Ill. Admin. Code tit. 41, § 175.810 - Out of Service

a) USTs may be put into an out of service status provided they meet the performance standards for new UST systems or the upgrading requirements specified in 41 Ill. Adm. Code 174, 175 and 176 and 40 CFR 280, except that spill and overfill prevention equipment requirements do not have to be met. The USTs may continue in an out of service status for a period of 5 years from the date of last use provided they meet the following requirements:

1) The tank and product lines shall be emptied immediately upon placing the UST in an out of service status. The UST 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% by weight of the total capacity of the UST system, remain in the system.

2) Pursuant to Sections 175.500 and 175.510, all corrosion protection shall be maintained and operational for all tanks and lines, and tested as required, to include flex/pipe connectors. This will include any monthly logs that need to be maintained.

3) OSFM must receive a written request, within 30 days after the date the tank was last used, requesting an out of service status. The request shall be submitted on a Notification for Underground Storage Tanks on OSFM forms (available at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html).

4) Vent lines shall be left open and functioning.

5) Financial responsibility shall be maintained until such time as the UST is removed or abandoned-in-place in accordance with OSFM rules (see 41 Ill. Adm. Code 176.245).

6) Within 7 days, the owner/operator shall cap and secure all product lines and secure all pumps, manways and ancillary equipment.

7) Subject to all other applicable OSFM requirements, a UST may be put back in operation any time during the first 12 months, without meeting the requirements of subsection (d), subject to the requirement that OSFM be notified in writing on the Notification for Underground Storage Tanks form at least 10 days prior to operation. The form is available at the website cited in subsection (a)(3).

b) Failure to maintain impressed current system corrosion protection on any tank or piping systems at any point during the remaining 4-year out of service period referenced in subsection (d) shall require the removal of the USTs. When testing of anodes has been delayed past the regular 3-year testing interval, any anode system that fails testing shall require removal of the affected tanks or piping.

c) Failure to empty tanks in an out of service status shall require the owner to remove all contents to less than an inch before proceeding with bringing the tanks back into service.

d) Systems that have been out of use for over one year but less than 5 years may be put back in service provided that the facility meets all the applicable requirements in Parts 172, 174, 175, 176 and 177 and the following additional requirements are met:

1) Tanks and lines shall be precision tested and proven sufficient.

2) Tank and line release detection is tested and proven operational.

3) Cathodic protection is tested and proven sufficient.

4) A site assessment is conducted prior to bringing the UST back into service.

5) All tests referenced in subsections (d)(1) through (d)(3) must be performed not more than 90 days and not less than 30 days before placing the tank back in service and submitted to OSFM at least 10 days prior to reopening so that a certification audit can be performed.

6) Prior to a tank being put back in service, all requirements for return to service must be met, and all testing and inspections passed, and a Notification for Underground Storage Tanks Form placing the tanks "Currently in Use" must be submitted. The form is available at the OSFM website cited in subsection (a)(3) above.

e) Single-wall USTs over 30 years old that have been in an out of service status more than one year shall be removed rather than placed back into service.

f) If a UST is not placed back into service within 5 years from the date of last use, the tank system shall be removed within 60 days after the conclusion of the 5-year period.

g) USTs with double-walled tanks and piping shall not be subject to the 5-year limit during the period that is 30 years after the date of installation or while the tank manufacturer's warranty is in place, whichever is less, if all of the following requirements are met:

1) Corrosion protection has been and continues to be maintained;

2) Any UST components found to be defective are replaced in the 45 days prior to any return to service; and

3) All requirements for return to service under subsection (d) and this Section are met.

h) For purposes of this Section, "back in service" means that all regulatory requirements for a return to service have been met, and that the facility has begun regular dispensing operations typical for the location and is compliant with all leak detection, corrosion protection, and operator training requirements.

Notes

Ill. Admin. Code tit. 41, § 175.810

Amended at 42 Ill. Reg. 10476, effective 10/13/2018 Amended at 47 Ill. Reg. 6837, effective 5/2/2023 Amended at 48 Ill. Reg. 12838, effective 8/7/2024