[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR280.71]

[Page 473]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 280--TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)--Table of Contents
 
            Subpart G--Out-of-Service UST Systems and Closure
 
Sec. 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 section, or 
within another reasonable time period determined by the implementing 
agency, owners and operators must notify the implementing agency 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 Sec. 280.72 must be performed after 
notifying the implementing agency but before completion of the permanent 
closure or a change-in-service.
    (b) To permanently close a tank, owners and operators must empty and 
clean it by removing all liquids and accumulated sludges. All tanks 
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 Sec. 280.72.
    Note: The following cleaning and closure procedures may be used to 
comply with this section:
    (A) American Petroleum Institute Recommended Practice 1604, 
``Removal and Disposal of Used Underground Petroleum Storage Tanks'';
    (B) American Petroleum Institute Publication 2015, ``Cleaning 
Petroleum Storage Tanks'';
    (C) American Petroleum Institute Recommended Practice 1631, 
``Interior Lining of Underground Storage Tanks,'' may be used as 
guidance for compliance with this section; and
    (D) The National Institute for Occupational Safety and Health 
``Criteria for a Recommended Standard * * * Working in Confined Space'' 
may be used as guidance for conducting safe closure procedures at some 
hazardous substance tanks.