| (i) The remaining regulated substances shall be removed,
and visible residues or sediments shall be cleaned from the tank as
completely as possible, in accordance with commonly used and accepted
industry practices.
(ii) Residual vapor levels in the tank shall be reduced
to nonexplosive and nonignitable levels, and shall be maintained at
such levels during the entire period of transportation.
(iii) All holes and openings shall be properly plugged
or capped, except for one 1/8-inch diameter vent hole positioned at
the top of the tank during transportation.
(D) The subsequent reuse of any removed tanks for the
underground storage of regulated substances (whether on-site or off-site)
shall only be allowed under the provisions of §334.53 of this
title (relating to Reuse of Used Tanks).
(6) The tank owner shall develop and maintain a permanent
record of the prior location of the removed tank; the date of removal;
the substance previously stored; the method of conditioning the tank
for removal; the methods of handling, transportation, storing, and
disposing of the tank; the names, addresses, and telephone numbers
of the person conducting the activities; and any information regarding
any known releases from such tank. If the facility owner is not the
same person as the tank owner, the tank owner shall provide a copy
of such information to the site or facility owner within 30 days after
the date of removal.
(c) Abandonment in-place. A UST may be permanently
removed from service by abandonment in-place in lieu of actual removal
from the ground. In addition to the requirements of subsection (a)
of this section, the following requirements shall be applicable to
the abandonment in-place of USTs.
(1) When the UST owner is not the owner of the site
or facility where such tank is located, the tank owner is prohibited
from abandoning such tank in-place unless the following conditions
are met.
(A) The tank owner shall provide written notice to
the owner of the site or facility for the abandonment in-place prior
to initiating the activity.
(B) After completion of the abandonment in-place, the
tank owner shall provide to the site or facility owner a legible copy
of the permanent record of the abandonment, as described in paragraph
(3) of this subsection.
(2) Any tank that is abandoned in-place shall be filled
with a solid inert material as prescribed in this paragraph.
(A) Only solid inert materials which are free of any
harmful contaminants or pollutants shall be used to fill the tank.
Acceptable materials include sand, fine gravel, sand and gravel mixtures,
and cement/concrete-based slurries. Other materials such as native
soils, drilling muds, and commercially marketed fill materials shall
not be used for filling the tank unless the material and filling procedures
have been reviewed and approved by the agency in accordance with §334.43
of this title (relating to Variances and Alternative Procedures).
(B) Adequate access openings shall be made in the top
of the tank, and the tank shall be filled as completely as possible.
Voids and air pockets shall be eliminated.
(C) The fill material and filling procedures shall
be adequate to assure that:
(i) the filled tank will not surface after completion
of the filling operation;
(ii) any settling or instability of the ground surface
subsequent to the abandonment in-place is minimized or eliminated;
(iii) the fill materials will form a permanent solid
inert filler that can be expected to remain structurally stable in
the ground to prevent cave-ins, even after the subsequent deterioration
of the tank walls; and
(iv) the filled tank and associated piping are disconnected
and capped or sealed so as to preclude their future use for any storage
or disposal purposes.
(3) The tank owner shall develop and maintain a permanent
record of the name and address of the tank owner (and site or facility
owner, if different); the abandoned tank location; the date of abandonment;
the substance previously stored; the method of conditioning the tank
for abandonment; release assessment results; the names, addresses,
and telephone numbers of the persons conducting the activities; and
information regarding the extent of any confirmed releases and any
resulting remediation activities.
(A) When the tank owner is not the owner of the facility
where the tank is located, the tank owner shall provide to the current
facility owner a legible copy of the permanent record of the abandonment
in-place. Such information shall be provided no later than 30 days
after completion of the abandonment in-place.
(B) The facility owner shall maintain a permanent record
of the tank abandonment in-place in accordance with subsection (f)
of this section.
(C) Prior to the sale or conveyance of the facility
where an abandoned UST is located, the facility owner shall provide
written documentation of the tank abandonment information to the succeeding
property owner.
(d) Change-in-service. In addition to the requirements
of subsection (a) of this section, the following requirements shall
be applicable for any change-in-service where a UST system storing
regulated substances is converted to a system storing materials other
than regulated substances.
(1) Prior to refilling with materials other than regulated
substances, the UST shall be properly emptied, cleaned, and purged
of vapors in accordance with a code or standard of practice developed
by a nationally recognized association or independent testing laboratory
for the stored regulated substance. The procedures for emptying, cleaning,
and purging the UST shall be designed to remove as much as possible
of the previously stored regulated substances, including all liquids,
vapors, sludges, and residues, in a manner that is protective of human
health and safety or the environment.
(2) A change-in-service where a UST storing regulated
substances is to be converted for the storage of either drinking water
or food products intended for human consumption is specifically prohibited.
(3) Any change-in-service shall be in accordance with
all applicable federal, state, and local regulations.
(4) The owner shall develop and maintain a permanent
record of the location of the UST; the date of the change-in-service;
the regulated substance previously stored; the method of conditioning
the tank for the change-in-service; the names, addresses, and telephone
numbers of the persons conducting the activities; and any information
regarding any known releases of regulated substances from such tank.
If the facility owner is not the same person as the UST owner, the
UST owner shall provide a copy of such information to the facility
owner within 30 days after the date of the change-in-service.
(5) For the purposes of this section, a UST which has
been converted to the storage of materials other than regulated substances
(i.e., water) shall be subject to the procedures for temporary removal
from service in §334.54 of this title, except when the stored
materials are utilized on a regular basis for beneficial purposes.
(e) Site assessment.
(1) A site assessment meeting the requirements of this
subsection shall be performed by the owner or operator of a UST system
in the following situations to determine whether or not a release
has occurred:
(A) when the site assessment is selected as the method
to achieve compliance with the release determination requirements
of subsection (a)(6) of this section for a UST which is permanently
removed from service on or after September 29, 1989;
(B) when the agency determines that a site assessment
is necessary at any site or facility where a UST was permanently removed
from service prior to September 29, 1989, and where the site assessment
or release determination at the time of removal from service was determined
to be either nonexistent or inadequate; or
(C) when the agency determines that a site assessment
is necessary at any site or facility where a release or suspected
release may pose a current or potential threat to human health or
safety or the environment.
(2) The site assessment shall be conducted by qualified
personnel possessing the appropriate skills, experience, and competence
to perform the assessment in accordance with recognized industry practices
and the provisions of this section and shall be supervised by a person
who is currently licensed by the Texas Commission on Environmental
Quality (TCEQ) as a UST installer or on-site supervisor or currently
registered with the TCEQ as a corrective action project manager.
(3) Any procedures used for the site assessment must
be capable of measuring for the presence of a release from any part
of the UST system and, at a minimum, must include measurements for
releases at locations where contamination is most likely to be present
at the site.
Cont'd... |
