[Title 40 CFR F]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (CONTINUED)]
[Part 280 - TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)]
[Subpart F - Release Response and Corrective Action for UST Systems]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT232002-07-012002-07-01falseFSubpart FPROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)
   Subpart F--Release Response and Corrective Action for UST Systems 
              Containing Petroleum or Hazardous Substances



Sec. 280.60  General.

    Owners and operators of petroleum or hazardous substance UST systems 
must, in response to a confirmed release from the UST system, comply 
with the requirements of this subpart except for USTs excluded under 
Sec. 280.10(b) and UST systems subject to RCRA Subtitle C corrective 
action requirements under section 3004(u) of the Resource Conservation 
and Recovery Act, as amended.



Sec. 280.61  Initial response.

    Upon confirmation of a release in accordance with Sec. 280.52 or 
after a release from the UST system is identified in any other manner, 
owners and operators must perform the following initial response actions 
within 24 hours of a release or within another reasonable period of time 
determined by the implementing agency:
    (a) Report the release to the implementing agency (e.g., by 
telephone or electronic mail);

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    (b) Take immediate action to prevent any further release of the 
regulated substance into the environment; and
    (c) Identify and mitigate fire, explosion, and vapor hazards.



Sec. 280.62  Initial abatement measures and site check.

    (a) Unless directed to do otherwise by the implementing agency, 
owners and operators must perform the following abatement measures:
    (1) Remove as much of the regulated substance from the UST system as 
is necessary to prevent further release to the environment;
    (2) Visually inspect any aboveground releases or exposed belowground 
releases and prevent further migration of the released substance into 
surrounding soils and ground water;
    (3) Continue to monitor and mitigate any additional fire and safety 
hazards posed by vapors or free product that have migrated from the UST 
excavation zone and entered into subsurface structures (such as sewers 
or basements);
    (4) Remedy hazards posed by contaminated soils that are excavated or 
exposed as a result of release confirmation, site investigation, 
abatement, or corrective action activities. If these remedies include 
treatment or disposal of soils, the owner and operator must comply with 
applicable State and local requirements;
    (5) Measure for the presence of a release where contamination is 
most likely to be present at the UST site, unless the presence and 
source of the release have been confirmed in accordance with the site 
check required by Sec. 280.52(b) or the closure site assessment of 
Sec. 280.72(a). In selecting sample types, sample locations, and 
measurement methods, the owner and operator must consider the nature of 
the stored substance, the type of backfill, depth to ground water and 
other factors as appropriate for identifying the presence and source of 
the release; and
    (6) Investigate to determine the possible presence of free product, 
and begin free product removal as soon as practicable and in accordance 
with Sec. 280.64.
    (b) Within 20 days after release confirmation, or within another 
reasonable period of time determined by the implementing agency, owners 
and operators must submit a report to the implementing agency 
summarizing the initial abatement steps taken under paragraph (a) of 
this section and any resulting information or data.



Sec. 280.63  Initial site characterization.

    (a) Unless directed to do otherwise by the implementing agency, 
owners and operators must assemble information about the site and the 
nature of the release, including information gained while confirming the 
release or completing the initial abatement measures in Secs. 280.60 and 
280.61. This information must include, but is not necessarily limited to 
the following:
    (1) Data on the nature and estimated quantity of release;
    (2) Data from available sources and/or site investigations 
concerning the following factors: surrounding populations, water 
quality, use and approximate locations of wells potentially affected by 
the release, subsurface soil conditions, locations of subsurface sewers, 
climatological conditions, and land use;
    (3) Results of the site check required under Sec. 280.62(a)(5); and
    (4) Results of the free product investigations required under 
Sec. 280.62(a)(6), to be used by owners and operators to determine 
whether free product must be recovered under Sec. 280.64.
    (b) Within 45 days of release confirmation or another reasonable 
period of time determined by the implementing agency, owners and 
operators must submit the information collected in compliance with 
paragraph (a) of this section to the implementing agency in a manner 
that demonstrates its applicability and technical adequacy, or in a 
format and according to the schedule required by the implementing 
agency.



Sec. 280.64  Free product removal.

    At sites where investigations under Sec. 280.62(a)(6) indicate the 
presence of free product, owners and operators must remove free product 
to the maximum extent practicable as determined by the implementing 
agency while continuing, as necessary, any actions initiated under 
Secs. 280.61 through 280.63, or

