Tenn. Comp. R. & Regs. 0400-18-01-.07 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE

(1) Temporary closure.

(a) When a UST system is temporarily closed, owners, operators, and/or other responsible parties shall continue operation and maintenance of spill and overfill prevention and corrosion protection in accordance with paragraphs (3) and (4) of Rule 0400-18-01-.02, and any release detection in accordance with Rule 0400-18-01-.04 and Rule 0400-1801-.17. Rule 0400-18-01-.05 and Rule 0400-18-01-.06 shall be complied with if a release is suspected or confirmed. However, release detection and release detection operation and maintenance testing and inspections in Rule 0400-18-01-.02 and Rule 0400-18-01-.04 are not required as long as the UST system is empty. 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 remains in the system. In addition, testing and inspections regarding operation and maintenance of spill and overfill prevention in Rule 0400-18-01-.02 are not required as long as the UST system is empty.

(b) When a UST system is temporarily closed for three months or more, owners , operators, and/or other responsible parties shall also comply with the following requirements:

1. Leave vent lines open and functioning;

2. Cap and secure all other lines, pumps, manways, and ancillary equipment; and

3. File an amended notification form showing the tank system as temporarily out of use.

(2) Substandard UST systems.

Unless directed to do otherwise by the Division, owners, operators, and/or other responsible parties of a UST system which does not meet the requirements in paragraphs (3) and (4) of Rule 0400-18-01-.02 shall permanently close the substandard UST system in accordance with paragraphs (4) and (5) of this rule, except that parts (4)(a)6. and 7. of this rule shall not apply to a substandard UST system. Owners, operators, and/or other responsible parties of a substandard UST system shall complete the permanent closure, including submittal of the Permanent Closure Report, within 60 days of division approval of the Application for Permanent Closure of Underground Storage Tanks.

(3) Tank compartment closure.

For a tank that has more than one tank compartment, one or more of the tank compartments may be permanently closed in accordance with the provisions of this paragraph as well as paragraph (5) of this rule. If all the compartments in a tank are to be permanently closed, the requirements for permanent closure set forth in paragraphs (4) and (5) of this rule shall be followed by the tank owner, operator, and/or other responsible parties.

(a) At least 30 days before beginning tank compartment closure, owners, operators, and/or other responsible parties shall apply for tank compartment closure. Application for tank compartment closure shall meet the following requirements:

1. An Application for Closure of Tank Compartment(s) shall be submitted in a format established by the Division. The application shall be completed according to the instructions provided by the Division.

2. The Application for Closure of Tank Compartment(s) shall be accompanied by a written statement provided by either the tank manufacturer or a Registered Professional Engineer certifying the following:

(i) The planned closure of the tank compartment(s) will not cause structural damage to the tank; and

(ii) The corrosion protection system will continue to function as designed and will continue to effectively prevent corrosion of the tank following completion of the planned closure of the tank compartment(s).

3. The tank owner, operator, and/or other responsible party shall obtain division approval of the Application for Closure of Tank Compartment(s) prior to closing the tank compartment(s).

4. The application shall constitute a plan for tank compartment(s) closure.

5. Tank compartment(s) closure activities shall be conducted in accordance with the plan contained in the approved Application for Closure of Tank Compartment(s). If alterations to the plan are required, an amended Application for Closure of Tank Compartment(s) shall be submitted to the Division for approval.

6. The approved Application for Closure of Tank Compartment(s) shall be available for inspection upon request at the petroleum site at the time of tank compartment closure.

7. Division approval of the Application for Closure of Tank Compartment(s) shall be valid for 12 months following such approval. However, such approval shall not be transferable to another person during that 12 month approval time.

8. If tank compartment(s) closure is not completed within 12 months, the tank owner, operator, and/or other responsible parties shall submit a new Application for Closure of Tank Compartment(s) to the Division for approval at least 30 days before beginning tank compartment closure.

(b) The required site assessment under paragraph (5) of this rule shall be performed after receipt of division approval of the Application for Tank Compartment(s) Closure, but before completion of the tank compartment closure. Results of all samples taken during the closure of the tank compartment must be reported to the Division within 60 days of collection. Samples may be taken while the compartments of the underground storage tank system that are not being permanently closed are in operation. However, samples may not be taken while the tank compartment that is being permanently closed is still in operation.

