Section 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 department office in Anchorage 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 or closed 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 (1) empty and clean it by removing all liquid and accumulated sludge;(2) describe in the notice required under (a) of this section the intended method for disposal of the liquid and accumulated s ludge;(3) remove from the ground all tanks and associated piping taken out of service permanently, fill them with an inert solid material, or close them in place in a manner approved by the department; a permanently closed UST or a UST associated with a known release must be removed from the ground unless the department allows the tank to remain in place with a professional engineer's signed statement that removal of the tank would endanger existing structures; the resulting excavation must be investigated and collective action completed as required under 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, and the disposal location for all liquids, sludges, and UST components, including tanks, piping, and equipment;(4) conduct a site characterization in accordance with 18 AAC 78.090;(5) conduct either a site assessment or a release investigation in accordance with 18 AAC 78.090 and 18 AAC 78.235; and(6) not later than 30 days after closure, (A) submit a completed post-closure notice;(B) notify the department as to whether all applicable local, state, and federal closure requirements were met; and(C) comply with 18 AAC 78.090 and, if applicable, 18 AAC 78.210.(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 a change-in-service. The the owner or operator shall (1) before a change in service, (A) empty and clean the tank by removing all liquid and accumulated sludge;(B) conduct a site characterization as prescribed in 18 AAC 78.090;(C) conduct either a site assessment or a release investigation as prescribed in 18 AAC 78.090 and 18 AAC 78.235; and(D) describe in the notice required under (a) of this section the intended method for disposal of the liquid and accumulated sludge; and(2) not later than 30 days after the change-in-service, 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 2015-2001, Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks, Sixth Edition, August 2001, reaffirmed May 1, 2006;(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.(h) The owner or operator of a UST installed or in service after January 1, 1974, and taken out of service after that date, shall notify the department that the UST was taken out of service by completing and returning a notification form available from the department. If a UST is permanently closed under this section, the owner or operator shall return, not later than 30 days after the UST is permanently closed, all tags issued to that UST.(i) If the owner or operator of a UST that was closed between December 22, 1988 and September 5, 1990 reported the closure to the department as required by 40 C.F.R. 280 . 7 1, as that provision was set out in 1994, that closure notification fulfills the requirements of (h) of this section.Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 10/28/2018,Register 227, October 20181. The requirements of 18 AAC 78.085(c) 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 adopted by reference in 18 AAC 78.085 may be reviewed at the Department of Environmental Conservation's office in Anchorage or may be obtained from the publisher at the address listed in the editor's note at 18 AAC 78.025.
Authority:AS 46.03.020
AS 46.03.365
AS 46.03.395
Sec. 5, ch. 96, SLA 1990
Sec. 7, ch. 96, SLA 1990