Ariz. Admin. Code § 18-12-270

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-12-270 - Temporary Closure

A. Owners and operators shall notify the Department in accordance with R18-12-222(G) within 30 days of the date that an UST system is temporarily closed, and within 30 days of a temporarily closed system brought back into operation.

B. Owners and operators of a temporarily closed UST system shall continue operation and maintenance of corrosion protection in accordance with R18-12-231, and release detection in accordance with R18-12-240 through R18-12-245. Discovery of a release or suspected release shall be subject to the provisions of R18-12-274. Release detection and release detection operation and maintenance testing and inspections under R18-12-230 through R18-12-245 are not required if the temporarily closed UST system is emptied of all regulated substances and accumulated residues. The UST system is empty when all contents have been removed from the system so that no more than 2.5 centimeters (1 inch) of residue or 0.3% by weight of the total capacity of the UST system remain in the system. Spill and overfill operation and maintenance testing and inspections in accordance with R18-12-220(D), R18-12-221(H), R18-12-230, R18-12-235 and R18-12-236 do not have to be met during temporary closure.

C. Owners and operators of any UST system which is temporarily closed for three months or more shall also comply with both of the following requirements before the end of the third month following the date on which the UST system began temporary closure:

1. Vent lines left open and functioning;

2. All other lines, pumps, manways, and ancillary equipment capped and secured in accordance with R18-12-281(P)(1).

D. An UST system that meets the performance standards in R18-12-220 for new UST systems or the upgrade standards in R18-12-221 may remain in temporary closure indefinitely.

E. When an UST system that does not meet either the performance standards in R18-12-220 for new UST systems or the upgrade standards in R18-12-221 is temporarily closed for more than 12 months, owners and operators shall permanently close the UST system. Owners and operators of these systems that want to remain in temporary closure longer than 12 months may request either a standard extension or a limited extension of the 12 months of temporary closure according to subsection (F).

F. A request for an extension shall be made by the owner or operator using the Notification Form as described in R18-12-222(C) prior to the expiration of the 12-month period of temporary closure.

1. Standard extension. A standard extension extends the 12 month temporary closure period and temporarily postpones the obligation to permanently close the tank. A request for a standard extension shall include the results of a site assessment conducted in accordance with R18-12-272.

2. Limited extension. A limited extension also temporarily postpones the obligation to permanently close the tank but does not require the results of a site assessment. A limited extension can be requested if:

a. The owner or operator has begun the process of permanently closing the tank either with or without the Department's assistance,

b. The owner or operator has begun the process of obtaining a baseline assessment either with or without the Department's assistance, or

c. The owner or operator has begun the process of confirming a release either with or without the Department's assistance.

G. If the request is timely submitted, the UST shall be considered to be in extended temporary closure until the Department's determination is made and the owner is informed in writing. The Department shall inform the owner, in writing by certified mail, if the extension request is granted or denied. A standard or limited extension of temporary closure which is granted by the Department shall include the duration and the terms and conditions of the extension. Terms and conditions shall be based upon the Department's assessment of what is reasonably necessary to protect human health and the environment. If the request for extension is denied, the UST system shall complete permanent closure in accordance with R18-12-271 through R18-12-274.

Ariz. Admin. Code § R18-12-270

Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.