(c) To permanently close a tank compartment, owners, operators, and/or other responsible parties shall clean the compartment which is to be closed by removing all liquids and accumulated sludges. All tank compartments taken out of service permanently shall be filled with an inert solid material such as a cement compound, sand, gravel, etc. The inert solid material must have a specific gravity greater than 1.0.

(d) Tank compartment closure activities shall not damage those portions of the underground storage tank system that are not being permanently closed.

(e) Tank compartment closure activities shall not cause or allow a release of petroleum from the underground storage tank system into the environment.

(f) Paragraphs (4) and (5) of this rule shall be followed when the final tank compartment is permanently closed.

(4) Permanent closure and changes-in-service.

(a) At least 30 days before beginning either permanent closure of any portion of an underground storage tank system or a change-in-service under subparagraphs (b) and (c) of this paragraph, owners, operators, and/or other responsible parties shall apply for permanent closure, unless such action is in response to corrective action. Application for permanent closure or change in service shall meet the following requirements:

1. An Application for Permanent Closure of Underground Storage Tank Systems shall be submitted in a format established by the Division. The application shall be completed according to the instructions provided by the Division.

2. The tank owner, operator and/or other responsible party shall obtain division approval of the Application for Permanent Closure prior to permanently closing the UST system or any portion thereof or effecting a change in service of the UST system, unless tank compartment closure is conducted in accordance with paragraphs (3) and (5) of this rule.

3. The application shall constitute a plan for closure or change in service of the UST system, or any portion thereof.

4. Change in service or closure activities shall be conducted in accordance with the plan contained in the approved Application for Permanent Closure. If alterations to the plan are required, an amended Application for Permanent Closure shall be submitted to the Division for approval.

5. The approved Application for Permanent Closure of Underground Storage Tank Systems shall be available for inspection upon request at the petroleum site at the time of closure.

6. Division approval of the Application for Permanent Closure shall be valid for 12 months following such approval. However, such approval shall not be transferable to another person during that 12 month approval time.

7. If permanent closure or change-in-service is not completed within 12 months, the tank owner, operator, and/or other responsible parties shall submit a new Application for Permanent Closure to the division for approval at least 30 days before beginning underground storage tank system closure.

(b) To permanently close a tank, owners, operators, and/or other responsible parties shall clean it by removing all liquids and accumulated sludges. All tanks taken out of service permanently shall also be either removed from the ground or filled with an inert solid material such as a cement compound, sand, gravel, etc. The inert solid material shall have a specific gravity greater than 1.0.

(c) Use of a petroleum UST system to store a non-petroleum substance is considered a change-in-service. Before a change-in-service, owners, operators, and/or other responsible parties shall clean the tank by removing all liquids and accumulated sludges and conduct a site assessment in accordance with paragraph (5) of this rule.

(d) Should an owner, operator, and/or other responsible parties elect to excavate and remove a tank from the site, such excavation and removal shall be done in accordance with Appendix 0400-18-01-.07 -A.

(e) Once a tank has been excavated, it may be stored on-site or transported off-site for storage or disposal. Excavated tanks which have not been cut into sections for disposal shall be considered in storage and shall at all times, while in storage, be maintained in a vapor-free state and stored in accordance with Appendix 0400-18-01-.07 -A.

(f) Tanks shall not be stored at a UST facility unless they are maintained in a vapor-free state, stored in accordance with Appendix 0400-18-01-.07 -A, and one of the following conditions are met:

1.

(i) Tanks have been cleaned by removal of all liquids and accumulated sludges; and

(ii) Tanks have been purged of vapors so that any explosive levels do not exceed 20% of the lower explosive limit for the petroleum substance; and

(iii) Tanks have an opening or openings installed which comprise a minimum of 10% of the total tank surface area. Such openings will not be considered openings if they are in contact or contiguous with the ground or surface on which the tank may be resting; or

2. Subparts 1.(i) and (ii) of this subparagraph have been complied with and there are no remaining USTs either in use or in a temporarily closed condition at the facility; or

3. Tanks which are removed from a UST facility and are intended for reuse at the same or another facility as USTs may be stored at a UST facility if the owner, operator, and/or other responsible parties meets the conditions described in subparts 1.(i) and (ii) of this subparagraph, and either removes the tank off-site from a UST facility or puts it back into service within 30 days of excavation.

