Section 0400-18-01-.05 - RELEASE REPORTING, INVESTIGATION AND CONFIRMATION(1) Reporting Of Suspected Releases. (a) Owners and/or operators of UST systems shall report to the division within 72 hours and follow the procedures in paragraph (3) of Rule 0400-18-01-.05 for any of the following conditions: 1. The discovery by owners and/or operators or others of released petroleum at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water).2. Unusual operating conditions observed by owners and/or operators (such as the erratic behavior of petroleum dispensing equipment, the sudden loss of petroleum from the UST system, or an unexplained presence of water in the tank, or liquid in the interstitial space of secondary contained systems), unless:(i) The system equipment or component is found not to be releasing petroleum into the environment;(ii) Any defective system equipment or component is immediately repaired or replaced; and(iii) For secondarily contained systems any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed.3. Monitoring results, including investigation of an alarm, from a release detection method required under paragraph (2) of Rule 0400-18-01-.04 that indicate a release may have occurred unless: (i) The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring within 30 days does not confirm the initial result;(ii) The leak is contained in the secondary containment and conditions of subparts 2.(ii) and (iii) of this subparagraph are met;(iii) The investigation determines no release has occurred; or(iv) The alarm was investigated and determined to be a non-release event (for example, from a power surge caused by filling the tank during release detection testing).(b) In order for the tank owner, tank operator or petroleum site owner to receive reimbursement from the fund, an Application for Fund Eligibility shall be filed within 90 days of the discovery of evidence of a suspected release which is subsequently confirmed in accordance with this rule.(c) To determine the applicable deductible amount pursuant to part (6)(b)7. of Rule 0 40018-01-.09, a tank owner or operator or petroleum site owner shall submit documentation demonstrating compliance with the rules listed in subparts (6)(b)7.(i) through (iii) of Rule 0400-18-01-.09 within 30 days following the Division's request for such documentation.(2) Investigation due to environmental impacts. When required by the Division, owners and/or operators of UST systems shall follow the procedures in paragraph (3) of this rule to determine if the UST system is the source of environmental impacts. These impacts include the discovery of petroleum escaping from the UST system, associated containment devices, or any component of a tank, line, dispenser, meter, or line leak detector, not designed for the purpose of dispensing petroleum as well as the discovery of petroleum in the environment (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface and drinking waters) that has been observed by the Division or brought to its attention by another party.
(3) Release Investigation and Confirmation Steps. Unless corrective action is initiated in accordance with Rule 0400-18-01-.06, owners and/or operators shall immediately investigate and confirm all suspected releases of petroleum requiring reporting under paragraph (1) of this rule within 30 days in accordance with this paragraph.
(a) System test. Owners and/or operators shall conduct tests (according to the requirements for tightness testing in subparagraphs (3)(b) and (4)(b) of Rule 0400-18-01-.04 or, as appropriate, secondary containment testing described in subparagraph (7)(d) of Rule 0400-18-01-.02 ).
1. The test must determine whether: (i) A leak exists in that portion of the tank that routinely contains petroleum, or the attached delivery piping, or(ii) A breach of either wall of the secondary containment has occurred.2. If the system test confirms a leak into the interstice or a release, owners and/or operators shall repair, replace or close the UST system, and begin corrective action in accordance with Rule 0400-18-01-.06 if the test results for the system, tank, or delivery piping indicate that a release exists.3. Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release.4. Owners and/or operators shall conduct a site check as described in subparagraph (b) of this paragraph if the test results for the system, tank, and delivery piping do not indicate that a release exists but environmental contamination is the basis for suspecting a release.(b) Site check. Owners and/or operators shall measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and/or operators must consider the nature of the stored petroleum, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release.
1. If the test results for the excavation zone or the UST site indicate that a release has occurred, owners and/or operators must begin corrective action in accordance with Rule 0400-18-01-.06;2. If the test results for the excavation zone or the UST site do not indicate that a release has occurred, further investigation is not required.(c) Field activities and environmental data. During the course of the release investigation and confirmation activities in subparagraphs (a) and (b) of this paragraph, a tank owner and/or operator shall comply with the following:
1. Tank owners and/or operators shall notify the Division at least one (1) working day in advance of systems test or site check activities.2. Soil borings and/or monitoring wells shall be drilled, converted to monitoring wells and/or abandoned in accordance with guidance provided by the division.3. Environmental samples. (i) Samples shall be collected, labeled, handled, and transported in accordance with guidance and instructions provided by the Division. Samples shall satisfy any requirements specific to the required laboratory method that is used to analyze the samples.(ii) Samples shall be analyzed using a method recognized by the United States Environmental Protection Agency or another method that has been approved by the division prior to the analysis.(iii) Sample analysis reports submitted to the Division shall be original documents unless otherwise specified by the division. Such reports shall include, but not be limited to, the following information:(I) The facility identification number assigned to the UST facility by the Division;(II) The sampling point, including depth and the unique combination of letters or numbers assigned to the boring or monitoring well at the time that boring or well was installed;(III) The sample collection date;(IV) The date the sample analysis was completed;(V) The analytical method, including the detection limit for the method, utilized to analyze the sample;(VI) The dilution factor used on the sample; and(VII) The analytical results expressed as a concentration of the chemical(s) of concern.(4) Reporting And Cleanup Of Spills And Overfills.(a) Owners and/or operators of UST systems shall contain and immediately clean up a spill or overfill and report to the Division within 72 hours and begin corrective action if a spill or overfill of petroleum results in a release to the environment that exceeds 25 gallons or that causes a sheen on nearby surface water; or(b) Owners and operators of UST systems shall contain and immediately clean up a spill or overfill of petroleum that is less than 25 gallons. If cleanup cannot be accomplished within 72 hours owners and/or operators must immediately notify the Division.Tenn. Comp. R. & Regs. 0400-18-01-.05
Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective October 13, 2018. Amendments filed March 17, 2021; effective 6/15/2021.Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.