Corrective Action Plan

PURPOSE: This rule lists the requirements for corrective action plans for cleanup of releases from underground storage tank sites. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) 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, after fulfilling the requirements for release reporting and investigation in 10 CSR 26-2.071–10 CSR 26-2.074. Owners and operators must modify their plan as necessary to meet this standard. (A) 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 at any point after reviewing the information submitted for release reporting and investigation in 10 CSR 26-2.071–10 CSR 26-2.074. If a plan is required, owners and operators must submit the plan according to a schedule and format established by the department. (B) Owners and operators may choose to submit a corrective action plan for responding to contaminated soil and groundwater after fulfilling the requirements of 10 CSR 262.071–10 CSR 26-2.074. (2) The department will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health and safety and the environment. In making this determination the department should consider the following factors as appropriate: (A) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration; (B) The hydrogeologic characteristics of the facility and the surrounding area; (C) The proximity, quality, and current and future uses of nearby surface and ground water; (D) The potential effects of residual contamination on nearby surface and ground water; (E) An exposure assessment; and (F) Any information assembled in 10 CSR 26-2.070–10 CSR 26-2.083. (3) 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. Owners and operators must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the department. (4) Owners and operators, in the interest of minimizing environmental contamination and promoting more effective clean-up, may begin clean-up of soil and groundwater before the corrective action plan is approved provided that they— (A) Notify the department of their intention to begin clean-up; (B) Comply with any conditions imposed by the department, including halting clean-up or mitigating adverse consequences from clean-up activities; and (C) Incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the department for approval. (5) Owners and operators shall follow a written procedure. (A) For releases that occurred or were discovered on or after the effective date of this rule, owners and operators shall use the document referenced at paragraph (5)(C)1. of this rule or, with prior written approval of the department, another written procedure. (B) For releases that occurred or were discovered prior to the effective date of this rule, owners and operators may use— 1. The documents referenced at paragraph (5)(C)2. of this rule, provided— A. Prior to the effective date of this rule, the owner or operator received the department’s written approval of a work plan for site characterization, risk assessment, or corrective action related to the release; and B. The owner or operator implements or implemented the approved work plan within one (1) year of the date of the department’s approval of the plan or in accordance with a different schedule approved by the department; 2. The document referenced at paragraph (5)(C)1. of this rule; or 3. With the prior written approval of the department, another written procedure. (C) Written Procedures. 1. Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks guidance document, October 17, 2013, which is hereby incorporated by reference without any subsequent amendments or additions, and is published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176. 2. Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks, February 2004, as amended March 8, 2005, by Notice of Modifications to the Process and Interim Guidance Pertaining to Application of the New Soil Type Dependent Tier 1 RiskBased Target Levels; the March 18, 2005, Soil Type Determination Guidelines; the March 3, 2005, Table 3-1 Default Target Levels; the April 2005 Table 4-1 Soil Concentration Levels to Determine the Need for Groundwater Evaluation During Tank Closure; the February 2005 Tables 7-1(a) through 7-12(c) Tier 1 Risk-Based Target Levels; and the April 21, 2005, Soil Gas Sampling Protocol, which are hereby incorporated by reference without any subsequent amendments or additions, and are published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176. AUTHORITY: sections 319.109 and 319.137, RSMo Supp. 2013.* This rule originally filed as 10 CSR 20-10.066. Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed June 17, 2013, effective Feb. 28, 2014. *Original authority: 319.109, RSMo 1989, amended 1995, 2004, 2008 and 319.137, RSMo 1989, amended 1993, 1995, 2004.