<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 26.10.10.02" title_num="26" subtitle_num="10" chapter_num="10" heading="Permanent Closure and Changes-in-Service.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>API Recommended Practice 1604 “Closure of Underground Petroleum Storage Tanks”; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>PEI/RP 1700 “Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems”.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Notification.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>In writing on a form provided by the Department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>At least 30 days before beginning the permanent closure or change-in-service, or within another reasonable time period determined by the Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>After notifying the Department of a planned permanent closure or change-in-service of the UST system; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Before completion of the permanent closure or change-in-service of the UST system.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Permanent Closure.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Removing the UST system from the ground; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If approved by the Department, abandoning the UST system in place.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Unless otherwise directed by the Department, disconnect and remove all emptied lines;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Remove all aboveground portions of vent lines and cap the remaining lines at their bases; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Purge all explosive vapors from the UST prior to removal from the excavation zone;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Monitor the UST with an appropriate meter for vapors before and during removal of the UST from the excavation zone;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Once the UST system has been removed from the excavation zone:</text>
        <paragraph num="(i)">
          <text>Retest the UST for flammable vapors and, if necessary, purge all remaining explosive vapors; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Make holes or openings in the UST to render it unfit for further use;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>If the operation poses a threat to public safety, do not crush or cut up the UST on-site;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Dispose of the UST system materials at a location acceptable to the Department; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Fill the former UST system excavation zone to grade with an appropriate fill material.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Do not fill the UST through a fill or vent pipe;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provide proper openings by excavation, or other means, on the UST to facilitate cleaning and filling the UST;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Completely fill the UST with a solid, inert, and flowable material so there are no voids in the UST;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Dispose of any removed UST system materials at a location acceptable to the Department; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Fill any excavated areas to grade with an appropriate fill material.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Notify the Department of the planned change-in-service of the UST system in accordance with §C(1) of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Before completing the change-in-service, perform a site assessment in accordance with Regulation .03 of this chapter; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>