Current through Register 1538, January 3, 2025
Section 80.41 - Requirements for Change-in-product(1) Owners and Operators shall comply with all requirements in 310 CMR 80.41.(2) A UST system once used for non-food grade regulated substances shall not be reused to store food products or drinking water.(3) The Owner shall notify the Department, in a format specified by the Department, of a change-in-product in accordance with 310 CMR 80.23(2)(a) and the following timeframes:(a) If the change-in-product is from a regulated substance to a different regulated substance, within 30 days of executing the change; except if the different regulated substance contains greater than 10% ethanol or greater than 20% biofuel, then at least 30 days prior to executing the change, in accordance with 310 CMR 80.30(3).(b) If the change-in-product is from a regulated substance to a non-regulated substance, prior to executing the change.(c) If the change-in-product is from a non-regulated substance to a regulated substance, within 30 days of receiving regulated substance into the UST system, in accordance with 310 CMR 80.23(1).(4) If the change-in-product is from a regulated substance to a non-regulated substance: (a) Before executing a change-in-product, the Owner or Operator shall remove all solid and liquid material in accordance with 310 CMR 80.47. The Owner or Operator shall manage the solid and liquid material removed from the UST system in accordance with all applicable federal, state and local laws and regulations.(b) The UST system will no longer be subject to 310 CMR 80.00, except that the Owner and Operator shall continue to be responsible for remediating any releases of regulated substances that occurred. The Owner or Operator shall conduct an assessment in accordance with 310 CMR 80.43(4), after notifying the Department of the change-in-product, but before the change-in-product is executed.(c) Records of the change-in-product shall be kept in accordance with 310 CMR 80.36.(5) If the change-in-product is from a regulated substance to another regulated substance, before executing the change-in-product, the Owner or Operator shall empty the tank. The Owner or Operator shall manage and dispose of the solid and liquid material removed from the UST system in accordance with all applicable federal, state and local laws and regulations.(6) Owners or Operators shall demonstrate compliance with the requirements for change-in-product by maintaining records/documentation, in accordance with 310 CMR 80.36.Adopted by Mass Register Issue S1277, eff. 1/2/2015.Amended by Mass Register Issue 1453, eff. 10/1/2021.