Conn. Agencies Regs. § 22a-449(d)-107 - Out-of-service UST systems and closure

Current through August 18, 2021

(a) Temporary closure.
(1) When an UST system is temporarily closed, owners and operators shall continue operation and maintenance of corrosion protection in accordance with subsections 22a-449(d) -103 (b) of these regulations, and any release detection in accordance with section 22a-449(d) -104 of these regulations. Section 22a-449(d) -105 and section 22a-449(d) -106 of these regulations shall be complied with if a release is suspected or confirmed. However, release detection other than monthly measurement recording for residue and water level in the UST system in accordance with section 22a-449(d) -104 of these regulations shall not be required as long as the UST system is empty and has never been subject to a failure. The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remain in the system.
(2) When an UST system is temporarily closed for 3 months or more, owners and operators shall also comply with the following requirements:
(A) Leave vent lines open and functioning; and
(B) Cap and secure all other lines, pumps, manways, and ancillary equipment.
(3) When an UST system is temporarily closed for more than 12 months, owners and operators shall permanently close the UST system if it does not meet either performance standards in subsection 22a-449(d) -102 (a) of these regulations for new UST systems or the upgrading requirements in section 22a-449(d) -110 of these regulations, except that the spill and overfill equipment requirements do not have to be met. Owners and operators shall permanently close the substandard UST systems at the end of this 12-month period in accordance with subsections 22a-449(d) -107 (b), (c), (d) and (e) of these regulations, unless the implementing agency provides prior written approval for extension of the 12-month temporary closure period. Owners and operators shall complete a site assessment in accordance with subsection 22a-449(d) -107 (c) of these regulations before such an extension can be applied for.
(b) Permanent closure.
(1) At least 30 days before beginning permanent closure under subdivision 22a-449(d) -107 (b) (2) of these regulations, or within another reasonable time period determined in writing by the implementing agency, owners and operators shall notify the implementing agency of their intent to permanently close, unless such action is in response to corrective action. The required assessment of the excavation zone under subsection 22a-449(d) -107 (c) of these regulations shall be performed after notifying the implementing agency but before completion of the permanent closure.
(2) To permanently close an UST system, owners and operators shall comply with NFPA 30 and empty and clean it by removing all liquids and accumulated sludges. All UST systems taken out of service permanently shall also be either removed from the ground or filled with an inert solid material.
(3) The following cleaning and closure procedures may be used to comply with subsection 22a-449(d) -107 (b) of these regulations:
(A) American Petroleum Institute Recommended Practice 1604, "Removal and Disposal of Used Underground Petroleum Storage Tanks";
(B) American Petroleum Institute Publication 2015, "Cleaning Petroleum Storage Tanks";
(C) American Petroleum Institute Recommended Practice 1631, "Interior Lining of Underground Storage Tanks," may be used as guidance for compliance with this section; and
(D) The National Institute for Occupational Safety and Health "Criteria for a Recommended Standard * * * Working in Confined Space" may be used as guidance for conducting safe closure procedures at some hazardous substance tanks.
(c) Assessing the site at closure.
(1) Before permanent closure is completed, owners and operators shall measure for the presence of a release where contamination is most likely to be present at the UST site. Such measurements shall include but not be limited to the selection of samples for analysis to determine the presence of a release where contamination is most likely to be present at the UST site. Such samples and measurements shall be conducted in a manner to determine compliance with all applicable laws and regulations. In selecting sample types, sample locations, and measurement methods, owners and operators shall consider the method of closure, the nature of the stored substance, the type of backfill, the depth to ground water, and other factors appropriate for identifying the presence of a release. Sample collection and analysis shall comply with appropriate chain-of-custody procedures to ensure sample integrity and all samples shall be analyzed by a laboratory certified by the Connecticut Department of Health Services to perform such analyses. The requirements of this section are satisfied if one of the external release detection methods allowed in subdivisions 22a-449(d) -104 (e) (5) and (6) of these regulations is operating in accordance with the requirements in subsection 22a-449(d) -104 (e) of these regulations at the time of closure and has been and is in compliance with section 22a-449(d) -104 of these regulations, and indicates no release has occurred.
(2) If contaminated soils, contaminated ground water, or free product as a liquid or vapor is discovered under subdivision 22a-449(d) -107 (c) (1) of these regulations, or by any other manner, owners and operators shall begin corrective action in accordance with section 22a-449(d) -106 of these regulations.
(d) Applicability to previously closed UST systems.

When directed by the implementing agency, the owner and operator of an UST system permanently closed before December 22, 1988 shall assess the excavation zone and close the UST system in accordance with this subsection if releases from the UST may, in the judgment of the implementing agency, pose a current or potential threat to human health and the environment, or if, in the judgement of the implementing agency, the owner or operator of the UST system has violated any of the requirements in these regulations.

(e) Closure records.

Owners and operators shall maintain records in accordance with subsection 22a-449(d) -103 (e) of these regulations that are capable of demonstrating compliance with closure requirements under section 22a-449(d) -107 of these regulations. The results of the excavation zone assessment required in subsection 22a-449(d) -107 (e) of these regulations shall be maintained for at least 5 years beyond completion of the UST system permanent closure in the following ways:

(1) By the owners and operators who took the UST system out of service, and By the current owners and operators of the UST system site.
(f) Abandoned UST Systems.

No person or municipality shall use or operate an abandoned UST system.

Notes

Conn. Agencies Regs. § 22a-449(d)-107
Effective July 28, 1994

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.