Rule 391-3-15-.09. Release Response and Corrective Action for UST Systems Containing Petroleum

1. (1) 40 CFR Part 280, Subpart F is hereby incorporated by reference.
2. (2) Corrective action plans (CAPs), Part A for reporting completed release response activities and for summarizing the proposed site investigation, including a schedule for submittal of a CAP - Part B, and Part B for reporting the results of the site investigation and for summarizing the proposed soil and groundwater corrective action objectives and the activities required to meet those objectives, shall be submitted to the Division on such forms as provided by the Environmental Protection Division, Georgia Department of Natural Resources. The plans must include certifications by the UST owner or operator, in the format specified, that the plans are factual and meet all the criteria and requirements of these Rules and other environmental laws and regulations of the State of Georgia. The plans must also be stamped or sealed by a Georgia-registered Professional Engineer or Professional Geologist. The Corrective Action Plan - Part A shall be submitted in lieu of the initial abatement report, the initial site characterization report, and the free product removal report, as referenced by 40 CFR 280.62(b), 280.63(b), and 280.64(d), respectively, and must be submitted to EPD within 60 days after release confirmation.

(3) A Corrective Action Plan - Part B must be submitted when one or more of the conditions listed in subparagraphs (a) through (e) below are encountered: (a) Free product exceeds one-eighth inch (1/8") thickness or an alternate thickness, as required by EPD; (b) Groundwater or surface water contamination exceeds federal and state in-stream water quality standards, as established by the Georgia Rules for Water Quality Control (Chapter 391-3-6, as amended); (c) Groundwater contamination exceeds federal and state Maximum Contaminant Levels for Safe Drinking Water, and either; (i) The plume is located in an area of average or higher groundwater pollution susceptibility, as defined by the Ground-Water Pollution Susceptibility Map of Georgia (Georgia Department of Natural Resources, Environmental Protection Division, Georgia Geologic Survey, 1992), within two (2) miles of a point of withdrawal for a public water system, as defined in the Georgia Rules for Safe Drinking Water (Chapter 391-3-5, as amended), and/or within one-half (1/2) mile of a point of withdrawal for a non-public water system; or (ii) The plume is located in an area of lower groundwater pollution susceptibility within one (1) mile of a point of withdrawal for a public water system and/or within one-quarter (1/4) mile of a point of withdrawal for a non-public water system; (d) Concentrations of volatile organic compounds and/or polynuclear aromatic hydrocarbons, as appropriate, in soil exceed: (i) Threshold levels listed in Table A; or (ii) Threshold levels listed in Table B; or (iii) Alternate threshold levels, as approved by EPD. Table A. Petroleum Constituents and Soil Threshold Levels^a At UST corrective action sites where withdrawal points for public and nonpublic water supplies do not exist within distances defined in GUST Rule 391-3-15-.09(3): CONSTITUENT AVERAGE OR HIGHER GROUNDWATER POLLUTION SUSCEPTIBILITY AREA^b (Where public water supplies exist with 2.0 miles and/or non-public supplies exist within 0.5 miles) LOWER GROUNDWATER POLLUTION SUSCEPTIBILITY AREA^c (Where public water supplies exist within 1.0 mile and/or non-public supplies exist within 0.25 mile) VOLATILE ORGANIC COMPOUNDS =500 feet to withdrawal point >500 feet to withdrawal point =500 feet to withdrawal point >500 feet to withdrawal point Benzene^e 0.005 mg/kg^d 0.008 mg/kg 0.005 mg/kg 0.71 mg/kg Toluene 0.400 mg/kg 6.00 mg/kg 0.400 mg/kg 500.00 mg/kg Ethylbenzene 0.370 mg/kg 10.00 mg/kg 0.500 mg/kg 140.00 mg/kg Xylenes (total) 20.00 mg/kg 700.00 mg/kg 27.00 mg/kg 700.00 mg/kg POLYNUCLEAR AROMATIC