Current through September 24, 2024
(1) General requirements.
(a) Owners, operators, and/or other
responsible parties of petroleum UST systems shall, in response to a confirmed
release from a UST system, comply with the requirements of this rule.
(b) Field activities and environmental data.
During the course of responding to the release, conducting
remediation, and/or managing risk, owners, operators, and/or other responsible
parties of petroleum UST systems shall comply with the following:
1. Notice of Field Activities.
(i) Owners, operators, and/or other
responsible parties of petroleum UST systems shall notify the Division at least
one working day in advance of any routine field activity. Routine field
activities include, but are not limited to, placement of soil borings,
construction of monitoring wells, sample collection events, field surveys, such
as water use surveys or land use surveys, installation and/or start-up of
treatment systems.
(ii) Owners,
operators, and/or other responsible parties of petroleum UST systems shall
notify the division by no later than one working day after any non-routine
field activity, such as emergency response 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.
(2) Applicability.
(a) This rule shall apply to all newly
reported and/or discovered releases from petroleum underground storage
tanks.
(b) Unless directed
otherwise by the Division, this rule shall apply to all previously reported
releases from petroleum underground storage tanks.
1. Data which has previously been gathered
shall be utilized by the owner, operator, and/or other responsible party of the
petroleum UST system to comply with this rule, provided that such data is valid
and is representative of the site. The fund shall not reimburse the owner,
operator, and/or other responsible party of petroleum UST system for the cost
of generating duplicate data.
2.
Any requirements of this rule that have not previously been satisfied, shall be
satisfied by the owner, operator, and/or other responsible party of the
petroleum UST system unless directed otherwise by the Division.
(3) Initial Response.
Upon confirmation of a release in accordance with paragraph
(3) of Rule
0400-18-01-.05
or after a release from a UST system is identified in any other manner, the
owner, operator, and/or other responsible party of the petroleum UST system
shall, unless directed to do otherwise by the Division, perform the following
initial response actions:
(a) Report
the release to the Division within 72 hours (for example, by telephone,
facsimile machine or electronic mail);
(b) Take immediate actions to prevent any
further release of the petroleum into the environment including, but not
limited to:
1. If the source of the release
has not been determined and a systems test has not been performed under the
authority of subparagraph (3)(a) of Rule
0400-18-01-.05,
a systems test may be required by the division; if required, the test shall be
conducted in accordance with subparagraphs (3)(b) and (4)(b) of Rule
0400-18-01-.04;
2. Removing as much of the petroleum from the
UST system as is necessary to prevent any further release;
3. Taking the UST system out of service until
piping or ancillary equipment associated with the release are replaced or
repaired; and/or
4. Preventing the
placing of petroleum product into the leaking UST system;
(c) Take immediate action to identify fire,
explosion, and/or vapor hazards. Report and manage any hazards identified in
accordance with paragraph (4) of this rule;
(d) Visually inspect any aboveground releases
or exposed belowground releases and prevent further migration of the petroleum
into surrounding soils and/or groundwater;
(e) Perform a water use survey in accordance
with guidance provided by the division. All drinking water supplies, including
both wells and springs, located within one-tenth mile of the petroleum site
shall be investigated and sampled for the presence of a release. The Division
may require additional investigation and sampling of drinking water supplies in
the area, based on hydro-geological conditions or other physical
characteristics in the area. Impacted drinking water shall be reported in
accordance with subparagraph (4)(a) of this rule and addressed as required in
part (4)(b)1. of this rule; and
(f)
In order for the owner, operator, and/or other responsible party of the
petroleum UST system to receive reimbursement from the fund, an Application for
Fund Eligibility shall be filed:
1. Within 90
days of the discovery of evidence of a suspected release which is subsequently
confirmed in accordance with Rule
0400-18-01-.05;
or
2. Within 60 days of a release
which was identified in any manner other than the process for confirmation of a
suspected release.
(4) Hazard Management.
When human health hazards, such as impacted drinking water,
petroleum vapors, and/or free product are discovered in the vicinity of the
petroleum site, the following actions shall be taken to manage such
hazards:
(a) Notification.
Report the discovery of impacted drinking water, petroleum
vapors, free product, and/or other hazards to the Division within 72 hours
using a Hazard Notification Report form established by the Division. The form
shall be completed in accordance with guidance provided by the Division. The
form may be submitted by facsimile machine or electronic mail.
(b) Abatement Measures.
1. Impacted Drinking Water. Upon discovery
and/or confirmation of impacted drinking water, immediately provide an
alternate drinking water supply to replace the impacted drinking water unless
directed to do otherwise by the Division.
(i)
A temporary source of drinking water may be used in the short term to satisfy
the requirement of this part, such as providing bottled water or installing a
water filtration system. However, a proposal for providing a permanent source
of alternate drinking water shall be supplied as required in subpart (ii) of
this part unless otherwise directed by the Division.
