Idaho Admin. Code r. 58.01.02.852

Current through September 2, 2024

Section 58.01.02.852 - PETROLEUM RELEASE RESPONSE AND CORRECTIVE ACTION

01.Release Response. Upon confirmation of a petroleum release in accordance with Section 851 or after a release from the PST system is identified in any other manner, owners and operators shall perform the following initial response actions within twenty-four (24) hours:

a. Identify and mitigate fire, explosion and vapor hazards;

b. Take immediate action to prevent any further release of petroleum into the environment; and

c. Report the release to the Department.

02.Initial Abatement Measures. Unless directed to do otherwise by the Department, owners and operators shall perform the following abatement measures:

a. Remove as much of the petroleum from the leaking PST system as is necessary to prevent further release to the environment;

b. Visually inspect any above ground releases or exposed below ground releases and prevent further migration of the released substance into surrounding soils, surface water and ground water;

c. Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the PST site and entered into subsurface structures such as sewers or basements;

d. 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 operator shall comply with applicable state and local requirements.

03.Initial Site Characterization. Unless directed to do otherwise by the Department, owners and 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 in Subsection 852.02. This information shall include, but is not necessarily limited to the following:

a. Data on the nature and estimated quantity of release;

b. Data from available sources and/or site investigations concerning the following factors: surrounding populations, water quality, use and approximate location of wells potentially affected by the release, subsurface soil condition, locations of subsurface sewers, climatological conditions and land use; and

c. Data from measurements that assess the site for the presence of petroleum contamination including:

i. Measurements for the presence of a release where contamination is most likely to be present, unless the presence and source of the release have been confirmed in accordance with the site check required by Subsection 851.03.b. or the closure site assessments required by applicable federal, state, or local laws. Sample types, sample locations and analytical methods are subject to Department approval and shall be based on consideration of the nature of the petroleum, the type of backfill, depth to ground water and other factors appropriate for identifying the presence and source of the release; and

ii. Measurements to determine the presence of free product.

d. Within forty-five (45) days of release confirmation, or another time specified by the Department, owners and operators shall submit the information collected in compliance with Subsection 852.03 to the Department in a manner that demonstrates its applicability and technical adequacy to be reviewed as follows:

i. If the Department determines that the information shows that no further corrective action is required, owners and operators shall be notified accordingly.

ii. If the Department determines that the information shows petroleum contamination is limited to soils, owners and operators shall treat or dispose of contaminated soils in accordance with Department guidelines, and need not perform any further corrective action.

iii. If the Department determines that the information shows that any of the conditions in Subsections 852.05.a. through 852.05.c. exist, owners and operators shall comply with the requirements in Subsections 852.04 through 852.07.

04.Free Product Removal. At sites where investigations under Subsection 852.03.c.ii. indicate the presence of free product, owners and operators shall remove free product to the maximum extent practicable as determined by the Department while continuing, as necessary, any actions initiated under Subsections 852.01 through 852.03 or preparing for actions required under Subsections 852.05 and 852.06. In meeting the requirements of Subsection 852.04, owners and operators shall:

a. Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated areas 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;

b. Use abatement of free product migration as a minimum objective for the design of the free product removal system;

c. Handle any flammable products in a safe and competent manner to prevent fires or explosions; and

d. Unless directed to do otherwise by the Department, prepare and submit to the Department for review and approval, within forty-five (45) days after confirming a release, a free product removal report that provides at least the following information:

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

ii. The estimated quantity, type and thickness of free product observed or measured in wells, boreholes, and excavations;

iii. The type of free product recovery system used;

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

v. The type of treatment applied to, and the effluent quality expected from, any discharge;

vi. The steps that have been or are being taken to obtain necessary permits for any discharge; and

vii. The disposition of the recovered free product.

