[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR280.71]



[Page 525]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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.