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Montana Administrative Register Notice 17-306 No. 12   06/24/2010    
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BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.56.101, 17.56.102, 17.56.105, 17.56.201, 17.56.202, 17.56.302 through 17.56.305, 17.56.309, 17.56.310, 17.56.401 through 17.56.403, 17.56.408, 17.56.409, 17.56.701 through 17.56.705, 17.56.901, and 17.56.902 pertaining to underground storage tanks

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NOTICE OF PROPOSED AMENDMENT

 

(UNDERGROUND STORAGE TANKS)

 

(NO PUBLIC HEARING CONTEMPLATED)

 

            TO:  All Concerned Persons

 

            1.  On July 26, 2010, the Department of Environmental Quality proposes to amend the above-stated rules.

 

            2.  The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process and need an alternative accessible format of this notice.  If you require an accommodation, please contact Elois Johnson, Paralegal, no later than 5:00 p.m., July 12, 2010, to advise us of the nature of the accommodation that you need.  Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.

 

            3.  The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

            17.56.101  DEFINITIONS  For the purposes of this chapter and unless otherwise provided, the following terms have the meanings given to them in this rule and shall must be used in conjunction with those definitions in 75-11-203, 75-11-302, and 75-11-503, MCA.

            (1) through (77) remain the same.

 

            AUTH:  75-11-204, 75-11-319, 75-11-505, MCA

            IMP:  75-11-203, 75-11-302, 75-11-319, 75-11-505, MCA

 

            REASON:  Except for the proposed addition of new ARM 17.56.309(2) and the amendments to 17.56.901(9) and (10), all the other proposed amendments to ARM 17.56.101, 17.56.102, 17.56.105, 17.56.201, 17.56.202, 17.56.302 through 17.56.305, 17.56.309, 17.56.310, 17.56.401 through 17.56.403, 17.56.408, 17.56.409, 17.56.701 through 17.56.705, 17.56.901, and 17.56.902 are clerical amendments that do not change the meaning of the rules.  Most of the clerical amendments involve punctuation, section numbering, or grammar.

 

            17.56.102  APPLICABILITY  (1) remains the same.

            (2)  This chapter does not apply to the following UST systems:

            (a)  Aany UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances.; and

            (b)  Aany wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 402 or 307(b) of the Clean Water Act.

            (3) through (6)(c) remain the same.

 

            AUTH:  75-11-319, 75-11-505, MCA

            IMP:  75-11-319, 75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.105  VARIANCES  (1) through (3) remain the same.

            (4)  The department, on its own initiative, may issue a variance from any requirement or procedure of this chapter when noncompliance is discovered as a result of a compliance inspection, immediate compliance is impracticable, and the cost of immediate compliance is disproportionate to the benefit provided.  The following criteria apply to a variance issued under this rule:

            (a)  A a variance under (4) may be issued only when the department makes a written determination that delaying compliance does not create a significant increased threat to the public health, welfare, safety, and the environment.;

            (b)  A a variance issued under (4) may postpone compliance only until the earliest practicable time for replacement or upgrading the facility UST systems as identified in department findings.; and

            (c)  Tthe department may define a time period for each variance granted issued under (4) this section.  In no case may a variance be issued under (4) this section for a term longer than 15 years.

            (5) through (6) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.201  PERFORMANCE STANDARDS FOR NEW UST SYSTEMS

            (1)  In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems shall meet the following requirements:

            (a)  Eeach tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with any one of the codes of practice developed by a nationally recognized association or independent testing laboratory identified in (1)(a)(i) through (iii):

            (i) remains the same.

            (ii)  the tank is constructed of steel and cathodically protected in the following manner and in accordance with any one of the standards in (2)(d) through (j):

            (A) and (B) remain the same.

            (C)  impressed current systems are designed to allow determination of current operating status as required in ARM 17.56.302(3); and

            (D) remains the same.

            (iii)  the tank is constructed of a steel-fiberglass-reinforced-plastic composite in accordance with all of the standards in (2)(e) and (k).;

            (b)  Tthe piping that may contain regulated substances, including vent lines and fill lines, and is in contact with the ground, must be properly designed, constructed, and protected from corrosion in accordance with any one of the codes of practice developed by a nationally recognized association or independent testing laboratory identified in (1)(b)(i) and (ii):

            (i) remains the same.

