250 R.I. Code R. 250-RICR-140-25-1.15

Current through December 26, 2024

Section 250-RICR-140-25-1.15 - Closure

A. Applicability

1. This Section shall apply to all facilities where regulated substances and/or hazardous materials are or were stored as defined in § 1.4 of this Part. §§ 1.15(D)(10)(a) and 1.15(D)(8)(a) ((6)) of this Part shall not apply to the following:

a. USTs which store fuel oil consumed on-site solely for heating purposes;

b. USTs of less than 1,100 gallons in capacity which store motor fuels at farm or residential sites, provided that the fuel is for on-site use; or

c. Holding tanks.

B. Prohibitions

1. The abandonment of any UST or UST system is prohibited. Any UST, or UST system that has been out of service for greater than 180 days and not in approved temporary closure shall be considered abandoned.

2. The removal, filling, or other permanent closure of any UST, UST system, and/or product pipeline that is regulated by the Department under § 1.4 of this Part is prohibited except as permitted by this Section after obtaining prior approval from the Director.

3. The removal from service or other temporary closure of any UST that is registered or required to be registered in accordance with these regulations is prohibited except as permitted by this Section.

C. Temporary Closure

1. Temporary closure is not an alternative to permanent closure or UST removal. Temporary closures approved by the Department do not remove the obligation of owners/operators to comply with the requirements of this Part.

2. Limitations

a. Prior to the temporary closure of UST systems included in § 1.15(C) of this Part, owners/operators must receive written approval from DEM.

b. Initial (first-time) temporary closures are approved for a period of one year (365 days) from the date the application was received.

c. All single-walled UST components must be permanently closed according to the schedule outlined in § 1.10(D) of this Part regardless of temporary closure status.

3. Eligibility

a. In order to be eligible for a temporary closure the UST system must meet the following requirements:

(1) All USTs must contain less than 1" of product.

(2) All product piping and vapor return lines must be empty and purged of any remaining product.

(3) All product fill ports, Stage I and Stage II vapor Recovery ports, and any other accessible ports must be sealed with a locking tamper-proof cap and locked with a weather-resistant padlock.

(4) All vent lines shall contain appropriate vent caps that are fully functional and not sealed.

(5) Electricity to all pumps and dispensers shall be physically disconnected or locked out/tagged out.

(6) There must be a certified Class A and Class B, or Class A/B, operator assigned to the UST system.

(7) The UST system is not required to have active leak detection monitoring as long as there is < 1" of product in the tank.

4. Applying for Temporary Closure

a. All requests for temporary closure must be submitted on the Temporary Closure Application form available on the Department website. Other methods of requesting temporary closure, including written requests, are not valid.

b. Requests for temporary closure must be submitted at least 15 days in advance of the requested effective temporary closure date.

c. The temporary closure application should include supporting documentation to show that the UST system meets any and all applicable requirements identified in § 1.15(C)(3) of this Part.

d. Owners/operators should not assume their application for temporary closure has been approved until they receive an approval letter and must continue to maintain normal operating procedures until the temporary closure application has been approved.

5. Requirements While in Temporary Closure

a. Owners/operators of temporarily closed UST systems must continue to comply with release reporting and response requirements as outlined in § 1.14 of this Part.

b. Cathodic protection surveys must be completed according to the normal schedule identified in § 1.10(E) of this Part. If an impressed current cathodic protection system is in place, it must be checked for proper operation every 60 days.

c. A Class A, Class B, or Class A/B operator must be registered with DEM for the entire duration of the temporary closure and must visit the site biannually to ensure the facility and the UST components are in good condition, there are no missing components, lids, covers, or other safety devices, and no unsafe situations are developing on the property.

d. The Class A, Class B, or Class A/B operator must measure the product and water level in the tanks a minimum of once per year. If there is any change in the product or water level in the tanks, DEM must be notified within 24 hours and corrective action may be required.

e. Shear valves (i.e., Crash Valves), the continuous monitor system, sump sensors, overfill protection devices, spill buckets and sump interstitial space tightness, and liquid line leak detectors are not required to be tested while in temporary closure, however, must be tested prior to the addition of a regulated substances to the UST system.

f. UST and product piping tightness testing (e.g., interstitial space tightness testing on double wall tanks and lines or primary wall tightness for single wall tanks and lines) are not required to be performed while in temporary closure. However, tightness testing must be conducted prior to placing any regulated or hazardous materials in the UST. Any failed test results must be immediately investigated and repaired within 60 days.

g. The owner must continue to pay all UST registration fees throughout the duration of the temporary closure.

h. The owner/operator must comply with any other applicable Federal, State, and local regulations.

i. Inventory reconciliation and 0.2 GPH leak rate tests for single-walled tanks are not required to be performed while in approved temporary closure.

j. Approval of the temporary closure may be revoked at any time by DEM for failure to meet the minimum requirements identified in § 1.15(C) of this Part or for submittal of false information.

