HAR §11-280.1-70. Temporary closure

(a) When an UST system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in accordance with section 11-280.1-31, and applicable release detection in accordance with subchapter 4. Subchapters 5 and 6 must be complied with if a release is suspected or confirmed. Spill and 280.1-91 §11-280.1-70 overfill operation and maintenance testing and inspections in subchapter 3 are not required during temporary closure. If the UST system is empty, release detection and release detection operation and maintenance testing and inspections in subchapters 3 and 4 are not required. The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remain in the system. (b) When an UST system is temporarily closed for ninety days or more, owners and operators must also comply with the following requirements: (1) Leave vent lines open and functioning; and (2) Cap and secure all other lines, pumps, manways, and ancillary equipment. (c) When an UST system is temporarily closed for more than twelve months, owners and operators must permanently close the UST system if it does not meet the applicable design, construction, and installation requirements in subchapter 2, except that the spill and overfill equipment requirements do not have to be met. Owners and operators must permanently close the substandard UST systems at the end of this twelve­ month period in accordance with sections 11-280.1-71 to 11-280.1-74, unless the department provides an extension of the twelve-month temporary closure period. Owners and operators must complete a site assessment in accordance with section 11-280.1-72 before such an extension can be applied for. [Eff 7/15./18;20c.omp 1/17/20; comp 7/8/21; comp MAH 21 Z:J ) (Auth: HRS §§342L-3, 342L-37) (Imp: HRS §§342L-3, 3421-37) §11-280.1-71 Permanent closure and changes-in­ service. (a) At least thirty days before beginning either permanent closure or a change-in-service of an UST or tank system under subsections (c) and (d), owners and operators must notify the department of 280.1-92 3 5 8 4 .. §11-280.1-71 their intent to permanently close or make the change­ in-service, as required in section 11-280.1-34, unless such action is in response to a confirmed release. The required assessment of the excavation zone under section 11-280.1-72 must be performed after notifying the department but before completion of the permanent closure or change-in-service. (b) At least seven days before excavation work for a permanent closure or change-in-service, owners or operators must notify the department of the exact date that the work will occur, as required in section 11-280.1-34. (c) To permanently close an UST or tank system, owners and operators must: (1) Empty and clean the UST and tank system by removing all liquids and accumulated sludges; (2) Remove the UST or tank system from the ground, fill the UST or tank system with an inert solid material, or close the tank in place in a manner approved by the department; and (3) Conduct a site assessment in accordance with section 11-280.1-72. (d) Continued use of an UST system to store a non-regulated substance is considered a change-in­ service. Before a change-in-service, owners and operators ( 1) ( 2) must: Empty and clean the UST and tank system by removing all liquids and accumulated sludges; and Conduct a site assessment in accordance with section 11-280.1-72. (e) Within thirty days of completing a permanent closure or change-in-service, owners and operators must submit to the department: (1) A notification as required in section 11-280.1-34; and (2) A UST closure report, including the results of the site assessment conducted in accordance with section 11-280.1-72. [Eff 7/15/18; comp 1/17/20; am and comp 7/8/21; 280.1-93 3 5 8 4 .. §11-280.1-72 comp MAR 2 1 202è 342L-37) (Imp: ] (Auth: HRS §§342L-3, HRS §§342L-3, 342L-37) §11-280.1-72 Assessing the site at closure or change-in-service. (a) Before permanent closure or a change-in-service is completed, owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the method of closure, the nature of the stored substance, the types of backfill and surrounding soil, the depth and flow of groundwater, and other factors appropriate for identifying the presence of a release. The requirements of this section are satisfied if one of the external release detection methods allowed in section 11-280.1-43(5) and (6) is operating in accordance with the requirements in section 11-280.1-43 at the time of closure, and indicates no release has occurred. (b) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered under subsection (a), or by any other manner, owners and operators must begin release response action in accordance with subchapter 6. JEff 7/15/18; comp 1/17/20; comp 7/8/21; comp MAR 212025 ] (Auth: HRS §§3421-3, 342L-37) (Imp: HRS §§342L-3, 342L-372) §11-280.1-73 Applicability to previously closed UST systems. (a) When directed by the department, the owner and operator of an UST system permanently closed before December 22, 1988 must assess the excavation zone and close the UST system in accordance with this subchapter if releases from the UST may, in the judgment of the department, pose a current or potential threat to human health and the environment. (b) When directed by the department, the owner 280.1-94 3 5 8 4 ., §11-280.1-75 and operator of an UST system with field-constructed tanks or an airport hydrant fuel distribution system permanently closed before August 9, 2013 must assess the excavation zone and close the UST system in accordance with this subchapter if releases from the UST may, in the judgment of the department, pose a current or potential threat to human health and the environment. [Eff 7/15/18; comp 1/17/20; comp 7/8/21; comp MAR 21 2025 1 (Auth: HRS §§342L-3, 3421-37) (Imp: HRS §§3421-3, 342L-37)