[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: 40CFR281.36]

[Page 527]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 281--APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents
 
                Subpart C--Criteria for No-Less-Stringent
 
Sec. 281.36  Out-of-service UST systems and closure.

    In order to be considered no less stringent than the corresponding 
federal requirements for temporarily closed UST systems and permanent 
closure, the state must have requirements that ensure UST systems 
conform with the following:
    (a) Removal from service. All new and existing UST systems 
temporarily closed must:
    (1) Continue to comply with general operating requirements, release 
reporting and investigation, and release response and corrective action;
    (2) Continue to comply with release detection requirements if 
regulated substances are stored in the tank;
    (3) Be closed off to outside access; and
    (4) Be permanently closed if the UST system has not been protected 
from corrosion and has not been used in one year, unless the state 
approves an extension after the owner and operator conducts a site 
assessment.
    (b) Permanent closure of UST systems. All tanks and piping must be 
cleaned and permanently closed in a manner that eliminates the potential 
for safety hazards and any future releases. The owner or operator must 
notify the state of permanent UST system closures. The site must also be 
assessed to determine if there are any present or were past releases, 
and if so, release response and corrective action requirements must be 
complied with.
    (c) All UST systems taken out of service before the effective date 
of the federal regulations must permanently close in accordance with 
paragraph (b) of this section when directed by the implementing agency.