Part VI. Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
9VAC25-580-230. General.
Owners and operators of petroleum or hazardous substance UST systems must, in response to a confirmed release from the UST system, comply with the requirements of this part except for USTs excluded under subsection B of 9VAC25-580-20 and UST systems subject to RCRA Subtitle C corrective action requirements under § 3004(u) of the Resource Conservation and Recovery Act, as amended.
Statutory Authority
§§ 62.1-44.15(10) and 62.1-44.34:9 of the Code of Virginia.
Historical Notes
Derived from VR680-13-02 § 6.1, eff. October 25, 1989.
9VAC25-580-240. Initial response.
Upon confirmation of a release in accordance with 9VAC25-580-210 or after a release from the UST system is identified in any other manner, owners and operators must perform the following initial response actions within 24 hours of a release:
1. Report the release to the department (e.g., by telephone or electronic mail);
2. Take immediate action to prevent any further release of the regulated substance into the environment; and
3. Identify and mitigate fire, explosion, and vapor hazards.
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 § 6.2, eff. October 25, 1989; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-580-250. Initial abatement measures and site check.
A. Unless directed to do otherwise by the department, owners and operators must perform the following abatement measures:
1. Remove as much of the regulated substance from the UST system as is necessary to prevent further release to the environment;
2. Visually inspect any aboveground releases or exposed belowground releases and prevent further migration of the released substance into surrounding soils and groundwater;
3. Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures (such as sewers or basements);
4. 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 must comply with applicable state and local requirements;
5. 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 subdivision 2 of 9VAC25-580-210 or the closure site assessment of subsection A of 9VAC25-580-330. In selecting sample types, sample locations, and measurement methods, the owner and operator must 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. Samples shall be tested according to established EPA analytical methods or methods approved the department; and
6. Investigate to determine the possible presence of free product, and begin free product removal as soon as practicable and in accordance with 9VAC25-580-270.
B. Within 20 days after release confirmation, or within another reasonable period of time determined by the department upon written request made and approved within 20 days after release confirmation, owners and operators must submit a report to the department summarizing the initial abatement steps taken under subsection A of this section and any resulting information or data.
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 § 6.3, eff. October 25, 1989; amended, Virginia Register Volume 34, Issue 1, eff. January 1, 2018; Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-580-260. Site characterization.
A. Owners and operators must 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 9VAC25-580-230 and 9VAC25-580-240. This information must include, but is not necessarily limited to, the following:
1. Data on the material released and the estimated quantity of release;
2. Data from available sources or site investigations concerning the following:
a. Site assessment to include: data on the physical/chemical properties of the contaminant; nature and quantity and extent of the release; evidence that free product is found to need recovery; geologic/hydrologic site characterization; current and projected land/water uses; water quality; subsurface soil conditions; evidence that contaminated soils are in contact with the groundwater; locations of subsurface conduits (e.g., sewers, utility lines, etc.); and climatological conditions. Samples collected for this site characterization shall be tested according to established EPA analytical methods or methods approved by the department;
b. Risk (exposure) assessment to include: evidence that wells of the area have been affected; use and approximate locations of wells potentially affected by the release; identification of potential and impacted receptors; migration routes; surrounding populations; potential for additional environmental damage;
c. Remediation assessment to include: potential for remediation and applicability of different remediation technologies to the site.
3. Results of the site check required under subdivision A 5 of 9VAC25-580-250; and
4. Results of the free product investigations required under subdivision A 6 of 9VAC25-580-250, to be used by owners and operators to determine whether free product must be recovered under 9VAC25-580-270.
B. Within 45 days of release confirmation or another reasonable period of time determined by the department upon written request made and approved within 45 days after release confirmation, owners and operators must submit the information collected in compliance with subsection A of this section to the department in a manner that demonstrates its applicability and technical adequacy, or in a format and according to the schedule required by the department.
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 § 6.4, eff. October 25, 1989; amended, Virginia Register Volume 34, Issue 1, eff. January 1, 2018; Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-580-270. Free product removal.
