Current through Register Vol. 6, March 22, 2024
(1) An UST system is inactive when the owner
or operator notifies the department that the UST is no longer in use for
dispensing, depositing, or storing regulated substances or the department
determines inactive status based on available information. The owner or
operator shall continue operation and maintenance of corrosion protection on an
out-of-service UST in accordance with ARM
17.56.302,
and shall continue operation and maintenance of any release detection in
accordance with ARM Title 17, chapter 56, subchapter 4. ARM Title 17, chapter
56, subchapters 5 and 6 must be complied with if a release is suspected or
confirmed. However, release detection, release detection operation, and
maintenance testing and inspections in ARM Title 17, chapter 56, subchapter 3
and 4 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, or 0.3 percent by
weight of the total capacity of the UST system, remains in the system. In
addition, spill and overfill operation and maintenance testing and inspections
in subchapter 3 are not required.
(2) When an UST system is inactive or out of
service for three months or more, owners and operators shall also:
(a) empty the UST system;
(b) leave vent lines open and functioning;
and
(c) cap and secure all other
lines, pumps, manways, and ancillary equipment.
(3) Out-of-service UST system components that
do not meet the corrosion protection requirements of ARM
17.56.201
or
17.56.202
must, within 12 months of being taken out of service or, in the case of a found
tank, within 12 months of its discovery, be:
(a) permanently closed in accordance with ARM
17.56.702
through
17.56.706;
or
(b) brought into compliance with
ARM Title 17, chapter 56, subchapter 2.
(4) In order to return an inactive UST to
active status, owners and operators, in addition to complying with all
applicable UST requirements under this subchapter, shall:
(a) when an UST has a valid operating permit
and is inactive for 12 months or less, provide the department with 30 days
advance written notice of the owner or operator's intent to return the UST to
active status;
(b) when an UST has
a valid operating permit and is inactive for more than 12 months:
(i) provide the department with 30 days
advance written notice of the owner or operator's intent to return the UST to
active status; and
(ii) perform a
precision tank tightness test, line tightness tests and functionality tests of
all mechanical and electronic release detection equipment, and submit all test
results to the department. The owner and operator may return the UST to active
status only upon receipt of notice from the department indicating that the test
results are satisfactory. All tests must be conducted in accordance with
accepted industry standards and must meet the performance requirements in ARM
17.56.407
and
17.56.408;
(c) when an UST does not have a
valid operating permit, but no more than 12 months have passed since the
expiration date of the last operating permit issued for the UST:
(i) provide the department with advance
written notice as required in (4)(b)(i); and
(ii) obtain a conditional operating permit in
accordance with ARM
17.56.310
and a compliance inspection in accordance with ARM
17.56.309;
(d) when an UST does not
have a valid operating permit, and more than 12 months have passed since the
expiration date of the last operating permit issued for the UST:
(i) provide the department with advance
written notice as required in (4)(b)(i);
(ii) perform a precision tank tightness test,
line tightness tests, and functionality tests of all mechanical and electronic
release detection equipment, and submit test results to the department. The
owner and operator may return the UST to active status only upon receipt of
notice from the department indicating that the test results are satisfactory.
All tests must be conducted in accordance with accepted industry standards and
must meet the performance requirements in ARM
17.56.407
and 17.56.408; and
(iii) obtain a
conditional operating permit in accordance with ARM
17.56.310
and a compliance inspection in accordance with ARM 17.56.309;
(e) when an UST does not
have a valid operating permit, continuous operation and maintenance of
corrosion protection in accordance with ARM
17.56.302
cannot be demonstrated, and more than three years have passed since the
expiration date of the last operating permit issued for the UST:
(i) meet all the requirements in (4)(d)(i)
through (4)(d)(iii); and
(ii) show
that the UST is structurally sound based upon an internal
inspection.
AUTH:
75-11-505,
75-11-509,
MCA; IMP:
75-11-505,
75-11-509,
MCA