6. Re-Opening the UST System or Requesting an Extension to a Temporary Closure

a. The owner/operator of the facility must notify DEM 30 days prior to re-opening the UST system and must receive prior written approval before adding or dispensing any regulated substances or hazardous materials to the UST system.

(1) DEM may require additional testing, certification of components, additional documentation, repairs, or payment of fees prior to granting permission to re-open a temporarily closed UST system.

(2) If an owner/operator requested temporary closure due to failed UST system component(s), the component(s) must be repaired prior to reopening or requesting an extension to the initial temporary closure application.

b. The owner/operator may request up to four temporary closure extensions in increments of one year (365 days).

(1) All extension requests require documentation of an inspection conducted by the registered Class A or Class A/B operator conducted within 30 days of the application to document the UST facility conditions.

(2) DEM may require additional testing, completion of a Site Investigation and Site Investigation Report (SIR), certification of components, additional documentation, repairs, and payment of fees prior to granting an extension to the temporary closure.

(3) Extension requests must be submitted 30 days prior to the expiration of the current temporary closure and be submitted on the Temporary Closure Application form available on our website.

(4) A UST system may not be closed for more than five years as measured by the date of the original temporary closure approval. Any UST system which has been closed for more than five years must be permanently closed in accordance with § 1.15(D) of this Part.

D. Permanent Closure

1. Any UST, UST system, or product pipeline which is regulated under § 1.4 of this Part, is subject to the permanent closure requirements outlined in this Regulation. All permanent closures shall comply with the provisions of this Regulation and appropriate national codes of practice, including but not limited to "Closure of Underground Petroleum Storage Tanks", incorporated above at § 1.3(CC) of this Part and "Safe Entry and Cleaning of Petroleum Storage Tanks", incorporated above at § 1.3(DD) of this Part.

2. Prior approval and oversite from DEM is required for the permanent closure of any UST, UST system, or product pipeline before commencing any closure activities.

3. Permanent closure of a UST, UST system, or product pipeline may be requested by an owner at any time. Permanent closure of a UST, UST system, or product pipeline may be required under the following circumstances:

a. The UST, UST system, or product piping has been abandoned;

b. Any component of the UST, UST system, or product pipeline has exceeded the maximum temporary closure duration of five years;

c. The UST, UST system, and/or product pipeline has failed tightness testing and are unable to be satisfactorily repaired, exhibit evidence of structural failure, excessive corrosion, or damage;

d. The UST, UST system, or product pipeline no longer meets the minimum requirements outlined in §§ 1.10 and 1.11 of this Part;

e. The UST, UST system, product pipeline, or UST components exhibit evidence of a release;

f. As required by the Director.

4. Closure Applications - Owners/operators wishing to close a UST, UST system, or product pipeline, shall submit a UST and Product Pipeline Permanent Closure Application form, available on our website, to the Director at least ten days prior to the date the UST or product pipeline is to be permanently removed from service. Closure applications are valid for a period of one year. Such application shall be made on forms provided by the Department and shall include, but not be limited to:

a. The date of installation of the UST, UST system, and/or product pipeline;

b. The type of substance or material that was stored in the UST, UST system or product pipeline;

c. The closure method to be used and contractor to perform the work;

d. The size, type and location of the UST, UST system, and/or product pipeline;

e. Appropriate documentation demonstrating compliance with the approved closure procedures including, but not limited to:

(1) The method(s) to be used to empty the UST and/or product pipeline prior to excavation;

(2) The method to be used to remove the UST or product pipeline from the excavation;

(3) The names and contact information for the consultant who will prepare and submit the closure assessment report as described in § 1.15(D)(10) of this Part.

f. A description of the method(s) to be used to properly and safely vent the UST(s) and/or product pipeline and to properly make openings in the UST(s), including:

(1) Appropriate venting must be carried out both before any cutting of the tank, and before offsite transport of any tank which has not been completely cleaned per § 1.15(D)(8)(a) ((3)) of this Part.

(2) A description of the instruments to be used to verify that the tanks have been properly vented.

(3) A description of how any residues in the tank will be managed; and

(4) Appropriate documentation demonstrating notification of local fire officials.

