(1) General requirements. (a) Owners, operators, and/or other responsible parties of petroleum UST systems shall, in response to a confirmed release from a UST system, comply with the requirements of this rule.(b) Field activities and environmental data. During the course of responding to the release, conducting remediation, and/or managing risk, owners, operators, and/or other responsible parties of petroleum UST systems shall comply with the following:
1. Notice of Field Activities. (i) Owners, operators, and/or other responsible parties of petroleum UST systems shall notify the Division at least one working day in advance of any routine field activity. Routine field activities include, but are not limited to, placement of soil borings, construction of monitoring wells, sample collection events, field surveys, such as water use surveys or land use surveys, installation and/or start-up of treatment systems.(ii) Owners, operators, and/or other responsible parties of petroleum UST systems shall notify the division by no later than one working day after any non-routine field activity, such as emergency response 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.(2) Applicability. (a) This rule shall apply to all newly reported and/or discovered releases from petroleum underground storage tanks.(b) Unless directed otherwise by the Division, this rule shall apply to all previously reported releases from petroleum underground storage tanks. 1. Data which has previously been gathered shall be utilized by the owner, operator, and/or other responsible party of the petroleum UST system to comply with this rule, provided that such data is valid and is representative of the site. The fund shall not reimburse the owner, operator, and/or other responsible party of petroleum UST system for the cost of generating duplicate data.2. Any requirements of this rule that have not previously been satisfied, shall be satisfied by the owner, operator, and/or other responsible party of the petroleum UST system unless directed otherwise by the Division.(3) Initial Response. Upon confirmation of a release in accordance with paragraph (3) of Rule 0400-18-01-.05 or after a release from a UST system is identified in any other manner, the owner, operator, and/or other responsible party of the petroleum UST system shall, unless directed to do otherwise by the Division, perform the following initial response actions:
(a) Report the release to the Division within 72 hours (for example, by telephone, facsimile machine or electronic mail);(b) Take immediate actions to prevent any further release of the petroleum into the environment including, but not limited to:1. If the source of the release has not been determined and a systems test has not been performed under the authority of subparagraph (3)(a) of Rule 0400-18-01-.05, a systems test may be required by the division; if required, the test shall be conducted in accordance with subparagraphs (3)(b) and (4)(b) of Rule 0400-18-01-.04;2. Removing as much of the petroleum from the UST system as is necessary to prevent any further release;3. Taking the UST system out of service until piping or ancillary equipment associated with the release are replaced or repaired; and/or4. Preventing the placing of petroleum product into the leaking UST system;(c) Take immediate action to identify fire, explosion, and/or vapor hazards. Report and manage any hazards identified in accordance with paragraph (4) of this rule;(d) Visually inspect any aboveground releases or exposed belowground releases and prevent further migration of the petroleum into surrounding soils and/or groundwater;(e) Perform a water use survey in accordance with guidance provided by the division. All drinking water supplies, including both wells and springs, located within one-tenth mile of the petroleum site shall be investigated and sampled for the presence of a release. The Division may require additional investigation and sampling of drinking water supplies in the area, based on hydro-geological conditions or other physical characteristics in the area. Impacted drinking water shall be reported in accordance with subparagraph (4)(a) of this rule and addressed as required in part (4)(b)1. of this rule; and(f) In order for the owner, operator, and/or other responsible party of the petroleum UST system to receive reimbursement from the fund, an Application for Fund Eligibility shall be filed:1. Within 90 days of the discovery of evidence of a suspected release which is subsequently confirmed in accordance with Rule 0400-18-01-.05; or2. Within 60 days of a release which was identified in any manner other than the process for confirmation of a suspected release.(4) Hazard Management. When human health hazards, such as impacted drinking water, petroleum vapors, and/or free product are discovered in the vicinity of the petroleum site, the following actions shall be taken to manage such hazards:
(a) Notification. Report the discovery of impacted drinking water, petroleum vapors, free product, and/or other hazards to the Division within 72 hours using a Hazard Notification Report form established by the Division. The form shall be completed in accordance with guidance provided by the Division. The form may be submitted by facsimile machine or electronic mail.
