Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 135 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Rule 567-135.15 - Out-of-service Ust Systems, Temporary Closure, and Permanent Closure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Out-of-service UST systems and temporary closure.
a. UST systems not meeting either the
				performance standards in subrule 135.3(1) for new UST systems or the upgrading
				requirements in subrule 135.3(2) by December 22, 1998, must be permanently
				closed according to subrule 135.15(2). The tanks cannot be brought back into
				use.
b. When a UST system in
				compliance with new tank standards is out of service for less than three
				months, owners and operators must:
(1)
				Continue operation and maintenance of corrosion protection in accordance with
				subrule 135.4(2);
(2) Continue
				operation and maintenance of any release detection in accordance with rule
				567-135.5 (455B) unless the
				system is empty. The UST system is empty when all materials have been removed
				using commonly employed practices. No more than 2.5 centimeters (1 inch) of
				residue, or 0.3 percent by weight of the total capacity of the UST system, may
				remain in the system;
(3) Comply
				with rules 567-135.6 (455B) to
				567-135.12 (455B) if a release
				is suspected or confirmed;
(4)
				Maintain financial responsibility (e.g., insurance) in accordance with
				567-Chapter 136. If at any time financial responsibility coverage is or will be
				terminated, a site check for contamination must be completed before coverage is
				terminated. A site check must use the closure-in-place sampling procedures in
				paragraphs 135.15(3)
"b"
and
"d"
or the Tier 1
				site assessment in rule 567-135.9(455B). If the tanks are located in a
				contaminated area with active monitoring and remediation, the tank owner may
				request the department waive the site check providing justification.
(5) Continue to pay the tank management fee
				as required in subrule 135.3(5).
(6) Continue to have compliance inspections
				conducted as required in rule
				567-135.20
				(455B).
c. When a UST
				system is out of service for three months or more, an owner must submit a
				notification of temporary closure form to the department. Owners and operators
				must complete the requirements in paragraph 135.15(1)
"b"
for
				temporary closure and certify the following:
(1) The UST system is empty of all regulated
				substances (e.g., receipt of product removal).
(2) Vent lines are open and
				functioning.
(3) All other piping,
				pumps, accesses, and ancillary equipment are capped and locked.
(4) The corrosion protection system is being
				maintained in accordance with subrule 135.4(2). Include documentation that
				electricity is being maintained to operate the impressed current cathodic
				protection system if present.
(5)
				For lined tanks, provide a copy of the last internal inspection.
(6) Provide proof of financial responsibility
				(e.g., insurance) according to 567-Chapter 136.
d. When a tank system is temporarily closed
				for more than 12 months, the owner must remain in compliance with the
				department's temporary closure requirements in paragraph
				135.15(1)
"c."
The department may provide an extension to the
				12-month temporary closure period. Owners and operators must complete a site
				check in accordance with paragraph 135.6(3)
"b"
before such an
				extension can be applied for.
e. If
				a tank system is temporarily closed for more than 12 months, but the tank
				system has not been temporarily closed according to the requirements of
				paragraph 135.15(1)
"c,"
or the owner or operator has failed to
				maintain out-of-service requirements in paragraph
				135.15(1)
"b,"
the UST system must be permanently closed in
				accordance with subrule 135.15(2).
f. Prior to returning a temporarily closed
				tank back into service, the owner or operator must complete and submit the
				department's return-to-service form signed by a licensed installer and provide
				the following documentation. The tank system cannot be operated or receive fuel
				until current tank tags have been issued.
(1)
				Documentation that the tanks were temporarily closed in accordance with subrule
				135.15(1).
(2) Where applicable,
				documentation that corrosion protection has been maintained continuously in
				accordance with subrule 135.4(2). The owner or operator must provide an
				inspection log of the cathodic protection system and the inspection report of
				the cathodic protection system completed by an Iowa-licensed corrosion
				tester.
(3) For lined tanks,
				provide a lining and tank integrity inspection report.
(4) Results of precision tightness tests (0.1
				gph) conducted on tanks in accordance with rule
				567-135.5 (455B).
(5) Results of precision tightness tests (0.1
				gph) conducted on lines in accordance with rule
				567-135.5 (455B). This includes
				piping used for remote fill.
(6)
				Function test (3.0 gph) results of mechanical or electronic leak detectors
				conducted in accordance with rule
				567-135.5 (455B).
NOTE: Function tests are not required on confirmed "safe
				  suction" dispensing lines.
(7) Tank and piping leak detection is
				operational and in good condition.
(8) Secondary containment is installed where
				necessary in accordance with subrule 135.3(9).
(9) Spill containment, overfill prevention
				and all containment sumps are in good condition and operating in accordance
				with subrule 135.4(1). Tightness tests conducted within the last 12 months must
				be provided for secondary containment of tanks, piping, sumps, under dispenser
				containment and spill containment.
(10) Copy of the financial responsibility
				(e.g., UST insurance) mechanism in accordance with 567-Chapter 136.
(11) Certification from an Iowa-licensed
				installer that the UST system and equipment are installed correctly, are in
				good operable condition and meet all regulatory requirements for startup and
				operation.
(12) Copies of Class A
				and Class B operator training certificates.
(13) Change of ownership form (if the UST
				facility was sold).