Regulation .02 Permanent Closure and Changes-in-Service.
Regulation .02 Permanent Closure and Changes-in-Service.LinkCopy Citation
A.
An owner and an operator of a UST system, an underground farm tank, an underground residential tank, and an underground residential heating oil tank shall have a permanent closure or change-in-service of a storage tank system performed by or under the supervision of a certified UST system technician or remover.
B.
An owner, an operator, and a person in charge of a UST system shall conduct a permanent closure or change-in-service of a storage tank system in accordance with the following documents:
(1)
API Recommended Practice 1604 “Closure of Underground Petroleum Storage Tanks”; and
(2)
PEI/RP 1700 “Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems”.
C.
Notification.
(1)
Unless a permanent closure or change-in-service of a UST system is performed in response to a corrective action, an owner, an operator, and a person in charge of a UST system shall notify the Department of a planned permanent closure or change-in-service of the UST system by submitting a notification:
(a)
In writing on a form provided by the Department; and
(b)
At least 30 days before beginning the permanent closure or change-in-service, or within another reasonable time period determined by the Department.
(2)
An owner and an operator of a UST system shall confirm a planned permanent closure of a UST system with the Department 48 hours in advance of beginning the permanent closure.
(3)
An owner and an operator of a UST system shall perform an assessment of the excavation zone, as required under Regulation .03 of this chapter:
(a)
After notifying the Department of a planned permanent closure or change-in-service of the UST system; and
(b)
Before completion of the permanent closure or change-in-service of the UST system.
(4)
In accordance with COMAR 26.10.03.09, an owner, an operator, and a person in charge of a UST system that was permanently closed or underwent a change-in-service shall amend the registration for the UST system after the permanent closure or change-in-service of the UST system is complete.
D.
Permanent Closure.
(1)
When a UST system is permanently taken out-of-service, an owner and an operator of a UST system shall permanently close the UST system by:
(a)
Removing the UST system from the ground; or
(b)
If approved by the Department, abandoning the UST system in place.
(2)
Unless otherwise directed by the Department, an owner, an operator, and a person in charge of a UST system requesting to abandon the UST system in place shall provide the Department with a report signed by a professional engineer that confirms the permanent closure of the UST system by removal would have an adverse effect on a building foundation or other important structures or utilities within the immediate vicinity of the excavation zone.
(3)
To permanently close a UST system by removal or abandonment in place, an owner, an operator, and a person in charge of a UST system shall take the following actions:
(a)
Immediately before closing the UST system, empty and clean the UST and piping by removing all flammable, combustible, and other liquids and accumulated sludge from the UST system;
(b)
Unless otherwise directed by the Department, disconnect and remove all emptied lines;
(c)
Remove all aboveground portions of vent lines and cap the remaining lines at their bases; and
(d)
Remove all regulated substances, sludge, and soil contaminated with a regulated substance found during the UST system closure for treatment or disposal in compliance with applicable federal, State, and local laws.
(4)
If a UST system is permanently closed by removal, an owner, an operator, and a person in charge of a UST system shall take the following actions:
(a)
Purge all explosive vapors from the UST prior to removal from the excavation zone;
(b)
Monitor the UST with an appropriate meter for vapors before and during removal of the UST from the excavation zone;
(c)
Once the UST system has been removed from the excavation zone:
(i)
Retest the UST for flammable vapors and, if necessary, purge all remaining explosive vapors; and
(ii)
Make holes or openings in the UST to render it unfit for further use;
(d)
If the operation poses a threat to public safety, do not crush or cut up the UST on-site;
(e)
Dispose of the UST system materials at a location acceptable to the Department; and
(f)
Fill the former UST system excavation zone to grade with an appropriate fill material.
(5)
If a UST system is permanently closed by abandonment in place, an owner, an operator, and a person in charge of a UST system shall take the following actions:
(a)
Do not fill the UST through a fill or vent pipe;
(b)
Provide proper openings by excavation, or other means, on the UST to facilitate cleaning and filling the UST;
(c)
Completely fill the UST with a solid, inert, and flowable material so there are no voids in the UST;
(d)
Dispose of any removed UST system materials at a location acceptable to the Department; and
(e)
Fill any excavated areas to grade with an appropriate fill material.
E.
Change-in-Service. When an owner and an operator of a UST system chooses to store a nonregulated substance in a UST system, the owner and the operator of the UST system shall:
(1)
Notify the Department of the planned change-in-service of the UST system in accordance with §C(1) of this regulation;
(2)
Before completing the change-in-service, perform a site assessment in accordance with Regulation .03 of this chapter; and
(3)
To conduct the change-in-service, empty and clean the UST and piping by removing all flammable, combustible, and other liquids and accumulated sludge from the UST system.