Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES
Subchapter 17.56.6 - Release Response and Corrective Action for Tanks Containing Petroleum or Hazardous Substances
Rule 17.56.602 - INITIAL RESPONSE AND ABATEMENT MEASURES
Universal Citation: MT Admin Rules 17.56.602
Current through Register Vol. 6, March 22, 2024
(1) Upon confirmation of a release in accordance with ARM 17.56.504 or after a release from the PST or UST system is identified in any other manner, owners and operators must:
(a) perform the following initial
response actions:
(i) report the release to
the department in accordance with ARM
17.56.506;
(ii) take immediate action to prevent any
further release of the regulated substance into the environment; and
(iii) identify and mitigate fire, explosion,
and vapor hazards.
(b)
perform the following initial abatement measures:
(i) remove as much of the regulated substance
from the PST or UST system as is necessary to prevent further release into the
environment;
(ii) visually inspect
any aboveground releases or exposed belowground releases and prevent further
migration of the released substance into surrounding soils and ground
water;
(iii) 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 or the PST and entered
into subsurface structures (such as sewers or basements). Vapor concentrations
measured as gasoline in surface or subsurface structures (basements, buildings,
utility conduits) must be reduced to a level below the action levels
established by the department. A combustible gas indicator should be used to
determine explosive levels measured from the lowest point in a structure. To
determine health-based vapor levels, air samples should be collected from the
breathing space approximately four feet above the floor. The Montana Quality
Assurance Plan for Investigation of Underground Storage Tank Releases should be
consulted for appropriate sampling and analytical methods for collection of air
samples. The following action levels for gasoline vapors are established by the
department:
(A) action level to guard against
explosion or fire is 10% of the lower explosive limit of gasoline, (1300 parts
per million (ppm)) ;
(B) action
level to protect the health of individuals exposed in affected structures eight
hours per day, five days per week is 30 ppm; and
(C) action level to protect the health of
individuals in affected structures with full-time occupancy is seven ppm. If
any action level is exceeded, immediate action must be taken by the owners and
operators to reduce concentrations to below the above-specified action level.
Monitoring and mitigation must continue for as long as they are necessary as
indicated by the remedial investigation and these action levels.
(iv) remedy hazards posed by
contaminated soils that are excavated or exposed as a result of release
confirmation, site investigation, abatement, or cleanup activities. If these
remedies include treatment or disposal of soils, owners and operators must
comply with applicable state and local requirements. Soils heavily contaminated
with leaded gasoline, waste oil, solvents, or hazardous substances must be
tested for the presence of hazardous wastes. Treatment or disposal of all soils
containing hazardous wastes must be approved by the department.
(v) determine the extent and magnitude of
contamination in soils, ground water, surface water or both, which
contamination has resulted from the release at the PST or UST site. In
selecting sample types, sample locations, and measurement methods, owners and
operators 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. Samples must be collected
and analyzed in accordance with ARM
17.56.504(1) (b);
and
(vi) investigate surface water
and ground water to determine if existing drinking water sources have been
adversely impacted by the release. If so, immediately provide an alternate
supply of safe drinking water to the impacted persons, residences or
businesses.
(c)
Investigate to determine the possible presence of free product, begin free
product removal as soon as practicable, and:
(i) 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;
(ii) use abatement of
free product migration as a minimum objective for the design of the free
product removal system; and
(iii)
handle any flammable products in a safe and competent manner to prevent fires
or explosions in accordance with local and state fire codes.
(d) Within 30 days after release
confirmation, submit a report to the department on a form designated by the
department summarizing the initial response and abatement measures taken under
(1) (a) through (c) and any resulting information or data. The report must
include data on the nature, estimated quantity and source of the release. If
initial response and abatement measures extend beyond the 30-day time period,
owners and operators must also submit an additional follow-up completion report
according to a schedule established by the department. If free product is
removed, the following information must also be provided in or with the report:
(i) the name of the person(s) responsible for
implementing the free product removal measures;
(ii) the estimated quantity, type, and
thickness of free product observed or measured in wells, boreholes, and
excavations;
(iii) the type of free
product recovery system used;
(iv)
whether any discharge will take place on-site or off-site during the recovery
operation and where this discharge will be located;
(v) the type of treatment applied to, and the
effluent quality expected from, any discharge to sanitary sewers, surface
water, ground water or atmosphere and a copy of any current state or federal
discharge permit;
(vi) the steps
that have been or are being taken to obtain necessary permits for any
discharge; and
(vii) the
disposition of the recovered free product.
75-11-319, 75-11-505, MCA; IMP, 75-11-309, 75-11-505, MCA;
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