HYDROCARBONS             Acenaphthene N/A^e N/A^e N/A^e N/A^e Anthracene N/A^e N/A^e N/A^e N/A^e Benz(a)anthracene N/A^e N/A^e N/A^e N/A^e Benzo(a)pyrene 0.660 mg/kg^d N/A^e N/A^e N/A^e Benzo(b)fluoranthene 0.820 mg/kg^d N/A^e N/A^e N/A^e Benzo(g,h,i)perylene N/A^e N/A^e N/A^e N/A^e Benzo(k)fluoranthene 1.60 mg/kg^df N/A^e N/A^e N/A^e Chrysene 0.660 mg/kg^df N/A^e N/A^e N/A^e Dibenz(a,h)anthracene 1.50 mg/kg^df N/A^e N/A^e N/A^e Fluoranthene N/A^e N/A^e N/A^e N/A^e Fluorene N/A^e N/A^e N/A^e N/A^e Indeno(1,2,3,-c,d)pyrene 0.660 mg/kg^d N/A^e 0.660 mg/kg^d N/A^e Naphthalene N/A^e N/A^e N/A^e N/A^e Phenanthrene N/A^e N/A^e N/A^e N/A^e Pyrene N/A^e N/A^e N/A^e N/A^e a - Based on worst-case assumptions for one-dimensional vadose zone and groundwater contaminant fate and transport models. b - Based on an assumed distance of 0.5 feet between contaminated soils and the water table. c - Based on an assumed distance of 5.0 feet between contaminated soils and the water table. d - Estimated Quantitation Limit. The health-based threshold level is less than the laboratory method limit of detection. e - Not applicable. The health-based threshold level exceeds the expected soil concentration under free product condition. f - In order to protect surface waters, the soil threshold level in Table B may supersede that found in Table A. g - In the presence of other petroleum contaminants in concentrations exceeding 1.0 mg/kg the Estimated Quantitation Limit, and hence the soil threshold level, may be substantially greater, as approved by EPD. Table B. Petroleum Constituents and Soil Threshold^a Levels At other UST corrective action sites where withdrawal points for public and nonpublic water supplies do not exist within distances defined in GUST Rule 391-3-15-.09(3): CONSTITUENT AVERAGE OR HIGHER GROUNDWATER POLLUTION SUSCEPTIBILITY AREA^b LOWER GROUNDWATER POLLUTION SUSCEPTIBILITY AREA^e VOLATILE ORGANIC COMPOUNDS =500 feet to surface water body >500 feet to surface water body =500 feet to surface water body >500 feet to surface water body Benzene^e 0.017 mg/kg 0.120 mg/kg 0.020 mg/kg 11.30 mg/kg Toluene 115.00 mg/kg 500.00 mg/kg 135.00 mg/kg 500.00 mg/kg Ethylbenzene 18.00 mg/kg 140.00 mg/kg 28.00 mg/kg 140.00 mg/kg Xylenes (total) 700.00 mg/kg 700.00 mg/kg 700.00 mg/kg 700.00 mg/kg POLYNUCLEAR AROMATIC HYDROCARBONS             Acenaphthene N/A^e N/A^e N/A^e N/A^e Anthracene N/A^e N/A^e N/A^e N/A^e Benz(a)anthracene 0.660 mg/kg^d N/A^e N/A^e N/A^e Benzo(a)pyrene 0.660 mg/kg^d N/A^e N/A^e N/A^e Benzo(b)fluoranthene 0.660 mg/kg^d N/A^e N/A^e N/A^e Benzo(g,h,i)perylene 0.660 mg/kg^d N/A^e N/A^e N/A^e Benzo(k)fluoranthene 0.660 mg/kg^d N/A^e N/A^e N/A^e Chrysene 0.660 mg/kg^d N/AN/A^e N/A^e N/A^e Dibenz(a,h)anthracene 0.660 mg/kg^d N/A^e N/A^e N/A^e Fluoranthene N/A^e N/A^e N/A^e N/A^e Fluorene N/A^e N/A^e N/A^e N/A^e Indeno(1,2,3,-c,d)pyrene 0.660 mg/kg N/A^e 0.660 mg/kg^d N/A^e Naphthalene N/A^e N/A^e N/A^e N/A^e Phenanthrene N/A^e N/A^e N/A^e N/A^e Pyrene N/A^e N/A^e N/A^e N/A^e a - Based on worst-case assumptions for one-dimensional vadose zone and groundwater contaminant fate and transport models. b - Based on an assumed distance of 0.5 feet between contaminated soils and the water table. c - Based on an assumed distance of 5.0 feet between contaminated soils and the water table. d - Estimated Quantitation Limit. The health-based threshold level is less than the laboratory method limit of detection. e - Not applicable. The health-based threshold level exceeds the expected soil concentration under free product condition. f - In the presence of other petroleum contaminants in concentrations exceeding 1.0 mg/kg, the Estimated Quantitation Limit, and hence the solid threshold level, may be substantially greater, as approved by EPD. (e) EPD has determined that, because of unique geologic, hydrologic or other site-specific conditions, a Corrective Action Plan - Part B is necessary to adequately protect human health and the environment.

