Current through Reg. 49, No. 12; March 22, 2024
(a) Terms. The following words and terms,
when used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Free
oil--The crude oil that has not been absorbed by the soil and is accessible for
removal.
(2) Sensitive areas--These
areas are defined by the presence of factors, whether one or more, that make an
area vulnerable to pollution from crude oil spills. Factors that are
characteristic of sensitive areas include the presence of shallow groundwater
or pathways for communication with deeper groundwater; proximity to surface
water, including lakes, rivers, streams, dry or flowing creeks, irrigation
canals, stock tanks, and wetlands; proximity to natural wildlife refuges or
parks; or proximity to commercial or residential areas.
(3) Hydrocarbon condensate--The light
hydrocarbon liquids produced in association with natural gas.
(b) Scope. These cleanup standards
and procedures apply to the cleanup of soil in non-sensitive areas contaminated
by crude oil spills from activities associated with the exploration,
development, and production, including transportation, of oil or gas or
geothermal resources as defined in §
RSA
3.8<subdiv>(a)(30)</subdiv> of
this title (relating to Water Protection). For the purposes of this section,
crude oil does not include hydrocarbon condensate. These standards and
procedures do not apply to hydrocarbon condensate spills, crude oil spills in
sensitive areas, or crude oil spills that occurred prior to the effective date
of this section. Cleanup requirements for hydrocarbon condensate spills and
crude oil spills in sensitive areas will be determined on a case-by-case basis.
Cleanup requirements for crude oil contamination that occurred wholly or
partially prior to the effective date of this section will also be determined
on a case-by-case basis. Where cleanup requirements are to be determined on a
case-by-case basis, the operator must consult with the appropriate district
office on proper cleanup standards and methods, reporting requirements, or
other special procedures.
(c)
Requirements for cleanup.
(1) Removal of free
oil. To minimize the depth of oil penetration, all free oil must be removed
immediately for reclamation or disposal.
(2) Delineation. Once all free oil has been
removed, the area of contamination must be immediately delineated, both
vertically and horizontally. For purposes of this paragraph, the area of
contamination means the affected area with more than 1.0% by weight total
petroleum hydrocarbons.
(3)
Excavation. At a minimum, all soil containing over 1.0% by weight total
petroleum hydrocarbons must be brought to the surface for disposal or
remediation.
(4) Prevention of
stormwater contamination. To prevent stormwater contamination, soil excavated
from the spill site containing over 5.0% by weight total petroleum hydrocarbons
must immediately be:
(A) mixed in place to
5.0% by weight or less total petroleum hydrocarbons; or
(B) removed to an approved disposal site;
or
(C) removed to a secure interim
storage location for future remediation or disposal. The secure interim storage
location may be on site or off site. The storage location must be designed to
prevent pollution from contaminated stormwater runoff. Placing oily soil on
plastic and covering it with plastic is one acceptable means to prevent
stormwater contamination; however, other methods may be used if adequate to
prevent pollution from stormwater runoff.
(d) Remediation of soil.
(1) Final cleanup level. A final cleanup
level of 1.0% by weight total petroleum hydrocarbons must be achieved as soon
as technically feasible, but not later than one year after the spill incident.
The operator may select any technically sound method that achieves the final
result.
(2) Requirements for
bioremediation. If on-site bioremediation or enhanced bioremediation is chosen
as the remediation method, the soil to be bioremediated must be mixed with
ambient or other soil to achieve a uniform mixture that is no more than 18
inches in depth and that contains no more than 5.0% by weight total petroleum
hydrocarbons.
(e)
Reporting requirements.
(1) Crude oil spills
over five barrels. For each spill exceeding five barrels of crude oil, the
responsible operator must comply with the notification and reporting
requirements of §
RSA
3.20 of this title (relating to Notification
of Fire Breaks, Leaks, or Blow-outs) and submit a report on a Form H-8 to the
appropriate district office. The following information must be included:
(A) area (square feet), maximum depth (feet),
and volume (cubic yards) of soil contaminated with greater than 1.0% by weight
total petroleum hydrocarbons;
(B) a
signed statement that all soil containing over 1.0% by weight total petroleum
hydrocarbons was brought to the surface for remediation or disposal;
(C) a signed statement that all soil
containing over 5.0% by weight total petroleum hydrocarbons has been mixed in
place to 5.0% by weight or less total petroleum hydrocarbons or has been
removed to an approved disposal site or to a secure interim storage
location;
(D) a detailed
description of the disposal or remediation method used or planned to be used
for cleanup of the site;
(E) the
estimated date of completion of site cleanup.
(2) Crude oil spills over 25 barrels. For
each spill exceeding 25 barrels of crude oil, in addition to the report
required in paragraph (1) of this subsection, the operator must submit to the
appropriate district office a final report upon completion of the cleanup of
the site. Analyses of samples representative of the spill site must be
submitted to verify that the final cleanup concentration has been
achieved.
(3) Crude oil spills of
five barrels or less. Spills into the soil of five barrels or less of crude oil
must be remediated to these standards, but are not required to be reported to
the commission. All spills of crude oil into water must be reported to the
commission.
(f)
Alternatives. Alternatives to the standards and procedures of this section may
be approved by the commission for good cause, such as new technology, if the
operator has demonstrated to the commission's satisfaction that the
alternatives provide equal or greater protection of the environment. A proposed
alternative must be submitted in writing and approved by the
commission.