reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.14 - General Release Detection Requirements For All UST Systems

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Owners and
				operators of UST systems must provide a method, or combination of methods, of
				release detection that:
(a) Can detect a
				release from any portion of the underground storage tank and the connected
				underground piping that routinely contains product;
(b) Is installed, calibrated, operated, and
				maintained in accordance with the manufacturer's instructions, including
				routine maintenance and service checks for operability or running
				condition;
(c) Is operated and
				maintained, and electronic and mechanical components are tested for proper
				operation, in accordance with one of the following: manufacturer's
				instructions; a code of practice developed by a nationally recognized
				association or independent testing laboratory; or requirements determined by
				the Department to be no less protective of human health and the environment
				than the two options listed above. A test of the proper operation must be
				performed at least annually and must cover the following components and
				criteria:
1.
Automatic Tank Gauge
				and Other Controllers
. Beginning on October 13, 2018 and
				thereafter; test alarm, verify system configuration, test battery backup;
2.
Probes and
				Sensors.
Beginning on October 13, 2018 and thereafter; inspect for
				residual buildup, ensure floats move freely, ensure shaft is not damaged,
				ensure cables are free of kinks and breaks, test alarm operability and
				communication with controller, ensure that they are positioned properly;
3.
Automatic Line Leak
				Detector
. Test operation to meet criteria in rule
				335-6-15-.18(a)
				by simulating a leak;
4.
Vacuum Pumps and Pressure Gauges.
Beginning on October
				13, 2018 and thereafter; ensure proper communication with sensors and
				controller; and
5.
Hand-held Electronic Sampling Equipment Associated with Groundwater
				and Vapor Monitoring
. Beginning on October 13, 2018 and
				thereafter; ensure proper calibration and operation.
6. Any release detection component that fails
				an operational test must be repaired or replaced and reteseted within 30 days
				of the repair.
(d) Meets
				the performance requirements in rules
				335-6-15-.17,
				335-6-15-.18, or
				335-6-15-.48, as applicable, with
				any performance claims and their manner of determination described in writing
				by the equipment manufacturer or installer. In addition, the methods must be
				capable of detecting the leak rate or quantity specified for that method in
				rules 335-6-15-.17(b), (c), (d), (h) and
				(i),
				335-6-15-.18(a) and
				(b), and 335-6-.48 with a probability of
				detection of 0.95 and a probability of false alarm of 0.05.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.15 - Release Detection Requirements For Petroleum UST Systerns

Current through Register Vol. 42, No. 9, June 28, 2024
Owners and operators of petroleum UST systems must provide
				  release detection for underground storage tanks and underground piping as
				  follows:
(a)
USTs
. USTs installed beginning on August 6, 2007 and
				thereafter, must perform interstitial monitoring at least every 30 days in
				accordance with rule
				335-6-15-.17(g).
				USTs installed prior to August 6, 2007 must be monitored for releases at least
				every 30 days using one of the methods listed in rule
				335-6-15-.17(d) through
				(i), except that:
1. Underground storage tanks with nominal
				capacity of 550 gallons or less, and tanks with a nominal capacity of 551 to
				1,000 gallons that meet the underground storage tank diameter criteria in rule
				335-6-15-.17(b),
				may use weekly manual tank gauging conducted in accordance with rule
				335-6-15-.17(b).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.16 - Release Detection Requirements For Hazardous Substance UST Systems

Current through Register Vol. 42, No. 9, June 28, 2024
Owners and operators of hazardous substance UST systems must
				  provide release detection that meets the following requirements:
(a) Secondary containment UST systems must be
				designed, constructed and installed to:
1.
				Contain regulated substances leaked from the primary containment until they are
				detected and removed;
2. Prevent
				the release of regulated substances to the environment at any time during the
				operational life of the UST system; and
3. Be checked for evidence of a leak at least
				every 30 days.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.17 - Methods Of Release Detection For Underground Storage Tanks

