7 Colo. Code Regs. § 1101-14-5-4

Current through Register Vol. 47, No. 24, December 25, 2024

Section 7 CCR 1101-14-5-4 - No Further Action Request

The owner/operator may request a Tier I or Tier II No Further Action (NFA) for a release at any time when the conditions below are met. For all NFA requests, the owner/operator must demonstrate that contamination is at concentrations that are protective of human health and the environment at all POE(s), and that data collected confirms no foreseeable future risk according to the RBCA process.

Tier III and Tier IV NFA criteria will only be considered after corrective action measures have been implemented correctly based on the goals set forth in the corrective action plans submitted to OPS, contamination has been removed to the maximum extent practicable (MEP), OPS concurs that a Tier II NFA is not attainable, and all other NFA conditions are met. Public notice of the presence of off-site contamination will be provided based on Section 5-5.

(a) A Tier I NFA Request must meet the following criteria:

(1) All contaminants of concern for the release are below the Tier I RBSLs (as shown in Table 5-1).

(b) A Tier II NFA will be considered if a Tier I NFA cannot be met. The following criteria must be met for a petroleum release to be considered for a Tier II NFA:

(1) Impacted media concentrations are lower than SSTLs for the applicable exposure pathways;

(2) Point of compliance monitoring wells upgradient of the nearest POE are below the Tier I RBSLs; and

(3) Fate and transport modeling predicts that POEs will not become impacted in the future at concentrations above the Tier I RBSLs.

(c) Tier III NFA criteria establish conditions where COCs can remain above Tier I RBSLs at the facility property boundary (either leased property boundary or real property boundary) but not beyond an adjoining public roadway. The following criteria must be met for a petroleum release to be considered for Tier III NFA:.

(1) Contaminant removal, including LNAPL, to the MEP;

(2) The public roadway property boundary is the only impacted POE. Point of compliance locations must be established immediately upgradient of the opposite side of the public roadway;

(3) Present a summary of existing and planned construction activities along with an evaluation of how potential exposure pathways will be affected based on these activities;

(4) Post-remediation monitoring confirms the plume is stables or degrading;

(5) Fate and transport modeling predicts that POEs will not become impacted in the future at concentrations above the Tier I RBSLs; and

(6) Public notice of the presence of off-site contamination to the affected properties will be provided based on Section 5-5.

(d) Tier IV NFA criteria establish conditions where COCs can remain above Tier I RBSLs at off-site properties, irrespective of land use. The following criteria must be met for a petroleum release to be considered for Tier IV NFA:

(1) The facility property on which the petroleum release originated cannot have an active petroleum storage tank system. Exceptions to this may be granted by the Director on a case-by-case basis for newer secondarily contained petroleum storage tank systems that have been operating in compliance with regulations and have no reported petroleum releases.

(2) Contaminant removal, including LNAPL, to the MEP;

(3) The facility property boundary (either leased or real property boundary) is the only impacted POE(s) where COC concentrations may be above the Tier I RBSL;

(4) Point of compliance locations must be established immediately upgradient of the nearest POE to the property boundary;

(5) Present a summary of existing and planned site uses along with an evaluation of how potential exposure pathways will be affected based on the land use;

(6) Post-remediation monitoring confirms the plume is stable or degrading:

(7) Fate and transport modeling indicates the farthest property boundary will not become impacted in the future at concentrations above the Tier I RBSLs; and

(8) Public notice of the presence of off-site contamination to the affected properties will be provided based on Section 5-5.

Any release granted an NFA may be reopened if subsequent information indicates a change in exposure scenarios.

To reduce the potential risk of exposure to contamination, the owner/operator must contact OPS immediately if the property's function is modified for a different use and the new use does not include dispensing petroleum products. OPS cannot release the owner/operator from any liability that may be associated with any contamination at or from the site. See the Petroleum Guidance for additional information.

7 CCR 1101-14-5-4

37 CR 18, September 25, 2014, effective 10/15/2014

39 CR 18, September 25, 2016, effective 1/1/2017

40 CR 05, March 10, 2017, effective 5/1/2017

40 CR 07, April 10, 2017, effective 5/1/2017

41 CR 07, April 10, 2018, effective 5/1/2018

42 CR 04, February 25, 2019, effective 3/17/2019

47 CR 23, December 10, 2024, effective 1/1/2025