7 CCR 1101-14-3-4 - Closure of AST Systems

3-4-1 Temporary Closure

(a) Owners/operators shall notify the Director in writing at least 10 calendar days prior to placing an AST system in temporary closure, and at that same time submit records documenting the prior 12 months of monthly visual inspections, inventory control, ullage records, piping release detection records, and corrosion protection testing (if applicable) for tanks and piping. In lieu of submitting these records, the owner/operator may conduct a tightness test of the tanks and underground piping, and complete a site assessment as required by the Director, and submit these results with the temporary closure notification.

(b) Temporarily closed tanks must be emptied of liquid, rendered vapor free and safeguarded against trespassing by means of locked gates, fences etc. When an AST system is temporarily closed, owners/operators must continue the operation, maintenance, inspection, and testing of corrosion protection in accordance with these regulations. Because the tanks must be emptied, release detection is not required.

(c) When an AST system is temporarily closed, vent lines must be left open and functioning. If the temporary closure period is 3 months or more, all pumps, manways, ancillary equipment and lines other than vent lines must be capped and secured, unless an alternate schedule is approved by the Director.

(d) When an AST system is temporarily closed for more than 12 months, owners/operators must permanently close the AST system in accordance with 3-4-2, unless the Director provides a written extension of the 12-month temporary closure period. Before requesting this extension, owners/operators must complete a site assessment as required by the Director.

(e) Owner/operators shall notify the Director in writing no more than 30 calendar days prior to placing an AST back in service, and at that same time submit corrosion protection records (if applicable) for the period of temporary closure, and documentation of passing tightness tests for the AST conducted within the past 30 calendar days. The owner/operator shall obtain passing tightness tests for underground lines immediately upon introduction of fuel into the lines and submit documentation of testing to the Director within 10 calendar days.

(f) If an owner/operator operates a facility which has a specific period of time or season during the year when the tank system is empty, as described in (b) of this section, the requirements for maintaining corrosion protection and the following requirements below will apply:

(1) The owner/operator shall notify the Director that the facility does include seasonal operation on a form provided by the Director. If this information changes, the owner/operator shall complete and submit the form to the Director.

(2) The period may not exceed 6 consecutive months.

(3) The owner/operator shall maintain manifest documentation completed during emptying of the tank.

(4) At the end of the seasonal period, the owner/operator must conduct one of the following actions:

(i) Return the tank to service.

(ii) Place the tank into proper temporary closure. The owner/operator must notify the Director in writing within 10 calendar days, submit records according to (a) as applicable and complete requirements in (c) immediately.

(iii) Permanently close the tank as required by 3-4-2.

3-4-2 Permanent Closure

(a) Owners/operators shall notify the Director in writing at least 10 calendar days prior to placing an AST system in permanent closure, and at that same time submit records documenting the prior 12 months of monthly visual inspections, inventory control, ullage records, piping release detection records, and corrosion protection testing (if applicable) for tanks and piping.

Exception: Records do not need to be submitted where they have already been submitted as part of placing the tank into temporary closure as required by 3-4-1.

(b) Empty and clean the tank by removing all liquids and accumulated sludges as described in 3-4-5; and

(c) Clean out and plug both ends of all connected piping; and

(d) Remove all dispensers; and

(e) Render all connected loading facilities completely inoperative; and

(f) Safeguard the AST system from trespassing as described in 3-4-1, or remove the tanks from the facility; and

3-4-3 Change in Service

(a) Continued use of an AST system to store a substance other than a regulated substance is considered a change-in-service. Before a change-in-service, owners/operators must empty and clean the tank, connected piping, and any other equipment that previously contained a regulated substance as described in 3-4-5; then notify the Director in writing of the change of service.

3-4-4 Site Assessment

(a) Before an extension to temporary closure, permanent closure or a change-in-service is completed, or upon request by the Director for previously closed sites, owners/operators must measure for the presence of a release where contamination is most likely to be present at the site. In selecting sample types, sample locations, and measurement methods, owners/operators must consider the method of closure, the nature of the stored substance, the depth to groundwater, and other factors appropriate for identifying the presence of a release.

(1) For assessments when the tank system is removed during permanent closure, the owner/operator must collect soil samples from beneath each tank, beneath each dispenser island, beneath areas of piping, and beneath any loading racks.

(2) For assessments when the tank system is left in-place during permanent closure, prior to placing the tank into temporary closure, or when there is a change-in-service, the owner/operator shall collect samples of the type and at locations as specified by the Director. Samples collected at all sites must be analyzed for individual chemicals of concern (COC) as described in 5-2.

(b) If contaminated soils, contaminated groundwater, LNAPL, or vapor is discovered, owners/operators must report a release in accordance with Article 4.

(c) If the tank closure assessment does not identify a release, the owner/operator must submit documentation of the assessment to the Director within 30 calendar days of the tank closure.

[Note 1: Permanently closed or non-regulated ASTs may be returned to active regulated substance service only after meeting the reinstallation rules described in 3-2-3(d).]

[Note 2: These closure rules are the minimum required in Colorado; they do not preempt local fire district rules, local building codes, or local zoning rules. In fire districts where the Uniform Fire Code is in effect, the fire district may require that temporarily closed ASTs be removed or demolished.]

[Note 3: The following procedures may be used to comply with 3-4:

(A) American Petroleum Institute Standard 2015, Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks;

(B) National Institute for Occupational Safety and Health "Criteria for a Recommended Standard...Working in Confined Space" may be used as guidance for conducting safe closures.]

3-4-5 Waste Handling

(a) All liquids and accumulated sludges must be removed and disposed of according to the rules adopted pursuant to the Solid Waste Disposal Regulations and the Colorado Hazardous Waste Regulations adopted by the Colorado Department of Public Health and Environment.

Notes

7 CCR 1101-14-3-4

37 CR 18, September 25, 2014, effective 10/15/2014 39 CR 18, September 25, 2016, effective 1/1/2017 40 CR 05, March 10, 2017, effective 5/1/2017 40 CR 07, April 10, 2017, effective 5/1/2017 41 CR 07, April 10, 2018, effective 5/1/2018 42 CR 04, February 25, 2019, effective 3/17/2019