Current through Register Vol. 54, No. 44, November 2, 2024
Section 245.561 - Permanent closure or change-in-serviceBefore permanent closure or change-in-service is completed, the owner and operator shall comply with the following:
(1) At least 30 days before beginning either a permanent closure or change-in-service, or within a lesser time as determined by the Department, the owner and operator shall notify the Department of their intent to permanently close or perform a change-in-service, unless the action is in response to a corrective action or waived by the Department.(2) The owner shall complete and submit an amended tank registration form, signed by the owner and the certified installer that provided direct onsite supervision of the tank handling activity, to the Department within 30 days of either of the following: (i) The completion of permanent closure.(ii) Change-in-service of the tank.(3) The owner and operator shall complete a site assessment to measure for the presence of any release from the aboveground storage tank system and a closure report. The assessment of the site shall be made after the notification to the Department and may be conducted in a manner consistent with the Department's technical document entitled "Closure Requirements for Aboveground Storage Tank Systems" or in a manner at least as protective of public health and safety and the environment and which meets all statutory and regulatory requirements. The results of the site assessment and the closure report shall be retained for 3 years.(4) If contaminated soil, sediment, surface water or groundwater, or free product is discovered or confirmed by either direct observation or indicated by the analytical results of sampling, the owner and operator shall proceed with the corrective action as required in Subchapter D (relating to corrective action process for owners and operators of storage tanks and storage tank facilities and other responsible parties) or, if applicable, in accordance with remedial action agreements.(5) Regulated substance and contents removed from the aboveground storage tank system shall be reused, treated or disposed of in a manner consistent with applicable State and Federal waste management requirements.(6) Aboveground storage tank systems shall be cleaned, rendered free of hazardous vapors and ventilated if left onsite or shall be emptied and removed from the site in a manner consistent with current industry practices and Bureau of Waste Management requirements such as Chapters 263a and 299 (relating to transporters of hazardous waste; and storage and transportation of residual waste).(7) Aboveground storage tanks permanently closed and left onsite shall be legibly marked with the date of permanent closure.(8) The appropriate State agency, county and local jurisdiction shall be notified if the tank is under a fire marshal, flammable and combustible liquids or other State agency, county or local jurisdiction permit.(9) Aboveground storage tanks that are closed in place shall:(i) Be rendered inoperable and incapable of storing liquid substance.(ii) Be secured against unauthorized entry.(iii) Meet the requirements specified in paragraphs (1)-(8).The provisions of this §245.561 amended November 9, 2007, effective 11/10/2007, 37 Pa.B. 5979; amended December 21, 2018, effective 12/22/2018, 48 Pa.B. 7875. This section cited in 25 Pa. Code § 245.516 (relating to recordkeeping requirements); 25 Pa. Code § 245.562 (relating to temporary removal from service (out-of-service)); and 25 Pa. Code § 245.617 (relating to temporary removal from service (out-of-service)).