1. 1. System test. Owners and operators must conduct tests (according to the requirements for tightness testing in subdivision 3 of 9VAC25-580-160 and subdivision 2 of 9VAC25-580-170) or, as appropriate, secondary containment testing described in subdivision 4 of 9VAC25-580-110.

   1. a. The test must determine whether:

      1. (1) A leak exists in that portion of the tank that routinely contains product or in the attached delivery piping; or
      2. (2) A breach of either wall of the secondary containment has occurred.
   2. b. If the system test confirms a leak into the interstice or a release, owners and operators must repair, replace, upgrade, or close the UST system. In addition, owners and operators must begin corrective action in accordance with Part VI of this chapter if the test results for the system, tank, or delivery piping indicate that a release exists.
   3. c. Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release.
   4. d. Owners and operators must conduct a site check as described in subdivision 2 of this section if the test results for the system, tank, and delivery piping do not indicate that a release exists but environmental contamination is the basis for suspecting a release.

2. 2. Site check. Owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release. Samples shall be tested according to established EPA analytical methods or methods approved by the department.

   1. a. If the test results for the excavation zone or the UST site indicate that a release has occurred, owners and operators must begin corrective action in accordance with Part VI of this chapter.
   2. b. If the test results for the excavation zone or the UST site do not indicate that a release has occurred, further investigation is not required.

Unless corrective action is initiated in accordance with Part VI (9VAC25-580-230 et seq.) of this chapter, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under 9VAC25-580-190 within seven days, or another reasonable time period specified by the department upon written request made and approved within seven days after reporting of the suspected release.

The following steps are required for release investigation and confirmation:

Statutory Authority

§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts 280 and 281.

Historical Notes

Derived from VR680-13-02 § 5.3, eff. October 25, 1989; amended, Virginia Register Volume 34, Issue 1, eff. January 1, 2018; Errata, 34:4 VA.R. 504 October 16, 2017; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.