La. Admin. Code tit. 33 § XI-715

Current through Register Vol. 50, No. 9, September 20, 2024

Section XI-715 - Release Response and Corrective Action for UST Systems Containing Petroleum, Motor Fuel, or Hazardous Substances

A. Applicability. Owners and operators of petroleum, motor fuel, or hazardous substance UST systems shall, in response to a confirmed release from the UST system, comply with the requirements of this Section except for USTs excluded under LAC 33:XI.101.B and UST systems subject to the department's Hazardous Waste Regulations. Investigations and corrective actions required by this Section shall comply with LAC 33:I.Chapter 13, Risk Evaluation/Corrective Action Program.

B. Initial Response. When a release is confirmed in accordance with LAC 33:XI.711 or after a release from the UST system is identified in any other manner, owners and operators shall take the following initial response actions within 24 hours of the release.

1. Report the release to the department in accordance with LAC 33:I.3923.

2. Take immediate action to prevent any further release of the regulated substance into the environment.

3. Identify and mitigate fire, explosion, and vapor hazards.

C. Initial Abatement Measures and Site Check

1. Unless directed to do otherwise by the department, owners and operators shall perform the following abatement measures.

a. Remove as much of the regulated substance from the UST system as is necessary to prevent further release to the environment.

b. Visually inspect any aboveground releases or exposed belowground releases, and prevent further migration of the released substance into surrounding soils and groundwater.

c. Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that has migrated from the UST excavation zone 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 regulations and requirements.

e. Measure for the presence of a release where contamination is most likely to be present at the UST site, unless the presence and source of the release have been confirmed in accordance with the site check required by LAC 33:XI.711.A.2 or the closure site assessment required by LAC 33:XI.907.A. In selecting sample types, sample locations, and measurement methods, the owner and operator shall consider the nature of the stored substance, the type of backfill, depth to groundwater, and other factors as appropriate for identifying the presence and source of the release.

f. Investigate to determine the possible presence of free product, and begin removal of free product as soon as practicable and in accordance with LAC 33:XI.715.E.

g. If the UST system will not be permanently closed, the requirements outlined in LAC 33:XI.711.A.1 shall still be met.

2. Within 20 days after release confirmation or another reasonable period of time determined by the department in writing, owners and operators shall submit a report to the Office of Environmental Assessment summarizing the initial abatement steps taken under Paragraph C.1 of this Section and any resulting information or data.

D. Initial Site Characterization

1. 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 response and abatement measures described in Subsection A-C of this Section. 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 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;

c. results of the site check required under LAC 33:XI.715.C.1.e;

d. results of the free product investigations required under LAC 33:XI.715.C.1.f, to be used by owners and operators to determine whether free product shall be recovered under Subsection E of this Section; and

e. any other tests or investigations the department deems necessary to protect human health, the environment, and more particularly, the groundwaters and aquifers of the state.

2. Within 60 days of release confirmation or another reasonable period of time determined by the department in writing, owners and operators shall submit the information collected in compliance with Paragraph 1 of this Subsection to the Office of Environmental Assessment in a manner that demonstrates its applicability and technical adequacy, or in a format and according to the schedule required by the department.

E. Free Product Removal. At sites where investigations under Subparagraph C.1.f of this Section indicate the presence of free product, owners and operators shall remove free product to the maximum extent practicable as determined by the Office of Environmental Assessment, while continuing, as necessary, any actions initiated under Subsections B-D of this Section, or preparing for actions required under Subsections F-G of this Section. To meet the requirements of this Subsection, owners and operators shall take the following actions.

1. 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.

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

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

4. Unless directed to do otherwise by the department, prepare and submit to the Office of Environmental Assessment, within 45 days after confirming a release, a free product removal report that provides at least the following information:

a. the name(s) 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;

c. the type of free product recovery system used;

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. evidence that all permits or variances necessary for any discharges or emissions have been obtained; and

g. the disposition of the recovered free product.

F. Investigations for Soil and Groundwater Cleanup

1. 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 operators shall conduct investigations of the release, the release site, and the surrounding area possibly affected by the release under any of the following conditions:

a. evidence exists that the release has affected water wells (i.e., as found during release confirmation or previous corrective action measures);

b. free product needs to be recovered for compliance with LAC 33:XI.715.E;

c. evidence exists that contaminated soils may be in contact with groundwater (i.e., as found during conduct of the initial response measures or investigations required under LAC 33:XI.715.A-E);

d. the department requests an investigation on the basis of potential effects of contaminated soil or groundwater on nearby surface water and groundwater resources. Groundwater monitoring wells installed pursuant to this requirement shall be installed in accordance with all regulations administered by the Louisiana Department of Transportation and Development, or its successor agency.

2. Owners and operators shall submit the information collected under Paragraph 1 of this Subsection as soon as practicable or in accordance with a schedule established by the department.

G. Corrective Action Plan

1. At any point after reviewing the information submitted in compliance with Subsections B-D of this Section, the department may require owners and operators to submit additional information or to develop and submit a corrective action plan and schedule for responding to contaminated soils and groundwater. If a plan is required, owners and operators shall submit the plan according to a schedule and format established by the department. Alternatively, owners and operators, after fulfilling the requirements of Subsections B-D of this Section, may choose to submit a corrective action plan and schedule for responding to contaminated soil and groundwater. 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 plans as necessary to meet this standard.

2. The department will approve the corrective action plan and schedule only after ensuring that their implementation will adequately protect human health, safety, and the environment. In making this determination, the department's considerations shall include the following, as appropriate:

a. the physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;

b. the hydrogeologic characteristics of the facility and the surrounding area;

c. the proximity, quality, and current and future uses of nearby surface water and groundwater;

d. the potential effects of residual contamination on nearby surface water and groundwater;

e. an exposure assessment;

f. documentation of compliance with Paragraph H.1 of this Section; and

g. any information assembled in compliance with this Chapter.

3. Upon approval of the corrective action plan and schedule or as directed by the department, owners and 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 approved schedule in a format established by the department.

4. Owners and operators may, in the interest of minimizing environmental contamination and promoting more effective cleanup, begin cleanup of soil and groundwater before the corrective action plan is approved, provided that they:

a. notify the Office of Environmental Assessment of their intention to begin cleanup;

b. comply with any conditions the department imposes, including halting cleanup or mitigating adverse consequences from cleanup activities; and

c. incorporate these self-initiated cleanup measures in the corrective action plan submitted to the department for approval.

H. Public Participation

1. For each confirmed release that requires a corrective action plan, the responsible owner or operator shall provide notice to the public by means designed to reach those members of the public directly affected by the release and the planned corrective action. This notice may include, but is not limited to, public notice in local newspapers, block advertisements, public service announcements, letters to individual households, or personal contacts.

2. The department shall ensure that site release information and decisions concerning the corrective action plan are made available to the public for inspection upon request.

3. Before approving a corrective action plan, the department may hold a public meeting to consider comments on the proposed corrective action plan if sufficient public interest exists, or for any other reason.

4. The department shall give public notice that complies with Paragraph 1 of this Subsection if implementation of an approved corrective action plan does not achieve the established cleanup criteria in the plan, and the department is considering termination of that plan.

La. Admin. Code tit. 33, § XI-715

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 16:614 (July 1990), amended LR 17:658 (July 1991), amended by the Office of the Secretary, LR 24:2253 (December 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2559 (November 2000), LR 30:1677 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2172 (October 2007), amended by the Office of the Secretary, Legal Division, LR 38:2762 (November 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 432144 (11/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 441615 (9/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.