1. (4) If a Corrective Action Plan - Part B must be proposed in compliance with paragraph 391-3-15-.09(3) above, the full extent of groundwater and surface water contamination must be delineated and one or more of the following corrective action objectives for contaminated soil, surface water, and groundwater, as applicable, in subparagraphs (a) through (d) below must be proposed and implemented upon approval by EPD:

   1. (a) Remediate soil contamination that exceeds the threshold levels listed in Table A or Table B or exceeds alternate threshold levels approved by EPD, as applicable;
   2. (b) Remediate free product that exceeds one-eighth inch (1/8") thickness or an alternate thickness, as approved by EPD;
   3. (c) Remediate groundwater contamination that exceeds federal and state Maximum Contaminant Levels where drinking water supplies exist within the distances defined in subparagraph (3)(c)(i) or (ii) above, as applicable, or that exceeds in-stream water quality standards, as applicable, or alternate concentration limits as required by EPD;

   4. (d) Determine alternate concentration limits for soil and groundwater corrective action through the use of an appropriate risk assignment, as determined by EPD, that demonstrates that the objectives in (a) and (c) above are not necessary to protect human health and the environment. The request for alternate concentration limits must explain clearly and concisely how these alternate concentration limits will adequately protect human health, safety, and the environment and shall not be utilized unless approved by EPD. Upon approval of proposed alternate concentration limits by EPD, the owner or operator must either:

      1. 1. Remediate contaminated soils and/or groundwater to approved alternate concentration limits and monitor the soils and/or the plume to validate and verify predictions of the risk assessment, including the natural degradation of petroleum contaminants, unless such monitoring is deemed unnecessary by EPD; or
      2. 2. If remediation of contaminated soils and/or groundwater is not necessary, monitor the soils and/or the plume to validate and verify predictions of the risk assessment, including the natural degradation of petroleum contaminants, unless such monitoring is deemed unnecessary by EPD;
2. (5) An owner or operator may transport or provide for transportation of petroleum contaminated soil only to storage, treatment or disposal facilities which have all applicable local, state and federal permits and such facility or facilities shall be designated in the applicable corrective action plan.
3. (6) Upon completion of corrective action, the UST owner or operator must certify in the completion report, in the format specified, that the CAP was implemented completely and correctly and that the objectives of the corrective action have been achieved.
4. (7) An owner or operator conducting a corrective action with funds from a source other than the Georgia Underground Storage Tank Trust Fund, may remediate contaminated soil or groundwater to more stringent objectives than those of paragraph 391-3-15-.09(4) at the owner or operator's discretion.
5. (8) All determinations of petroleum contaminants in soil or groundwater must be performed in conformity with Test Methods for Evaluating Solid Waste (United States Environmental Protection Agency, Office of Solid Waste and Emergency Response, SW-846, Third Edition, as revised) or with an alternate method, as approved by EPD.

Authority: O.C.G.A. § 12-13-1, et seq.

History. Original Rule entitled "Release Response and Corrective Action for UST Systems Containing Petroleum" adopted. F. Jan. 29, 1990; eff. Feb. 18, 1990.

Amended: F. Aug. 8, 1991; eff. Aug. 28, 1991.

Amended: F. Dec. 17, 1992; eff. Jan. 6, 1993.

Amended: F. Feb. 3, 1995; eff. Feb. 23, 1995.

Amended: F. June 6, 1996; eff. June 26, 1996.

Amended: F. Oct. 9, 2001; eff. Oct. 29, 2001.

Amended: F. Oct. 17, 2017; eff. Nov. 6, 2017.