Current through Register Vol. 42, No. 9, June 28, 2024
Each method of release detection for underground storage
				  tanks used to meet the requirements of Rule
				  335-6-15-.15 must be conducted in
				  accordance with the applicable requirements (a) through (i) of this rule. The
				  Department may make a determination as to the capability of release detection
				  equipment to meet the requirements of this rule.
(a)
Inventory
				Control
. Product inventory control (or another test of equivalent
				performance) must be conducted at least every 30 days to detect a loss or gain
				of at least 1.0 percent of flow-through plus 130 gallons on a 30 day basis in
				the following manner:
1. Inventory volume
				measurements for regulated substance inputs, withdrawals, and the amount still
				remaining in the underground storage tank are recorded each operating
				day;
2. The equipment used is
				capable of measuring the level of product over the full range of the
				underground storage tank's height to the nearest one-eighth of an
				inch;
3. The regulated substance
				inputs are reconciled with delivery receipts by measurement of the underground
				storage tank inventory volume before and after delivery;
4. Deliveries are made through a drop tube
				that extends to within one foot of the underground storage tank
				bottom;
5. Product dispensing is
				metered and recorded within the local standards for meter calibration or an
				accuracy of 6 cubic inches for every 5 gallons of product withdrawn;
				and
6. The measurement of any water
				or phase separated entrained water level in the bottom of the underground
				storage tank is made to the nearest one-eighth of an inch at least once every
				30 days.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.18 - Methods Of Release Detection For Underground Piping

Current through Register Vol. 42, No. 9, June 28, 2024
Each method of release detection for underground piping used
				  to meet the requirements of Rule
				  335-6-15-.15 must be conducted in
				  accordance with the following:
(a)
Automatic line leak detectors
. Methods which alert the
				operator to the presence of a leak by restricting or shutting off the flow of
				regulated substances through underground piping may be used. Beginning August
				6, 2008 and thereafter, methods which alert the operator to the presence of a
				leak by triggering an audible or visual alarm may be used only if they also
				restrict or shut off the flow of regulated substances through underground
				piping; except beginning December 8, 2017, emergency power generator UST
				systems may use audible or visual alarm methods without restricting or shutting
				off flow. All automatic line leak detector methods must detect leaks of 3
				gallons per hour at 10 pounds per square inch line pressure within 1 hour. An
				annual test of the operation of the leak detector must be conducted in
				accordance with rule
				335-6-15-.14(1)(c).
(b)
Line tightness
				testing
. A periodic test of underground piping may be conducted
				only if it can detect a 0.1 gallon per hour leak rate at one and one-half times
				the operating pressure. When a test method is required by the manufacturer to
				be performed manually, the test must be performed by an individual having
				current certification of training from the manufacturer of the test
				method.
(c)
Underground
				storage tank methods applicable to piping
. Except as described in
				rule 335-6-15-.15(a),
				any of the methods in rule
				335-6-15-.17(e) through
				(i) may be used if they are designed to
				detect a release from any portion of the underground piping that routinely
				contains regulated substances.
Authors:
Sonja Massey, Curt Johnson, Lee
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.19 - Release Detection Recordkeeping

Current through Register Vol. 42, No. 9, June 28, 2024
All UST system owners and operators must maintain records in
				  accordance with Rule
				  335-6-15-.13 demonstrating
				  compliance with all applicable requirements of this chapter. These records must
				  include the following:
(a) All written
				performance claims pertaining to any release detection system used, and the
				manner in which these claims have been justified or tested by the equipment
				manufacturer or installer in accordance with rule
				335-6-15-.14(1)(d),
				must be maintained for five years from the date of installation. Not later than
				October 13, 2018, records of site assessments required under rule
				335-6-15-.17(e)
				14 . and (f)19. must be maintained for as long as the release detection methods
				are used. Records of site assessments developed on or after October 2, 2003
				must be signed by a professional engineer or professional geologist, or
				equivalent licensed professional with experience in environmental engineering,
				hydrogeology, or other relevant technical discipline acceptable to the
				Department;
(b) The results of any
				sampling, testing, or monitoring must be maintained for at least one year
				except as follows:
1. The results of annual
				release detection equipment operation testing conducted in accordance with rule
				335-6-15-.14(1)(c)
				must be maintained for three years. At a minimum, the results must list each
				component tested, indicate whether each component tested meets criteria in rule
				335-6-15-.14(1)(c)
				or needs to have action taken, and describe any action taken to correct an
				issue; and
2. The results of tank
				tightness testing conducted in accordance with rule
				335-6-15-.17(c)
				and line testing conducted in accordance with rule
				335-6-15-.15(b)
				must be retained until the next test is conducted; and
3. The results of tank tightness testing,
				line tightness testing, and vapor monitoring using a tracer compound placed in
				the UST system conducted in accordance with rule
				335-6-15-.48(2)(d) and
				(e) must be retained until the next test is
				conducted.
4. The results of
				statistical inventory reconciliation (SIR), conducted in accordance with rule
				335-6-15-.17(h)
				must be retained until the next test is conducted.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.20 - Reporting Of Suspected Releases