            (ii)  the piping is constructed of steel and cathodically protected in the following manner and in accordance with all of the standards in (2)(p) through (s):

            (A) and (B) remain the same.

            (C)  impressed current systems are designed to allow determination of current operating status as required in ARM 17.56.302(3); and

            (D)  cathodic protection systems are operated and maintained in accordance with ARM 17.56.302.;

            (c)  Tto prevent spilling and overfilling associated with product transfer to the UST system, owners and operators must shall use the following spill and overfill prevention equipment:

            (i) remains the same.

            (ii)  overfill prevention equipment that will:

            (A) remains the same.

            (B)  alert the transfer operator when the tank is no more than 90% full by restricting the flow into the tank or triggering a high-level alarm.;

            (d)  Aall tanks and piping must be properly installed in accordance with this chapter, the manufacturer's instructions or specifications, all permit conditions, and all applicable standards identified in (2)(q) and (t) through (v).;

            (e)  Uupon completion of all work and testing performed pursuant to a permit issued under subchapter 13 for the installation or modification of an underground storage tank system, the licensed installer or department inspector must shall certify, on a form approved by the department, compliance with the following requirements:

            (i) through (iv) remain the same.

            (2)  The department adopts and incorporates by reference the version in effect on July 1, 2006, of the following standards, specifications, and publications:

            (a) through (i) remain the same.

            (j)  Underwriters Laboratories Standard 58, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids," which sets forth requirements for horizontal atmospheric-type steel tanks intended for the underground storage of flammable and combustible liquids, and single wall tanks, secondary containment tanks, multiple compartment single wall, and multiple compartment secondary containment tanks, a copy of which may be obtained from Underwriters Laboratory, Inc., 12 Laboratory Drive, Research Triangle Park, NC 27709.;

            (k)  Tthe Association for Composite Tanks ACT-100, "Specification for the Fabrication of FRP Clad Underground Storage Tanks," which sets forth a minimum consensus standard for the fabrication of FRP clad/composite tanks, a copy of which may be obtained from Tthe Association for Composite Tanks, 108 N. State Street, Suite 720, Chicago, IL 60602;

            (l) through (v) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.202  UPGRADING OF EXISTING UST SYSTEMS  (1) through (1)(c) remain the same.

            (2)  Steel tanks must be upgraded to meet any one of the following requirements in accordance with all of the standards in (5):

            (a)  a tank may be upgraded by internal lining if:

            (i)  the lining is installed in accordance with the requirements of ARM 17.56.304,; and

            (ii)  within ten years after lining, and every five years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications.;

            (b)  a tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of ARM 17.56.201(1)(a)(ii)(B), (C), and (D) and the integrity of the tank is ensured using one of the following methods:

            (i) and (ii) remain the same.

            (iii)  the tank has been installed for less than ten years and is assessed for corrosion holes by conducting two tightness tests that meet the requirements of ARM 17.56.407(1)(c).  The first tightness test must be conducted prior to installing the cathodic protection system.  The second tightness test must be conducted between three and six months following the first operation of the cathodic protection system.; and

            (c)  A a tank may be upgraded by both internal lining and cathodic protection if:

            (i) through (5)(d) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.302  OPERATION AND MAINTENANCE OF CORROSION PROTECTION  (1)  All owners and operators of steel UST systems with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the UST system is used to store regulated substances:

            (a)  Aall corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that are in contact with the ground.;

            (b)  Aall UST systems equipped with cathodic protection systems must be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:

            (i) remains the same.

