Current through September 21, 2024
(a)
When a
MSA is Required. MSAs are utilized to determine whether a regulated
substance has been released from a storage tank system and, if so, to determine
if soil and/or ground water contamination is present in exceedance of
applicable standards. The MSA results will determine the site's eligibility for
the corrective action fund. MSAs are required when any of the following
conditions are met:
(i) Unless the site is
already listed as a contaminated site, all owners and/or operators of regulated
ASTs shall, by October 1, 2007, provide a MSA to the department. This MSA shall
be done at the owners and/or operators expense and shall meet all of the
requirements of this part.
(ii)
Unless the site is already listed as a contaminated site, all UST owners and/or
operators which have not previously performed a MSA shall perform a MSA. This
MSA shall be performed no sooner than eighteen (18) years, and no later than
twenty (20) years, after the tanks were installed, at the owners and/or
operators expense. This requirement applies to all USTs installed after
September 22, 1988.
(iii) After the
effective date of this chapter, owners and/or operators who remove storage
tanks without obtaining the required department inspection shall complete a MSA
at their own expense and within forty-five (45) days of the tank
removal.
(iv) After the effective
date of this chapter, owners and/or operators who change the use of a regulated
tank to a non-regulated use in accordance with Section 31 of this chapter, or
change the use of a non-regulated tank to a regulated use shall complete a MSA
at their own expense and within forty-five (45) days of the change of
use.
(v) Any owner and/or operator
of a storage tank system which was abandoned prior to the program and who now
elects to participate in the state program, shall:
(A) Provide written documentation that the
site actually had a storage tank system at some time;
(B) In the case where the storage tank was an
AST, provide documentary evidence that the storage tank was used to dispense
gasoline and diesel fuels to the public;
(C) Complete an MSA in accordance with this
part and prove that the site has been contaminated by a storage tank system;
and
(D) Pay one year's storage tank
fee for all storage tanks on the site at the time of the initial site
registration. If all of the tanks were removed and it is not possible to
determine how many storage tanks were on the site, pay the fee for one
tank.
(vi) Owners of
former storage tank sites that are not on the contaminated site list shall
perform a MSA any time that soil and/or ground water contamination is
discovered on the property or adjacent properties.
(vii) A MSA shall be accomplished by an owner
and/or operator before permanently closing a storage tank in place in
accordance with the procedures contained in this part.
(b)
MSA Work Plan. At least
thirty (30) days prior to performing a MSA, the owner and/or operator shall
submit a Work Plan to the appropriate Water Quality Division Storage Tank
Program District Office for review and approval. The department will review the
work plan to insure that the proposed MSA will meet the requirements of this
part. The Work Plan shall include at least the following information:
(i) Facility name, address and identification
number, if applicable.
(ii) Name,
address and telephone of person(s) who will be conducting the MSA;
(iii) Number of storage tanks, whether they
are AST or UST, and how many are regulated versus unregulated;
(iv) Description of MSA methodology to be
utilized for storage tanks and connected piping, including borehole and/or soil
excavation installation and closure and monitor well installation and closure,
equipment decontamination, contaminated soil and ground water
disposal;
(v) Soil and ground water
Sampling and Analysis Plan, including proposed sample collection and shipment
protocols and analytical methods. ;
(vi) A plan map showing the location of
property lines, drainages, buildings, tanks, connected piping and proposed
boreholes/monitor wells and/or soil excavations. All maps shall be to scale and
provide a north arrow.
(c)
MSA Performance and Information
Requirements.
(i) The MSA shall be
inclusive for all storage tanks located on a site.
(ii) MSAs for Storage Tanks.
(A) The MSA for storage tanks shall consist
of boreholes and/or soil excavations accomplished within five (5) horizontal
feet of the UST basin or AST secondary containment structure. For USTs, these
boreholes/ soil excavations shall extend to a minimum of three (3) feet below
the bottom of the tank. For ASTs, the boreholes or soil excavations shall
extend to a minimum of fifteen (15) feet below the bottom of the AST. USTs with
secondary containment shall have the above distances measured from the outside
and bottom of the secondary containment.
(B) To the extent possible, the
boreholes/soil excavations shall surround the tank area and provide an adequate
representation of any potential contamination that may have been released from
the storage tank system(s). The total number and locations of the boreholes or
soil excavations will vary dependant upon the number of storage tanks and the
total storage tank capacity at any location.
