(1) Reporting Of Suspected Releases.
(a) Owners and/or operators of UST systems
shall report to the division within 72 hours and follow the procedures in
paragraph (3) of Rule 0400-18-01-.05 for any of the following conditions:
1. The discovery by owners and/or operators
or others of released petroleum at the UST site or in the surrounding area
(such as the presence of free product or vapors in soils, basements, sewer and
utility lines, and nearby surface water).
2. Unusual operating conditions observed by
owners and/or operators (such as the erratic behavior of petroleum dispensing
equipment, the sudden loss of petroleum from the UST system, or an unexplained
presence of water in the tank, or liquid in the interstitial space of secondary
contained systems), unless:
(i) The system
equipment or component is found not to be releasing petroleum into the
environment;
(ii) Any defective
system equipment or component is immediately repaired or replaced;
and
(iii) For secondarily contained
systems any liquid in the interstitial space not used as part of the
interstitial monitoring method (for example, brine filled) is immediately
removed.
3. Monitoring
results, including investigation of an alarm, from a release detection method
required under paragraph (2) of Rule
0400-18-01-.04
that indicate a release may have occurred unless:
(i) The monitoring device is found to be
defective, and is immediately repaired, recalibrated or replaced, and
additional monitoring within 30 days does not confirm the initial
result;
(ii) The leak is contained
in the secondary containment and conditions of subparts 2.(ii) and (iii) of
this subparagraph are met;
(iii)
The investigation determines no release has occurred; or
(iv) The alarm was investigated and
determined to be a non-release event (for example, from a power surge caused by
filling the tank during release detection testing).
(b) In order for the tank owner,
tank operator or petroleum site owner to receive reimbursement from the fund,
an Application for Fund Eligibility shall be filed within 90 days of the
discovery of evidence of a suspected release which is subsequently confirmed in
accordance with this rule.
(c) To
determine the applicable deductible amount pursuant to part (6)(b)7. of Rule 0
40018-01-.09, a tank owner or operator or petroleum site owner shall submit
documentation demonstrating compliance with the rules listed in subparts
(6)(b)7.(i) through (iii) of Rule
0400-18-01-.09
within 30 days following the Division's request for such
documentation.
(2)
Investigation due to environmental impacts.
When required by the Division, owners and/or operators of UST
systems shall follow the procedures in paragraph (3) of this rule to determine
if the UST system is the source of environmental impacts. These impacts include
the discovery of petroleum escaping from the UST system, associated containment
devices, or any component of a tank, line, dispenser, meter, or line leak
detector, not designed for the purpose of dispensing petroleum as well as the
discovery of petroleum in the environment (such as the presence of free product
or vapors in soils, basements, sewer and utility lines, and nearby surface and
drinking waters) that has been observed by the Division or brought to its
attention by another party.
(3) Release Investigation and Confirmation
Steps.
Unless corrective action is initiated in accordance with Rule
0400-18-01-.06,
owners and/or operators shall immediately investigate and confirm all suspected
releases of petroleum requiring reporting under paragraph (1) of this rule
within 30 days in accordance with this paragraph.
(a) System test.
Owners and/or operators shall conduct tests (according to the
requirements for tightness testing in subparagraphs (3)(b) and (4)(b) of Rule
0400-18-01-.04
or, as appropriate, secondary containment testing described in subparagraph
(7)(d) of Rule
0400-18-01-.02
).
1. The test must determine whether:
(i) A leak exists in that portion of the tank
that routinely contains petroleum, or the attached delivery piping,
or
(ii) A breach of either wall of
the secondary containment has occurred.
2. If the system test confirms a leak into
the interstice or a release, owners and/or operators shall repair, replace or
close the UST system, and begin corrective action in accordance with Rule
0400-18-01-.06
if the test results for the system, tank, or delivery piping indicate that a
release exists.
3. Further
investigation is not required if the test results for the system, tank, and
delivery piping do not indicate that a release exists and if environmental
contamination is not the basis for suspecting a release.
4. Owners and/or operators shall conduct a
site check as described in subparagraph (b) of this paragraph if the test
results for the system, tank, and delivery piping do not indicate that a
release exists but environmental contamination is the basis for suspecting a
release.
(b) Site check.
Owners and/or operators shall measure for the presence of a
release where contamination is most likely to be present at the UST site. In
selecting sample types, sample locations, and measurement methods, owners
and/or operators must consider the nature of the stored petroleum, the type of
initial alarm or cause for suspicion, the type of backfill, the depth of
groundwater, and other factors appropriate for identifying the presence and
source of the release.
1. If the test
results for the excavation zone or the UST site indicate that a release has
occurred, owners and/or operators must begin corrective action in accordance
with Rule
0400-18-01-.06;
2. If the test results for the excavation
zone or the UST site do not indicate that a release has occurred, further
investigation is not required.
(c) Field activities and environmental data.
During the course of the release investigation and
confirmation activities in subparagraphs (a) and (b) of this paragraph, a tank
owner and/or operator shall comply with the following:
1. Tank owners and/or operators shall notify
the Division at least one (1) working day in advance of systems test or site
check activities.
2. Soil borings
and/or monitoring wells shall be drilled, converted to monitoring wells and/or
abandoned in accordance with guidance provided by the division.
3. Environmental samples.
(i) Samples shall be collected, labeled,
handled, and transported in accordance with guidance and instructions provided
by the Division. Samples shall satisfy any requirements specific to the
required laboratory method that is used to analyze the samples.
(ii) Samples shall be analyzed using a method
recognized by the United States Environmental Protection Agency or another
method that has been approved by the division prior to the analysis.
(iii) Sample analysis reports submitted to
the Division shall be original documents unless otherwise specified by the
division. Such reports shall include, but not be limited to, the following
information:
(I) The facility identification
number assigned to the UST facility by the Division;
(II) The sampling point, including depth and
the unique combination of letters or numbers assigned to the boring or
monitoring well at the time that boring or well was installed;
(III) The sample collection date;
(IV) The date the sample analysis was
completed;
(V) The analytical
method, including the detection limit for the method, utilized to analyze the
sample;
(VI) The dilution factor
used on the sample; and
(VII) The
analytical results expressed as a concentration of the chemical(s) of
concern.
(4) Reporting And Cleanup Of Spills And
Overfills.
(a) Owners and/or operators of UST
systems shall contain and immediately clean up a spill or overfill and report
to the Division within 72 hours and begin corrective action if a spill or
overfill of petroleum results in a release to the environment that exceeds 25
gallons or that causes a sheen on nearby surface water; or
(b) Owners and operators of UST systems shall
contain and immediately clean up a spill or overfill of petroleum that is less
than 25 gallons. If cleanup cannot be accomplished within 72 hours owners
and/or operators must immediately notify the Division.
Authority: T.C.A. §§
4-5-201,
et seq., and 68-215-101, et seq.