            (ii)  the criteria that are used to determine that cathodic protection is adequate as required by this rule must be in accordance with National Association of Corrosion Engineers Standard RP0285, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.;"

            (c)  UST systems with impressed current cathodic protection systems must also be inspected every 60 days to ensure the equipment is running properly.; and

            (d)  Ffor UST systems using cathodic protection, records of the operation of the cathodic protection must be maintained in accordance with ARM 17.56.305 to demonstrate compliance with the performance standards in this rule.  These records must provide the following:

            (i) through (2) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.303  COMPATIBILITY  (1)  Owners and operators must shall use an UST system made of or lined with materials that are compatible with the substance stored in the UST system.  Owners and operators storing alcohol blends shall use the following codes to comply with the requirements of this rule:

            (a) through (2)(b) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.304  REPAIRS  (1) and (2) remain the same.

            (3)  Repairs must meet the following requirements:

            (a)  Rrepairs to UST systems must be conducted in accordance with all applicable state, federal, and local laws and regulations and the applicable code of practice in (4).  If there is a conflict in the referenced codes, the more stringent and protective code shall apply applies.;

            (b)  Ttanks must be repaired according to the manufacturer's recommendation and under the supervision on site of a manufacturer's authorized representative or the tank manufacturer must shall certify that the repaired tank meets the manufacturer's design standards.;

            (c)  Tthe tank manufacturer must shall re-warranty the repaired tank for ten years or the remainder of the original warranty period, whichever is longer.;

            (d)  Tthe department may require excavation of the tank to be repaired so that the outer wall of the tank may be inspected and tested for defects.;

            (e)  Mmetal pipe sections and fittings that are damaged or have released product as a result of corrosion or other damage must be replaced.  Fiberglass pipes and fittings must be repaired in accordance with the manufacturer's specifications or be replaced.;

            (f)  Uupon completion of the repair and before the UST system is placed in service, the following tests must be performed:

            (i) remains the same.

            (ii)  corrosion protection systems circuitry must be tested to ensure it is still functioning.;

            (g)  Wwithin six months following the repair of any cathodically protected UST system, the cathodic protection system must be tested in accordance with ARM 17.56.302(1)(b) and (c) to ensure that it is operating properly.; and

            (h) through (4)(e) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.305  REPORTING AND RECORDKEEPING  (1)  Owners and operators of UST systems must shall cooperate fully with inspections, monitoring, and testing conducted by the department or the implementing agency, or both as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to section 9005 of Subtitle I of RCRA, as amended or pursuant to other state laws or rules or both., including the following:

            (a)  Oowners and operators must shall submit the following information to the department:

            (i) through (iii) remain the same.

            (iv)  a notification before permanent closure or change-in-service.;

            (b)  Oowners and operators must shall maintain the following information:

            (i) through (iii) remain the same.

            (iv)  results of the site investigation conducted at permanent closure.; and

            (c)  Oowners and operators must shall keep the records required either:

            (i) through (iii) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.309  REQUIREMENTS FOR COMPLIANCE INSPECTIONS  (1)  The owner or operator of an underground storage tank system shall have all active underground storage tank systems at an individual facility inspected by a licensed compliance inspector, certified under this chapter licensed pursuant to ARM 17.56.1402(3), at least every three years for compliance with the operation and maintenance requirements of Title 75, chapter 11, part 5, MCA, and the rules adopted thereunder this chapter.  The Iinspections must:

            (a)  be completed at least 90 days before the expiration date of the operating permit issued pursuant to ARM 17.56.308.; and

            (a) (b)  The inspection must include examination, assessment, and documentation of compliance with all tank operation and maintenance requirements under 75-11-509, MCA, and rules adopted thereunder.  The aforementioned "operation and maintenance requirements" are those requirements in ARM Title 17, chapter 56, subchapters 2, 3, and 4 that address the following categories:

            (i) through (iv) remain the same.

            (2)  The owner or operator of an underground storage tank system must have all inactive underground storage tank systems inspected by a compliance inspector or an oversight inspector, licensed pursuant to ARM 17.56.1402(3) and (4), at least every three years for compliance with the requirements of ARM 17.56.701.

            (b) (3)  Underground storage tank systems that,:

            (a)  under ARM 17.56.102(3), are exempt from ARM Title 17, chapter 56, subchapters 2, 3, and 4, are also exempt from compliance inspection requirements.  Owners or operators of these underground storage tank systems may obtain an operating permit and tag by making a written request to the department and providing evidence, satisfactory to the department, that the subject UST systems qualify for this exemption; and

            (b)  are referenced in ARM 17.56.102(2), (4), and (5), are not required to have compliance inspections.

