La. Admin. Code tit. 33 § XI-903

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-903 - Temporary Closure

A. When a UST system is temporarily closed, owners and operators shall continue operation and maintenance of corrosion protection in accordance with LAC 33:XI.303 and 503, regardless of the amount of product stored in the UST system. The requirements of this Section apply to all tanks, piping, metal flexible hoses, and submersible turbine pumps.

1. Impressed current systems on temporarily closed UST systems shall be operated continuously to provide corrosion protection to the metal components of external portions of the UST system that are in contact with soil, backfill, or water, and shall be tested every three years in order to determine whether cathodic protection is adequate, in accordance with LAC 33:XI.503.A.2.

a. If an impressed current system has been inoperative for more than six months or if the impressed current system has not been repaired within nine months after failing a corrosion protection test, the UST owner shall either:

i. have the corrosion protection system repaired, retested, and recommissioned under the supervision of a corrosion expert within 90 days; or

ii. permanently close the UST system in accordance with LAC 33:XI.905 and 907.

2. Impressed current system rectifiers on temporarily closed UST systems shall be checked every 60 days to ensure that the equipment is operating properly, in accordance with LAC 33:XI.503.A.3.

3. Galvanic systems (e.g., anodes) on temporarily closed UST systems shall be tested every three years, in accordance with LAC 33:XI.503.A.2.

a. If the galvanic system is not tested within one year of the test due date, or if a galvanic system is not repaired within one year of failing a corrosion protection test, the UST system shall be permanently closed in accordance with LAC 33:XI.905 and 907.

4. The internal liners of internally lined underground storage tanks that are in temporary closure shall be inspected within 10 years after lining, and every five years thereafter, in accordance with LAC 33:XI.303.E.3.a.

a. If the internal liner is no longer performing in accordance with the original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally recognized organization or independent testing laboratory, or if the internal liner is not inspected within one year of the inspection due date, then the lined tank shall be permanently closed in accordance with LAC 33:XI.905 and 907.

5. Records of corrosion protection operation and maintenance shall be maintained in accordance with LAC 33:XI.503.B and 509.B.2.

B. When a UST system is temporarily closed, owners and operators shall maintain release detection in accordance with LAC 33:XI.701-705 and LAC 33:XI.Chapter 8. If a release is suspected or confirmed, the UST owner or operator shall comply with LAC 33:XI.707-715. Release detection and the release detection operation and maintenance testing and inspections listed in LAC 33:XI.511, 513, and 703.A.2.d are not required as long as the UST system is empty. A UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (1 inch) of product or 0.3 percent by weight of the total capacity of the UST system, whichever is less, remains in the UST system. In addition, spill and overfill operation and maintenance testing and inspections listed in LAC 33:XI.511 is not required.

C. When a UST system is temporarily closed for three months or more, owners and operators shall also comply with the following requirements:

1. leave vent lines open and functioning;

2. cap and secure all other lines, pumps, manways, and ancillary equipment; and

3. submit a completed copy of the UST-REG form to the department, indicating the date that the UST system was temporarily closed.

D. When a UST system is temporarily closed for more than six months, owners and operators shall permanently close the UST system if it does not meet either the performance standards in LAC 33:XI.303.B, C, or D for new UST systems or the upgrading requirements in LAC 33:XI.303.E.3-7, except that the spill and overfill equipment requirements do not have to be met.

E. When all of the UST systems located in the same tank hold at a facility are temporarily closed for more than 24 months, owners and operators shall complete a site assessment in accordance with the guidelines established by the department and LAC 33:XI.907. The results of the assessment and documentation of compliance with the temporary closure requirements in Subsection A of this Section shall be submitted in duplicate to the Office of Environmental Assessment within 60 days following the end of the 24-month temporary closure period.

1. The department may waive the site assessment requirement if the UST system is placed into service after receiving notification from the department to conduct the site assessment if the UST system passes tank and line tightness testing.

2. The 24 month site assessment is not required if a temporarily closed UST system contains product and release detection, in accordance with LAC 33:XI.701-705 and LAC 33:XI.Chapter 8, is conducted on the tank during the entire period that the UST system is temporarily closed. If release detection ceases, the 24-month site assessment shall be conducted within two years of cessation of release detection.

3. The department may grant a two year extension to the temporary closure site assessment requirement upon receiving a written request from the UST owner or operator. The written request shall provide justification for the extension and documentation that all corrosion protection equipment is operated and maintained in accordance with Subsection A of this Section. If the UST system is returned to service prior to the end of the two year extension period, a 24-month temporary closure site assessment is not required.

4. Upon permanent closure of a UST system, the 24-month temporary closure site assessment may be used to satisfy the UST closure sampling requirements specified in LAC 33:XI.907 at the discretion of the department, provided that the UST system remained empty of regulated substances from the time of the temporary closure site assessment until the time of permanent closure.

F. A tank tightness test conducted in accordance with LAC 33:XI.701.A.3, a line tightness test conducted in accordance with LAC 33:XI.701.B.2, and a line leak detector test conducted in accordance with LAC 33:XI.701.B.1 shall be conducted within five days after a UST system that has been temporarily closed for three months or more is brought back into service.

G. Within 30 days after a UST system is placed back into service, an updated UST-REG form shall be submitted to the department identifying the date that the UST system was placed back into service.

H. Release detection operation and maintenance testing and inspections listed in LAC 33:XI.511, 513, and 703.A.2.d are due within 30 days of placing the UST system back into service, or within the required timeframe of the last test conducted as required by LAC 33:XI.511, 513, and 701.A.2.d, whichever is later.

La. Admin. Code tit. 33, § XI-903

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 16:614 (July 1990), amended LR 17:658 (July 1991), amended by the Office of Environmental Assessment, LR 31:1074 (May 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2520 (October 2005), LR 33:2173 (October 2007), LR 34:2120 (October 2008), amended by the Office of the Secretary, Legal Division, LR 38:2762 (November 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 432144 (11/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 441618 (9/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.