5. Closure Application Fees

a. There shall be a fee for processing a closure application, which shall be submitted with the application form(s). The closure application is valid for a period of one year, so once the year expires a new application and new processing fees must be submitted.

b. The processing fee shall be $75.00 per UST to be closed.

c. Payment of the fee, and all unpaid registration fees and late fees shall be made in the full amount. Checks or money orders shall be made payable to the "State of Rhode Island, General Treasurer", to be placed in a restricted receipt account to be used for the UST Program.

6. Emergency Closures

a. The time frame requirements in § 1.15(D)(4) of this Part may be waived by the Director in the event of an emergency UST, UST system, or product pipeline closure. A closure assessment report may be required for any emergency closure.

7. Illegal Tank Removals

a. Upon the discovery or reporting of a regulated UST, UST system, or product pipeline that was closed without compliance with this Part, the UST owner /operator shall perform the following:

(1) Submit a completed UST and Product Pipeline closure application in accordance with § 1.15(D)(4) of this Part.

(2) Perform test pits with the number and locations as directed by DEM.

(3) Submit a completed Closure Assessment Report in accordance with § 1.15(D)(10) of this Part.

8. UST and Product Pipeline Removal

a. Upon approval by the Director of an application to close USTs, the UST system, or product pipelines, the owner may permanently close the specified components provided that:

(1) All product is removed from the UST(s), UST system, and/or product pipelines;

(2) Local fire safety officials have been notified of the date, time, and place of removal activities;

(3) The UST and product pipelines have been cleaned to remove any remaining product or residual material and such product or residual material is disposed of in accordance with applicable federal, state and local statutes, ordinances, Rules and Regulations;

(4) The gaseous vapors are released at the site in a safe manner consistent with national codes of practice, and in accordance with the closure application submitted to and approved by the Director;

(5) The owner shall make arrangements such that the UST(s) and product pipeline to be closed and the excavation zone shall be made available to be viewed and inspected by DEM personnel during the scheduled closure process, at the discretion of the Director.

(6) The owner is required to retain an environmental consultant to be present on the site during the UST and/or product pipeline removal process in order to ensure that an adequate closure assessment is performed, where required.

(7) Before final disposal, openings shall be made in the UST(s) to render it unfit for further use;

(8) Any excavated contaminated soil or debris is stored, handled and disposed of in accordance with appropriate state and federal statutes, Rules or Regulations; and

(9) The owner of the facility, as well as the person responsible for transporting any residues or contaminated soil generated by the closure, must keep records indicating the final destination for all such materials, the date(s) of such shipment(s), and the person or company responsible for the transportation. In the case of material managed as a hazardous waste, the manifest required by the Department's Rules and Regulations for Hazardous Waste Management, Subchapter 10 Part 1 of this Chapter, will satisfy this requirement.

9. UST and Product Pipeline Closure in Place

a. Upon approval by the Director, the owner of a facility may permanently close UST(s), UST system, or product pipeline via a Closure In Place which allows the components to remain in the ground provided that:

(1) The owner requests approval for closure in place in writing to the Director and approval is granted prior to the closure. The request must provide specific detailed information that demonstrates closure in place is necessary because the removal of the UST(s) or product pipeline would adversely impact the structural integrity of a building, permanent structure, sensitive/critical utilities, or other active UST(s) or product pipelines, or the removal of the UST(s) or product pipeline would adversely impact an environmentally sensitive area, or the UST(s) or product pipeline is inaccessible to typical removal equipment.

(2) For tanks and product pipelines not exempted from closure assessments by § 1.15(A) of this Part, the request must include a scope of work for the closure assessment that includes soil and groundwater sampling sufficient to determine whether a release has occurred. The closure assessment report must be prepared in accordance with § 1.15(D)(10) of this Part and submitted to the Director within 30 days of the closure.

(3) For UST(s) and/or product pipelines exempted by § 1.15(A) of this Part, the owner must either conduct a closure assessment or opt to have all USTs and product pipelines tightness tested. If any test results are not passing, a closure assessment is required and a scope of work for soil and groundwater sampling sufficient to determine if a release has occurred must be submitted for prior approval by the Director.

(4) All product is removed from the UST(s) and all connecting product pipelines;

(5) The UST(s) and, if applicable, product pipelines, are cleaned to remove any remaining product or residual material and such product or residual material is disposed of in accordance with applicable federal, state and local statutes, ordinances, Rules and Regulations;

(6) All fill, gauge, pump and vent lines are disconnected and all inlets and outlets are permanently capped or plugged; and

(7) All USTs are filled completely with a slurry concrete or flow able fill and all remaining product pipelines are permanently capped and secured against tampering.