Current through Register Vol. 42, No. 9, June 28, 2024
Owners and operators of UST systems must report suspected
				  releases to the Department immediately upon discovery but in no case later than
				  24 hours following discovery, and follow the procedures in rule
				  335-6-15-.22 for any of the
				  conditions identified in subparagraphs (a) through (c)of this rule.
(a) The discovery by owners and operators or
				others of released regulated substances at the UST site or in the surrounding
				area including but not limited to the presence of free or dissolved product or
				vapors in soils, groundwater, basements, sewer and utility lines, nearby
				surface water or a well contaminated with a regulated substance.
(b) Unusual operating conditions observed by
				owners and operators (including but not limited to the erratic behavior of
				product dispensing equipment, the sudden loss of product from the UST system,
				an unexplained presence of water in the underground storage tank, or liquid in
				the interstitial space of secondarily contained systems), unless:
1. The UST system equipment or component is
				found not to be releasing regulated substances to the environment;
2. Any defective UST system equipment or
				component is immediately repaired or replaced; and
3. For secondarily contained UST systems,
				except as provided for in rule
				335-6-15-.17(g)2.(iv),
				any liquid in the interstitial space not used as part of the interstitial
				monitoring method (for example, brine filled) is immediately removed.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.21 - Investigation Due To Environmental Impacts

Current through Register Vol. 42, No. 9, June 28, 2024
When required by the Department, owners and operators of UST
				  systems must follow the procedures in Rule
				  335-6-15-.22 to determine if the
				  UST system is the source of environmental impacts, which include but are not
				  limited to the discovery of regulated substances (such as the presence of free
				  or dissolved product of vapors in soils, basements, sewer and utility lines,
				  and nearby surface waters, or a well contaminated with a regulated substance
				  that has been observed by the Department or brought to its attention by another
				  party.
Author:
Sonja Massey
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.22 - Release Investigation And Confirmation Steps

Current through Register Vol. 42, No. 9, June 28, 2024
Unless corrective action is initiated in accordance with
				  rules 335-6-15-.24 through
				  335-6-15-.32, owners and
				  operators must immediately investigate and confirm all suspected releases of
				  regulated substances requiring reporting under rule
				  335-6-15-.20 within 7 days and
				  submit the results to the Department within 10 days, or another reasonable time
				  period specified by the Department, using either the following steps or another
				  procedure approved by the Department:
(a)
System test
.
				Owners and operators must conduct tests (according to the requirements for
				tightness testing in rules
				335-6-15-.17(c)
				and 335-6-15-.18(b)
				or as appropriate, secondary containment testing described in rule
				335-6-15-.12(f))
				.
1. The test must determine whether:
(i) A leak exists in that portion of the
				underground storage tank, or the attached underground delivery piping;
				or
(ii) A breach of either wall of
				the secondary containment has occurred.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.23 - Reporting And Cleanup Of Spills And Overfills

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Owners and operators of UST systems must
				contain and immediately clean up a spill or overfill and report to the
				Department within 24 hours, or another reasonable time period specified by the
				Department, and begin corrective action in accordance with Rules
				335-6-15-.24 through
				335-6-15-.34 in the following
				cases:
(a) Spill or overfill of petroleum
				that results in a release to the environment that exceeds 25 gallons or another
				reasonable amount specified by the Department, or that causes a sheen on nearby
				surface water; and
(b) 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
				302).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.24 - Initial Release Response