            (2) through (5) remain the same, but are renumbered (4) through (7).

            (6) (8)  All underground storage tank systems at an individual facility, except as provided in (2)(4) , must be inspected at one time.

            (7) remains the same, but is renumbered (9).

            (8) (10)  The owner or operator shall submit to the department a follow-up inspection report either within 30 days after completion of the corrective actions required under (7)(9), or at least 14 days before the expiration of the facility's operating permit, whichever occurs first.

 

            AUTH:  75-11-505, 75-11-509, MCA

            IMP:  75-11-509, MCA

 

            REASON:  The department is proposing to add an "inactive" underground storage tank system inspection requirement in new section (2) to conform the rule to the inspection requirements in 75-11-509(2), MCA.   Section 75-11-509(2), MCA, requires that: "The owner or operator of an inactive underground storage tank shall comply with requirements for testing, inspection, recordkeeping, and reporting provided in rules adopted pursuant to this part."  

            The proposed revisions in (1), (1)(a), (3), (3)(a), (8), and (10) are clerical revisions that do not change the meaning of the rule.

            The proposed addition of (3)(b) is necessary to clarify that the underground storage tank systems referenced in ARM 17.56.102(2), (4), and (5), are not required to have compliance inspections.  The existing language in (1)(b), renumbered (3)(a), implies that the underground storage tank systems referenced in ARM 17.56.102(2), (4), and (5) must have compliance inspections.  The intent of the rule is that the underground storage tank systems referenced in ARM 17.56.102(2), (4), and (5) are not required to have compliance inspections.

 

            17.56.310  CONDITIONAL, ONE-TIME FILL AND EMERGENCY OPERATING PERMITS  (1) through (5)(b) remain the same.

            (6)  The department may issue an emergency operating permit to allow operation of an UST without a valid operating permit and tag when operation of the UST is necessary to protect the safety and welfare of persons, property, or national security from imminent harm or threat of harm., as follows:

            (a)  Bbefore issuing an emergency operating permit, the department shall determine that:

            (i)  under all the circumstances, any potential impacts to human health and the environment arising from operation of the UST are outweighed by the interest in preserving health, safety, or welfare of persons, property, or national security; and

            (b)  Eemergency permits expire when the emergency is abated or 90 days after issuance of the permit, whichever time period is shorter.;

            (c)  Nnotwithstanding issuance of an emergency permit, the department may pursue any enforcement measures available under Title 75, chapter 11, part 5, MCA, to address UST violations.; and

            (d)  Iin order to reduce the risk of a release, any emergency operating permit issued by the department under this rule may be subject to conditions or procedures that the department determines are necessary to minimize risks to human health or to the environment.

 

            AUTH:  75-11-505, 75-11-509, MCA

            IMP:  75-11-509, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.401  GENERAL REQUIREMENTS FOR ALL UST SYSTEMS

            (1)  Owners and operators of new and existing UST systems must shall provide a method, or combination of methods, of release detection that:

            (a) through (c) remain the same.

            (2)  When a release detection method operated in accordance with the performance standards in ARM 17.56.407 and 17.56.408 indicates a release may have occurred, owners and operators must shall notify the department and the implementing agency in accordance with subchapter 5.

            (3)  Owners and operators of all UST systems must shall comply with the release detection requirements of this subchapter by December 22 of the year listed in the following table below:

 

                         SCHEDULE FOR PHASE-IN OF RELEASE DETECTION

 

Year                                                    Year when release detection is required

system was                                        (by December 22 of the year indicated)

installed                                              1989            1990         1991      1992      1993

Before 1965                                         RD               P

or date unknown

1965-69                                                                     P/RD

1970-74                                                                     P               RD

1975-79                                                                     P                              RD

1980-88                                                                     P                                             RD

New tanks (after Dec. 22, 1988) immediately upon installation.

            P = Must begin release detection for all pressurized piping in accordance with ARM 17.56.402(1)(b)(i) and 17.56.403(2)(d)(1)(b)(iv).