(ii) A proposal for providing a permanent
source of potable drinking water, including a cost proposal, shall be submitted
to the Division. The proposal shall be in a format established by the Division
and shall recommend that one of the following methods be utilized:
(I) Install a connection to a public water
supply system;
(II) Install a
drinking water well into a deeper, non-impacted aquifer;
(III) Restore the impacted aquifer utilizing
active remediation measures; or
(IV) Utilize another means of supplying a
permanent source of potable drinking water.
(iii) Upon approval by the Division of a
proposal for providing a permanent source of potable drinking water, the owner,
operator, and/or other responsible party of the petroleum UST system shall take
such actions as are necessary to implement the approved proposal for providing
a permanent source of potable drinking water.
2. Vapor hazards.
Upon discovery and/or confirmation of vapor hazards in a
basement, sewer, utility, or other confined space, immediate actions shall be
taken to eliminate the vapor hazard in that area unless directed to do
otherwise by the Division.
(i) Vapor
hazard control shall, at a minimum, prevent explosion and fire hazards as well
as preventing the completion of a human health inhalation exposure
pathway.
(ii) After confirmation of
a vapor hazard or potential hazard, vapor levels shall be monitored in
accordance with guidance provided by the Division and in accordance with a
schedule established by the Division.
3. Free Product.
(i) Upon confirmation of free product,
interim free product removal measures shall be taken immediately to control the
migration of the free product associated with recent releases or for free
product present in excavations, unless directed to do otherwise by the
Division.
(ii) Free Product
Investigation.
The Division may require an investigation to be made in
response to the discovery of free product at or in the vicinity of the
petroleum site.
(I) Free Product
Investigation Plan.
I. If required by the
Division, the Free Product Investigation Plan shall be submitted to the
Division in a format and with guidance provided by the Division. The Free
Product Investigation Plan shall be submitted in accordance with a schedule
established by the Division. The plan shall include, but not be limited to:
A. A proposal for monitoring well
installation and placement; and
B.
A cost proposal.
II. Upon
division approval of the Free Product Investigation Plan, the owner, operator,
and/or other responsible party of the petroleum UST system shall implement the
approved plan in accordance with the provisions of the
plan.
(II) Free Product
Investigation Report.
A report shall be prepared and submitted to the Division in a
format and in accordance with a schedule established by the Division. Unless
directed otherwise by the Division, the report shall include, but not be
limited to the following:
I. Site
characteristics;
II. The areal and
vertical extent of free product;
III. An estimation of the volume of free
product; and
IV. The feasibility of
recovery of the free product.
(iii) Based on the results of the Free
Product Investigation Report required under the authority of subpart (ii) of
this part, the Division may require an owner, operator, and/or other
responsible party of the petroleum UST system to submit a Free Product Removal
Plan (FPRP) in a format and in accordance with a schedule established by the
Division. The FPRP shall be completed in accordance with guidance provided by
the Division. Unless directed otherwise by the Division, the FPRP shall
include, but not be limited to, the following:
(I) Both the long term and the short term
objectives of free product recovery at this site, for example, hydraulic
containment, limited draw-down with limited smearing, or other objectives, as
well as performance measures;
(II)
The design of the free product recovery system or systems, if two or more types
of systems are to be used during the course of free product recovery, and a
strategy for future integration of the free product recovery system(s) with any
soil and/or groundwater treatment determined to be necessary;
(III) An operation and maintenance
schedule;
(IV) Schedules for
monitoring and reporting;
(V) A
list of actionable causes which would result in the re-evaluation of the
continued need for and/or the redesign and/or termination of the free product
recovery system;
(VI) A schedule
and conditions for post termination monitoring; and
(VII) A cost proposal.
(iv) Upon approval of the Free Product
Removal Plan, the owner, operator, and/or other responsible party of the
petroleum UST system shall implement the approved plan in accordance with the
provisions of the plan.
(v) All
reporting requirements contained in the plan shall be followed and the reports
shall be submitted to the division in accordance with the schedule contained in
the approved plan.
4.
Take appropriate actions, approved in advance by the division, to abate any
other identified hazards.
(c) Reporting.
Owners, operators, and/or other responsible parties of
petroleum UST systems shall submit a Hazard Management Report detailing the
actions that have been taken to address the hazards discovered at or in the
vicinity of the petroleum site. Hazard Management Reports shall be submitted in
a format and in accordance with a schedule established by the Division and
shall be completed in accordance with guidance provided by the Division. Such
reports shall include, but not be limited to the following:
1. An Initial Response Hazard Management
Report;
2. An Impacted Drinking
Water Hazard Management Report;
3.
A Vapor Hazard Management Report; and
4. A Free Product Hazard Management
Report.