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				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 Rules
				335-6-15-.24 through
				335-6-15-.32 except for UST
				systems excluded under Rule
				335-6-15-.03(2)
				and UST systems subject to corrective action requirements under Division 14 of
				the ADEM Administrative Code.
(2)
				Upon confirmation of a release in accordance with Rule
				335-6-15-.22 or after a release
				is identified in any other manner, owners and operators must perform the
				following initial response actions within 24 hours of a release or within
				another reasonable period of time determined by the Department:
(a) Report the release to the Department
				(notification by telephone is acceptable);
(b) Take immediate action to prevent any
				further release of the regulated substance into the environment; and
(c) Identify and mitigate fire, explosion,
				and vapor hazards.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.25 - Initial Abatement Measures And Preliminary Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon
				confirmation of a release in accordance with Rule
				335-6-15-.22 or after a release
				is identified in any other manner, unless directed to do otherwise by the
				Department, owners and operators must perform the following abatement measures:
(a) Remove as much of the regulated substance
				from the UST system as is necessary to prevent further release to the
				environment;
(b) Visually inspect
				any aboveground releases or exposed below ground releases and prevent further
				migration of the released substance into surrounding soils and
				groundwater;
(c) 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);
(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 ADEM and local requirements;
(e) Perform a preliminary investigation in
				accordance with Rule
				335-6-15-.26;
(f) Investigate to determine the possible
				presence of free product, and if found, begin free product removal as soon as
				practicable and in accordance with Rule
				335-6-15-.27. Where free product
				is present, investigative and corrective actions must be initiated in
				accordance with Rules
				335-6-15-.24 through
				335-6-15-.34;
(g) Where dissolved groundwater contamination
				is determined to occur, for example, the contamination of an on-site well with
				a regulated substance, investigative and corrective actions must be initiated
				in accordance with Rules
				335-6-15-.24 through
				335-6-15-.34.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.26 - Preliminary Investigation Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Unless directed to do otherwise by the
				Department, or under the conditions identified in paragraph (2) of this rule,
				owners and operators required to perform a preliminary investigation must
				obtain and provide information about the site and the nature of the release,
				including information gained while confirming the release or completing the
				initial abatement measures in Rule
				335-6-15-.25. This information
				must include, but is not necessarily limited to the following:
(a) Type of current and most likely future
				land use for the tank property and any likely affected properties, e.g.,
				residential, commercial, agricultural;
(b) Results of a well inventory within 1000
				feet of the site which includes the location, and where available, information
				on the depth and elevation and ownership of each well;
(c) Location of any public water supply
				wells, springs or reservoirs which are within one mile of the site;
(d) A description of the hydrogeologic
				environment, including type and nature of geologic materials, location of
				surface waters, surrounding land and water users, and the location of all
				underground utilities, water lines, sewers or other conduits;
(e) A determination of the uppermost aquifer
				and an initial evaluation of the potential for hydraulic interconnection with
				lower aquifers. This evaluation at this stage may be made based upon the
				results of site soil sampling and borings and available literature
				data;
(f) Results of soil sampling
				collected from the area which is most likely to have been affected by a release
				of a regulated substance;
1. A sufficient
				number of soil samples shall be collected to accurately represent the area and
				depths affected by a release;
2.
				Soil sampling shall be performed to a depth which adequately represents the
				zone most likely to have been contaminated by a release; and
3. Soil sampling shall be sufficient to
				determine if free product is present on the water table.
(g) Where soils are encountered which have a
				total petroleum hydrocarbon concentration of greater than 100 ppm and such
				soils extend to within 5 feet of the seasonal high water table, groundwater
				samples shall be collected and analyzed at a minimum of one up-gradient and
				three down-gradient locations unless directed to do otherwise by the
				Department.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.27 - Free Product Removal

