Out-of-Service UST Systems and Closure

Out-of-Service UST Systems and Closure. §280.70 Temporary closure. (a) When an UST system is temporarily closed, owners and operators must notify the MDEQ and continue operation and maintenance of corrosion protection in accordance with §280.32, and any leak detection in accordance with Rule 2.4 and Rule 2.10. Rule 2.5 and Rule 2.6 must be complied with if a release is suspected or confirmed. However, leak detection is not required as long as the UST system is empty. The UST system is empty when all materials have been removed using commonly employed practices so that no more than one (1) inch of residue remains in the system. (b) When an UST system is temporarily closed for 3 months or more, owners and operators must also comply with the following requirements: (1) Leave vent lines open and functioning; (2) Cap and secure all other lines, pumps, manways, and ancillary equipment; (3) Empty the tank in accordance with §280.70(a); and (4) Continue operation and maintenance of corrosion protection in accordance with §280.32. (c) When an UST system is temporarily closed for more than 12 months, owners and operators must permanently close the UST system if it does not meet either performance standards in§280.20 for new UST systems or the upgrading requirements in §280.21, 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 12-month period in accordance with §§280.71-280.74, unless the MDEQ provides an extension of the 12-month temporary closure period. Owners and operators must complete a site assessment in accordance with §280.72 before such an extension can be applied for. (d) On or before October 5, 2019, when an UST system is temporarily closed for more than 12 months and the UST system meets the performance standards in §280.20 for new UST system or the upgrading requirements in §280.21, owners and operators shall permanently close the UST system at the end of this 12-month period in accordance with §280.71- 280.74, or complete a site assessment in accordance with §280.72. At the end of the 12- month period and each calendar year thereafter, the owner and operator must perform and document an UST system inspection to verify the UST system is empty (less than one inch of petroleum product is in the tank), vent lines are open and functioning, piping is securely capped, and corrosion protection is operating correctly. The records for the annual temporary closure inspection shall be made available to MDEQ upon request. §280.71 Permanent closure and changes-in-service. (a) At least 30 days before beginning either permanent closure or a change-in-service under paragraphs (b) and (c) of this rule, or within another reasonable time period determined by the MDEQ, owners and operators must notify the MDEQ of their intent to permanently close or make the change-in-service, unless such action is in response to corrective action. The required assessment of the excavation zone under §280.72 must be performed after notifying the MDEQ but before completion of the permanent closure or a change-in-service. (b) To permanently close a tank system, owners and operators must empty and clean it by removing all liquids and accumulated sludges from the tank system. All tank systems taken out of service permanently must also be either removed from the ground or filled with an inert solid material. (c) 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 must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with §280.72. §280.72 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 in accordance with "Guidelines for the Permanent Closure of Petroleum Underground Storage Tank Systems" and any applicable industry code or recommended practice listed in §280.13. (b) If contaminated soils, contaminated ground water, or free product as a liquid or vapor is discovered under paragraph (a) of this rule, or by any other manner, owners and operators must begin corrective action in accordance with Rule 2.6. §280.73 Applicability to previously closed UST systems. When directed by the MDEQ, 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 rule if releases from the UST may, in the judgment of the MDEQ, pose a current or potential threat to human health and the environment. §280.74 Closure records. Owners and operators must maintain records in accordance with §280.35 that are capable of demonstrating compliance with closure requirements under this rule. The results of the excavation zone assessment required in §280.72 must be maintained for at least 3 years after completion of permanent closure or change-in-service in one of the following ways: (a) By the owners and operators who took the UST system out of service; (b) By the current owners and operators of the UST system site; or (c) By mailing these records to the MDEQ if they cannot be maintained at the closed facility.