Self-inspection and Use Permit Requirements

(1) General. Pursuant to M.G.L. c. 148, § 37 and as a condition to maintaining or renewing the use permit issued by the Marshal, every aboveground storage tank subject to the requirements of 502 CMR 5.00, shall be inspected in accordance with an Approved Standard by a Qualified Tank Inspector. Inspections shall be made of the premises, tanks, dikes, and related equipment. The Approved Standard associated with such inspection shall be approved by the Marshal. (2) Use Permit Tank Inspection Requirements. (a) As of January 1, 2015, any applicant for a use permit during calendar year 2015 shall comply with the following: 1. Complete the inspection, notice and reporting requirements contained in 502 CMR 5.05(4). Said annual inspection shall be conducted in accordance with the standard that has been used for the subject tank, as of January 1, 2014; 2. The owner shall propose, on a form prescribed by the Marshal, an Approved Standard for each tank. Once approved by the Marshal, said Approved Standard shall establish the inspection and maintenance requirements for the remaining life of the tank for the purposes of compliance with 502 CMR 5.00. (b) As of January 1, 2016, the Marshal will issue Use Permits every five years. The Use Permits are issued contingent upon compliance with 502 CMR 5.05(4) and continued adherence to the inspection and maintenance practices established in the Approved Standard. (3) Upon review of the standard proposed under 502 CMR 5.05(2)(a)2., the Marshal reserves the right to increase such frequency of inspections, as necessary, to protect the public safety. If the owner chooses to alter an Approved Standard, an application must first be made to the Marshal for the approval. The application shall include a comparison between the current Approved Standard and the standard proposes for approval together with such other information required by the Marshal. (4) As a condition to the issuance or renewal of a Use Permit, the tank owner shall comply with the following: (a) A Qualified Tank Inspector must certify, on a form prescribed by the Marshal, that the Qualified Tank Inspector has verified the inspections required under the Approved Standard have been completed, such as, but not limited to; visual, internal inspections, ultrasonic thickness inspections, and certified integrity inspections. (b) A Qualified Tank Inspector shall conduct a thorough inspection of the aboveground storage tank for compliance with 502 CMR 5.00 and certify that the tank can be used safely. (c) At least 14 days prior to the date of the intended inspection for the Use Permit, the Marshal shall be notified, in writing or by electronic means acceptable to the Marshal. The notification shall include: the location, date and time of the inspection and the inspector’s name and contact information. The Marshal shall be given the opportunity to observe or participate in the inspection process. (d) Upon inspection, the owner of a tank shall submit an AST inspection report on a form provided or approved by the Marshal. The report shall contain an affirmation by the recognized tank inspector that the facility was duly inspected, date of said inspection and a statement that the premises, tanks, related equipment and dikes are in compliance with all applicable regulations. The report shall be received no later than 14 days after the date of the inspection. (e) The Marshal may rely on the affirmations in the inspection report and, when satisfied as to accuracy of the report and safety of the subject tank, may issue the use permit. Said permit shall expire five years from the date of issuance, unless the terms and conditions are modified by the Marshal. 1. The owner or operator of a tank shall schedule remediation arrangements to promptly address any deficiencies on the inspection report within 30 days, unless an extension is granted by the Marshal. Such proposed schedule shall be submitted to, and approved by, the Marshal. Updates on the scheduled remediation of the deficiencies shall be submitted to the Marshal in accordance with the proposed schedule. 2. If any of the deficiencies on the inspection report are deemed a serious threat to public health, safety or welfare or to the environment, the Marshal shall be notified forthwith by the qualified tank inspector. The Marshal may require that the tank owner or operator submit for approval a schedule of when the deficiencies will be remedied or when it will be decommissioned. (5) Inspections conducted by the qualified tank inspector under 502 CMR 5.05 shall not waive the authority of the Marshal to conduct an independent inspection for the purpose of determining tank safety or compliance with 502 CMR 5.00. (6) Written Records. An accurate record for each tank shall be maintained in such form at least equivalent to or greater than the inspection standards established in the Approved Standard. Such record shall contain a history of all inspections, including the condition of all parts inspected, and a record of all examinations and tests. Such record shall also include all data accumulated on each tank, including a history of any repairs, alterations, replacements and service. The person principally in charge of the tank facility shall sign each inspection record. The records shall be kept at the storage facility or at another location readily available for inspection by the Marshal. Such records shall be maintained for a period of five years beyond the demolition of the tank. The records shall be subject to the inspection of the Marshal during regular business hours. An electronic record keeping method is acceptable, as long as it meets the requirements of this section for review and oversight.