(b) Abatement Measures. 1. Impacted Drinking Water. Upon discovery and/or confirmation of impacted drinking water, immediately provide an alternate drinking water supply to replace the impacted drinking water unless directed to do otherwise by the Division.(i) A temporary source of drinking water may be used in the short term to satisfy the requirement of this part, such as providing bottled water or installing a water filtration system. However, a proposal for providing a permanent source of alternate drinking water shall be supplied as required in subpart (ii) of this part unless otherwise directed by the Division.(ii) A proposal for providing a permanent source of potable drinking water, including a cost proposal, shall be submitted to the Division. The proposal shall be in a format established by the Division and shall recommend that one of the following methods be utilized: (I) Install a connection to a public water supply system;(II) Install a drinking water well into a deeper, non-impacted aquifer;(III) Restore the impacted aquifer utilizing active remediation measures; or(IV) Utilize another means of supplying a permanent source of potable drinking water.(iii) Upon approval by the Division of a proposal for providing a permanent source of potable drinking water, the owner, operator, and/or other responsible party of the petroleum UST system shall take such actions as are necessary to implement the approved proposal for providing a permanent source of potable drinking water.2. Vapor hazards. Upon discovery and/or confirmation of vapor hazards in a basement, sewer, utility, or other confined space, immediate actions shall be taken to eliminate the vapor hazard in that area unless directed to do otherwise by the Division.
(i) Vapor hazard control shall, at a minimum, prevent explosion and fire hazards as well as preventing the completion of a human health inhalation exposure pathway.(ii) After confirmation of a vapor hazard or potential hazard, vapor levels shall be monitored in accordance with guidance provided by the Division and in accordance with a schedule established by the Division.3. Free Product. (i) Upon confirmation of free product, interim free product removal measures shall be taken immediately to control the migration of the free product associated with recent releases or for free product present in excavations, unless directed to do otherwise by the Division.(ii) Free Product Investigation. The Division may require an investigation to be made in response to the discovery of free product at or in the vicinity of the petroleum site.
(I) Free Product Investigation Plan.I. If required by the Division, the Free Product Investigation Plan shall be submitted to the Division in a format and with guidance provided by the Division. The Free Product Investigation Plan shall be submitted in accordance with a schedule established by the Division. The plan shall include, but not be limited to: A. A proposal for monitoring well installation and placement; andII. Upon division approval of the Free Product Investigation Plan, the owner, operator, and/or other responsible party of the petroleum UST system shall implement the approved plan in accordance with the provisions of the plan.(II) Free Product Investigation Report. A report shall be prepared and submitted to the Division in a format and in accordance with a schedule established by the Division. Unless directed otherwise by the Division, the report shall include, but not be limited to the following:
II. The areal and vertical extent of free product;III. An estimation of the volume of free product; andIV. The feasibility of recovery of the free product.(iii) Based on the results of the Free Product Investigation Report required under the authority of subpart (ii) of this part, the Division may require an owner, operator, and/or other responsible party of the petroleum UST system to submit a Free Product Removal Plan (FPRP) in a format and in accordance with a schedule established by the Division. The FPRP shall be completed in accordance with guidance provided by the Division. Unless directed otherwise by the Division, the FPRP shall include, but not be limited to, the following: (I) Both the long term and the short term objectives of free product recovery at this site, for example, hydraulic containment, limited draw-down with limited smearing, or other objectives, as well as performance measures;(II) The design of the free product recovery system or systems, if two or more types of systems are to be used during the course of free product recovery, and a strategy for future integration of the free product recovery system(s) with any soil and/or groundwater treatment determined to be necessary;(III) An operation and maintenance schedule;(IV) Schedules for monitoring and reporting;(V) A list of actionable causes which would result in the re-evaluation of the continued need for and/or the redesign and/or termination of the free product recovery system;(VI) A schedule and conditions for post termination monitoring; and(iv) Upon approval of the Free Product Removal Plan, the owner, operator, and/or other responsible party of the petroleum UST system shall implement the approved plan in accordance with the provisions of the plan.(v) All reporting requirements contained in the plan shall be followed and the reports shall be submitted to the division in accordance with the schedule contained in the approved plan.4. Take appropriate actions, approved in advance by the division, to abate any other identified hazards.(c) Reporting. Owners, operators, and/or other responsible parties of petroleum UST systems shall submit a Hazard Management Report detailing the actions that have been taken to address the hazards discovered at or in the vicinity of the petroleum site. Hazard Management Reports shall be submitted in a format and in accordance with a schedule established by the Division and shall be completed in accordance with guidance provided by the Division. Such reports shall include, but not be limited to the following:
1. An Initial Response Hazard Management Report;2. An Impacted Drinking Water Hazard Management Report;3. A Vapor Hazard Management Report; and4. A Free Product Hazard Management Report.(5) Initial Site Characterization and Exposure Assessment. Unless directed to do otherwise by the Division, the owner, operator, and/or other responsible party of the petroleum UST system shall, in accordance with this paragraph, assess the characteristics of the site as well as the nature of the release and shall identify risk to human health, safety and the environment associated with the petroleum release.
