Petroleum Release Response And Corrective Action

01. Release Response. Upon confirmation of a petroleum release in accordance with Section 060 or after a release from the PST system is identified in any other manner, owners and operators must perform the following initial response actions within twenty-four (24) hours: (7-1-25) a. Identify and mitigate fire, explosion and vapor hazards; (7-1-25) b. Take immediate action to prevent any further release of petroleum into the environment; and (7-1-25) c. Report the release to the Department. (7-1-25) 02. Initial Abatement Measures. Unless directed to do otherwise by the Department, owners and operators must perform the following abatement measures: (7-1-25) a. Remove as much of the petroleum from the leaking PST system as is necessary to prevent further release to the environment; (7-1-25) b. Visually inspect any above ground releases or exposed below ground releases and prevent further migration of the released substance into surrounding soils, surface water and groundwater; (7-1-25) c. Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the PST site and entered into subsurface structures such as sewers or basements; and (7-1-25) 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 must comply with applicable state and local requirements. (7-1-25) 03. Initial Site Characterization. Unless directed to do otherwise by the Department, 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 Subsection 061.02. This information includes, but is not necessarily limited to the following data: (7-1-25) a. On the nature and estimated quantity of release; (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.24 Department of Environmental Quality Rules for Petroleum Release Corrective Action Section 061 Page 7 b. From available sources and site investigations concerning the following factors: surrounding populations, water quality, use and approximate location of wells potentially affected by the release, subsurface soil condition, locations of subsurface sewers, climatological conditions, and land use; and (7-1-25) c. From measurements that assess the site for the presence of petroleum contamination including measurements: (7-1-25) i. For the presence of a release where contamination is most likely to be present, unless the presence and source of the release have been confirmed in accordance with the site check described in Subsection 060.03.b. or the closure site assessments required by applicable federal, state, or local laws. Sample types, sample locations and analytical methods are subject to these rules and Department approval and will be based on consideration of the nature of the petroleum, the type of backfill, depth to groundwater, and other factors appropriate for identifying the presence and source of the release; and (7-1-25) ii. To determine the presence of free product. (7-1-25) d. Within forty-five (45) days of release confirmation, or another time specified by the Department, owners and operators must submit the information collected in compliance with Subsection 061.03 to the Department in a manner that demonstrates its applicability and technical adequacy to be reviewed as follows, if the Department determines that the information shows: (7-1-25) i. That no further corrective action is required, owners and operators will be notified accordingly; (7-1-25) ii. Contamination is limited to soils, owners and operators must treat or dispose of contaminated soils in accordance with Department guidelines, and need not perform any further corrective action; (7-1-25) iii. That any of the conditions in Subsections 061.05.a. through 061.05.c. exist, owners and operators must comply with the provisions in Subsections 061.04 through 061.07. (7-1-25) 04. Free Product Removal. At sites where investigations under Subsection 061.03.c.ii. 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 Subsections 061.01 through 061.03 or preparing for actions under Subsections 061.05 and 061.06. In meeting the provisions of Subsection 061.04, owners and operators must: (7-1-25) a. Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated areas 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; (7-1-25) b. Use abatement of free product migration as a minimum objective for the design of the free product removal system; (7-1-25) c. Handle any flammable products in a safe and competent manner to prevent fires or explosions; and (7-1-25) d. Unless directed to do otherwise by the Department, submit to the Department for review and approval, within forty-five (45) days after confirming a release, a free product removal report that provides at least the following information: (7-1-25) i. The name of the person(s) responsible for implementing the free product removal measures; (7-1-25) ii. The estimated quantity, type and thickness of free product observed or measured in wells, boreholes, and excavations; (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.24 Department of Environmental Quality Rules for Petroleum Release Corrective Action Section 061 Page 8 iii. The type of free product recovery system used; (7-1-25) iv. Whether any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located; (7-1-25) v. The type of treatment applied to, and the effluent quality expected from, any discharge; (7-1-25) vi. The steps that have been or are being taken to obtain necessary permits for any discharge; and (7-1-25) vii. The disposition of the recovered free product. (7-1-25) 05. Investigations for Soil and Water Cleanup. If any of the conditions in Subsections 061.05.a. through 061.05.c. exist, and unless directed to do otherwise by the Department, owners and operators must notify the Department and conduct investigations in accordance with Subsection 061.05.d. of the release, the release site, and the surrounding area possibly affected by the release in order to determine the full extent and location of soils contaminated by the petroleum release and the presence and concentrations of dissolved product contamination in the groundwater or surface water: (7-1-25) a. There is evidence that groundwater or surface water has been affected by the release such as found during release confirmation or previous corrective action measures; (7-1-25) b. Free product is found to need recovery in compliance with Subsection 061.04; (7-1-25) c. There is evidence that contaminated soils may affect nearby groundwater, surface water or the public health and have not been treated or disposed of in accordance with Subsection 061.03.d.ii. (7-1-25) d. Unless determined otherwise by the Department, investigations conducted under Subsection 061.05 are subject to these rules and include, but are not limited to: (7-1-25) i. The physical and chemical characteristics of