05.Investigations for Soil and Water Cleanup. If any of the conditions in Subsections 852.05.a. through 852.05.c. exist, and unless directed to do otherwise by the Department, owners and operators shall notify the Department and conduct investigations in accordance with Subsection 852.05.d. of the release, the release site, and the surrounding area possibly affected by the release in order to determine the full extent and location of soils contaminated by the petroleum release and the presence and concentrations of dissolved product contamination in the ground water or surface water:

a. There is evidence that ground water or surface water has been affected by the release such as found during release confirmation or previous corrective action measures;

b. Free product is found to need recovery in compliance with Subsection 852.04;

c. There is evidence that contaminated soils may affect nearby ground water, surface water or the public health and have not been treated or disposed of in accordance with Subsection 852.03.d.ii.

d. Unless determined otherwise by the Department, investigations conducted under this Subsection, 852.05, shall include, but are not necessarily limited to the following:

i. The physical and chemical characteristics of the petroleum product including its toxicity, persistence, and potential for migration;

ii. The type and age of the PST system, inventory loss, and type of containment failure;

iii. The hydrogeologic characteristics of the release site and the surrounding area;

iv. The background concentrations of contaminants in soil, surface water and ground water;

v. A site drawing, showing boring and monitoring well locations, nearby structures, under ground utilities, drainage ditches, streams, suspected locations of leakage, direction of ground water flow, and any domestic or irrigation wells within a one-fourth (1/4) mile radius of the site;

vi. Information on ownership and use of any well identified pursuant to Subsection 852.05.d.v.;

vii. Site borings and well logs and rationale for choosing drilling locations, and a description of methods and equipment used for all water and soil sampling;

viii. A description of contaminant stratigraphy with accompanying geologic cross-section drawings;

ix. A demonstration and description of the horizontal and vertical extent of contamination, free product thickness, modes and rate of contaminant transport, and concentrations of dissolved constituents in surface water and ground water;

x. The potential effects of residual contamination on nearby surface water and ground water; and

xi. A discussion of laboratory analytical methods and information pertaining to laboratory certification.

e. Owners and operators shall submit the information collected in investigating the release site in compliance with Subsection 852.05 for the Department's review and approval in accordance with a schedule established by the Department as provided in Subsection 852.07.

06.Corrective Action Plan. At any point after reviewing the information submitted in compliance with Subsections 852.01 through 852.05, the Department may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils, surface water and ground water. If a plan is required, owners and operators shall submit the plan according to a schedule and criteria established by the Department as provided in Subsection 852.07. Alternatively, owners and operators may, after fulfilling the requirements of Subsections 852.01 through 852.05, choose to submit a corrective action plan for responding to contaminated soil, surface water and ground water. In either case, owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment as determined by the Department, and shall modify their plan as necessary to meet the Department's standards.

a. The Department will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health and the environment. In making this determination, the Department should consider the following factors as appropriate:

i. The maximum contaminant levels for drinking water or other health-based levels for water and soil which consider the potential exposure pathway of the petroleum product;

ii. The physical and chemical characteristics of the petroleum product including its toxicity, persistence, and potential for migration;

iii. The hydrogeologic characteristics of the release site and the surrounding area;

iv. The proximity, quality, and current and future uses of nearby surface water and ground water;

v. The potential effects of residual contamination on nearby surface water and ground water; and

vi. Other information assembled in compliance with Section 851.

b. Upon approval of the corrective action plan or as directed by the Department, owners and operators shall implement the plan including modification to the plan made by the Department. Owners and operators shall monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and criteria established by the Department as provided in Subsection 852.07.

c. Owners and operators may, in the interest of minimizing environmental contamination and promoting more effective cleanup, begin cleanup of soil, surface water, and ground water before the corrective action plan is approved 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 corrective action plan that is submitted to the Department for approval.

07.Compliance. If the Department determines that any of the conditions in 852.05.a. through 852.05.c. exist, owners and operators shall be given an opportunity to enter into a consent order with the Department.

a. The Department shall send owners and operators a consent order that sets forth at least the following:

i. A schedule for owners and operators to submit the information collected in investigating the release site in compliance with Subsection 852.05.

ii. A schedule for owners and operators to submit, and a criteria for, a corrective action plan in compliance with Subsection 852.06.

iii. A schedule for the Department to review, modify, and approve the site release investigation and corrective action plan.

iv. A schedule and criteria for owners and operators to implement a corrective action plan, and monitor, evaluate, and report the results of implementing the corrective action plan.

b. Owners and operators shall be given thirty (30) days from receipt of the consent order in which to reach an agreement with the Department regarding the terms of the consent order.

c. If owners and operators cannot reach an agreement with the Department within thirty (30) days, the Department shall establish a schedule and criteria with which owners and operators shall comply in order to meet the requirements of Subsections 852.05 and 852.06.

Idaho Admin. Code r. 58.01.02.852

Effective March 31, 2022