Part V. Release Reporting, Investigation, and Confirmation
9VAC25-580-190. Reporting of suspected releases.
Owners and operators of UST systems must report to the department within 24 hours and follow the procedures in 9VAC25-580-210 for any of the following conditions:
1. The discovery by owners and operators or others of released regulated substances 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 operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, an unexplained presence of water in the tank, or liquid in the interstitial space of secondarily contained systems), unless:
a. The system equipment or component is found not to be releasing regulated substances to the environment;
b. Any defective system equipment or component is immediately repaired or replaced; and
c. For secondarily contained systems, except as provided for in subdivision 7 b (4) of 9VAC25-580-160, 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 9VAC25-580-140 and 9VAC25-580-150 that indicate a release may have occurred unless:
a. The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result;
b. The leak is contained in the secondary containment and:
(1) Except as provided for in subdivision 7 b (4) of 9VAC25-580-160, any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed; and
(2) Any defective system equipment or component is immediately repaired or replaced;
c. In the case of inventory control, described in subdivision 1 of 9VAC25-580-160, a second month of data or in the case of manual tank gauging, a second week or month as prescribed in the chart under subdivision 2 d of 9VAC25-580-160 does not confirm the initial result or the investigation determines no release has occurred; or
d. The alarm was investigated and determined to be a nonrelease event (for example, from a power surge or caused by filling the tank during release detection testing).
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts 280 and 281.
Historical Notes
Derived from VR680-13-02 § 5.1, eff. October 25, 1989; amended, Virginia Register Volume 34, Issue 1, eff. January 1, 2018; Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-580-200. Investigation due to off-site impacts.
When required by the department, owners and operators of UST systems must follow the procedures in 9VAC25-580-210 to determine if the UST system is the source of off-site impacts. These impacts include the discovery of regulated substances (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and state waters) that has been observed by the department or brought to its attention by another party.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts 280 and 281.
Historical Notes
Derived from VR680-13-02 § 5.2, eff. October 25, 1989; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-580-210. Release investigation and confirmation steps.
Unless corrective action is initiated in accordance with Part VI (9VAC25-580-230 et seq.) of this chapter, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under 9VAC25-580-190 within seven days, or another reasonable time period specified by the department upon written request made and approved within seven days after reporting of the suspected release.
The following steps are required for release investigation and confirmation:
1. System test. Owners and operators must conduct tests (according to the requirements for tightness testing in subdivision 3 of 9VAC25-580-160 and subdivision 2 of 9VAC25-580-170) or, as appropriate, secondary containment testing described in subdivision 4 of 9VAC25-580-110.
a. The test must determine whether:
(1) A leak exists in that portion of the tank that routinely contains product or in the attached delivery piping; or
(2) A breach of either wall of the secondary containment has occurred.
b. If the system test confirms a leak into the interstice or a release, owners and operators must repair, replace, upgrade, or close the UST system. In addition, owners and operators must begin corrective action in accordance with Part VI of this chapter if the test results for the system, tank, or delivery piping indicate that a release exists.
c. 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.
d. Owners and operators must conduct a site check as described in subdivision 2 of this section 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.
2. Site check. Owners and operators must 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 operators must consider the nature of the stored substance, 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. Samples shall be tested according to established EPA analytical methods or methods approved by the department.
a. If the test results for the excavation zone or the UST site indicate that a release has occurred, owners and operators must begin corrective action in accordance with Part VI of this chapter.
b. 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.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts 280 and 281.
Historical Notes
Derived from VR680-13-02 § 5.3, eff. October 25, 1989; amended, Virginia Register Volume 34, Issue 1, eff. January 1, 2018; Errata, 34:4 VA.R. 504 October 16, 2017; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-580-220. Reporting and cleanup of spills and overfills.
A. Owners and operators of UST systems must contain and immediately clean up a spill or overfill and report to the department within 24 hours and begin corrective action in accordance with Part VI of this chapter in the following cases:
1. Spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons or that causes a sheen on nearby surface water; and
2. Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under CERCLA (40 CFR Part 302).
B. Owners and operators of UST systems must contain and immediately clean up a spill or overfill of petroleum that is less than 25 gallons and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within 24 hours owners and operators must immediately notify the department.
NOTE: Pursuant to 40 CFR §§ 302.6 and 355.40, a release of a hazardous substance equal to or in excess of its reportable quantity must also be reported immediately (rather than within 24 hours) to the National Response Center under §§ 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 (42 USC §§ 9602 and 9603) and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts 280 and 281.
Historical Notes
Derived from VR680-13-02 § 5.4, eff. October 25, 1989; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.