(5)
Initial Site Characterization and Exposure Assessment.
Unless directed to do otherwise by the Division, the owner,
operator, and/or other responsible party of the petroleum UST system shall, in
accordance with this paragraph, assess the characteristics of the site as well
as the nature of the release and shall identify risk to human health, safety
and the environment associated with the petroleum release.
(a) Site Assessment.
1. In accordance with guidance provided by
the Division, the owner, operator, and/or other responsible party of the
petroleum UST system shall conduct an assessment of the petroleum site by
installing four soil borings completed as groundwater monitoring wells. The
soil and the groundwater shall be sampled for laboratory evaluation to
determine the presence and the levels of the chemicals of concern in each
sample.
2. If the owner, operator,
and/or other responsible party of the petroleum UST system concludes that more
than four soil borings and/or monitoring wells are necessary for site
characterization and/or risk assessment, the owner, operator, and/or other
responsible party of the petroleum UST system may submit a proposal. Such a
proposal shall include a cost proposal and a justification statement for review
and approval by the Division. This may be done during the initial site
characterization or at any time subsequent thereto.
3. The Division may require the installation
of more than four soil borings and/or monitoring wells for site
characterization and/or risk assessment. This may be done during the initial
site characterization or at any time subsequent thereto.
(b) Initial Site Characterization Report.
A report shall be prepared and submitted to the Division in a
format and in accordance with a schedule established by the Division. Data
collection, risk analysis and report completion shall be done in accordance
with guidance provided by the Division. The Initial Site Characterization
Report shall include but not be limited to the following:
1. A site history, including the types of
petroleum products stored, used and/or dispensed on the site, set forth in a
chronology of site events;
2. A
release history, including any of the following that are known or can be
obtained or determined:
(i) The source of the
release;
(ii) The type(s) of
petroleum product(s), including additives, released;
(iii) Records of release detection conducted
at the site that, at a minimum, include the 12 consecutive months immediately
preceding the date of the release;
(iv) The date of the release;
(v) The volume of the release;
(vi) The cause of the release; and
(vii) Levels of chemicals of concern at or in
the vicinity of the petroleum site;
3. Petroleum site conditions, including, but
not limited to, the following:
(i) A site
map;
(ii) Location of
utilities;
(iii) Land conditions,
including current land use, both inside and outside of the facility property
boundaries;
(iv) Groundwater
conditions and use, both inside and outside of the facility property
boundaries, including the water use survey conducted in accordance with
subparagraph (3)(e) of this rule; and
(v) Surface water conditions, including
current surface water use, both inside and outside of the facility property
boundaries;
4. Risk
factors including, but not necessarily limited to, the following:
(i) Current and reasonably anticipated
receptors shall be identified and located on a site map. Receptors shall
include, but not necessarily be limited to:
(I) Human receptors: adult, child,
residential, commercial/industrial worker;
(II) Ecological; and/or
(III) Physical receptors, such as: drinking
water wells and springs, buildings and basements, utilities, surface water;
and
(ii) Current and
reasonably anticipated exposure pathways between the source area(s) and the
identified receptors shall be identified. The exposure pathways shall include
ingestion and inhalation; and
5. A Risk Analysis Report (RAR) spreadsheet
completed in accordance with guidance and instructions provided by the Division
and using computational software provided by the Division. The RAR shall be
used to determine cleanup levels, either Risk Based Cleanup Levels (RBCLs) or
Site Specific Cleanup Levels (SSCLs), for the site based on risk to human
health, safety and the environment.
(6) Contamination Case Closure or No Further
Action.
If the maximum concentrations of the chemicals of concern at
the site are at or below the RBCLs and/or the SSCLs for the site as determined
in the Risk Analysis Report section of the Initial Site Characterization
Report, then contamination case closure activites shall be completed in
accordance with a schedule established by the Division and in accordance with
guidance provided by the Division. Contamination case closure activities may
include, but are not limited to, the following:
(a) Closure monitoring;
(b) Proper abandonment of monitoring wells;
and/or
(c) Report
submittal.
(7)
Consideration of Additional Corrective and/or Risk Management Measures.
If the maximum concentrations of the chemicals of concern at
the site are above the RBCLs and/or the SSCLs for the site as determined in the
Risk Analysis Report section of the Initial Site Characterization Report, then
it may be necessary to consider additional remediation and/or risk management
measures such as those outlined in paragraphs (8) through (10) of this
rule.
(a) If the owner, operator,
and/or other responsible party of the petroleum UST system concludes that the
use of specific additional measures will result in a more cost effective
approach to case management and/or in faster contamination case closure, the
owner, operator, and/or other responsible party of the petroleum UST system may
submit a proposal. Such a proposal shall include a cost proposal and a
justification statement.