            RD = Must begin release detection for tanks and suction piping in accordance with ARM 17.56.402(1)(a) and (b)(ii), and 17.56.403.

            (4) and (5) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  In ARM 17.56.401(3), the reference to ARM 17.56.403(2)(d) is proposed to be replaced by ARM 17.56.403(1)(b)(iv).  In a rulemaking effective October 26, 2007, ARM 17.56.403(2)(d) was renumbered (1)(b)(iv).  Except for the correction of outdated citations, the content of (2)(d) was not changed.  Therefore, the proposed change from (2)(d) to (1)(d)(iv) would not change the meaning of the rule.

            The proposed revisions to (1) and (2), and the first revision in (3) are for the reason given for ARM 17.56.101.

 

            17.56.402  REQUIREMENTS FOR PETROLEUM UST SYSTEMS

            (1)  Except as provided in (2), owners and operators of petroleum UST systems must shall provide release detection for tanks and piping as follows:

            (a)  tanks must be monitored at least every 30 days for releases using one of the methods listed in ARM 17.56.407(1)(d) through (h) except that:

            (i) through (iii) remain the same.

            (iv)  farm or residential tanks of 1100 gallons or less capacity used for storing motor fuel for noncommercial purposes, a tank of 1100 gallons or less capacity used for storing heating oil for consumptive use on the premises where stored, and emergency power generator tanks with capacities of 1100 gallons or less capacity may use yearly tank gauging (conducted in accordance with ARM 17.56.407(1)(b)).; and

            (b)  underground piping that routinely contains regulated substances must be monitored for releases in a manner that meets one of the following requirements:

            (i)  underground piping that conveys regulated substances under pressure must:

            (A) remains the same.

            (B)  have an annual line tightness test conducted in accordance with ARM 17.56.408(1)(b) or have monthly monitoring conducted in accordance with ARM 17.56.408(1)(c).; and

            (ii)  underground piping that conveys regulated substances under suction must either have a line tightness test conducted at least every three years and in accordance with ARM 17.56.408(1)(b), or use a monthly monitoring method conducted in accordance with ARM 17.56.408(1)(c).  No release detection is required for suction piping that is designed and constructed to meet the following standards:

            (A) through (D) remain the same.

            (E)  a method is provided that allows compliance with (1)(b)(ii)(B) through (D) to be readily determined.;

            (iii)  underground piping connected to heating oil tanks with a capacity of 660 gallons or less is exempt from the requirements of (1)(b)(i) and (ii) provided that:

            (A) through (C) remain the same.

            (D)  the test results are maintained for at least one year.; and

            (iv) through (5) remain the same.

 

            AUTH:  75-11-302, 75-11-505, MCA

            IMP:  75-11-302, 75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.403  REQUIREMENTS FOR HAZARDOUS SUBSTANCE UST SYSTEMS  (1)  Owners and operators of hazardous substance UST systems must shall provide release detection that meets the following requirements:

            (a)  Rrelease detection at existing UST systems must meet the requirements for petroleum UST systems in ARM 17.56.402.  By December 22, 1998, aAll existing hazardous substance UST systems must meet the release detection requirements for new systems in (1)(b).; and

            (b)  Rrelease detection at new hazardous substance UST systems must meet the following requirements as provided in 40 CFR 264.193, adopted by reference in this rule:

            (i)  secondary containment systems must be designed, constructed, and installed to:

            (A) and (B) remain the same.

            (C)  be checked for evidence of a release at least every 30 days.;

            (ii)  double-walled tanks must be designed, constructed, and installed to:

            (A) remains the same.

            (B)  detect the failure of the inner wall.;

            (iii)  external liners (including vaults) must be designed, constructed, and installed to:

            (A) and (B) remain the same.

            (C)  surround the tank completely (i.e., it is capable of preventing lateral as well as vertical migration of regulated substances).; and

            (iv) remains the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason for ARM 17.56.101.