(g) Tanks shall be stored in a manner which does not pose safety hazards. Tanks shall be stored in a position with the tank's center of gravity closest to the ground. Tanks shall not be stacked. Tanks shall be secured so that they will not roll or slide across a level or sloping ground surface.

[NOTE: Transportation and disposal of tanks will be subject to all applicable federal, state, and local laws and regulations concerning the safe transportation and proper disposal of such materials.]

(5) Assessing the site at tank closure, tank compartment closure or change-in-service.

The required site assessment shall be performed after receipt of division approval of either an Application for Permanent Closure of Underground Storage Tank System(s) or an Application for Closure of Tank Compartment(s), but before completion of either the permanent closure, tank compartment closure or a change-in-service. The required site assessment shall be performed in accordance with guidance provided by the Division.

(a) Before permanent closure of a tank or a tank compartment or a change-in service is completed, owners, operators, and/or other responsible parties shall measure for the presence of a release where contamination is most likely to be present at the UST site. Sampling shall meet the following requirements:

1. In selecting sample types, sample locations, and measurement methods, owners, operators, and/or other responsible parties shall consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release.

2. At least one day before samples are taken, the owner, operator, and/or other responsible parties shall notify the Division concerning the schedule for sample collection.

(b) Results of all samples taken during change in service or closure of the underground storage tank system or closure of a tank compartment shall be reported to the Division within 60 days of collection. Samples shall not be taken while the underground storage tank system is in operation, except when tank compartment closure is being conducted in accordance with paragraph (3) of this rule. Sample results shall be submitted as an attachment to either a Permanent Closure Report for Underground Storage Tank Systems or a Permanent Closure Report for Tank Compartments.

(c) The Permanent Closure Report for Underground Storage Tank Systems and/or tank compartments shall be submitted in a format established by the Division. The Permanent Closure Report for Underground Storage Tank Systems shall be completed in accordance with the instructions provided by the Division.

(d) The report, either the Permanent Closure Report for Underground Storage Tank Systems or the Permanent Closure Report for Tank Compartments, shall include, but not be limited to, the following information:

1. The facility identification number assigned to the facility by the Division;

2. Facility name and address;

3. An updated post-closure site map;

4. Sampling, including field screening and laboratory analytical results;

5. Information concerning the removal, storage and/or disposal of tanks, piping and other ancillary underground equipment; and

6. Information concerning the removal, remediation and/or disposal of petroleum, petroleum waste, petroleum contaminated soil and/or groundwater.

(e) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered under subparagraph (a) of this paragraph, or by any other manner, owners, operators, and/or other responsible parties shall begin release response and corrective action in accordance with Rule 0400-18-01-.06.

(6) Applicability to previously closed UST systems.

When directed by the Division, the owner, operator, and/or other responsible parties of a UST system permanently closed before December 22, 1988, shall assess the site and close the UST system in accordance with this rule if releases from the UST may, in the judgment of the Division, pose a current or potential threat to human health and the environment.

(7) Closure records.

Owners, operators, and/or other responsible parties shall maintain records in accordance with paragraph (2) of Rule 0400-18-01-.03 that are capable of demonstrating compliance with closure requirements under this rule. The results of the site assessment required in paragraph (5) of this rule shall be maintained for at least three years after completion of permanent closure or change-in-service in one of the following ways:

(a) By the owners, operators, and/or other responsible parties who took the UST system out of service;

(b) By the current owners, operators, and/or other responsible parties of the UST system site; or

(c) By mailing these records to the Division if they cannot be maintained at the closed facility.

APPENDIX 0400-18-01-.07 -A

REMOVAL OF UNDERGROUND TANKS.

(1) Preparation.

