Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 032 - WASTE MANAGEMENT DIVISION › Chapter 004 - CHAPTER 8 - VERMONT UNDERGROUND STORAGE TANK RULES › Section 12 032 004 - CHAPTER 8 - VERMONT UNDERGROUND STORAGE TANK RULES

Current through June,
				2024
SUBCHAPTER 1
				GENERAL PROVISIONS
101 Authority
These rules are adopted by the Secretary of the Agency of
				  Natural Resources pursuant to the authority granted by 10 V.S.A. Chapters 59
				  and 159.
102 Purpose and
				Applicability
These rules are intended to protect public health and the
				  environment by establishing standards for the design, installation, operation,
				  maintenance, monitoring and closure of underground storage tanks. These rules
				  apply to persons who own or operate, install, remove, repair, or test
				  underground storage tank systems.
103 Release Prohibition; Reporting; Emergency
				Response
(a) Release prohibition. The release
				of hazardous materials, including from spills or tank overflows, into the
				surface or groundwater, or onto the land of the State is prohibited.
(b) Reporting. Any person who may be liable
				for release under
				10 V.S.A. §
												6615 (e.g, owner or operator of an
				underground storage tank system, owner of the land on which the underground
				storage tank system is located, transporter of fuel, etc.) and who has
				knowledge of a release that meets any of the following criteria shall report
				the release to the Secretary immediately:
(1)
				A release of any petroleum product that exceeds 2 gallons;
(2) A release of any petroleum product that
				is less than or equal to 2 gallons and poses a potential or actual threat to
				human health or the environment;
(3) A release of any hazardous material other
				than petroleum; or
(4) A suspected
				release of hazardous material as indicated by the following:
(i) An unusual or unexplained loss of
				regulated substance from the underground storage tank;
(ii) Unusual operating conditions of
				underground storage tank system equipment, including but not limited to a loss
				of prime in product piping, erratic functioning of dispensing equipment, the
				infiltration of water into the underground storage tank system;
(iii) Monitoring or testing results from any
				release detection method in §§ 8506. for tanks, or 8-507 for piping
				that indicate that a release has or may have occurred, or any failing result of
				any test required under § 8-511.
(iv) Strong petroleum vapors present in the
				vicinity of the underground storage tank, or other environmental conditions
				present in the vicinity of the tank, the facility, or off the facility site
				that indicate a release may have occurred (e.g. dead vegetation around the
				underground tank system, vapors in nearby basements, free product in sewers or
				storm drains, free product seeping from the ground).
(v) An inventory discrepancy showing a loss
				or gain of regulated substance that, for two consecutive months, is greater
				than 130 gallons plus one percent of the monthly throughput. In the case of
				inventory discrepancies, the report shall be made no later than 10 business
				days into the month following the second consecutive month of the discrepancy.
Note: Reporting under this subsection shall be directed
				  to:
Monday through Friday, 7:45 AM to 4:30 PM: Waste Management
				  & Prevention Division at (802) 828-1138.
At all other times: Department of Public Safety Emergency
				  Management Division at (800) 641-5005.
Note: Under the Federal Water Pollution Control Act, certain
				  spills of oil and/or hazardous substances are prohibited and shall be reported
				  pursuant to the requirements of 40 CFR Part 110 / Discharge of Oil. Certain
				  spills of hazardous substances shall also be reported pursuant to CERCLA. In
				  both cases, the National Response Center shall be notified at (800)
				  424-8802.
(c) In the event of a spill, overfill,
				release, or suspected release of any quantity of a hazardous material or a
				regulated substance from an underground storage tank system at a facility or
				off the site, the owner or operator of the underground storage tank system
				shall:
(1) Take all appropriate immediate
				actions to remove free product and protect human health and the environment
				including implementing cleanup and appropriate emergency containment measures;
				and
(2) Take any further
				investigatory and corrective actions as specified under subsections (d), (e)
				and/or (f) of this section, and any clean up actions as may be required by
				appropriate federal, state, or local emergency response officials so that the
				released material or substance and related contaminated materials no longer
				present a hazard to human health or the environment.
(d) Site investigation; corrective actions.
				Any person responsible for a release pursuant to
				10 V.S.A. §
												6615 shall perform an investigation and
				corrective action measures to address the release in accordance with
				10 V.S.A. §
												6615b, the Investigation and Remediation of
				Contaminated Properties Rule (as amended), and any other regulations or
				procedures adopted by the Agency for the investigation and clean-up of
				contaminated properties.
(e)
				Emergency response.
(1) Notwithstanding the
				requirements of subsection (d) of this section, the Secretary may require an
				emergency response when the Secretary determines that a release may cause an
				immediate and serious threat of harm to human health or the
				environment.
(2) When undertaking
				emergency responses pursuant to this subsection, notification to the
				potentially responsible party pursuant to
				10 V.S.A. §
													1283 in advance of undertaking an emergency
				response is not required, unless:
(A) The
				Secretary determines that there is need for additional investigation of the
				release to determine the impact to sensitive receptors and to human health and
				that it is appropriate for the potentially responsible party to conduct the
				investigation; or
(B) The Secretary
				determines that an additional response is necessary to remove free product
				and/or address short-term impacts to sensitive receptors and impacts to human
				health, and that it is appropriate for the potentially responsible party to
				conduct the additional response.