 

            17.56.408  METHODS OF RELEASE DETECTION FOR PIPING  (1)  Each method of release detection for piping used to meet the requirements of ARM 17.56.402 must be conducted in accordance with the following:

            (a)  Mmethods which alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of three gallons per hour at ten pounds per square inch line pressure within one hour;

            (b)  Aan annual test of the operation of the leak detector must be conducted in accordance with the manufacturer's requirements.  If an automatic line leak detector fails the annual test at 3.0 gallons per hour, it must be replaced or retested at 5.0 gallons per hour.  An automatic line leak detector must be replaced if it fails the 5.0 gallons-per-hour test;

            (c)  A a periodic test of piping may be conducted only if it can detect a 0.1 gallon-per-hour leak rate at 1 1/2 times the operating pressure; and

            (d)  Aany of the methods in ARM 17.56.407(1)(e) through (2) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances.

            (2) through (5) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.409  RELEASE DETECTION RECORDKEEPING  (1)  All UST system owners and operators must shall maintain records in accordance with ARM 17.56.305 demonstrating compliance with all applicable requirements of this subchapter.  These records must include the following:

            (a) through (c) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.701  INACTIVE AND OUT-OF-SERVICE UST SYSTEMS  (1)  An UST system is inactive when the owners and or operators notify notifies the department, in writing, that the UST is no longer in use for dispensing, depositing, or storing regulated substances.  The owner or operator shall continue operation and maintenance of corrosion protection on an out-of-service UST in accordance with ARM 17.56.302, and shall continue operation and maintenance of any release detection in accordance with subchapter 4.  Subchapters 5 and 6 must be complied with if a release is suspected or confirmed.  However, release detection is not required as long as the UST system is empty.  The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue, or 0.3% by weight of the total capacity of the UST system, remains in the system.

            (2) through (4)(e)(ii) remain the same.

 

            AUTH:  75-11-505, 75-11-509, MCA

            IMP:  75-11-505, 75-11-509, MCA

 

            REASON:  See the reason given for ARM 17.56.101

 

            17.56.702  PERMANENT CLOSURE AND CHANGES IN SERVICE  (1)  At least 30 days before beginning either permanent closure or a change in service under (2) and (3), the owners and or operators shall notify the department and the implementing agency, in writing, of their intent to permanently close or make the change in service, unless such action is in response to corrective action already noticed to the department under subchapter 6.  The required assessment of the excavation zone under ARM 17.56.703 must be performed after notifying the department and the implementing agency but before completion of the permanent closure or a change in service.

            (2)  To permanently close a tank or connected piping or both, the owners and or operators shall empty and clean it by removing all liquids and accumulated sludges. All tanks, or connected piping, or both, taken out of service permanently must also be either removed from the ground or, when approved by the department, filled with an inert solid material.

            (3)  Continued use of an UST system to store a nonregulated substance is considered a change in service.  Before a change in service, the owners and or operators shall empty and clean the UST system by removing all liquid, accumulated sludge, and all combustible and flammable vapors and conduct a site assessment in accordance with ARM 17.56.703.

            (4) through (5)(d) remain the same.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.703  ASSESSING THE SITE AT CLOSURE OR CHANGE IN SERVICE  (1)  Before permanent closure or a change in service is completed, the owners and or operators must shall measure for the presence of a release where contamination is most likely to be present at the UST site.  When measuring for the presence of a release, the owners and or operators must:

            (a)  shall Ccollect soil samples, as soon as possible after the tank, or piping, or both have has been removed, at the base of the tank excavation and piping trench at suspected worst-case locations, which locations may include:

            (i) through (iv) remain the same.

            (v)  beneath the fill lines.  For tank removal, at least two soil samples, one from either end of the tank or at suspected worst-case locations, shall be taken at least one to two feet below the base of the maximum excavation depth for each tank over 600 gallons being closed.  One soil sample shall be collected beneath tanks with a capacity of 600 gallons or less.  For each tank with a capacity of over 600 gallons that is being removed for closure, at least two soil samples, one at each end of the tank, or at suspected worst-case locations, must be taken.  For a tank with a capacity of 600 gallons or less, one soil sample must be collected beneath the tank.  Each sample must be taken at least one-to-two feet below the base of the maximum excavation depth.  If contaminated soil is removed from the excavation site, at least one composite sample of the contaminated soil shall must be collected for analysis.  For piping removal, soil samples shall must be collected every 20 feet at the base of the piping trench, and at suspected worst-case locations.  Up to five piping trench samples may be composited.;

