Md. Code Regs. 26.10.17.13

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

Section 26.10.17.13 - Out-of-Service and Permanent Closure

A. The requirements of this regulation apply to an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST required under COMAR 26.10.01.10 to register the AST system with the Department.

B. Out-of-Service. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall complete each of the following steps to place the AST system out-of-service:

(1) Remove all oil from the AST system;

(2) Isolate all piping connected to the AST;

(3) Remove all waste materials from the AST system, including storage tank-bottom sludge, and dispose of these materials in compliance with applicable federal, State, and local laws;

(4) Purge all petroleum vapors and maintain the AST system vapor free;

(5) Secure the AST system to prevent unauthorized entrance or tampering;

(6) Protect the AST system from flotation;

(7) Continue the operation and maintenance of corrosion protection on the AST system in accordance with Regulation .10 of this chapter;

(8) Lock the fill port;

(9) Label the AST using lettering at least 3 inches high, in a readily visible location on the AST, with the following information:

(a) Date the AST was placed out-of-service;

(b) Name of product last stored; and

(c) The words "OUT-OF-SERVICE" or "EMPTY"; and

(10) Notify the Department in writing 30 days before placing the AST system out-of-service.

C. Return to In-Service. An owner, an operator, and a person in charge of an out-of-service AST system with a shop-fabricated AST shall complete each of the following steps prior to placing the AST system in-service:

(1) If a formal inspection and leak test was due to occur while the AST system was out-of-service, conduct a formal inspection and leak test of the AST system in accordance with Regulation .12 of this chapter;

(2) Test all connected piping and appurtenances to ensure a spill, release, or discharge will not occur;

(3) Maintain a copy of all corrosion protection system and formal inspection and testing reports, including the findings of inspections and tests and repairs performed, and provide a copy to the Department upon request; and

(4) Notify the Department in writing 30 days before placing the AST system in-service.

D. Permanent Closure. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall permanently close the AST system in accordance with the following requirements:

(1) At least 30 days before beginning the permanent closure of the AST system:

(a) Notify the Department in writing of the planned AST system permanent closure; and

(b) Submit to the Department for approval a proposed sampling plan for a site assessment to determine if there is evidence of a spill, release, or discharge where contamination is most likely to be present, which includes the sampling of, at a minimum, the following areas of the AST site:

(i) Within and immediately outside of the secondary containment dike, if present;

(ii) Within the footprint of the removed AST; and

(iii) Beneath underground piping associated with the removed AST;

(2) Place the AST system out-of-service in accordance with §B of this regulation;

(3) Comply with PEI RP 1700 "Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems";

(4) Disconnect and remove all aboveground piping associated with the AST system;

(5) Disconnect and remove all underground piping associated with the AST system:

(a) Under the continuous on-site presence and direction of a certified UST system technician or remover; and

(b) In accordance with the UST system permanent closure procedures in COMAR 26.10.10.02D;

(6) Remove the AST and associated piping from the site; and

(7) Within 45 days of completing the permanent closure and approved site assessment, submit a closure report to the Department detailing:

(a) The AST closure activities; and

(b) The results of the sampling event, including a map identifying sample locations, laboratory results, summary of findings, and conclusions.

E. Change-in-Service. An owner, an operator, and a person in charge of an AST system with a shop-fabricated AST placing the AST system out-of-service in order to store a non-oil product in the AST system shall:

(1) Notify the Department in writing at least 30 days before placing the AST system out-of-service; and

(2) Place the AST system out-of-service in accordance with the requirements of the Department.

F. Upon completing an out-of-service activity specified §§B-E of this regulation, an owner, an operator, and a person in charge of an AST system with a shop-fabricated AST shall:

(1) Within 30 days, amend the AST system registration with the Department in accordance with COMAR 26.10.01.10; and

(2) If the oil storage facility or oil handling facility is required under COMAR 26.10.01.09 to be operated under an Individual Oil Operation Permit, submit a request to modify the Individual Oil Operations Permit in accordance with COMAR 26.10.01.12.

Md. Code Regs. 26.10.17.13

Regulation .13 adopted effective 49:12 Md. R. 642, eff. 6/13/2022