Md. Code Regs. 26.10.10.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.10.02 - Permanent Closure and Changes-in-Service

A. An owner and an operator of a UST system, an underground farm tank, an underground residential tank, and an underground residential heating oil tank shall have a permanent closure or change-in-service of a storage tank system performed by or under the supervision of a certified UST system technician or remover.

B. An owner, an operator, and a person in charge of a UST system shall conduct a permanent closure or change-in-service of a storage tank system in accordance with the following documents:

(1) API Recommended Practice 1604 "Closure of Underground Petroleum Storage Tanks"; and

(2) PEI/RP 1700 "Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems".

C. Notification.

(1) Unless a permanent closure or change-in-service of a UST system is performed in response to a corrective action, an owner, an operator, and a person in charge of a UST system shall notify the Department of a planned permanent closure or change-in-service of the UST system by submitting a notification:

(a) In writing on a form provided by the Department; and

(b) At least 30 days before beginning the permanent closure or change-in-service, or within another reasonable time period determined by the Department.

(2) An owner and an operator of a UST system shall confirm a planned permanent closure of a UST system with the Department 48 hours in advance of beginning the permanent closure.

(3) An owner and an operator of a UST system shall perform an assessment of the excavation zone, as required under Regulation .03 of this chapter:

(a) After notifying the Department of a planned permanent closure or change-in-service of the UST system; and

(b) Before completion of the permanent closure or change-in-service of the UST system.

(4) In accordance with COMAR 26.10.03.09, an owner, an operator, and a person in charge of a UST system that was permanently closed or underwent a change-in-service shall amend the registration for the UST system after the permanent closure or change-in-service of the UST system is complete.

D. Permanent Closure.

(1) When a UST system is permanently taken out-of-service, an owner and an operator of a UST system shall permanently close the UST system by:

(a) Removing the UST system from the ground; or

(b) If approved by the Department, abandoning the UST system in place.

(2) Unless otherwise directed by the Department, an owner, an operator, and a person in charge of a UST system requesting to abandon the UST system in place shall provide the Department with a report signed by a professional engineer that confirms the permanent closure of the UST system by removal would have an adverse effect on a building foundation or other important structures or utilities within the immediate vicinity of the excavation zone.

(3) To permanently close a UST system by removal or abandonment in place, an owner, an operator, and a person in charge of a UST system shall take the following actions:

(a) Immediately before closing the UST system, empty and clean the UST and piping by removing all flammable, combustible, and other liquids and accumulated sludge from the UST system;

(b) Unless otherwise directed by the Department, disconnect and remove all emptied lines;

(c) Remove all aboveground portions of vent lines and cap the remaining lines at their bases; and

(d) Remove all regulated substances, sludge, and soil contaminated with a regulated substance found during the UST system closure for treatment or disposal in compliance with applicable federal, State, and local laws.

(4) If a UST system is permanently closed by removal, an owner, an operator, and a person in charge of a UST system shall take the following actions:

(a) Purge all explosive vapors from the UST prior to removal from the excavation zone;

(b) Monitor the UST with an appropriate meter for vapors before and during removal of the UST from the excavation zone;

(c) Once the UST system has been removed from the excavation zone:

(i) Retest the UST for flammable vapors and, if necessary, purge all remaining explosive vapors; and

(ii) Make holes or openings in the UST to render it unfit for further use;

(d) If the operation poses a threat to public safety, do not crush or cut up the UST on-site;

(e) Dispose of the UST system materials at a location acceptable to the Department; and

(f) Fill the former UST system excavation zone to grade with an appropriate fill material.

(5) If a UST system is permanently closed by abandonment in place, an owner, an operator, and a person in charge of a UST system shall take the following actions:

(a) Do not fill the UST through a fill or vent pipe;

(b) Provide proper openings by excavation, or other means, on the UST to facilitate cleaning and filling the UST;

(c) Completely fill the UST with a solid, inert, and flowable material so there are no voids in the UST;

(d) Dispose of any removed UST system materials at a location acceptable to the Department; and

(e) Fill any excavated areas to grade with an appropriate fill material.

E. Change-in-Service. When an owner and an operator of a UST system chooses to store a nonregulated substance in a UST system, the owner and the operator of the UST system shall:

(1) Notify the Department of the planned change-in-service of the UST system in accordance with §C(1) of this regulation;

(2) Before completing the change-in-service, perform a site assessment in accordance with Regulation .03 of this chapter; and

(3) To conduct the change-in-service, empty and clean the UST and piping by removing all flammable, combustible, and other liquids and accumulated sludge from the UST system.

Md. Code Regs. 26.10.10.02

Regulation .02F amended effective June 29, 1998 (25:13 Md. R. 997); adopted effective 49:12 Md. R. 642, eff. 6/13/2022