Illinois Administrative Code
Title 41 - FIRE PROTECTION
Part 176 - ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES
Subpart D - GENERAL TECHNICAL REQUIREMENTS, INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION
Section 176.460 - Pre-'74 and Heating Oil USTs
Current through Register Vol. 48, No. 38, September 20, 2024
USTs not in operation at any time after January 1, 1974 (commonly referred to as "pre-'74 USTs"), and non-farm and non-residential heating oil USTs for consumptive use on the premises where stored, remain classified as USTs and require a permit to be abandoned-in-place or removed and are subject to all other applicable UST requirements, except for those requirements specifically exempted by this Section or by Section 176.440.
a) Pursuant to Sections 2(3)(f) and 4(b)(1)(A) of the Gasoline Storage Act, pre-'74 USTs are not required to be registered and need not be removed, unless the OSFM has determined that a release from the USTs poses a current or potential threat to human health and the environment.
b) In accordance with Section 57.5(g) of the Illinois Environmental Protection Act [415 ILCS 5/57.5(g)] and Section 4 of the Gasoline Storage Act, a heating oil UST for consumptive use on the premises where stored, regardless of when last in operation, is not required to be removed unless OSFM has determined that a release from the UST poses a current or potential threat to human health and the environment. However, the UST is subject to the notification requirements, as well as compliance with all other applicable Sections of 41 Ill. Adm. Code 175 and this Part.
c) Heating oil USTs installed prior to April 1, 1995 are not required to meet the upgrade requirements for corrosion protection, spill and overfill prevention, and release detection in 41 Ill. Adm. Code 174 and 175 and this Part. Heating oil USTs installed after April 1, 1995 must meet all current upgrade requirements outlined in 41 Ill. Adm. Code 174 and 175 and this Part, including permitting.
d) If any pre-'74 tank, heating oil or otherwise, discovered during any activity is found to be damaged or is damaged at the time of discovery, it shall be removed. No structure shall be erected over pre-'74 tanks, heating oil or otherwise, and they must be removed by an OSFM-licensed contractor. All applicable permits apply.