(3) The Secretary shall conduct or direct the
				potentially responsible party to conduct a limited site investigation to
				determine if the release requires further site investigation or corrective
				action. As used in this subsection, "limited site investigation" means the
				steps the Secretary deems necessary to determine whether additional site
				investigation or corrective action is necessary to respond to the
				release.
(f) Tightness
				Testing
(1) All tightness testing equipment
				and methods shall be third-party certified as capable of detecting a leak rate
				of one-tenth gallon per hour from any portion of the underground storage tank
				system that routinely contains regulated substance, with at least 95%
				probability of detection and at most 5% probability of false alarm.
Note: The National Work Group on Leak Detection Evaluation
				  maintains a list of tightness test equipment and methods that have been
				  third-party certified at:
http://www.nwglde.org/
(2) Tightness tests shall be performed by a
				person trained in the proper operation and maintenance of testing equipment in
				accordance with manufacturer protocols and certification
				requirements.
(3) Tightness test
				results shall be reported to the Secretary immediately upon completion of the
				test.
(4) A written report shall be
				submitted to the Secretary within 5 business days of the completion of the
				tightness test and include at least the following information:
(A) The facility name, address and
				identification number;
Note: Facility identification numbers are assigned by the
				  Secretary upon issuance of a permit or processing of a notification
				  form.
(B) The name,
				address, and phone number of the tank owner;
(C) The name, address, and phone number of
				the company that conducted the tightness test, and the name of the person(s)
				who performed the test.
(D) The
				test date;
(E) An accurate facility
				map that identifies all tanks on site, and the location of any monitoring well
				used in the test procedure;
(F) All
				components tested (e.g, piping and/or tank(s)), and the capacity of any tank
				tested;
(G) The type of regulated
				substance stored in the underground storage tank system tested;
(H) The test method used;
(I) The depth from the ground surface to the
				water table, if required by the tightness test method, and a description of the
				method used to measure the depth to the water table; and
(J) The test results including all readings
				and printouts of computer generated data.
(g) Monitoring wells, recovery wells, and
				observation wells shall be constructed with a liquid-tight cap and maintained
				at all times in a condition that will prevent contamination of the groundwater
				resulting from a spill of regulated substance on the ground surface.
104 Signatories to Permits and
				Reports
(a) Unless otherwise specified in
				these rules, all Permit permit applications, notifications, and all reports
				requested or required by these Rules shall be signed by the applicant or
				permittee, or by a duly authorized representative of the applicant or
				permittee, respectively.
(b) A
				person is a duly authorized representative for purposes of subsection (a) only
				if:
(1) The authorization is made in writing
				and is signed by the permit applicant;
(2) The authorization states that the
				applicant has delegated the legal authority for the representative to sign on
				behalf of the applicant; and
(3)
				The written authorization is submitted to the Secretary.
(c) If an authorization described in
				subsection (b) of this section no longer meets the requirements of that
				subsection, a new authorization satisfying the requirement of subsection (b) of
				this section shall be submitted to the Secretary prior to or together with any
				documents signed by the new authorized representative.
(d) Certification. Any person signing a
				document pursuant to subsections (a) or (b) of this section shall make the
				following certification:
I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision in accordance with
				  a system designed to assure that qualified personnel properly gather and
				  evaluate the information submitted. Based on my inquiry of the person or
				  persons who manage the system, or those persons directly responsible for
				  gathering the information, the information submitted is, to the best of my
				  knowledge and belief, true, accurate and complete. I am aware that there are
				  significant penalties for submitting false information, including the
				  possibility of fine and imprisonment for knowing violations.
105 Incorporation by Reference
When reference is made to CFR titles, their parts, subparts,
				  or sections, the reference is to titles of the Code of Federal Regulations as
				  they existed on the effective date of this rule.
106 Fees
Fees related to underground storage tank systems are
				  established in
				  3 V.S.A. §
												2822(j).
107 Severability
The provisions of any section of these rules are severable.
				  If any provision of these rules is invalid or if any application of these rules
				  to any person or circumstance is invalid, the invalidity shall not affect other
				  provisions or applications that can be given effect without the invalid
				  provision or application.
108 Variances
(a) The Secretary may grant a variance for
				one or more of the specific provisions of these rules provided that the person
				requesting the variance can demonstrate to the satisfaction of the Secretary
				that the proposed new or alternative technology, method, or application (e.g.
				equipment, designs, practices or methods) will protect human health and the
				environment in a manner that is at least equivalent to the regulatory
				provision(s) for which a variance is sought.
(b) Requests for a variance shall be made in
				writing. Such requests shall identify the manner in which the proposal varies
				from the provisions of these rules, and the basis for finding that the proposal
				provides a level of protection as required in subsection (a) of this section.
				The Secretary may require that additional information be submitted by the
				person requesting the variance.
(c)
				In granting a variance the Secretary may impose specific conditions necessary
				to assure a level of protection of human health and the environment at least
				equivalent to that provided under these rules.
(d) The Secretary may grant a variance for a
				particular class or category of innovative or alternative technology in
				accordance with the requirements of this section.
109 Transfer of Ownership; Permits;
				Notification of Rules
(a) Permits issued
				pursuant to these rules are not transferable, assignable, and do not run with
				the land. Upon transfer of ownership of the facility, or upon transfer of
				operational control of the facility, the new owner or new operator,
				respectively, shall apply for an operating permit in accordance with Subchapter
				3 of these rules.
(b) Upon transfer
				of ownership of an underground tank system, the seller shall provide written
				notification to the new owner of the existence of these rules.