Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 3 - Release Prevention, Detection and Correction › Part 1 - RELEASE PROHIBITION, REPORTING, AND INVESTIGATION › Section 165:29-3-3 - Release investigation; confirmed release; suspected release; emergency suspected release and release reporting

Current through Vol. 41, No. 20, July 1, 2024
(a)
Duty
				  to inspect for release.
Owners and operators of storage tanks must
				  routinely inspect and conduct necessary testing of their storage tanks to
				  prevent spilling, overfilling, or leaking from a storage tank system into the
				  native environment. The owner or operator of a petroleum storage tank system
				  must take the following steps or use other procedures approved by PSTD:
(1)
System test.
Owners or
				  operators must conduct petroleum storage tank system tightness tests and, if
				  applicable containment testing, that will determine whether a release exists in
				  the portion of the tank that routinely contains regulated substances and the
				  attached delivery piping or a breach of either wall of the secondary
				  containment has occurred. If the test results for the system, tank, delivery
				  piping, or interstice indicate that a leak exists, the owner or operator must
				  repair, remove, replace, or permanently closed as defined in OAC
				  165:25-2-135 the petroleum
				  storage tank system, delivery piping, or interstice and begin a site check.
				  Further investigation is not required if the test results for the system, tank,
				  delivery piping, and interstice do not indicate that a leak exists and if
				  indicator chemical concentrations detected in soil or water are not the basis
				  for suspecting a release. However, the owner or operator must conduct a site
				  check as described in (B) below if the test results for the system, tank,
				  delivery piping and interstice do not indicate that a release exists, but
				  indicator chemical concentrations detected in soil or water are above action
				  levels cited in (b) of this Section.
(2)
Site check.
The owner or
				  operator must measure for the presence of a release where released regulated
				  substances are most likely to be present at the petroleum storage tank system
				  site. In selecting sample types, locations, depths and measurement methods,
				  owners or operators must consider the nature of the stored substance, the type
				  of initial alarm or cause for suspicion, the type of native soil, the depth of
				  groundwater, and other factors appropriate for identifying the presence and
				  source of the release. Sample locations should be approximately five feet (5')
				  from the outside of the petroleum storage tank system in native soil or another
				  location approved by the PSTD. Analyses for both BTEX constituents and the
				  appropriate TPH must be obtained in all cases. For sites where used oil may be
				  involved, as determined through a TPH analysis, TCLP analysis for metals,
				  semi-volatiles, and volatiles may be required. The TCLP results will be used on
				  a case-by-case basis to establish cleanup levels or to refer the case to the
				  DEQ for regulation. The selected method must be able to detect the most
				  stringent cleanup levels required in this Chapter. The Total Petroleum
				  Hydrocarbon (TPH) Laboratory Methodology 418.1 will not be accepted for this
				  Chapter.
(A) If the test results for soil
				  and/or groundwater taken outside the excavation zone or the petroleum storage
				  tank system site confirm that a release has occurred, the owner or operator
				  must begin the required corrective action in accordance with this
				  Subchapter.
(B) If the test results
				  for the native soil and/or groundwater or the petroleum storage tank system
				  site do not indicate that a release has occurred, further investigation is not
				  required.