Current through Register Vol. 42, No. 9, June 28, 2024
At sites where investigations 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 Rules
				  335-6-15-.24 through
				  335-6-15-.26 or preparing for
				  actions required under Rules
				  335-6-15-.28 and
				  335-6-15-.29. In meeting the
				  requirements of this section, owners and operators must:
(a) 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 byproducts in compliance with applicable local, state of Alabama and
				federal regulations;
(b) Use
				abatement of free product migration and removal of free product in a reasonable
				period of time as a minimum objective for the design of the free product
				removal system;
(c) Handle any
				flammable products in a safe and competent manner to prevent fires or
				explosions; and
(d) Unless directed
				to do otherwise by the Department, prepare and submit to the Department, within
				45 days after confirming the presence of free product, a free product removal
				report that provides at least the following information:
1. The name of the person(s) responsible for
				implementing the free product removal measures;
2. The estimated quantity, type, and
				thickness of free product observed or measured in wells, boreholes, and
				excavations;
3. The type of free
				product recovery system used;
4.
				Whether any discharge will or has taken place on-site or off-site during the
				recovery operation and where this discharge will be located;
5. The type of treatment applied to, and the
				effluent quality expected from, and discharge;
6. The steps that have been or are being
				taken to obtain necessary permits for any discharge; and
7. The disposition of the recovered free
				product.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.28 - Secondary Investigation Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When required in order to determine the
				full lateral and vertical extent and location of: soils contaminated by the
				release; the presence of free product; and the presence and concentrations of
				dissolved product contamination in the groundwater, the Department may require
				owners and operators to conduct a secondary investigation of the release site.
				This investigation must include the surrounding area possibly affected by the
				release if any of the following conditions exist:
(a) There is evidence that groundwater wells
				have been affected by the release (e.g., as found during release confirmation
				or previous corrective action measures);
(b) Free product is found to need recovery in
				compliance with Rule
				335-6-15-.27;
(c) There is evidence that contaminated soils
				may be in contact with groundwater (e.g., as found during conduct of the
				initial response measures or investigations required under Rules
				335-6-15-.24 through
				335-6-15-.26); and
(d) The Department requests an investigation,
				based on the potential effects of contaminated soil or groundwater on nearby
				surface water and groundwater resources.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.29 - Corrective Action Plan

