Oklahoma § 17-307 - Corporation Commission - Rules governing storage tank

§ 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 engage in corrective

action on his or her own property under the same requirements as the

tank owner or operator responsible for performing corrective action;

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;

Oklahoma Statutes - Title 17. Corporation Commission

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 Petroleum Storage Tank

Consolidation 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 Petroleum Storage Tank Consolidation 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; Laws 2018, c. 27, § 7, eff. Nov. 1, 2018.