At sites where investigations under subdivision A 6 of 9VAC25-580-250 indicate the presence of free product, owners and operators must remove free product to the maximum extent practicable as determined by the department while continuing, as necessary, any actions initiated under 9VAC25-580-240 through 9VAC25-580-260, or preparing for actions required under 9VAC25-580-280. In meeting the requirements of this section, owners and operators must:
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; and
4. Unless directed to do otherwise by the department, prepare and submit to the department within 45 days after confirming a release a free product removal report that provides at least the following information:
a. The name of the persons responsible for implementing the free product removal measures;
b. The estimated quantity, type, and thickness of free product observed or measured in wells, bore holes, 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. The steps that have been or are being taken to obtain necessary permits for any discharge; and
g. The disposition of the recovered free product.
Statutory Authority
§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia, and 40 CFR Parts 280 and 281.
Historical Notes
Derived from VR680-13-02 § 6.5, eff. October 25, 1989; amended, Virginia Register Volume 20, Issue 12, eff. March 24, 2004; Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-580-280. Corrective action plan.
A. At any point after reviewing the information submitted in compliance with 9VAC25-580-240, 9VAC25-580-250, and 9VAC25-580-260, 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 and groundwater. If a plan is required, owners and operators must submit the plan according to a schedule and format established by the department. Alternatively, owners and operators may, after fulfilling the requirements of 9VAC25-580-240, 9VAC25-580-250, and 9VAC25-580-260, choose to submit a corrective action plan 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 must modify their plan as necessary to meet this standard.
B. In conjunction with the information provided under subdivision A 2 of 9VAC25-580-260 (site assessment, risk (exposure) assessment, and remediation assessment), the corrective action plan must include the following information:
1. Detailed conceptual design including narrative description of technologies and how they will be applied at the site;
2. Projected remediation end points/degree of remediation;
3. Schedule of project implementation;
4. Schedule to achieve projected end points;
5. Operational and post-operational monitoring schedules (to include data submittals);
6. Proposed disposition of any wastes and discharges (if applicable);
7. Actions taken to obtain any necessary federal, state and local permits to implement the plan; and
8. Proposed actions to notify persons directly affected by the release or the planned corrective action.
C. The department will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment. In making this determination, the department will consider the following factors as appropriate:
1. The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;
2. The hydrogeologic characteristics of the facility and the surrounding area;
3. The proximity, quality, and current and future uses of nearby surface water and groundwater;
4. The potential effects of residual contamination on nearby surface water and groundwater;
5. The site, risk (exposure), and remediation assessments as required by subdivision A 2 of 9VAC25-580-260; and
6. Any information assembled in compliance with this part.
D. Upon approval of the corrective action plan or as directed by the department, owners and operators must implement the plan, including modifications to the plan made by the department. They must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the department.
E. 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:
1. Notify the department of their intention to begin cleanup and obtain written approval to proceed with an agreed upon activity;
2. Comply with any conditions imposed by the department, including halting cleanup or mitigating adverse consequences from cleanup activities; and
3. Incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the department for approval.
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 § 6.6, eff. October 25, 1989; amended, Virginia Register Volume 34, Issue 1, eff. January 1, 2018; Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-580-290. (Repealed.)
Historical Notes
Derived from VR680-13-02 § 6.7, eff. October 25, 1989; repealed, Virginia Register Volume 20, Issue 12, eff. March 24, 2004.
9VAC25-580-300. Public participation.
A. For each confirmed release that requires a corrective action plan, the department will require the owner and operator to provide notice to the public by means designed to reach those members of the public directly affected by the release or 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 department must 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 department 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 department will require the owner and operator to give public notice that complies with subsection A of this section 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 department.
E. These public participation requirements do not supersede any public participation requirements of other regulations.
F. In the event the owner and operator have failed to give the required notice to the public, the department will provide such notice to the extent required by applicable federal law.
G. In those cases where the department implements the corrective plan, the department will provide such notice to the extent required by applicable federal law.
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 § 6.8, eff. October 25, 1989; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.