Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 17 - STORAGE TANKS
Part E - STORAGE TANK SYSTEMS: RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE
Section 17-24 - Owners and/or Operators Not Eligible for the State Corrective Action Program

Universal Citation: WY Code of Rules 17-24

Current through September 21, 2024

(a) Initial Response. Upon confirmation of a release in accordance with Section 21 or after a release from the storage tank system is confirmed in any other manner, owners and/or operators shall perform the following initial response actions within twenty-four (24) hours of a release:

(i) Orally report the release to the department by telephone, (307)777-7781, by electronic mail to http://deq.state.wy.us/, or by FAX to (307)777-5973;

(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) Initial Abatement Measures and Site Check. Owners and/or operators of storage tank systems shall accomplish the following abatement measures:

(i) Remove as much of the regulated substance from the storage tank system as is necessary to prevent further release to the environment;

(ii) Visually inspect any above ground or exposed below ground releases and prevent further migration of the released substance into surrounding soils and ground or surface waters;

(iii) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from an UST excavation zone or from under an above ground storage tank and entered into subsurface structures (such as sewers or basements);

(iv) 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 and/or operator shall comply with the applicable department requirements;

(v) Measure for the presence of a release where contamination is most likely to be present at the storage tank site, unless the presence and source of the release have been confirmed in accordance with the site check required by Section 21 or the closure site assessment of Section 31. In selecting sample types, sample locations, and measurement methods, the owner and/or operator shall consider the nature of the stored regulated substance, the type of backfill, depth to groundwater and other factors as appropriate for identifying the presence and source of the release;

(vi) Investigate to determine the possible presence of free product, and begin free product removal as soon as practicable and in accordance with this section; and

(vii) Submit a report, within thirty (30) days after release confirmation, to the department summarizing the initial abatement steps taken and any resulting information or data required by this section.

(c) Initial Site Characterization. Owners and/or operators shall assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures of this section. This information shall include, but is not limited to, the following:

(i) Data on the nature and estimated quantity of release;

(ii) Data from available sources and/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;

(iii) Results of the site check required under Section 24(b);

(iv) The results of the free product investigations required under Section 24(b), shall be used by owners and/or operators to determine whether free product shall be recovered under Section 24(d);

(v) Within sixty (60) days of release confirmation, owners and/or operators shall submit the information collected in compliance with this section to the department in a manner that demonstrates its applicability and technical adequacy; and

(vi) Information necessary to classify the affected groundwater under Chapter 8, Wyoming Water Quality Rules and Regulations.

(d) Free Product Removal. When free product is discovered, owners and/or operators shall contact the department within twenty-four (24) hours of the discovery by telephone, (307) 777-7781, by electronic mail to http://deq.state.wy.us/, or by FAX to (307) 777-5973. Owners and/or operators shall present a CAP for product removal at sites where investigations under Section 24(b) indicate the presence of free product. Owners and/or operators shall remove free product to the maximum extent practicable as determined by the department. In meeting the requirements of this section, owners and/or operators shall:

(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 by-products 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;

(iii) Handle any flammable products in a safe and competent manner to prevent fires and explosions; and

(iv) Prepare and submit to the department, within forty-five (45) days after confirming a release, a free product removal report that provides at least the following information:

(A) The name of the person(s) responsible for implementing the free product removal measures;

(B) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations;

(D) Whether any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located;

(E) The type of treatment applied to, and the effluent quality expected from, any discharge;

(F) The steps that have been or are being taken to obtain necessary permits for any discharge; and

(G) The disposition of the recovered free product.

(e) Investigation for Soil and Groundwater Cleanup. In order to determine the full extent and location of soils contaminated by the release and the presence and concentrations of dissolved product contamination in the groundwater, owners and/or operators shall conduct a subsurface investigation of the release, the release site, and the surrounding area possibly affected by the release to determine if any of the following conditions exist:

(i) There is evidence that groundwater wells have been affected by the release (e.g., as found during release confirmation or previous corrective action measures);

(ii) Free product is discovered on the groundwater table in compliance with this section;

(iii) There is evidence that contaminated soils may be in contact with groundwater (e.g., as found during the initial response measures or investigations required under this section);

(iv) The department requests an investigation based on the potential threats of contaminated soil or groundwater on nearby surface water and groundwater resources;

(v) Owners and/or operators shall submit the information collected under this section in accordance with a schedule established by the administrator.

(f) Corrective Action Plan (CAP).

(i) Any owner and/or operator, the department, or other person, taking a corrective action required by this regulation, shall restore the environment to a condition and quality consistent with the standards established in Sections 38 and 39.

(ii) At any point after reviewing the information submitted in compliance with Sections 24 through 26, the department may require owners and/or operators to submit additional information, or to develop and submit a CAP for responding to contaminated soils and groundwater. If a plan is required, owners and/or operators shall submit the plan according to a schedule and format established by the department. Alternatively, owners and/or operators may, after fulfilling the requirements of Sections 24 through 26, choose to submit a CAP for responding to contaminated soil and groundwater. In either case, owners and/or operators are responsible for submitting a plan that provides for adequate protection of human health and/or restoration of the environment, as determined by the department, and shall modify their plan as necessary to meet the requirements of this regulation.

(A) The department will authorize and issue applicable department permits for the CAP only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment, and the plan is in compliance with other applicable department rules and regulations. In making this determination, the department will consider the following factors:

(I) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;

(II)The hydrogeologic characteristics of the facility and the surrounding area;

(III) The proximity, quality, and current and future uses of nearby surface water and groundwater;

(IV)The potential effects of residual contamination on nearby surface water and groundwater;

(V) An exposure assessment; and

(VI) Any information assembled in compliance with this section.

(B) Upon authorization and issuance of applicable department permits for the CAP, owners and/or operators shall implement the plan, including modifications to the plan made by the department. They shall monitor, evaluate, and report the results of implementing the plan in accordance with the schedule and a format established by the department.

(C) Owners and/or operators may, in the interest of minimizing environmental contamination, remediating an imminent health and/or safety hazard, and promoting more effective cleanup, begin cleanup of soil and groundwater before the CAP is authorized and permitted by the department provided that they:

(I) Notify the department of their intention to begin cleanup;

(II) Comply with any conditions imposed by the department, including halting cleanup or mitigating adverse consequences from cleanup activities; and

(III) Incorporate these self-initiated cleanup measures in the CAP that is submitted to the department for authorization and permitting.

Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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