SECTION 165:29-3-3. Release investigation; confirmed release; suspected release; emergency suspected release and release reporting

(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.

(b)   Confirmed release.

(1)   When one or more of the following is present from a petroleum storage tank system, a release may be considered confirmed and a confirmed release case may be activated by PSTD staff.

(A)   Free product.

(B)   Contaminated groundwater and/or soil that exceed OCC action levels.

(C)   Organic vapor readings above background levels.

(D)   Actionable levels of petroleum staining or odors.

(E)   Any other indication that a release from a regulated petroleum storage tank system has occurred that is harmful to human health, safety or the environment.

(2)   Laboratory analysis of levels of chemical constituent concentrations that may be required to confirm a case are:

(A)   Benzene

(i)   Native Soils - 0.5 mg/kg

(ii)   Groundwater - 0.005 mg/l

(B)   Toluene

(i)   Native Soils - 40.0 mg/kg

(ii)   Groundwater - 1.0 mg/l

(C)   Ethyl Benzene

(i)   Native Soils - 15.0 mg/kg

(ii)   Groundwater - 0.7 mg/l

(D)   Xylene

(i)   Native Soils - 200.0 mg/kg

(ii)   Groundwater - 10.0 mg/l

(E)   TPH

(i)   Native Soils - 50.0 mg/kg

(ii)   Groundwater - 2.0 mg/l

(iii)   If BTEX concentrations are below action levels, a TPH concentration of 500 mg/kg may be required to confirm a case at the discretion of PSTD.

(c)   Suspected release. When an owner, operator, or their agent has reason to believe that a release from a storage tank may have occurred, he or she must notify PSTD within twenty-four (24) hours and receive authorization from the Division prior to initiating any investigation for which subsequent payment from the Indemnity Fund may be sought.

(d)   Emergency suspected release. Owners, operators, or their agent may begin investigation of suspected releases when the suspected release may cause immediate harm to the public health, safety, welfare or the environment. The Petroleum Storage Tank Division will approve and reimburse expenses for an investigation after it has been performed and prior to the issuance of a Suspicion of Release by the Petroleum Storage Tank Division when the owner or operator has reasonably acted upon the belief that the suspected release gave rise to the need for immediate emergency action. The determination of whether or not action was reasonable is within the discretion of PSTD.

(e)   Release reporting. Within twenty (20) days after the reporting of a release, the owner or operator must submit a report to PSTD summarizing the steps taken under this Section and any resulting information. If a release is confirmed through performance of the steps taken under this Section, then the report must be submitted in a format established by PSTD within the required timeframe, after which corrective action may be required under the provisions of this Chapter.

[Source: Added at 17 Ok Reg 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg 1785, eff 7-1-05; Amended at 31 Ok Reg 1022, eff 9-12-14; Amended at 32 Ok Reg 811, eff 8-27-15; Amended at 34 Ok Reg 970, eff 9-11-17; Amended at 35 Ok Reg 1033, eff 10-1-18]