(a) Drain product piping into the tank, being careful to avoid any spillage. Cap or remove product piping.

(b) Remove liquids and residues from the tank by using explosion-proof or air-driven pumps. Pump motors and suction hoses shall be bonded to the tank or otherwise grounded to prevent electrostatic ignition hazards. It may be necessary to use a hand pump to remove the last few inches of liquid from the bottom of the tank.

NOTE: (The Federal Resource Conservation and Recovery Act (RCRA) 42 U.S.C. Section 6901 et seq., and the Tennessee Hazardous Waste Management Act (HWMA) Part 1 T.C.A. §§ 68-212-101 et seq. place restrictions on disposal of certain residues that may be present in some underground storage tanks. Residues from tanks that have held leaded gasoline should be treated with extreme caution. Lead compounds and other residues in the tank may be classified as hazardous wastes).

(c) Excavate to the top of tank.

(d) Remove the fill pipe, gauge pipe, vapor recovery truck connection, submersible pumps , and other tank fixtures. Remove the drop tube, except when it is planned to vapor-free the tank by using an eductor. Cap or remove all non-product lines, such as vapor recovery lines, except the vent line. The vent line shall remain connected until the tank is purged. Temporarily plug all other tank openings so that all vapors will exit through the vent line during the vapor-freeing process.

(2) Purging.

(a) Remove flammable vapors by one of the methods described in subparagraphs (b) through (e) of this paragraph, or as required by local codes. These methods provide a means for temporary vapor-freeing of the tank atmosphere. However, it is important to recognize that the tank may continue to be a source of flammable vapors even after following the vapor-freeing procedures described in subparagraphs (b) through (e) of this paragraph. For this reason, caution shall always be exercised when handling or working around tanks that have stored flammable or combustible liquids. Before initiating work in the tank area or on the tank, a combustible gas indicator shall be used to assess vapor concentrations in the tank and work area. All work shall be done in accordance with paragraph (3) of this appendix.

(b) Vent all vapors from the tank at a minimum height of 12 feet above grade and three feet above any adjacent roof lines until the tank is purged of flammable vapors. The work area shall be free from sources of ignition.

(c) Flammable and combustible vapors may be purged with an inert gas such as carbon dioxide (CO2) or nitrogen (N2). This method is not to be utilized if the tank is to be entered for any reason, as the tank atmosphere will be oxygen deficient. The inert gas is to be introduced through a single tank opening at a point near the bottom of the tank at the end of the tank opposite the vent. When inert gases are used, they shall be introduced under low pressure to avoid the generation of static electricity. When using CO2 or N2, pressures in the tank shall not exceed five pounds per square inch gauge.

Caution: The process of introducing compressed gases into the tank may create a potential ignition hazard as the result of the development of static electrical charges. The discharging device shall therefore be grounded. Explosions have resulted from the discharging of CO2 fire extinguishers into tanks containing a flammable vapor-air mixture. CO2 extinguishers shall not be used for inerting flammable atmospheres.

(d) If the method described in subparagraph (c) of this paragraph is not practical, the vapors in the tank may be displaced by adding solid carbon dioxide (dry ice) to the tank in the amount of at least 1.5 pounds per 100 gallons of tank capacity. The dry ice should be crushed and distributed evenly over the greatest possible area in the tank to promote rapid evaporation. As the dry ice vaporizes, flammable vapors will flow out of the tank and may surround the area. Therefore, where practical, plug all tank openings except the vent after introducing the solid CO2 and continue to observe all normal safety precautions regarding flammable or combustible vapors. Make sure that all of the dry ice has evaporated before proceeding.

(e) Flammable vapors may be exhausted from the tank by one of two methods of tank ventilation listed below:

1. Ventilation using an eductor-type air mover usually driven by compressed air. The eductor-type air mover shall be properly bonded to prevent the generation and discharge of static electricity. When using this method, the fill (drop) tube shall remain in place to ensure ventilation at the bottom of the tank. Tanks equipped with fill (drop) tubes that are not removable should be purged by this method. An eductor extension shall be used to discharge vapors a minimum of 12 feet above grade and at least three feet above any adjacent roof line.

