| (a) General provisions.
(1) Any owner or operator who intends to permanently
remove an underground storage tank (UST) from service (by either removing
the tank from the ground, abandoning the tank in-place, or conducting
a permanent change-in-service) shall provide prior notice of this
activity to the agency in accordance with §334.6 of this title
(relating to Construction Notification for Underground Storage Tanks
(USTs) and UST Systems).
(2) The procedures used in permanently removing the
UST from service shall conform with accepted industry practices, and
shall be in accordance with a code or standard of practice developed
by a nationally recognized association or independent testing laboratory.
(3) The permanent removal from service shall be conducted
by qualified personnel possessing the appropriate skills, experience,
competence, and, if applicable, any required license or certification
to complete the activity in accordance with the provisions of this
section and in a manner designed to minimize the possibility of any
threats to human health and safety or the environment.
(4) All USTs that are intended for permanent removal
from service shall be emptied of all regulated substances and accumulated
sludges or residues, and shall be purged of all residual vapors in
accordance with accepted industry procedures commonly employed for
the stored regulated substance.
(5) The handling, transportation, and disposal of any
regulated substances removed from a UST system, and any contaminated
soils, backfill material, groundwater, wash water, or other similar
materials removed from the system or facility, shall be conducted
in a safe and environmentally sound manner, and shall be in accordance
with all applicable federal, state, and local regulations in effect
for the type, volume, contaminant concentration, and classification
of the removed material.
(6) As part of the required procedure for the permanent
removal of any UST system from service, the owner or operator shall
determine whether or not any prior release of a stored regulated substance
has occurred from the system.
(A) This determination shall be performed subsequent
to the submittal of notification to the agency as prescribed in §334.6
of this title, but prior to completion of the permanent removal from
service.
(B) This determination shall be made by visual inspection
of the area in and immediately surrounding the excavation zone for
any above-ground releases and for any exposed below-ground releases,
and by using one or both of the following methods or procedures:
(i) the continual operation (through the time that
the stored regulated substances are removed from the UST system) of
one or more of the external release monitoring and detection methods
operating in accordance with §334.50(d)(5) - (8) of this title
(relating to Release Detection); or
(ii) the performance of a comprehensive site assessment
in accordance with the requirements of subsection (e) of this section.
(C) Any methods or procedures used to make this determination
shall be capable of detecting any prior release of stored regulated
substances from any portion of the UST system.
(D) Upon completion of this determination, the owner
or operator shall:
(i) report any confirmed or suspected releases to the
agency and comply with all applicable release investigation and corrective
action requirements, as prescribed in Subchapter D of this chapter
(relating to Release Reporting and Corrective Action);
(ii) prepare or assemble the detailed written records
of this determination, which shall include the methods, procedures,
results, and names, addresses, and telephone numbers of the persons
involved in conducting such determination. Such records shall be maintained
in accordance with the applicable provisions in subsection (f) of
this section, and a copy of such records shall be filed with the agency
in conjunction with the applicable tank registration requirements
of §334.7 of this title (relating to Registration for Underground
Storage Tanks (USTs) and UST Systems).
(7) For a UST to be considered permanently out-of-service,
the owner or operator shall either remove the tank from the ground
in accordance with subsection (b) of this section, abandon in-place
and fill the tank with an acceptable solid inert material in accordance
with subsection (c) of this section, or conduct a permanent change-in-service
in accordance with subsection (d) of this section. Unused tanks (i.e.,
tanks at facilities which are closed or out-of-business) shall be
considered temporarily out-of-service, and shall be subject to the
provisions of §334.54 of this title (relating to Temporary Removal
from Service), unless they have been permanently removed from service
in accordance with this section.
(8) The requirements in this section are applicable
to all USTs which are permanently removed from service on or after
September 29, 1989.
(9) When directed by the executive director, the owner
and operator of a UST system permanently closed before September 29,
1989, 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 executive director, pose a current or potential threat
to human health and the environment.
(b) Removal from the ground. In addition to the requirements
of subsection (a) of this section, the following requirements shall
be applicable for the removal of USTs from the ground.
(1) Except as provided under paragraph (2) of this
subsection, tanks shall be properly emptied, cleaned, and purged of
vapors prior to removal from the ground, in accordance with accepted
industry procedures commonly employed for the stored regulated substance.
(2) When an owner or operator can demonstrate good
cause for removal of a tank from the ground prior to emptying, cleaning,
or purging the vapors, the owner or operator shall obtain approval
from the manager of the appropriate regional office (or the manager's
designated representative) prior to proceeding with the removal. In
this situation, the tank removal shall be accomplished only under
the direct supervision of agency personnel and/or local fire officials,
and all conditions and requirements imposed by such supervisory officials
shall be strictly followed.
(3) Prior to removing the tank from the ground, all
connected piping and other ancillary equipment shall be emptied, disconnected,
and properly plugged, capped, or removed.
(4) Storage of removed tanks.
(A) After removal, a tank shall be transported from
the site within 24 hours of removal, unless prior approval of a longer
on-site storage period is obtained from the manager of the appropriate
regional office (or the manager's designated representative).
(B) The on-site storage of tanks for a period of 24
hours or less shall be in a designated temporary storage area which
shall be an adequate distance from known ignition sources and which
shall be clearly identified with appropriate barriers and warning
signs to restrict access by unauthorized persons.
(C) On-site storage of removed tanks for more than
24 hours (when approved by the regional manager), and off-site storage
for any period, shall only be allowed in locked, securely fenced,
or similarly restricted areas where unauthorized persons will not
have access.
(D) No later than 24 hours after removal, all removed
tanks (regardless of condition) shall be legibly and permanently labeled
(in letters at least two inches high) with the name of the former
contents, a flammability warning (if applicable), and a warning that
the tank is unsuitable for the storage of drinking water or the storage
of human or animal food products.
(E) The residual vapor levels in any removed tank which
is stored at the UST facility shall be maintained at nonexplosive
and nonignitable levels for the entire time that the tank remains
at the facility.
(F) Regardless of where the tank is stored, not later
than ten days after the tank has been removed from the ground, any
residual liquids or vapors shall be permanently removed to render
the tank nonignitable and nonexplosive.
(5) Transportation and disposal of removed tanks.
(A) The methods and procedures used for the handling,
transporting, and disposing of any removed USTs (and parts of such
tanks) shall be protective of human health and safety and the environment,
and shall be in accordance with all applicable federal, state, and
local regulations.
(B) Removed tanks (and any parts of such tanks) which
have been emptied, thoroughly cleaned of all remaining substances
and any remaining residues, and permanently purged of vapors may be
appropriately disposed by scrapping, junking, or reusing for purposes
unrelated to the underground storage of regulated substances.
(C) Prior to transporting any removed tank from the
UST facility, the following minimum preparation procedures shall be
followed.
Cont'd... |