            (b)  Iif ground water is encountered in the tank excavation, shall measure the presence of free product should be measured and collect a sample of the water collected for analysis.;

            (c)  Iin selecting sample types, sample locations, and measurement methods, owners and operators must shall consider the method of closure, the nature of the stored substance, type of backfill, depth to ground water, and other factors appropriate for identifying the presence of a release.  The department and the implementing agency should be consulted to assist in determining sample types, sample locations, and measurement methods.  The Montana Quality Assurance Plan for Investigation of Underground Storage Tank Releases should be used as a guide for the collection, preservation, and analysis of field samples.; and

            (d)  may use Ffield hydrocarbon vapor analyzers can be used as screening tools to determine the presence of a release and to assist in determining the extent of contaminated soil to be removed.  These analyzers, however, should not be used to confirm the absence of soil or water contamination.  Only laboratory analysis of samples will be accepted by the department to confirm the absence of soil or water contamination.

            (2)  If sampling indicates contaminated soils, contaminated ground water, or if free product as a liquid or vapor is discovered under (1), or by any other manner, the owners and or operators must shall begin corrective action in accordance with subchapter 6.  A release must be reported to the department and to the implementing agency by the owner or operator within 24 hours.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

17.56.704  APPLICABILITY TO PREVIOUSLY CLOSED UST SYSTEMS

            (1)  When directed by the department, the owner and or operator of a permanently closed UST system must shall access the excavation zone and close the UST system in accordance with this subchapter if releases from the UST may, in the judgment of the department, pose a current or potential threat to human health and the environment.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

17.56.705  CLOSURE RECORDS  (1)  The Oowners and or operators must shall maintain records in accordance with ARM 17.56.305 that are capable of demonstrating compliance with closure requirements under this subchapter.  Results of the excavation zone assessment required in ARM 17.56.703 must be maintained for at least three years after completion of permanent closure or change in service in one of the following ways:

(a) through (c) remain the same.

            (2)  The Oowners and or operators must shall submit a completed tank closure report to the department within 30 days of closure on a form designated by the department.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            17.56.901  INTERIM NOTIFICATION REQUIREMENTS  (1)  On or before May 8, 1986, each owner of an underground storage tank currently in use must shall submit, in the form prescribed in (9) of this rule, a notice of the existence of such tank to the department.

            (2)  On or before May 8, 1986, each owner of an underground storage tank taken out of operation after January 1, 1974 (unless the owner knows that such tank has been removed from the ground) must shall submit, in the form prescribed in (9) of this rule, a notice of the existence of such tank to the department.

            (3)  Any owner who brings an underground storage tank into use after May 8, 1986, must shall, within 30 days of bringing such tank into use, submit, in the form prescribed in (9) of this rule, a notice of the existence of such tank to the department.

            (4)  Owners required to submit notices to the department under (1) through (3) of this rule must shall provide the required notice for each underground storage tank they own.  Owners may provide notice of several tanks using one notification form, but owners who own tanks located at more than one place of operation must shall file a separate notification form for each separate place of operation.

            (5)  Notices required to be submitted under (1) through (3) of this rule must provide all of the information indicated on the prescribed form described in (9) of this rule for each tank for which notice must be given.

            (6)  Any person who deposits regulated substances from December 9, 1985 through May 9, 1987, in an underground storage tank must shall make reasonable efforts to notify the owner or operator of such tank of the owner's obligations under (1) through (3) of this rule.

            (7)  Beginning 30 days after the department issues new tank performance standards pursuant to 75-10-405, MCA, any person who sells a tank intended to be used as an underground storage tank must shall notify the purchaser of such tank of the owner's notification obligations under (1) through (3) of this rule.