(C) Whenever a groundwater table is
encountered, the depth of the borehole or soil excavation shall be accomplished
to a depth necessary to provide for the collection of a groundwater
sample.
(iii) MSAs for
Connected Piping and dispensers. The MSA for connected piping shall consist of
boreholes or soil excavations accomplished within three (3) horizontal feet of
the piping and shall extend to a minimum of three (3) feet below the bottom of
the piping. For dispensers, boreholes or soil excavations shall extend to ten
(10) feet below the bottom of the dispenser sump. The total number and
locations of the boreholes or soil excavations will vary dependant upon the
length of the piping and the number of dispensers.
(iv) Borehole/Soil Excavation Completion Requirements.
(A) Either borehole drilling or soil
excavation are acceptable techniques for accomplishing the MSA as long as the
results meet the purpose of the MSA in (a) above. The particular MSA technique
shall be proposed in the work plan for review and approval by the
department.
(B) For boreholes, at
least one borehole shall be advanced to the ground water table or a maximum of
thirty (30) feet below ground surface, whichever is first. At least one
borehole shall be completed as a monitor well whenever groundwater is
encountered during the drilling. For soil excavations, the maximum excavation
depth shall be fifteen (15) feet below ground surface.
(C) An accurate log of subsurface conditions
shall be provided for all boreholes and/or soil excavations. This documentation
shall be provided by a person qualified and experienced to describe soils based
on the Unified Soil Classification System.
(D) All boreholes shall be abandoned in
accordance with the approved work plan. Shallow boreholes that do not penetrate
the ground water table may be abandoned with uncontaminated drill cuttings to
within two (2) feet of the surface. The upper two (2) feet of the borehole
shall consist of a hydrated bentonite plug. All other boreholes shall be
abandoned with a bentonite slurry from the bottom of the borehole up.
(E) Soil excavations shall be closed in
accordance with the approved work plan.
(v) Monitor Wells.
(A) All boreholes that penetrate the ground
water table shall be completed as monitor wells or abandoned in accordance with
this part and the approved work plan.
(B) Any monitor wells installed as part of a
MSA are exempt from the requirements of Chapter 11, Part G, Wyoming Water
Quality Rules and Regulations.
(C)
All monitor wells shall be constructed in accordance with the approved work
plan and the issued State Engineer's permit. Monitor wells shall be capable of
providing a representative sample of formation ground water for chemical
analysis.
(D) All monitor wells
shall be abandoned in accordance with the approved work
plan.
(vi) Soil
Sampling.
(A) All borehole and/or soil
excavation samples shall be collected in a manner to ensure that the soil
collected is representative of the in-place soil at the sampling
location.
(B) Based on field
instrument measurements, the most heavily contaminated soil sample will be
properly packaged and submitted to a chemical laboratory for analysis. If field
instrument measurements do not indicate a contaminated soil layer, the soil
sample submitted to the laboratory shall be from three (3) feet below the base
of the storage tank or the connected piping and dispenser.
(vii) Ground water Sampling.
(A) Ground water samples shall be collected
in accordance with the approved work plan and in a manner that ensures that the
samples are representative of the in-place formation ground water.
(B) All ground water samples shall be
properly preserved and packaged prior to submitting to the analytical
laboratory.
(d)
Documented contamination. Any
contamination documented during this MSA process requires the owner of the
contaminated site and/or the owner and/or operator of the storage tanks to
implement Part E of this chapter, if the storage tank system is currently in
use.
(e)
MSA
Report. Within forty-five (45) days after the completion of the MSA,
the owner and/or operator shall submit two (2) copies of a summary report of
the MSA to the department on a form provided by the department or a
consultant's report which at a minimum includes the following information:
(i) Facility name, address and ID number ,
owners name and address and name of person(s) performing the MSA;
(ii) Date assessment was
accomplished;
(iii) Storage tank(s)
information, including tank number, capacity, regulated substance stored and
depth to top and bottom of tank(s);
(iv) Borehole and/or soil excavation
information, including borehole/soil excavation identification, total depth,
depth to ground water and description of soils and/or ground water;
(v) Discussion of any contamination noting
depths encountered or lack of contamination discovered;
(vi) All analytical results.
(vii) Plan map of the location indicating
structures, drainages, property lines, location of boreholes or soil
excavations, monitor wells tank(s), piping and dispensing pumps. Drawings shall
include title, north arrow and scale;
The summary report shall be submitted to the appropriate
Water Quality Division Storage Tank Program District Office for review and
approval.