A. Owners
and operators shall notify the Department in accordance with
R18-12-222(G)
within 30 days of the date that an UST system is temporarily closed, and within
30 days of a temporarily closed system brought back into operation.
B. Owners and operators of a temporarily
closed UST system shall continue operation and maintenance of corrosion
protection in accordance with
R18-12-231, and release detection
in accordance with
R18-12-240 through
R18-12-245 . Discovery of a
release or suspected release shall be subject to the provisions of
R18-12-274 . Release detection and
release detection operation and maintenance testing and inspections under
R18-12-230 through
R18-12-245 are not required if the
temporarily closed UST system is emptied of all regulated substances and
accumulated residues. The UST system is empty when all contents have been
removed from the system so that no more than 2.5 centimeters (1 inch) of
residue or 0.3% by weight of the total capacity of the UST system remain in the
system. Spill and overfill operation and maintenance testing and inspections in
accordance with
R18-12-220(D),
R18-12-221(H),
R18-12-230,
R18-12-235 and
R18-12-236 do not have to be met
during temporary closure.
C. Owners
and operators of any UST system which is temporarily closed for three months or
more shall also comply with both of the following requirements before the end
of the third month following the date on which the UST system began temporary
closure:
1. Vent lines left open and
functioning;
2. All other lines,
pumps, manways, and ancillary equipment capped and secured in accordance with
R18-12-281(P)(1)
.
D.
To bring an UST system back into use, owners shall
notify the Department in accordance with R18-12-222(F)(5) within 30 days after
the date that the UST system is brought back into use.
E.
Any temporarily closed UST system that cannot be
brought back into service within 12 months from the date it went into temporary
closure, shall comply with one of the following before the expiration of the
12-month period:
1.
Permanently close the system in accordance with
R18-12-271 through R18-12-274 ,
2.
Obtain an extension of temporary closure from the
Department in accordance with subsection (G). To be effective, such an
extension shall be granted in writing by the Department prior to expiration of
the initial 12-month period of temporary closure.
D. An UST system that meets the
performance standards in
R18-12-220 for new UST systems or
the upgrade standards in
R18-12-221 may remain in temporary
closure indefinitely.
E. When an
UST system that does not meet either the performance standards in
R18-12-220 for new UST systems or
the upgrade standards in
R18-12-221 is temporarily closed
for more than 12 months, owners and operators shall permanently close the UST
system. Owners and operators of these systems that want to remain in temporary
closure longer than 12 months may request either a standard extension or a
limited extension of the 12 months of temporary closure according to subsection
(F).
F.
A request for an extension shall be made by the
owner using the Notification Form as described in R18-12-222(C)(3) . The
request shall include the results of a site assessment conducted in accordance
with R18-12-272 . A site assessment is not required if the UST system meets the
new system standards of R18-12-220 or the upgrade standards of R18-12-221
provided both of the following are met:
1.
The system has had corrosion protection installed in
accordance with R18-12-220(B) and (C) or R18-12-221(B) and (C) which has been
maintained in accordance with R18-12-231 ,
2.
The system has had an external leak detection system
installed in accordance with R18-12-243(E) or R18-12-243(F) which has been
maintained in accordance with R18-12-240 .
F. A request for an extension shall be made
by the owner or operator using the Notification Form as described in
R18-12-222(C)
prior to the expiration of the 12-month period of temporary closure.
1. Standard extension. A standard extension
extends the 12 month temporary closure period and temporarily postpones the
obligation to permanently close the tank. A request for a standard extension
shall include the results of a site assessment conducted in accordance with
R18-12-272.
2. Limited extension. A limited extension
also temporarily postpones the obligation to permanently close the tank but
does not require the results of a site assessment. A limited extension can be
requested if:
a. The owner or operator has
begun the process of permanently closing the tank either with or without the
Department's assistance,
b. The
owner or operator has begun the process of obtaining a baseline assessment
either with or without the Department's assistance, or
c. The owner or operator has begun the
process of confirming a release either with or without the Department's
assistance.
G.
If the request is timely submitted, the UST shall be considered to be in
extended temporary closure until the Department's determination is made and the
owner is informed in writing. The Department shall inform the owner, in writing
by certified mail, if the extension request is granted or denied. A standard or
limited extension of temporary closure which is granted by the Department shall
include the duration and the terms and conditions of the extension. Terms and
conditions shall be based upon the Department's assessment of what is
reasonably necessary to protect human health and the environment. If the
request for extension is denied, the UST system shall complete permanent
closure in accordance with
R18-12-271 through
R18-12-274.
