Current through Register Vol. 48, No. 38, September 20, 2024
a) Upon
confirmation of a release of petroleum from a UST system in accordance with
regulations promulgated by the OSFM, the owner or operator, or both, must
perform the following initial response actions:
1) Immediately report the release to IEMA
(e.g., by telephone or electronic mail);
BOARD NOTE: The OSFM rules for the reporting of UST releases
are found at 41 Ill. Adm. Code 176.320(a).
2) Take immediate action to prevent any
further release of the regulated substance to the environment; and
3) Immediately identify and mitigate fire,
explosion and vapor hazards.
b) Within 20 days after initial notification
to IEMA of a release plus 14 days, the owner or operator must perform the
following initial abatement measures:
1)
Remove as much of the petroleum from the UST system as is necessary to prevent
further release into the environment;
2) Visually inspect any aboveground releases
or exposed below ground 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 or operator must comply with 35 Ill. Adm. Code 722, 724, 725, and 807
through 815;
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 regulations promulgated by the OSFM. In selecting sample types,
sample locations, and measurement methods, the owner or 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 removal of free
product as soon as practicable and in accordance with Section
734.215 of
this Part.
c) Within 20
days after initial notification to IEMA of a release plus 14 days, the owner or
operator must submit a report to the Agency summarizing the initial abatement
steps taken under subsection (b) of this Section and any resulting information
or data.
d) Within 45 days after
initial notification to IEMA of a release plus 14 days, the owner or operator
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 subsections (a) and (b) of this Section. This
information must include, but is not limited to, the following:
1) Data on the nature and estimated quantity
of release;
2) Data from available
sources 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 at
subsection (b)(5) of this Section; and
4) Results of the free product investigations
required at subsection (b)(6) of this Section, to be used by owners or
operators to determine whether free product must be recovered under Section
734.215 of
this Part.
e) Within 45
days after initial notification to IEMA of a release plus 14 days, the owner or
operator must submit to the Agency the information collected in compliance with
subsection (d) of this Section in a manner that demonstrates its applicability
and technical adequacy.
f)
Notwithstanding any other corrective action taken, an owner or operator may, at
a minimum, and prior to submission of any plans to the Agency, remove the tank
system, or abandon the underground storage tank in place, in accordance with
the regulations promulgated by the Office of the State Fire Marshal (see 41
Ill. Adm. Code 160, 170, 180, 200). The owner may remove visibly contaminated
fill material and any groundwater in the excavation which exhibits a sheen. For
purposes of payment of early action costs, however, fill material shall not be
removedin an amount in excess of 4 feet from the outside dimensions of the
tank. [415 ILCS
5/57.6(b)] Early action may also
include disposal in accordance with applicable regulations or ex-situ treatment
of contaminated fill material removed from within 4 feet from the outside
dimensions of the tank.
g) For
purposes of payment from the Fund, the activities set forth in subsection (f)
of this Section must be performed within 45 days after initial notification to
IEMA of a release plus 14 days, unless special circumstances, approved by the
Agency in writing, warrant continuing such activities beyond 45 days plus 14
days. The owner or operator must notify the Agency in writing of such
circumstances within 45 days after initial notification to IEMA of a release
plus 14 days. Costs incurred beyond 45 days plus 14 days must be eligible if
the Agency determines that they are consistent with early action.
BOARD NOTE: Owners or operators seeking payment from the Fund
are to first notify IEMA of a suspected release and then confirm the release
within 14 days to IEMA pursuant to regulations promulgated by the OSFM. See 41
Ill. Adm. Code 170.560 and 170.580. The Board is setting the beginning of the
payment period at subsection (g) to correspond to the notification and
confirmation to IEMA.
h)
The owner or operator must determine whether the areas or locations of soil
contamination exposed as a result of early action excavation (e.g., excavation
boundaries, piping runs) or surrounding USTs that remain in place meet the most
stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants.
1) At a
minimum, for each UST that is removed, the owner or operator must collect and
analyze soil samples as indicated in subsections (h)(1)(A) through (E). The
Agency must allow an alternate location for, or excuse the collection of, one
or more samples if sample collection in the following locations is made
impracticable by site-specific circumstances.
A) One sample must be collected from each UST
excavation wall. The samples must be collected from locations representative of
soil that is the most contaminated as a result of the release. If an area of
contamination cannot be identified on a wall, the sample must be collected from
the center of the wall length at a point located one-third of the distance from
the excavation floor to the ground surface. For walls that exceed 20 feet in
length, one sample must be collected for each 20 feet of wall length, or
fraction thereof, and the samples must be evenly spaced along the length of the
wall.
B) Two samples must be
collected from the excavation floor below each UST with a volume of 1,000
gallons or more. One sample must be collected from the excavation floor below
each UST with a volume of less than 1,000 gallons. The samples must be
collected from locations representative of soil that is the most contaminated
as a result of the release. If areas of contamination cannot be identified, the
samples must be collected from below each end of the UST if its volume is 1,000
gallons or more, and from below the center of the UST if its volume is less
than 1,000 gallons.