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At any
				point after reviewing the information submitted in compliance with Rules
				335-6-15-.24 through
				335-6-15-.28, 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
				Rules 335-6-15-.24 through
				335-6-15-.28, 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
				the requirements of the Department for achieving this standard.
(2) The corrective action plan must:
(a) Address the full lateral and vertical
				extent of soil and groundwater contamination or as otherwise required by the
				Department;
(b) Address mitigation
				of soil contamination either through soil removal, or treatment in place, or
				another method which is determined by the Department to be no less protective
				of health and the environment, to standards identified in Rule
				335-6-15-.30.
(c) Provide for removal of free product in an
				effective and timely manner;
(d)
				Provide for treatment of dissolved groundwater contamination in an effective
				and timely manner to standards identified in Rule
				335-6-15-.30;
(e) Provide a rationale for selection of the
				proposed corrective actions and design criteria which address such items as
				equipment selection, flow rates and pumping rates;
(f) Address measures necessary to meet local,
				state of Alabama or federal requirements for control of surface or air
				discharges or disposal of soil or free product; and
(g) Include a proposed schedule of
				implementation and monitoring plan.
(h) Include site specific clean-up goals for
				soil, groundwater, surface water and vapors as applicable.
(i) Include an estimate of timeframes to meet
				the appropriate clean-up goals for each affected media.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.30 - Corrective Action Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The following requirements shall apply when establishing risk
				  based corrective action limits applicable to the cleanup of soil and
				  groundwater contamination resulting from releases from underground storage
				  tanks regulated under this Chapter
(a)
				A risk based corrective action process will be used to establish site specific
				corrective action limits protective of human health and the environment.
				Corrective action limits, institutional controls, or a combination thereof,
				shall be adequate to support onsite and surrounding property use consistent
				with existing and reasonable future use and achieve and maintain compliance
				with all applicable environmental standards for air, soil and waters of the
				state of Alabama. The only exception to the use of a risk based corrective
				action process shall be that as described in rule
				335-6-15-.30(f).
(b) Free product shall be removed to the
				maximum extent practicable.
(c) A
				risk based corrective action process requires the specification of a target
				risk level for carcinogenic effects. The estimated incremental excess lifetime
				cancer risk Individual Excess Lifetime Cancer Risk (IELCR) will be:
1. For constituents resulting from releases
				of petroleum or petroleum-based regulated substances, as regulated under this
				chapter, the estimated IELCR level used to establish site specific corrective
				action limits shall be 10-5, for all constituents of
				concern, for each exposure pathway. If corrective action to a
				10-5 risk level is determined by the Department to
				be infeasible, and, in the determination of the Department, appropriate
				institutional controls are implemented, the Department may approve a
				site-specific corrective action limit that represents a risk level equal to but
				not greater than 10-4; and
2. For constituents resulting from releases
				of non-petroleum regulated substances, as regulated under this chapter, the
				estimated IELCR used to establish site specific corrective action limits shall
				be no less than 10-6 and no greater than
				10-5. If corrective action to a
				10-6 to 10-5 risk level
				is determined by the Department to be infeasible, and, in the determination of
				the department, appropriate institutional controls are implemented, the
				Department may approve a site specific corrective action limit that represents
				a risk level equal to but not greater than
				10-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.31 - Public Participation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For
				each confirmed release that requires a corrective action plan, the Department
				must provide a 15-day 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.
(2) 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.
(3) 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.
(4) The Department must give public notice
				that complies with paragraph (1) of this rule if implementation of an approved
				corrective action plan does not achieve the corrective action limits
				established in accordance with Rule
				335-6-15-.30 and termination of
				that plan is under consideration by the Department.
Was previously Rule
					 335-6-15-.34, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Authors:
Sonja Massey, Curt Johnson, Lee
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.32 - Analytical Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Soil and groundwater samples collected under the requirements
				  of this chapter shall be analyzed for the constituents presented in this rule,
				  as directed by the Department.
(a)
Analysis of soils
. Analysis of soils for petroleum
				contaminants shall be performed for the following parameters according to the
				type of petroleum product causing the contamination:
1. Total petroleum hydrocarbons.
2. Benzene, ethyl benzene, toluene, total
				xylenes, naphthalene, methyl tert-butyl ether.
3. Polynuclear aromatic hydrocarbons (PAHs)
				as directed by the Department.
4.
				Lead.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.33 - Temporary Closure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When an UST
				system is temporarily closed, owners and operators must:
(a) Continue operation and maintenance of
				corrosion protection in accordance with rule
				335-6-15-.10, and any release
				detection in accordance with rules
				335-6-15-.14 through
				335-6-15-.19 and
				335-6-15-.48. However, release
				detection and release detection operation and maintenance testing and
				inspections in rules
				335-6-15-.09, and
				335-6-15-.12 through
				335-6-15-.19 are not required as
				long as the UST system is empty. The UST system is empty when all materials
				have been removed using commonly employed practices so that no more than 2.5
				centimeters (one inch) of residue, or 0.3 percent by weight of the total
				capacity of the UST system, remain in the system. In addition, spill and
				overfill operation and maintenance testing and inspections in rules
				335-6-15-.09,
				335-6-15-.12 and
				335-6-15-.13 are not
				required;
(b) Comply with rules
				335-6-15-.20 through
				335-6-15-.25 if a release is
				suspected or confirmed; and
(c)
				Immediately empty and within 90 days either repair in accordance with rule
				335-6-15-.12 or permanently close
				the UST system in accordance with rules
				335-6-15-.34,
				335-6-15-.35 and
				335-6-15-.37 if the UST owner,
				operator, or Department is aware of the UST system being compromised in any way
				such that it may release regulated substance.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.34 - Permanent Closure And Changes-In-Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At least 30 days before beginning either
				permanent closure or a change-in-service of an UST system under paragraphs (2)
				and (3) below, or within another reasonable time period determined by the
				Department, owners and operators must notify the Department of their intent to
				permanently close or make the change-in-service, and the method of proposed
				closure unless such action is in response to corrective action. The required
				assessment of the excavation zone under Rule
				335-6-15-.35 must be performed
				after notifying the Department but before completion of the permanent closure
				or change-in-service. Upon completion, a notice of final closure or
				change-in-service must be submitted to the Department.
(2) To permanently close an UST
				system, owners and operators must:
(a) Empty
				and clean underground storage tanks by removing all liquids and accumulated
				sludges and either remove from the ground or leave in place and fill with an
				inert solid material,
(b) Empty
				underground piping by removing all liquids and either remove from the ground or
				cap and leave in place,
(c) Cap or
				remove all lines, manways, and/or other connections,
(d) Conduct a site assessment when an
				underground storage tank and/or piping is permanently closed in accordance with
				paragraph (1) above, and
(e)
				Properly close all UST systems:
1. Under the
				supervisory control of an individual or individuals certified in accordance
				with the requirements in rule
				335-6-15-.47;
2. In accordance with codes of practice
				developed by nationally recognized associations or independent testing
				laboratories.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.35 - Site Closure Or Change-In-Service Assessment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Before permanent closure or
				change-in-service is completed, owners and operators must measure for the
				presence of a release where contamination is most likely to be present at the
				UST site according to procedures which are acceptable to the Department. In
				selecting sample types, sample locations, and measurement methods, owners and
				operators must consider the method of closure, the nature of the stored
				substance, the type of backfill, the depth to groundwater, and other factors
				appropriate for identifying the presence of a release. A report of the
				assessment findings shall be submitted to the Department within 45 days of
				initiating the closure or the change-inservice. The assessment requirements of
				this paragraph are satisfied if the requirements of rule
				335-6-15-.26(1)(f) and (g) or
				(2) are satisfied or one of the external
				release detection methods allowed in rules
				335-6-15-.17(e) and
				(f) and
				335-6-15-.18 have been routinely
				used and operated in accordance with the requirements in Rules
				335-6-15-.17 and
				335-6-15-.18 at the time of
				closure, and indicates no release has occurred.
(2) If contaminated soils, contaminated
				groundwater, or free product as a liquid or vapor is discovered under paragraph
				(1) of this rule, or by any other manner, owners and operators must begin
				corrective action in accordance with Rules
				335-6-15-.24 through
				335-6-15-.34.
Was previously Rule
					 335-6-15-.38, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Authors:
Sonja Massey, Curt Johnson, Lee
					 Davis, Vernon H. Crockett
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.36 - Applicability To Previously Closed UST Systems

