[Title 40 CFR 280.71]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (CONTINUED)]
[Part 280 - TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)]
[Subpart G - Out-of-Service UST Systems and Closure]
[Sec. 280.71 Permanent Closure and Changes - in-service.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT232002-07-012002-07-01falsein-service.280.71Sec. 280.71 Permanent closure and changesPROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)Out-of-Service UST Systems and Closure
Sec. 280.71  Permanent closure and changes-in-service.

    (a) At least 30 days before beginning either permanent closure or a 
change-in-service under paragraphs (b) and (c) of this section, or 
within another reasonable time period determined by the implementing 
agency, owners and operators must notify the implementing agency of 
their intent to permanently close or make the change-in-service, unless 
such action is in response to corrective action. The required assessment 
of the excavation zone under Sec. 280.72 must be performed after 
notifying the implementing agency but before completion of the permanent 
closure or a change-in-service.
    (b) To permanently close a tank, owners and operators must empty and 
clean it by removing all liquids and accumulated sludges. All tanks 
taken out of service permanently must also be either removed from the 
ground or filled with an inert solid material.
    (c) Continued use of an UST system to store a non-regulated 
substance is considered a change-in-service. Before a change-in-service, 
owners and operators must empty and clean the tank by removing all 
liquid and accumulated sludge and conduct a site assessment in 
accordance with Sec. 280.72.
    Note: The following cleaning and closure procedures may be used to 
comply with this section:
    (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.