Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part F - MINIMUM SITE ASSESSMENTS (MSAs) › Section 1-29 - MSA Requirements

Current through July 13, 2024
(a)
When an
				  MSA is Required.
MSAs are used to determine if a regulated substance
				  has been released from a storage tank system and, if so, to determine if soil
				  and/or groundwater contamination is present in excess of applicable standards.
				  The MSA results will determine the site's eligibility for the Corrective Action
				  Account. MSAs are required when any of the following conditions are met:
(i) Unless the site is already listed as a
				  contaminated site, all tank owners and/or operators that have not previously
				  performed an MSA shall perform an MSA. This MSA shall be performed at the site
				  owner's and/or operator's expense no sooner than 18 years, and no later than 20
				  years, after the tanks were installed. This requirement applies to all USTs
				  installed after September 22, 1988, and to all regulated ASTs.
(ii) Owners and/or operators who permanently
				  close or change the service of storage tanks without obtaining the required
				  department authorization and inspection shall complete an MSA at their own
				  expense within 45 days of the tank closure or change in service. To obtain the
				  required department inspection, the owner and/or operator shall notify the
				  department 30 days prior to tank closure or change in service activities. If
				  tank closure or change in service activities are not sufficient for department
				  personnel to characterize the subsurface conditions at the site, the owner
				  and/or operator shall complete an MSA at his/her expense. The department will
				  assign a priority ranking in accordance with Section 27 based on the results of
				  the inspection or owner's and/or operator's MSA.
(iii) Owners and/or operators who change a
				  regulated tank to a non-regulated use in accordance with Section 31, or change
				  a non-regulated tank to a regulated use shall complete an MSA at their own
				  expense regardless of whether or not the site is listed as a contaminated site.
				  The MSA shall be completed within 45 days of the change of use.
(iv) Any owner and/or operator of a storage
				  tank system abandoned prior to the program that now elects to participate in
				  the state program shall:
(A) Provide written
				  documentation that the site actually had a program-eligible storage tank system
				  at some time;
(B) In the case where
				  the storage tank was an AST, provide documentary evidence that the storage tank
				  was used to dispense gasoline or diesel fuels to the public;
(C) Complete an MSA in accordance with this
				  Part and prove that the site has been contaminated by a program-eligible
				  storage tank system; and
(D) Pay
				  one year's storage tank fee for all storage tanks on the site at the time of
				  the initial site registration. If all tanks were removed and it is not possible
				  to determine how many storage tanks were on the site, pay the fee for one
				  tank.
(v) Unless the
				  site is already listed as a contaminated site, an MSA shall be completed by the
				  owner and/or operator, in accordance with this Part, before permanently closing
				  a storage tank in place.
(vi) When
				  a storage tank system is temporarily closed for more than 12 months, the owner
				  and/or operator shall complete a minimum site assessment in accordance with
				  this Section unless the site is already listed as a contaminated site or a time
				  extension has been granted, in writing, by the department.