10. Closure Assessment Report

a. Except as otherwise provided in § 1.15(A) of this Part, the owner of any UST, UST system, and/or product pipeline which is to be permanently closed shall have a closure assessment performed to determine if a release has occurred. The closure assessment will also be required of those USTs and product pipelines exempted by § 1.15(A) of this Part when evidence of a release is discovered during closure.

b. The closure assessment shall be conducted by and a closure assessment report prepared by an environmental consultant, in accordance with this rule and the DEM's UST Closure Assessment Guidelines. The Closure Assessment Report shall include, but not be limited to:

(1) A background description of the site including location, use of the facility, and a summary of any available tank and line leak detection results;

(2) A locus map using the U.S. Geological Survey 7.5 minute quadrangle map;

(3) A detailed site plan showing the location of all former or existing USTs, product and vapor line pipelines, dispensers, buildings, utilities, monitoring wells, drinking water wells, soil screening locations, soil sampling locations and any other pertinent site features;

(4) Descriptions of all USTs and product pipelines closed including size, construction type, depth to tank bottom, age and stored material;

(5) A description of the condition of the USTs and product pipelines including extent of corrosion, identification of any holes and any other indication of leakage;

(6) Photographic documentation of the condition of each UST and/or product pipeline removed;

(7) A description of the soil conditions in the excavation zone such as soil classification, gradation, extent of compaction and any other notable physical characteristics;

(8) A description of soil contamination, including visual and olfactory observations, field screening and laboratory analytical methods used and all results;

(9) A description of groundwater encountered in the excavation zone including depth to water and appearance with respect to the presence of any sheen or free product;

(10) A description of groundwater obtained from monitoring or observation wells, where present, including any gauging results;

(11) Identification of the DEM groundwater classification at the site and surrounding areas, the availability of public water and presence of private or public wells;

(12) Any potential receptors such as, but not limited to, surface waters, basements, storm drains, sewer lines or other utilities where contamination is identified;

(13) Description of the management of all excavated contaminated soil, including proper cover while stockpiled on-site and documentation of proper disposal;

(14) Documentation of proper disposal of the tank(s) and the residual sludge material;

(15) Any other information or documentation required to complete the closure assessment; and

(16) Conclusions as to whether a release has occurred and recommendations for further investigation and/or remediation.

c. The closure assessment report shall include the following signed statements:

(1) A statement signed by the registered professional engineer, or the certified professional geologist, or the registered professional geologist, who prepared the report or who directly supervised preparation of the report, certifying the accuracy of the information contained in the report; and

(2) A statement signed by the facility owner that the report is complete and accurate.

(3) A completed UST Closure Assessment Report Checklist.

d. The owner shall submit the Closure Assessment Report to the Director within 30 days after the date of the UST closure; or as specified by the Director.

e. All reports submitted to the Department per the requirements of this Section must be submitted in both hardcopy and electronic format (as specified by the Department).

11. In response to conditions identified by a representative of the Department or reported to the Department, the Director may require one or more of the following actions during the UST closure:

a. The collection and analysis of soil samples in and around the UST excavation zone and/or product pipeline trench conducted in accordance with standard EPA methods and protocols or other methods approved by the Director;

b. Excavation and stockpiling of contaminated soil from in and around the UST or product pipeline excavation for offsite disposal; and/or

c. Free product removal or other remedial activities applicable under §§ 1.14(E) and (F) of this Part, the RI DEM "Oil Pollution Control Regulations", Part 2 of this Subchapter, or other state and federal statutes, Rules or Regulations.

12. When required by the Director, the owner of a UST system permanently closed before December 22, 1988 shall assess the excavation zone in accordance with this Section if, in the judgment of the Director, releases from the UST pose a potential threat to human health or the environment.

13. Certificate of Closure

a. Following DEM inspection of a closure or receipt of a Closure Assessment Report that satisfies the Requirement in § 1.15(D)(10) of this Part, the Director shall:

(1) Issue a Certificate of Closure; or

(2) Require that additional actions be taken in accordance with § 1.14 of this Part if there is evidence of a release.

b. All Certificates of Closure issued under the "Emergency Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials", adopted 9 October, 1984 shall remain in full force and effect provided that the owner submit a written certification in accordance with § 1.17 of this Part.

c. The Director shall not issue a Certificate of Closure until it is satisfied that all residues and contaminated soil generated as a result of the closure have been properly transported to an authorized facility and all investigatory and remedial actions have been completed in accordance with § 1.14 of this Part.

250 R.I. Code R. 250-RICR-140-25-1.15

Amanded effective 11/20/2018