(a) Site Assessment. 1. In accordance with guidance provided by the Division, the owner, operator, and/or other responsible party of the petroleum UST system shall conduct an assessment of the petroleum site by installing four soil borings completed as groundwater monitoring wells. The soil and the groundwater shall be sampled for laboratory evaluation to determine the presence and the levels of the chemicals of concern in each sample.2. If the owner, operator, and/or other responsible party of the petroleum UST system concludes that more than four soil borings and/or monitoring wells are necessary for site characterization and/or risk assessment, the owner, operator, and/or other responsible party of the petroleum UST system may submit a proposal. Such a proposal shall include a cost proposal and a justification statement for review and approval by the Division. This may be done during the initial site characterization or at any time subsequent thereto.3. The Division may require the installation of more than four soil borings and/or monitoring wells for site characterization and/or risk assessment. This may be done during the initial site characterization or at any time subsequent thereto.(b) Initial Site Characterization Report. A report shall be prepared and submitted to the Division in a format and in accordance with a schedule established by the Division. Data collection, risk analysis and report completion shall be done in accordance with guidance provided by the Division. The Initial Site Characterization Report shall include but not be limited to the following:
1. A site history, including the types of petroleum products stored, used and/or dispensed on the site, set forth in a chronology of site events;2. A release history, including any of the following that are known or can be obtained or determined:(i) The source of the release;(ii) The type(s) of petroleum product(s), including additives, released;(iii) Records of release detection conducted at the site that, at a minimum, include the 12 consecutive months immediately preceding the date of the release;(iv) The date of the release;(v) The volume of the release;(vi) The cause of the release; and(vii) Levels of chemicals of concern at or in the vicinity of the petroleum site;3. Petroleum site conditions, including, but not limited to, the following:(ii) Location of utilities;(iii) Land conditions, including current land use, both inside and outside of the facility property boundaries;(iv) Groundwater conditions and use, both inside and outside of the facility property boundaries, including the water use survey conducted in accordance with subparagraph (3)(e) of this rule; and(v) Surface water conditions, including current surface water use, both inside and outside of the facility property boundaries;4. Risk factors including, but not necessarily limited to, the following: (i) Current and reasonably anticipated receptors shall be identified and located on a site map. Receptors shall include, but not necessarily be limited to: (I) Human receptors: adult, child, residential, commercial/industrial worker;(III) Physical receptors, such as: drinking water wells and springs, buildings and basements, utilities, surface water; and(ii) Current and reasonably anticipated exposure pathways between the source area(s) and the identified receptors shall be identified. The exposure pathways shall include ingestion and inhalation; and5. A Risk Analysis Report (RAR) spreadsheet completed in accordance with guidance and instructions provided by the Division and using computational software provided by the Division. The RAR shall be used to determine cleanup levels, either Risk Based Cleanup Levels (RBCLs) or Site Specific Cleanup Levels (SSCLs), for the site based on risk to human health, safety and the environment.(6) Contamination Case Closure or No Further Action. If the maximum concentrations of the chemicals of concern at the site are at or below the RBCLs and/or the SSCLs for the site as determined in the Risk Analysis Report section of the Initial Site Characterization Report, then contamination case closure activites shall be completed in accordance with a schedule established by the Division and in accordance with guidance provided by the Division. Contamination case closure activities may include, but are not limited to, the following:
(b) Proper abandonment of monitoring wells; and/or(7) Consideration of Additional Corrective and/or Risk Management Measures. If the maximum concentrations of the chemicals of concern at the site are above the RBCLs and/or the SSCLs for the site as determined in the Risk Analysis Report section of the Initial Site Characterization Report, then it may be necessary to consider additional remediation and/or risk management measures such as those outlined in paragraphs (8) through (10) of this rule.
