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Notes

40 C.F.R. §§ 280.60–280.64

5 sections in range

§280.60. General.

40 C.F.R. § 280.60

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 § 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.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c), 6991(d), 6991(e), 6991(f), 6991(g), 6991(h), 6991(i).

Source

Source: 80 FR 41623, July 15, 2015, unless otherwise noted.

§280.61. Initial response.

40 C.F.R. § 280.61

Upon confirmation of a release in accordance with § 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);
(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.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c), 6991(d), 6991(e), 6991(f), 6991(g), 6991(h), 6991(i).

Source

Source: 80 FR 41623, July 15, 2015, unless otherwise noted.

§280.62. Initial abatement measures and site check.

40 C.F.R. § 280.62

(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 groundwater;
(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 § 280.52(b) or the closure site assessment of § 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 groundwater 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 § 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.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c), 6991(d), 6991(e), 6991(f), 6991(g), 6991(h), 6991(i).

Source

Source: 80 FR 41623, July 15, 2015, unless otherwise noted.

§280.63. Initial site characterization.

40 C.F.R. § 280.63

(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 §§ 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 § 280.62(a)(5); and
(4)
Results of the free product investigations required under § 280.62(a)(6), to be used by owners and operators to determine whether free product must be recovered under § 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.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c), 6991(d), 6991(e), 6991(f), 6991(g), 6991(h), 6991(i).

Source

Source: 80 FR 41623, July 15, 2015, unless otherwise noted.

§280.64. Free product removal.

40 C.F.R. § 280.64

At sites where investigations under § 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 §§ 280.61 through 280.63, or preparing for actions required under §§ 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.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c), 6991(d), 6991(e), 6991(f), 6991(g), 6991(h), 6991(i).

Source

Source: 80 FR 41623, July 15, 2015, unless otherwise noted.