            (8)  Sections (1) through (3) of this rule do not apply to tanks for which notice was given pursuant to section 103(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

            (9)  The form which must be used for notice submitted to the department under this rule is department form, "Notification for Underground Storage Tanks", EPA form 7530-1 (11/85) DHES Revised 2/86 DEQ form 1 (May, 2010)," or "Notification for Underground Storage Tanks, DEQ form 2 (May, 2010)."

            (10)  The department hereby adopts and incorporates by reference the forms entitled "Notification for Underground Storage Tanks, DEQ form 1 (May, 2010)" and "Notification for Underground Storage Tanks, DEQ form 2 (May, 2010)," EPA form 7530-1 (11/85) DHES Revised 2/86, which form asks for information including, but not limited to, ownership, location, age, material of construction, capacity, use, and internal and external construction.  Copies of this these forms may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  The department is proposing to revise the reference to the EPA form cited in (9) and (10) to a reference to the department's versions of the form.  The existing rule references the EPA "Notification for Underground Storage Tanks, EPA form 7530-1 (11/85)" form.  The UST Program doesn't use this EPA form.  Instead, the program uses two modified versions of the EPA form designed for use in Montana.  Therefore, the department is proposing to revise the citation to a reference for the department's versions of the form.

            All the other proposed revisions are clerical revisions that do not change the meaning of the rule.

 

            17.56.902  NOTIFICATION REQUIREMENTS  (1)  An owner who brings an underground storage tank system into use after May 8, 1986, must shall within 30 days of bringing such tank into use, submit a notice of existence of such tank system to the department in the form prescribed by the department.

            Note:  Owners and operators of UST systems that were in the ground on or after May 8, 1986, unless taken out of operation on or before January 1, 1974, were required to notify the state in accordance with the Hazardous and Solid Waste Amendments of 1984, Pub.L. 98-616, on a form published by EPA on November 8, 1985 (50 FR 46602) unless notice was given pursuant to section 103(c) of CERCLA. Owners and operators who have not complied with the notification requirements may use portions I through VI of the notification form prescribed by the department.

            (2)  Owners required to submit a notice under (1) must shall provide a notice to the department for each tank they own.  Owners may provide notice for several tanks using one notification form, but owners who own tanks located at more than one place of operation must shall file a separate notification form for each separate place of operation.

            (3) remains the same.

            (4)  Owners and operators of new or modified UST systems must certify shall provide in the notification form:

            (a)  a certification that they have the owner or operator has complied with the financial responsibility requirements under subchapter 8; and

            (b)  must provide the following information:

            (i) through (viii) remain the same.

            (5)  Owners and operators of new or modified UST systems must shall ensure that, upon completion of all work and testing performed pursuant to the installation permit, the licensed installer or department inspector completes a certification of compliance in accordance with the requirements in ARM 17.56.201(1)(e).

            (6)  Beginning October 24, 1988, any person who sells a tank intended to be used as an underground storage tank must shall notify the purchaser of the tank of the owner's notification obligations under (1).  The form prescribed by the department shall be used to comply with this requirement.

            (7)  Owners and operators of existing or new UST systems must shall notify the department when any of the information submitted on the form has changed, such as upgrading or repairing new or existing tanks or pipes, or change of owner, or contact person, or meeting the requirements specified in ARM 17.56.202 or subchapter 8.

 

            AUTH:  75-11-505, MCA

            IMP:  75-11-505, MCA

 

            REASON:  See the reason given for ARM 17.56.101.

 

            4.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov, no later than July 22, 2010.  To be guaranteed consideration, mailed comments must be postmarked on or before that date.

 

            5.  If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments they have to Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov, no later than July 22, 2010.

 

            6.  If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those persons directly affected has been determined to be 150 based on the 1498 regulated UST facilities in Montana.

 

            7.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supplies; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; e-mailed to ejohnson@mt.gov; or may be made by completing a request form at any rules hearing held by the department.

 

            8.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

Reviewed by:                                     DEPARTMENT OF ENVIRONMENTAL

                                                                        QUALITY

 

 

 

/s/ James M. Madden                         BY:  /s/ Richard H. Opper                        

JAMES M. MADDEN                                   RICHARD H. OPPER, Director

Rule Reviewer

 

            Certified to the Secretary of State, June 14, 2010.

 

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