020-1 Wyo. Code R. § 1-31

Current through April 27, 2019
Section 1-31 - Permanent Closure and Changes In Service

(a) Notification. At least 30 days before beginning either permanent closure or changing a storage tank system to a non-regulated use under Section 31(b) or (c), owners and/or operators shall notify the department of their intent, unless such action is in response to corrective action. The required MSA shall be completed after notifying the department but before work begins to permanently close the tank or change the tank system to a non-regulated use.

(b) Permanent Closure. To permanently close a UST or AST system, owners and/or operators shall empty and clean it by removing all liquids and accumulated sludges and perform an MSA as defined in Section 29. All USTs taken out of service permanently shall also be removed from the ground or filled with an inert solid material. All USTs and ASTs taken out of service permanently shall be managed in accordance with Solid Waste Rules and Regulations. The tank cleaning and closure procedures shall be properly conducted in accordance with one of the following industry standards or practices:

  • (i) API Recommended Practice 1604, as referenced in Section 2;
  • (ii) API Standard 2015, as referenced in Section 2;
  • (iii) API Recommended Practice 1631, as referenced in Section 2;
  • (iv) API Recommended Practice 2016, as referenced in Section 2;
  • (v) U.S. Department of Health, Education, and Welfare, Criteria for a Recommended Standard, Working in Confined Spaces, as referenced in Section 2; and/or
  • (vi) NFPA Standard 326, as referenced in Section 2.
  • (vii) Section 33 provides a process for evaluating and permitting designs or procedures that deviate from recognized industry standards or practices.

(c) Change of Service. Before converting any regulated storage tank to store a non-regulated substance, owners and/or operators shall empty and clean the tank by removing all liquid and accumulated sludge in accordance with Section 31(b) unless the non-regulated substance is the same as the regulated substance. Before converting any regulated storage tank to store a non-regulated substance, owners and/or operators shall conduct an MSA in accordance with Section 29. An MSA shall be performed at all sites, including known contaminated sites, where a tank is converted from a regulated use to a non-regulated use. ASTs and USTs converted to a use not regulated by the department shall be managed under the federal or local jurisdiction having authority for such non-regulated use.

(d) Owners and/or Operators not Eligible for the Corrective Action Account. If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered during the MSA, or by any other manner, owners and/or operators not eligible for use of the Corrective Action Account shall begin corrective action in accordance with Section 24.

(e) Records.

  • (i) Results of the MSA required under this Section shall be submitted to the department within 90 days of MSA completion.
  • (ii) Owners and/or operators shall maintain records that are capable of demonstrating compliance with closure requirements under this Part. The results of the excavation zone assessment shall be maintained for at least 3 years after completion of permanent closure or change-in-service in one of the following ways:
    • (A) By the owners and/or operators who took the tank system out of service;
    • (B) By the current owners and/or operators of the tank system site; or
    • (C) By mailing these records to the department only if they cannot be maintained at the closed facility.

020-1 Wyo. Code R. § 1-31

Adopted, Eff. 6/29/2018.