Current through Register Vol. 41, No. 3, September 23, 2024
A. After June
24, 1998, a facility or AST, including a facility or AST operated by the
federal government, shall not be permanently closed without being registered
and either (i) having a review performed by the department of the permits and
inspections required in accordance with the provisions of the Uniform Statewide
Building Code and obtained by the owner or a duly authorized representative
from the local code official or his designee or (ii) being inspected by the
department.
1. For inspections by the
department (e.g., where a permit is not issued by the local code official or
his designee), at least 14 days notice to the department is required prior to
the commencement of closure operations. Notice shall be made by the owner or a
duly authorized representative.
2.
In the case of a regulated AST operated by the Commonwealth, the Department of
General Services shall function as the local code official in accordance with
§ 36-98.1 of the Code of Virginia.
3. If the closure is in response to
containment and cleanup actions that necessitate AST removal, the owner or a
duly authorized representative of the facility or AST shall immediately notify
the local code official and the department.
B. Closure operations shall be reported to
the department by the owner or a duly authorized representative within 30 days
after the permanent closure operation is completed.
C. Closure operations shall include the
following:
1. Removal of all liquids,
sludges, and vapors from the AST and associated piping. All wastes removed
shall be disposed of in accordance with all applicable state and federal
requirements.
2. For tanks being
closed in place, the tank shall be rendered vapor free. Provisions must be made
for adequate ventilation to ensure that the tank remains vapor free. Vent lines
shall remain open and maintained in accordance with the applicable codes. All
access openings shall be secured (normally with spacers to assist ventilation).
The AST shall be secured against tampering and flooding. The name of the
product last stored, the date of permanent closure and PERMANENTLY CLOSED shall
be stenciled in a readily visible location on the AST. Piping shall be
disconnected. All pipes being closed in place shall be vapor free and capped or
blind flanged.
3. An assessment of
the AST site shall be conducted prior to completion of permanent closure
operations.
a. In conducting the assessment,
the owner or a duly authorized representative shall sample and test for the
presence of petroleum hydrocarbons at the AST site in any area where
contamination is likely to have occurred. These locations shall be subject to
the review of the department. Sampling and testing shall be conducted in
accordance with established EPA-approved analytical methods or other methods
approved by the department.
(1) The owner or a
duly authorized representative shall submit copies of the laboratory results, a
description of the area sampled, a photograph of the site indicating sampled
areas, and a site map indicating the location of the closed AST and associated
piping as attachments to the closure form.
(2) If contaminated soils, contaminated
groundwater, free product as a liquid or vapor, or other evidence of a release
is discovered, the owner or a duly authorized representative shall immediately
notify the department and conduct the cleanup in accordance with department
requirements.
b. The
department may consider an alternative to the soil sampling requirements of
this subsection if the owner or a duly authorized representative of the AST
demonstrates to the department's satisfaction that:
(1) There is no evidence of present or past
contamination by providing records of monthly leak detection monitoring for the
previous 12 months; and
(2) The
facility or AST has operated an approved or approvable leak detection
system.
4. A
closure inspection conducted by either the department or the local building
official, as discussed in subsection A of this section.
D. When deemed necessary by the department,
the owner or a duly authorized representative of a facility or an AST that was
permanently closed prior to June 24, 1998, shall assess the site and close the
AST in accordance with the requirements of this section.
E. The owner or a duly authorized
representative shall maintain all records relating to compliance with this
section for a period of not less than five years from the date the department
receives notice of the completed closure. These records shall be made available
to the department upon request.
Statutory Authority: §§ 62.1-44.15,
62.1-44.34:15, 62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of
Virginia.
