Title 18 . Environmental Conservation

Chapter 78 . Administrative Enforcement

Section 85. Permanent closure and change-in-service

18 AAC 78.085. Permanent closure and change-in-service

(a) At least 15 days, but not more than 60 days, before beginning permanent closure under (c) of this section or a change-in-service under (d) of this section, the owner or operator shall notify the department, in writing, on a form provided by the department. The department will waive the minimum 15-day notification period if the owner or operator demonstrates that meeting the notification deadline would prevent the project from being completed or would be detrimental to human health or safety or to the environment. The owner or operator shall report a change in the stated date of closure or change-in-service to the nearest department office in Anchorage, Fairbanks, Juneau, or Soldotna at least three days before the scheduled closure or change-in-service. If closure does not occur within 60 days after the date given in the notice, the owner or operator shall submit a new notice to the department, indicating the actual closure date. The requirements of this subsection do not apply if

(1) the closure or change-in-service is in response to corrective action under 18 AAC 78.200 - 18 AAC 78.240; in that case, notification is as specified in 18 AAC 78.200 - 18 AAC 78.240; or

(2) a UST is taken out of service because of an emergency; in that case, the owner or operator shall notify the

(A) department within 24 hours; and

(B) applicable local government and fire department; the owner or operator might be subject to additional requirements imposed by those agencies.

(b) A site characterization and assessment, if required, must be performed in accordance with 18 AAC 78.090 after notifying the department, local government, and fire department, but before completion of permanent closure or change-in-service.

(c) To permanently close a tank, the owner or operator shall empty and clean it by removing all liquids and accumulated sludge. A UST that is to be closed must be removed from the ground along with all associated piping, or must be filled with an inert solid material. A UST associated with a known release must be removed from the ground unless the department allows the tank to remain in place because removal of the tank would endanger existing structures. The resulting excavation must be investigated and corrective action completed as required by 18 AAC 78.230 - 18 AAC 78.280 and 18 AAC 78.600 - 18 AAC 78.625. The owner or operator shall document the name of the disposal firm, the disposal method, the disposal location for all liquids, sludges, and UST components, including tanks, piping, and equipment.

(d) Continued use of a UST to store a substance other than petroleum, or to store heating oil for consumptive use on the premises as the sole use of the UST, is considered a change-in-service. Before a change-in-service, the owner or operator shall

(1) empty and clean the tank by removing all liquid and accumulated sludge;

(2) conduct a site characterization as prescribed in 18 AAC 78.090; and

(3) conduct either a site assessment or a release investigation as prescribed in 18 AAC 78.090 and 18 AAC 78.235.

(e) With the notice required under (a) of this section, the owner or operator shall describe the intended method for disposal of the liquid and accumulated sludge removed under (c) or (d) of this section.

(f) Within 30 days after closure or change-in-service, the owner or operator shall submit a completed post-closure notice and comply with 18 AAC 78.090 and 18 AAC 78.210, if applicable.

(g) The following UST cleaning and closure procedures, the provisions of which are adopted by reference, must be used to comply with this section, unless the department, in its discretion, approves an alternate procedure determined by the department to be no less protective of human health and safety and of the environment:

(1) American Petroleum Institute Recommended Practice 1604, Closure of Underground Petroleum Storage Tanks, Third Edition, 1996;

(2) American Petroleum Institute Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry from Decommissioning Through Recommissioning, Fifth Edition, 1994;

(3) American Petroleum Institute Standard 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks, Fifth Edition, June 2001; and

(4) New England Interstate Water Pollution Control Commission, Tank Closure Without Tears: An Inspector's Safety Guide, 1988.

History: Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 1/30/2003, Register 165

Authority: AS 46.03.020

AS 46.03.365

AS 46.03.395

Editor's note: 1. The requirements of (c) of this section might be affected by a local ordinance requiring removal as the only acceptable method of permanent closure. The owner or operator should check with the local fire department to determine if in-place closure is allowed.

2. The documents referred to in this section are one file in the Office of the Lieutenant Governor and may be reviewed at the Department of Environmental Conservation's office in Anchorage, Fairbanks, Juneau, and Soldotna or may be obtained from the publisher at the address listed in the editor's note at 18 AAC 78.025.