(a) If the owner, operator, and/or other responsible party of the petroleum UST system concludes that the use of specific additional measures will result in a more cost effective approach to case management and/or in faster contamination case closure, the owner, operator, and/or other responsible party of the petroleum UST system may submit a proposal. Such a proposal shall include a cost proposal and a justification statement.(b) If the Division concludes that the use of specific additional measures will result in a more cost effective approach to case management and/or in faster contamination case closure, the tank owner shall, at the direction of the Division, submit a proposal, including a cost proposal. However, an owner, operator, and/or other responsible party of the petroleum UST system who is not also the petroleum site owner shall not be required to establish institutional controls in accordance with subparagraph (8)(c) of this rule.(c) The cost of additional measures taken prior to division approval of a proposal will not be reimbursed by the fund.(8) Interim Remediation and/or Risk Management. In accordance with the provisions of paragraph (7) of this rule the Division may require or allow the owner, operator, and/or other responsible party of the petroleum UST system to take interim remediation and/or risk management measures. After taking any interim remediation action or risk management measure, the owner, operator, and/or other responsible party of the petroleum UST system shall reevaluate the risk in accordance with guidance provided by the Division. Interim remediation or risk management may include, but is not limited to:
(a) Source removal. 1. Source removal activities shall not spread contamination into previously uncontaminated or less contaminated areas through improper storage, improper treatment, untreated discharges, or improper disposal.2. Soil removal. The excavated soil shall be handled in a manner that prevents human exposure to contaminated soil and that prevents soil exposure to precipitation that may cause surface runoff. The excavation pit shall be secured in a manner that prevents accidental or intentional entry by the public;
(b) Risk reduction. Actions that eliminate or reduce risk include, but are not limited to, the following activities:
1. Supplying a permanent source of potable water to replace impacted drinking water; and/or2. Re-routing utility lines or replacing vulnerable portions of utility lines with materials that can withstand the impacts of petroleum;(c) Establishing institutional controls in accordance with the following: 1. A Notice of Land Use Restrictions, which satisfies the requirements of T.C.A. § 68-212-225, shall be filed in the register of deeds office in the appropriate county.2. The Notice of Land Use Restrictions may include, but is not limited to, restrictions on the current and future uses of the land, use of the property, current and future uses of groundwater, building, filling, grading and/or excavating; and/or(d) Employing engineering controls.(9) Advanced Risk-Based Modeling. In accordance with the provisions of paragraph (7) of this rule, the division may require or allow advanced risk based modeling:
(a) The owner, operator, and/or other responsible party of the petroleum UST system shall submit predictive modeling information in a format and in accordance with a schedule established by the Division and in accordance with guidance provided by the Division.(b) The modeling information shall be accompanied by or include a conclusion as to the course of action which should be taken to address the petroleum contamination at the site provided that such course of action takes into account both adequate risk management and cost effectiveness.(10) Corrective Action Plan. In accordance with the provisions of paragraph (7) of this rule, the Division may require or allow the owner, operator, and/or other responsible party of the petroleum UST system to submit a Corrective Action Plan (CAP).
(a) The CAP shall be in a format established by the Division and completed in accordance with guidance provided by the Division. The corrective action plan shall be submitted in accordance with a schedule established by the Division.(b) The Corrective Action Plan shall include, but not be limited to, the following:1. General requirements applicable to all Corrective Action Plans, unless the Division specifically instructs the owner, operator, and/or other responsible party of the petroleum UST system that certain requirements do not apply to the petroleum site. The general requirements shall include, but not be limited to, the following:(i) Corrective action system tasks, repairs, maintenance, record keeping, and/or evaluations;(ii) Performance measurement of site remediation;(iii) Monitoring events, monitoring tasks and/or monitoring results reporting; and(iv) Causes for modification and/or termination; and2. Site-specific requirements, which shall include, but not be limited to, the following:(i) The applicable site specific cleanup level for each chemical of concern in soil and/or groundwater;(ii) The proposed corrective action(s) for soil and/or groundwater remediation;(iii) A schedule for planned operation and maintenance as well as a contingency plan for unscheduled operation and maintenance activities;(iv) A cost proposal; and(v) Performance measures.(c) Upon approval of the Corrective Action Plan the owner, operator, and/or other responsible party of the petroleum UST system shall implement the approved plan in accordance with the provisions of the plan.(d) All reporting requirements contained in the plan shall be followed and the reports shall be submitted to the Division in accordance with the schedule contained in the approved plan.(11) Public participation. (a) For each confirmed release for which a Corrective Action Plan has been required or allowed, the owner, operator, and/or other responsible party of the petroleum UST system 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, publication in a state register, letters to individual households, or personal contacts by field staff.(b) The Division shall ensure that site release information and decisions concerning the Corrective Action Plan are made available to the public for inspection upon request.(c) Before approving a Corrective Action Plan, the Division may hold a public meeting to consider comments on the proposed corrective action plan if there is sufficient public interest, or for any other reason.(d) The owner, operator, and/or other responsible party of the petroleum UST system shall, at the direction of the Division, give public notice that complies with subparagraph (a) of this paragraph if implementation of an approved Corrective Action Plan does not achieve the established cleanup levels in the plan and termination of that plan is under consideration by the Division.Tenn. Comp. R. & Regs. 0400-18-01-.06
Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective 10/13/2018.Authority: T.C.A. §§ 4-5-201, et seq. and 68-215-101, et seq.