[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: 40CFR281.36]



[Page 578-579]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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



[[Page 579]]



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.