(b) If the
Division concludes that the use of specific additional measures will result in
a more cost effective approach to case management and/or in faster
contamination case closure, the tank owner shall, at the direction of the
Division, submit a proposal, including a cost proposal. However, an owner,
operator, and/or other responsible party of the petroleum UST system who is not
also the petroleum site owner shall not be required to establish institutional
controls in accordance with subparagraph (8)(c) of this rule.
(c) The cost of additional measures taken
prior to division approval of a proposal will not be reimbursed by the
fund.
(8) Interim
Remediation and/or Risk Management.
In accordance with the provisions of paragraph (7) of this
rule the Division may require or allow the owner, operator, and/or other
responsible party of the petroleum UST system to take interim remediation
and/or risk management measures. After taking any interim remediation action or
risk management measure, the owner, operator, and/or other responsible party of
the petroleum UST system shall reevaluate the risk in accordance with guidance
provided by the Division. Interim remediation or risk management may include,
but is not limited to:
(a) Source
removal.
1. Source removal activities shall
not spread contamination into previously uncontaminated or less contaminated
areas through improper storage, improper treatment, untreated discharges, or
improper disposal.
2. Soil removal.
The excavated soil shall be handled in a manner that prevents
human exposure to contaminated soil and that prevents soil exposure to
precipitation that may cause surface runoff. The excavation pit shall be
secured in a manner that prevents accidental or intentional entry by the
public;
(b) Risk
reduction.
Actions that eliminate or reduce risk include, but are not
limited to, the following activities:
1. Supplying a permanent source of potable
water to replace impacted drinking water; and/or
2. Re-routing utility lines or replacing
vulnerable portions of utility lines with materials that can withstand the
impacts of petroleum;
(c)
Establishing institutional controls in accordance with the following:
1. A Notice of Land Use Restrictions, which
satisfies the requirements of T.C.A. §
68-212-225,
shall be filed in the register of deeds office in the appropriate
county.
2. The Notice of Land Use
Restrictions may include, but is not limited to, restrictions on the current
and future uses of the land, use of the property, current and future uses of
groundwater, building, filling, grading and/or excavating; and/or
(d) Employing engineering
controls.
(9) Advanced
Risk-Based Modeling.
In accordance with the provisions of paragraph (7) of this
rule, the division may require or allow advanced risk based modeling:
(a) The owner, operator, and/or other
responsible party of the petroleum UST system shall submit predictive modeling
information in a format and in accordance with a schedule established by the
Division and in accordance with guidance provided by the Division.
(b) The modeling information shall be
accompanied by or include a conclusion as to the course of action which should
be taken to address the petroleum contamination at the site provided that such
course of action takes into account both adequate risk management and cost
effectiveness.
(10)
Corrective Action Plan.
In accordance with the provisions of paragraph (7) of this
rule, the Division may require or allow the owner, operator, and/or other
responsible party of the petroleum UST system to submit a Corrective Action
Plan (CAP).
(a) The CAP shall be in a
format established by the Division and completed in accordance with guidance
provided by the Division. The corrective action plan shall be submitted in
accordance with a schedule established by the Division.
(b) The Corrective Action Plan shall include,
but not be limited to, the following:
1.
General requirements applicable to all Corrective Action Plans, unless the
Division specifically instructs the owner, operator, and/or other responsible
party of the petroleum UST system that certain requirements do not apply to the
petroleum site. The general requirements shall include, but not be limited to,
the following:
(i) Corrective action system
tasks, repairs, maintenance, record keeping, and/or evaluations;
(ii) Performance measurement of site
remediation;
(iii) Monitoring
events, monitoring tasks and/or monitoring results reporting; and
(iv) Causes for modification and/or
termination; and
2.
Site-specific requirements, which shall include, but not be limited to, the
following:
(i) The applicable site specific
cleanup level for each chemical of concern in soil and/or
groundwater;
(ii) The proposed
corrective action(s) for soil and/or groundwater remediation;
(iii) A schedule for planned operation and
maintenance as well as a contingency plan for unscheduled operation and
maintenance activities;
(iv) A cost
proposal; and
(v) Performance
measures.
(c)
Upon approval of the Corrective Action Plan the owner, operator, and/or other
responsible party of the petroleum UST system shall implement the approved plan
in accordance with the provisions of the plan.
(d) All reporting requirements contained in
the plan shall be followed and the reports shall be submitted to the Division
in accordance with the schedule contained in the approved plan.
(11) Public participation.
(a) For each confirmed release for which a
Corrective Action Plan has been required or allowed, the owner, operator,
and/or other responsible party of the petroleum UST system shall 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 Division shall
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 Division 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 owner, operator, and/or other
responsible party of the petroleum UST system shall, at the direction of the
Division, give public notice that complies with subparagraph (a) of this
paragraph 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 Division.
Authority: T.C.A. §§
4-5-201,
et seq. and 68-215-101, et seq.
