Temporarily Out of Use

Don’t Let “Temporarily Out of Use” Become a Permanent Problem
 
During these economic times, managing risk and financial liabilities can be as important as managing costs and revenue.  In the retail petroleum and convenience store industry, the potential challenges are numerous.  Keeping the underground storage tank (UST) system compliance up to date in accordance with the Underground Storage Tank Management Program (USTMP) guidelines is a regular duty.  Equipment upgrades, repairs and testing are a costly investment when margins are already so slim.  The USTMP inspectors are very active nowadays, and their inspection reports often require a great deal of time and money to resolve to their satisfaction.  Some operators have been unable to sustain these financial barrages, and have been forced to suspend business activities. 
 
If you own USTs at a site that is temporarily closed for business, it is important to keep all compliance measures in place for the UST system.  Failure to maintain all compliance measures and records of testing, in addition to records of invoices with environmental assurance fees, can jeopardize potential Georgia Underground Storage Tank (GUST) Trust Fund coverage.  This would apply to a site that eventually resumes business activity, and to a site that may eventually be permanently closed. 
 
As an owner of USTs at a site that is temporarily closed for business, the first task is to change the tank registration with the USTMP.  A Revised Notification Data for UST Form 7530 is required that denotes the USTs at the site as Temporarily Out of Use (TOU).  Please access this link for a downloadable copy of the Form 7530.  The revised Form 7530 should be sent with a simple transmittal letter explaining: On (Month, Day, Year), two (2) gasoline USTs were placed temporarily out of use.  Please find attached an amended EPA form 7530.  We will notify the USTMP when the status of these USTs changes. 
 
The tasks to be completed on the site include both immediate chores and regular long term responsibilities.  All fuel, water, sludge and debris needs to be removed from the USTs to a level measuring less than one inch.  All product piping needs to be emptied, and all UST access ports and dispensers secured.  If the store is to be unoccupied, access must be available to the UST compliance equipment, including automatic tank gauge (ATG) consol and cathodic protection rectifier. The regular UST system compliance testing schedule must be maintained for the duration of the time that the UST system remains TOU.  This includes all tank tightness testing (TTT), line tightness testing (LTT), automatic line leak detector test (ALLD), and corrosion protection testing.   
 
Often overlooked is that the power supply must remain on to any impressed current cathodic protection system, and the rectifier readings recorded every 60 days.  Often there is not an active power supply to an unoccupied store.  However, this does not relieve the owner of responsibility to maintain power to the corrosion protection system.  If a UST owner is not the store and/or property owner, the UST owner must still arrange for access to the property and building for the purpose of maintaining the power supply and all associated compliance measures.  If any of the UST system compliance measures are not maintained while the system is TOU, the USTMP will view this as a deficiency in UST system compliance.  Based on this type of deficiency, the USTMP may prohibit the site from resuming fuel sales and require the USTs to be removed.  Additionally, this type of deficiency could potentially jeopardize GUST Trust Fund eligibility, but can be avoided with advance planning for these details.
 
All records must be maintained while the UST system is TOU, including  copies of the current tank registration form, results of the most recent tank tightness testing (TTT), line tightness testing (LTT), automatic line leak detector test (ALLD), monthly inventory records, Statistical Inventory Reconciliation (SIR) records, ATG reports, corrosion protection testing report, and rectifier logs for the cathodic protection system, as applicable.  This should include proof that the power supply was maintained to the cathodic protection system, if an impressed current system is utilized.  Additionally, records of invoices showing the payment of environmental assurance fees (EAF) must also be retained.  If a UST system is to resume fuel storage and sales, the USTMP will require new compliance testing and may ask for copies of all records while the USTs were TOU, potentially going back several years.
 
Failure to maintain the compliance of a UST system while TOU will jeopardize GUST Trust Fund coverage.  Under the GUST Trust Fund rules, the UST owner is required to meet the $10,000 deductible and pay for all Corrective Action Plan  (CAP) – Part A costs.  All costs for completion of the CAP – Part A (minus the deductible) will be reimbursed to the UST owner, upon USTMP approval of trust fund coverage and execution of the Corrective Action Agreement.  The two-party check reimbursement mechanism through the GUST Trust Fund can then lessen the financial stress of corrective action activities required after CAP – Part A approval.  However, The EPD has denied GUST Trust Fund coverage to tank owners who have not been able to provide the required compliance and EAF documentation.  Placing a UST system TOU needs to be an occasion to evaluate any shortcomings in your site’s compliance, and can provide for an opportunity to correct any issues before a release occurs.  If a deficiency is discovered prior to a site resuming fuel sales or during the review of a GUST Trust Fund application, it is already too late to correct it.  Denial of GUST Trust Fund coverage for a site exhibiting substantial contamination could result in expenditures up to and potentially exceeding $1,000,000.   Additionally, without the financial reassurance of the GUST Trust Fund, most lending institutions will not consider lending funds for a property transaction involving a property with USTs.   Requests for backup documentation and audits of compliance and EAF records are becoming more and more common at the USTMP, so prepare now so that these risks and liabilities may be properly managed.           
 
Georgia Oilmen's Services, Inc. is able to assist you with your UST system compliance requirements. Please call Kurt Hausner of GOS at 678 225-4558 with any questions, or if GOS can be of service.