2. Ventilation with a diffused air blower. When using this purging method, it is imperative that the air-diffusing pipe is properly bonded to prevent the discharge of a spark. Fill (drop) tubes shall be removed to allow proper diffusion of the air in the tank. Air supply should be from a compressor that has been checked to ensure a clean air supply and is free from volatile vapors. Air pressure in the tank shall not exceed five pounds per square inch gauge.

(3) Testing.

(a) The tank atmosphere and the excavation area are to be regularly tested for flammable or combustible vapor concentrations until the tank is removed from both the excavation and the site. Such tests are to be made with a combustible gas indicator which is properly calibrated according to the manufacturer's instructions and which is thoroughly checked and maintained in accordance with the manufacturer's instructions. Persons responsible for testing shall be completely familiar with the use of the instrument and the interpretation of the instrument's readings.

(b) The tank vapor space is to be tested by placing the combustible gas indicator probe into the fill opening with the drop tube removed. Readings should be taken at the bottom, middle, and upper portions of the tank, and the instrument should be cleared after each reading. If the tank is equipped with a non-removable fill tube, readings are to be taken through another opening. Liquid product shall not enter the probe. Readings of 20% or less of the lower flammable limit shall be obtained before the tank is considered safe for removal from the ground.

(c) Tanks purged with an inert gas shall be sampled with an oxygen indicator and the oxygen content shall be considered while interpreting combustible gas indicator results.

(4) Removal.

(a) After the tank has been freed of vapors and before it is removed from the excavation, plug or cap all accessible holes. One plug shall have a one-eighth of an inch vent hole to prevent the tank from being subjected to excessive differential pressure caused by temperature changes. The tank shall always be positioned with this vent plug on top of the tank during subsequent transport and storage.

(b) Excavate around the tank to uncover it for removal. Remove the tank from the excavation and place it on a level surface. Use wood blocks to prevent movement of the tank after removal and prior to loading on a truck for transportation. Use screwed (boiler) plugs to plug any corrosion holes in the tank shell.

(c) Precautions shall be taken to assure any vapors left in the tank do not reach a combustible level. If this situation occurs, the tank shall be purged according to paragraph (2) of this appendix.

(d) Before the tank is removed from the site, the tank atmosphere shall be checked with a combustible gas indicator to ensure that it does not exceed 20% of the lower flammable limit.

(e) The tank shall be secured on a truck for transportation to the storage or disposal site with the one-eighth of an inch vent hole located at the uppermost point on the tank. Tanks shall be transported in accordance with all applicable local, state, and federal laws and regulations.

(f) Tanks shall be labeled after removal from the ground but prior to removal from the site. Regardless of the condition of the tank, the label shall contain a warning against certain types of reuse. The former contents and present vapor state of each tank, including vapor-freeing treatment and data shall also be indicated. The label shall be similar to the following in legible letters at least two inches high:

Tank Has Contained Leaded Gasoline*

Not Vapor Free

Not Suitable For Storage Of Food Or Liquids

Intended For Human Or Animal Consumption

Date Of Removal: Month/Day/ Year

*Or other flammable/combustible liquid. Use the applicable designation, for example, diesel.

Tanks that have held leaded motor fuels (or whose service history is unknown) shall also be clearly labeled with the following information:

Tank Has Contained Leaded Gasoline

Lead Vapors May Be Released If Heat

Is Applied To The Tank Shell

(5) Storage Of Used Tanks.

Storage Procedures.

(a) Tanks shall be vapor-freed before being placed in storage. Tanks shall also be free of all liquids and residues. All tank openings shall be tightly plugged or capped, with one plug having a one-eighth of an inch vent hole to prevent the tank from being subjected to excessive differential pressure caused by temperature changes. Tanks shall be stored with the vented plug at the highest point on the tank. All tanks shall be labeled.

(b) Used tanks shall be stored in secure areas where the general public will not have access.

Notes

Tenn. Comp. R. & Regs. 0400-18-01-.07

Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective October 13, 2018. Amendments filed March 17, 2021; effective 6/15/2021.

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.