Current through Register Vol. 42, No. 9, June 28, 2024
When directed by the Department, the owner and operator of an
				  UST system permanently closed before the effective date of this rule must
				  assess the excavation zone and close the UST system in accordance with Rules
				  335-6-15-.34 and
				  335-6-15-.35 if releases from the
				  UST may, in the judgment of the Department, pose a current or potential threat
				  to human health and the environment.
Author:
Sonja Massey
Was previously Rule
					 335-6-15-.39, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.37 - Closure Records

Current through Register Vol. 42, No. 9, June 28, 2024
Owners and operators must maintain records in accordance with
				  Rule 335-6-15-.13(b)6.
				  that are capable of demonstrating compliance with closure requirements under
				  this Rules
				  335-6-15-.33 through
				  335-6-15-.36. The results of the
				  excavation zone assessment required in Rule
				  335-6-15-.35 must be submitted to
				  the Department and be maintained for at least three years after completion of
				  permanent closure or change-in-service in one of the following ways:
(a) By the owners and operators who took the
				UST system out of service; and
(b)
				By the current owners and operators of the UST system site.
Was previously Rule
					 335-6-15-.40, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Authors:
Sonja Massey, Curt Johnson, Lee
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.38 - Alternate Or Temporary Drinking Water Source

Current through Register Vol. 42, No. 9, June 28, 2024
Where an owner or operator is responsible for polluting a
				  drinking water source beyond applicable standards, or where no standard exists,
				  such standard as the Director shall determine, the Department may require the
				  owner or operator to provide an alternate or temporary drinking water source to
				  any person deprived of drinking water.
Author:
Sonja Massey
Was previously Rule
					 335-6-15-.41, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.39 - Availability To Public Of Records, Reports Or Information

Current through Register Vol. 42, No. 9, June 28, 2024
Any records, reports, or information obtained under this
				  chapter shall be available to the public; except that upon a showing
				  satisfactory to the Department by any person that records, reports or
				  information, or a particular part thereof to which the Department has access
				  under this Chapter if made public, would divulge production or sales figures or
				  methods, processes or production unique to such person or would otherwise tend
				  to affect adversely the competitive position of such person by revealing trade
				  secrets, the Department shall consider such record, report, or information or
				  particular portion thereof, confidential. Nothing in this paragraph shall be
				  construed to prevent disclosures of such report, record, or information to
				  federal or state representatives as necessary for purposes of administration of
				  any federal or state laws or when relevant to proceedings under this chapter.
				  Information concerning the presence or concentration of substances in waters
				  shall not be considered confidential by the Department (Acts 1988, No. 88-537,
				  §8.)
Was previously Rule
					 335-6-15-.42, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Authors:
Sonja Massey, Curt Johnson, Lee
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-8.