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preparing for actions required under Secs. 280.65 through 280.66. In 
meeting the requirements of this section, owners and operators must:
    (a) Conduct free product removal in a manner that minimizes the 
spread of contamination into previously uncontaminated zones by using 
recovery and disposal techniques appropriate to the hydrogeologic 
conditions at the site, and that properly treats, discharges or disposes 
of recovery byproducts in compliance with applicable local, State and 
Federal regulations;
    (b) Use abatement of free product migration as a minimum objective 
for the design of the free product removal system;
    (c) Handle any flammable products in a safe and competent manner to 
prevent fires or explosions; and
    (d) Unless directed to do otherwise by the implementing agency, 
prepare and submit to the implementing agency, within 45 days after 
confirming a release, a free product removal report that provides at 
least the following information:
    (1) The name of the person(s) responsible for implementing the free 
product removal measures;
    (2) The estimated quantity, type, and thickness of free product 
observed or measured in wells, boreholes, and excavations;
    (3) The type of free product recovery system used;
    (4) Whether any discharge will take place on-site or off-site during 
the recovery operation and where this discharge will be located;
    (5) The type of treatment applied to, and the effluent quality 
expected from, any discharge;
    (6) The steps that have been or are being taken to obtain necessary 
permits for any discharge; and
    (7) The disposition of the recovered free product.



Sec. 280.65  Investigations for soil and ground-water cleanup.

    (a) In order to determine the full extent and location of soils 
contaminated by the release and the presence and concentrations of 
dissolved product contamination in the ground water, owners and 
operators must conduct investigations of the release, the release site, 
and the surrounding area possibly affected by the release if any of the 
following conditions exist:
    (1) There is evidence that ground-water wells have been affected by 
the release (e.g., as found during release confirmation or previous 
corrective action measures);
    (2) Free product is found to need recovery in compliance with 
Sec. 280.64;
    (3) There is evidence that contaminated soils may be in contact with 
ground water (e.g., as found during conduct of the initial response 
measures or investigations required under Secs. 280.60 through 280.64); 
and
    (4) The implementing agency requests an investigation, based on the 
potential effects of contaminated soil or ground water on nearby surface 
water and ground-water resources.
    (b) Owners and operators must submit the information collected under 
paragraph (a) of this section as soon as practicable or in accordance 
with a schedule established by the implementing agency.



Sec. 280.66  Corrective action plan.

    (a) At any point after reviewing the information submitted in 
compliance with Secs. 280.61 through 280.63, the implementing agency may 
require owners and operators to submit additional information or to 
develop and submit a corrective action plan for responding to 
contaminated soils and ground water. If a plan is required, owners and 
operators must submit the plan according to a schedule and format 
established by the implementing agency. Alternatively, owners and 
operators may, after fulfilling the requirements of Secs. 280.61 through 
280.63, choose to submit a corrective action plan for responding to 
contaminated soil and ground water. In either case, owners and operators 
are responsible for submitting a plan that provides for adequate 
protection of human health and the environment as determined by the 
implementing agency, and must modify their plan as necessary to meet 
this standard.
    (b) The implementing agency will approve the corrective action plan 
only after ensuring that implementation of the plan will adequately 
protect human health, safety, and the environment. In

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making this determination, the implementing agency should consider the 
following factors as appropriate:
    (1) The physical and chemical characteristics of the regulated 
substance, including its toxicity, persistence, and potential for 
migration;
    (2) The hydrogeologic characteristics of the facility and the 
surrounding area;
    (3) The proximity, quality, and current and future uses of nearby 
surface water and ground water;
    (4) The potential effects of residual contamination on nearby 
surface water and ground water;
    (5) An exposure assessment; and
    (6) Any information assembled in compliance with this subpart.
    (c) Upon approval of the corrective action plan or as directed by 
the implementing agency, owners and operators must implement the plan, 
including modifications to the plan made by the implementing agency. 
They must monitor, evaluate, and report the results of implementing the 
plan in accordance with a schedule and in a format established by the 
implementing agency.
    (d) Owners and operators may, in the interest of minimizing 
environmental contamination and promoting more effective cleanup, begin 
cleanup of soil and ground water before the corrective action plan is 
approved provided that they:
    (1) Notify the implementing agency of their intention to begin 
cleanup;
    (2) Comply with any conditions imposed by the implementing agency, 
including halting cleanup or mitigating adverse consequences from 
cleanup activities; and
    (3) Incorporate these self-initiated cleanup measures in the 
corrective action plan that is submitted to the implementing agency for 
approval.



Sec. 280.67  Public participation.

    (a) For each confirmed release that requires a corrective action 
plan, the implementing agency must provide notice to the public by means 
designed to reach those members of the public directly affected by the 
release and the planned corrective action. This notice may include, but 
is not limited to, public notice in local newspapers, block 
advertisements, public service announcements, publication in a state 
register, letters to individual households, or personal contacts by 
field staff.
    (b) The implementing agency must ensure that site release 
information and decisions concerning the corrective action plan are made 
available to the public for inspection upon request.
    (c) Before approving a corrective action plan, the implementing 
agency may hold a public meeting to consider comments on the proposed 
corrective action plan if there is sufficient public interest, or for 
any other reason.
    (d) The implementing agency must give public notice that complies 
with paragraph (a) of this section if implementation of an approved 
corrective action plan does not achieve the established cleanup levels 
in the plan and termination of that plan is under consideration by the 
implementing agency.