the petroleum product including its toxicity, persistence, and potential for migration; (7-1-25) ii. The type and age of the PST system, inventory loss, and type of containment failure; (7-1-25) iii. The hydrogeologic characteristics of the release site and the surrounding area; (7-1-25) iv. The background concentrations of contaminants in soil, surface water and groundwater; (7-1-25) v. A site drawing, showing boring and monitoring well locations, nearby structures, underground utilities, drainage ditches, streams, suspected locations of leakage, direction of groundwater flow, and any domestic or irrigation wells within a one half (1/2) mile radius of the site; (7-1-25) vi. Information on ownership and use of any well identified pursuant to Subsection 061.05.d.v.; (7-1-25) vii. Site borings and well logs and rationale for choosing drilling locations, and a description of methods and equipment used for all water and soil sampling; (7-1-25) viii. A description of contaminant stratigraphy with accompanying geologic cross-section drawings; (7-1-25) ix. A demonstration and description of the horizontal and vertical extent of contamination, free product thickness, modes and rate of contaminant transport, and concentrations of dissolved constituents in surface water and groundwater; (7-1-25) x. The potential effects of residual contamination on nearby surface water and groundwater; and IDAHO ADMINISTRATIVE CODE IDAPA 58.01.24 Department of Environmental Quality Rules for Petroleum Release Corrective Action Section 061 Page 9 (7-1-25) xi. A discussion of laboratory analytical methods and information pertaining to laboratory certification. (7-1-25) e. Owners and operators must submit the information collected in investigating the release site in compliance with Subsection 061.05 for the Department's review and approval in accordance with a schedule established by the Department as provided in Subsection 061.07. (7-1-25) 06. CAP. At any point after reviewing the information submitted in compliance with Subsections 061.01 through 061.05, the Department may require owners and operators to submit additional information or to develop and submit a CAP for responding to contaminated soils, surface water and groundwater. If a CAP is required, owners and operators must submit the CAP according to a consent order or a schedule and criteria established by the Department as provided in Subsection 061.07. (7-1-25) a. The Department will approve the CAP only after ensuring that implementation of the plan will adequately protect human health and the environment. In making this determination, the Department will consider the following factors as appropriate: (7-1-25) i. The maximum contaminant levels for drinking water or other health-based levels for water and soil that consider the potential exposure pathway of the petroleum product; (7-1-25) ii. The physical and chemical characteristics of the petroleum product including its toxicity, persistence, and potential for migration; (7-1-25) iii. The hydrogeologic characteristics of the release site and the surrounding area; (7-1-25) iv. The proximity, quality, and current and future uses of nearby surface water and groundwater; (7-1-25) v. The potential effects of residual contamination on nearby surface water and groundwater; and (7-1-25) vi. Other information assembled in compliance with Section 060. (7-1-25) b. The CAP must include, but not be limited to, the following information as applicable: (7-1-25) i. Description of remediation standards, points of exposure, and points of compliance where remediation standards will be achieved; (7-1-25) ii. Description of remedial strategy and actions that will be taken to achieve the remediation standards; (7-1-25) iii. Current and reasonably anticipated future land use and use of on-site and immediately adjacent off- site groundwater and surface water; (7-1-25) iv. Activity and use limitations, if any, that will be required as part of the remedial strategy; (7-1-25) v. Proposed environmental covenants, developed to implement activity and use limitations, in accordance with Section 600; (7-1-25) vi. Estimated timeline for completion; (7-1-25) vii. Monitoring Plan to monitor effectiveness of remedial actions; (7-1-25) viii. Description of practical quantitation limits as they apply; and (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.24 Department of Environmental Quality Rules for Petroleum Release Corrective Action Section 100 Page 10 ix. Description of background concentrations as they apply. (7-1-25) c. Upon approval of the CAP pursuant to Subsection 200.04 or as directed by the Department, owners and operators must: (7-1-25) i. Implement the plan including modification to the plan made by the Department; and (7-1-25) ii. Monitor, evaluate, and report the results of implementing the CAP in accordance with a consent order or a schedule and criteria established by the Department as provided in Subsection 061.07. (7-1-25) d. Owners and operators may begin cleanup of soil, surface water, and groundwater before the CAP is approved provided that they: (7-1-25) i. Notify the Department of their intention to begin cleanup; (7-1-25) ii. Comply with any conditions imposed by the Department, including halting cleanup or mitigating adverse consequences from cleanup activities; and (7-1-25) iii. Incorporate the self-initiated cleanup measures in the CAP submitted to the Department for approval. (7-1-25) 07. Compliance. If the Department determines that any of the conditions in 061.05.a. through 061.05.c. exist, owners and operators will be given an opportunity to enter into a consent order with the Department. (7-1-25) a. The Department will send owners and operators a consent order that sets forth at least the following schedules: (7-1-25) i. For owners and operators to submit the information collected in investigating the release site in compliance with Subsection 061.05; (7-1-25) ii. For owners and operators to submit, and criteria for, a CAP in compliance with Subsection 061.06; (7-1-25) iii. For the Department to review, modify, and approve the site release investigation and CAP; and (7-1-25) iv. For owners and operators to implement a CAP, and monitor, evaluate, and report the results of implementing the CAP. (7-1-25) b. Owners and operators will be given thirty (30) days from receipt of the consent order in which to reach an agreement with the Department regarding the terms of the consent order. (7-1-25) c. If owners and operators cannot reach an agreement with the Department within thirty (30) days, the Department will establish a schedule and criteria which owners and operators must comply in order to meet the provisions of Subsections 061.05 and 061.06. (7-1-25) 062. -- 099. (RESERVED)