OUT-OF-SERVICE UNDERGROUND STORAGE TANK
SYSTEMS AND CLOSURE
§ 245.451. Temporary removal from service (out-of-service).
(a) When an underground storage tank system is temporarily removed from service (out-of-service), the owner shall complete and submit an amended registration form to the Department within 30 days in accordance with § 245.41 (relating to tank registration requirements).
(b) Owners and operators shall continue operation and maintenance of corrosion protection in accordance with § 245.432 (relating to operation and maintenance including corrosion protection), while the tank is temporarily out-of-service. Records shall continue to be kept in accordance with § 245.435 (relating to reporting and recordkeeping).
(c) Owners and operators shall empty a tank being placed temporarily out-of-service prior to submission of the registration form to the Department unless directed otherwise by the Department. Removed contents shall be reused, treated or disposed of in accordance with State and Federal requirements, such as Chapter 299 (relating to storage and transportation of residual waste) and 29 CFR Part 1910 (relating to occupational safety and health standards). Release detection is not required as long as the underground storage tank system is empty. The underground storage tank system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (1 inch) of residue, or 0.3% by weight of the total capacity of the underground storage tank system, remain in the system. Owners and operators shall maintain release detection records required under § 245.446(2) (relating to release detection recordkeeping) for the most recent 12-month period of active operation.
(d) Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) shall be complied with if a release is suspected or confirmed.
(e) Inspection requirements at 3-year intervals in § 245.411(c) (relating to inspection frequency) shall be performed on an underground storage tank system in temporary out-of-service status.
(f) When an underground storage tank system is temporarily removed from service for 3 months or more, owners and operators shall also comply with the following requirements:
(1) Vent lines shall be open and functioning.
(2) All other lines, pumps, manways and ancillary equipment shall be capped and secure.
(g) When an underground storage tank system is temporarily removed from service for more than 12 months, owners and operators shall:
(1) Permanently close the underground storage tank system if it does not meet either performance standards in § 245.421 (relating to performance standards for underground storage tank systems) for new underground storage tank systems or the upgrading requirements in § 245.422 (relating to upgrading of existing underground storage tank systems), except that the spill and overfill equipment requirements do not have to be met.
(2) Permanently close the substandard underground storage tank system at the end of this 12-month period in accordance with § § 245.452245.455, unless the Department provides an extension of the 12-month temporary out-of-service period.
(3) Complete a site assessment in accordance with § 245.453 (relating to assessing the site at closure or change-in-service) before an extension may be applied for.
(h) Underground storage tank systems that meet performance standards in § 245.421 or the upgrading requirements in § 245.422 shall be permanently closed within 3 years of being placed temporarily out-of-service or by November 10, 2010, whichever is later, unless the Department grants an extension to this temporary out-of-service period. The Department may establish conditions and require submission of documentation associated with extension of the temporary out-of-service period, such as the following:
(1) Requirements for inspection under § 245.21 (relating to tank handling and inspection requirements) and § 245.411.
(2) Verification and testing of cathodic protection systems under § 245.432.
(3) Site assessment under § 245.453.
(4) Other considerations determined by the Department.
(i) The Department may require tests to be performed of the underground storage tank system in temporary out-of-service status when returning the storage tank system to currently-in-use status. These tests may include tank and line tightness testing, verification of compatibility, operability testing as required under § 245.437 (relating to periodic testing), internal inspection of the tank or other tests to ensure proper operation.
The provisions of this § 245.451 amended November 9, 2007, effective November 10, 2007, 37 Pa.B. 5979; amended December 21, 2018, effective December 22, 2018, 48 Pa.B. 7875. Immediately preceding text appears at serial pages (331090) to (331091).
This section cited in 25 Pa. Code § 245.422 (relating to upgrading of existing underground storage tank systems); 25 Pa. Code § 245.432 (relating to operation and maintenance including corrosion protection); and 25 Pa. Code § 245.441 (relating to general requirements for underground storage tank systems).
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