C) One sample
must be collected from the floor of each 20 feet of UST piping run excavation,
or fraction thereof. The samples must be collected from a location
representative of soil that is the most contaminated as a result of the
release. If an area of contamination cannot be identified within a length of
piping run excavation being sampled, the sample must be collected from the
center of the length being sampled. For UST piping abandoned in place, the
samples must be collected in accordance with subsection (h)(2)(B) of this
Section.
D) If backfill is returned
to the excavation, one representative sample of the backfill must be collected
for each 100 cubic yards of backfill returned to the excavation.
E) The samples must be analyzed for the
applicable indicator contaminants. In the case of a used oil UST, the sample
that appears to be the most contaminated as a result of a release from the used
oil UST must be analyzed in accordance with Section
734.405(g)
of this Part to determine the indicator contaminants for used oil. The
remaining samples collected pursuant to subsections (h)(1)(A) and (B) of this
Section must then be analyzed for the applicable used oil indicator
contaminants.
2) At a
minimum, for each UST that remains in place, the owner or operator must collect
and analyze soil samples as follows. The Agency must allow an alternate
location for, or excuse the drilling of, one or more borings if drilling in the
following locations is made impracticable by site-specific circumstances.
A) One boring must be drilled at the center
point along each side of each UST, or along each side of each cluster of
multiple USTs, remaining in place. If a side exceeds 20 feet in length, one
boring must be drilled for each 20 feet of side length, or fraction thereof,
and the borings must be evenly spaced along the side. The borings must be
drilled in the native soil surrounding the USTs and as close practicable to,
but not more than five feet from, the backfill material surrounding the USTs.
Each boring must be drilled to a depth of 30 feet below grade, or until
groundwater or bedrock is encountered, whichever is less. Borings may be
drilled below the groundwater table if site specific conditions warrant, but no
more than 30 feet below grade.
B)
Two borings, one on each side of the piping, must be drilled for every 20 feet
of UST piping, or fraction thereof, that remains in place. The borings must be
drilled as close as practicable to, but not more than five feet from, the
locations of suspected piping releases. If no release is suspected within a
length of UST piping being sampled, the borings must be drilled in the center
of the length being sampled. Each boring must be drilled to a depth of 15 feet
below grade, or until groundwater or bedrock is encountered, whichever is less.
Borings may be drilled below the groundwater table if site specific conditions
warrant, but no more than 15 feet below grade. For UST piping that is removed,
samples must be collected from the floor of the piping run in accordance with
subsection (h)(1)(C) of this Section.
C) If auger refusal occurs during the
drilling of a boring required under subsection (h)(2)(A) or (B) of this
Section, the boring must be drilled in an alternate location that will allow
the boring to be drilled to the required depth. The alternate location must not
be more than five feet from the boring's original location. If auger refusal
occurs during drilling of the boring in the alternate location, drilling of the
boring must cease and the soil samples collected from the location in which the
boring was drilled to the greatest depth must be analyzed for the applicable
indicator contaminants.
D) One soil
sample must be collected from each five-foot interval of each boring required
under subsections (h)(2)(A) through (C) of this Section. Each sample must be
collected from the location within the five-foot interval that is the most
contaminated as a result of the release. If an area of contamination cannot be
identified within a five-foot interval, the sample must be collected from the
center of the five-foot interval, provided, however, that soil samples must not
be collected from soil below the groundwater table. All samples must be
analyzed for the applicable indicator contaminants.
3) If the most stringent Tier 1 remediation
objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants
have been met, and if none of the criteria set forth in subsections (h)(4)(A)
through (C) of this Section are met, within 30 days after the completion of
early action activities the owner or operator must submit a report
demonstrating compliance with those remediation objectives. The report must
include, but not be limited to, the following:
A) A characterization of the site that
demonstrates compliance with the most stringent Tier 1 remediation objectives
of 35 Ill. Adm. Code 742 for the applicable indicator contaminants;
B) Supporting documentation, including, but
not limited to, the following:
i) A site map
meeting the requirements of Section
734.440 of
this Part that shows the locations of all samples collected pursuant to this
subsection (h);
ii) Analytical
results, chain of custody forms, and laboratory certifications for all samples
collected pursuant to this subsection (h); and
iii) A table comparing the analytical results
of all samples collected pursuant to this subsection (h) to the most stringent
Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable
indicator contaminants; and
C) A site map containing only the information
required under Section
734.440 of
this Part.
4) If the
most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants have not been met, or if one or more of the
following criteria are met, the owner or operator must continue in accordance
with Subpart C of this Part:
A) There is
evidence that groundwater wells have been impacted by the release above the
most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the
applicable indicator contaminants (e.g., as found during release confirmation
or previous corrective action measures);
B) Free product that may impact groundwater
is found to need recovery in compliance with Section
734.215 of
this Part; or
C) There is evidence
that contaminated soils may be or may have been in contact with groundwater,
unless:
i) The owner or operator pumps the
excavation or tank cavity dry, properly disposes of all contaminated water, and
demonstrates to the Agency that no recharge is evident during the 24 hours
following pumping; and
ii) The
Agency determines that further groundwater investigation is not
necessary.