage tanks if used with secondary

containment and if the storage tanks were installed for that use

prior to July 1, 2007. Any rules promulgated by the Commission

shall not be more stringent than any Environmental Protection Agency

standards or regulations relating to aboveground storage tank

design.

Added by Laws 2007, c. 267, § 1, emerg. eff. June 4, 2007. Amended

by Laws 2008, c. 51, § 1, emerg. eff. April 18, 2008; Laws 2018, c.

27, § 5, eff. Nov. 1, 2018.