-932-REASON: <strong>The</strong> department is proposing the addition of ARM 17.56.407(2) toclarify the existing rule and to conform the rule to the requirements proposed in NewRule I. In New Rule I, the department is proposing to implement the secondarycontainment option pursuant to the Energy Policy Act of 2005, Pub. L. 109-58 (Act).<strong>The</strong> proposed requirement to document the communication of sensors with theconsole and maintain records would provide an effective tool for the department todetermine compliance with the leak detection monitoring requirements.17.56.408 METHODS OF RELEASE DETECTION FOR PIPING (1) Eachmethod of release detection for piping used to meet the requirements of ARM17.56.402 must be conducted in accordance with the following:(a) Methods which alert the operator to the presence of a leak by restrictingor shutting off the flow of regulated substances through piping or triggering anaudible or visual alarm may be used only if they detect leaks of three gallons perhour at 10 ten pounds per square inch line pressure within one hour.;(b) An annual test of the operation of the leak detector must be conducted inaccordance with the manufacturer's requirements. If an automatic line leak detectorfails the annual test at 3.0 gallons per hour, it must be replaced or retested at 5.0gallons per hour. An automatic line leak detector must be replaced if it fails the 5.0gallons-per-hour test;(b) (c) A periodic test of piping may be conducted only if it can detect a 0.1gallon-per-hour leak rate at 1 1/2 times the operating pressure.; and(c) (d) Any of the methods in ARM 17.56.407(1)(e) through (h) (2) may beused if they are designed to detect a release from any portion of the undergroundpiping that routinely contains regulated substances.AUTH: 75-11-505, MCAIMP: 75-11-505, MCAREASON: <strong>The</strong> department is proposing to add performance standards forthe annual testing of automatic line leak detectors. Performance standards arenecessary for automatic line leak detectors to ensure that they are working properly.Pursuant to New Rule I(2)(d), any pressurized product piping regulated under thischapter that is installed or replaced must employ an automatic line leak detector.17.56.701 INACTIVE AND OUT-OF-SERVICE UST SYSTEMS (1) Whenthe status of an active An UST system is changed to inactive, when owners andoperators shall notify the department, in writing, within ten days after the date theUST ceases to be used that the UST is no longer in use for dispensing, depositing,or storing regulated substances,. <strong>The</strong> owner or operator shall continue operationand maintenance of corrosion protection on an out-of-service UST in accordancewith ARM 17.56.302, and shall continue operation and maintenance of any releasedetection in accordance with subchapter 4. Subchapters 5 and 6 must be compliedwith if a release is suspected or confirmed. However, release detection is notrequired as long as the UST system is empty. <strong>The</strong> UST system is empty when allmaterials have been removed using commonly employed practices so that no morethan 2.5 centimeters (one inch) of residue, or 0.3% by weight of the total capacity ofMAR Notice No. 17-260 <strong>13</strong>-7/5/07
-933-the UST system, remains in the system.(2) through (4)(e)(ii) remain the same.AUTH: 75-11-505, 75-11-509, MCAIMP: 75-11-505, 75-11-509, MCAREASON: <strong>The</strong> department is proposing to amend (1) to conform the rule tothe definition of "inactive tank" in ARM 17.56.101(31). <strong>The</strong> proposed amendmentswould regulate out-of-service USTs as the department intended before the term"inactive" replaced the term "temporarily closed" in an earlier rulemaking.17.56.702 PERMANENT CLOSURE AND CHANGES IN SERVICE(1) At least 30 days before beginning either permanent closure or a changein service under (2) and (3), owners and operators must shall notify the departmentand the implementing agency, in writing, of their intent to permanently close or makethe change in service, unless such action is in response to corrective action alreadynotified noticed to the department under subchapter 6. <strong>The</strong> required assessment ofthe excavation zone under ARM 17.56.703 must be performed after notifying thedepartment and the implementing agency but before completion of the permanentclosure or a change in service.(2) To permanently close a tank or connected piping or both, owners andoperators must shall empty and clean it by removing all liquids and accumulatedsludges. All tanks, connected piping, or both, taken out of service permanently mustalso be either removed from the ground or, when approved by the department, filledwith an inert solid material.(3) Continued use of an UST system to store a nonregulated substance isconsidered a change in service. Before a change in service, owners and operatorsmust shall empty and clean the UST system by removing all liquid, accumulatedsludge, and all combustible and flammable vapors and conduct a site assessment inaccordance with ARM 17.56.703.(4) <strong>The</strong> following cleaning and closure procedures adopted by reference in(5) must be used to comply with this rule:.(a) American Petroleum Institute Recommended Practice 1604, "Removaland Disposal of Used Underground Petroleum Storage Tanks";(b) American Petroleum Institute Publication 2015, "Cleaning PetroleumStorage Tanks";(c) American Petroleum Institute Recommended Practice 1631, "InteriorLining of Underground Storage Tanks," may be used as guidance for compliancewith this section; and(d) <strong>The</strong> National Institute for Occupational Safety and Health "Criteria for aRecommended Standard * * * Working in Confined Space" may be used asguidance for conducting safe closure procedures at some hazardous substancetanks.(5) <strong>The</strong> department hereby adopts and incorporates by reference the versionin effect on July 1, 2006, of the following standards, specifications, and publications:(a) American Petroleum Institute Recommended Practice 1604, "Removaland Disposal of Used Underground Petroleum Storage Tanks," which sets forth<strong>13</strong>-7/5/07 MAR Notice No. 17-260
- Page 4: -902-BEFORE THE STATE AUDITOR AND C
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- Page 18 and 19: -916-regulated substances. Installa
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-982-ACCUMULATIVE TABLEThe Administ
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