[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR280.66]

[Page 473]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 280_TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS 
AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)--Table of Contents
 
    Subpart F_Release Response and Corrective Action for UST Systems 
              Containing Petroleum or Hazardous Substances
 
Sec. 280.66  Corrective action plan.

    (a) At any point after reviewing the information submitted in 
compliance with Sec. Sec. 280.61 through 280.63, the implementing 
agency may require owners and operators to submit additional information 
or to develop and submit a corrective action plan for responding to 
contaminated soils and ground water. If a plan is required, owners and 
operators must submit the plan according to a schedule and format 
established by the implementing agency. Alternatively, owners and 
operators may, after fulfilling the requirements of Sec. Sec. 280.61 
through 280.63, choose to submit a corrective action plan for responding 
to contaminated soil and ground water. In either case, owners and 
operators are responsible for submitting a plan that provides for 
adequate protection of human health and the environment as determined by 
the implementing agency, and must modify their plan as necessary to meet 
this standard.
    (b) The implementing agency will approve the corrective action plan 
only after ensuring that implementation of the plan will adequately 
protect human health, safety, and the environment. In making this 
determination, the implementing agency should consider the following 
factors as appropriate:
    (1) The physical and chemical characteristics of the regulated 
substance, including its toxicity, persistence, and potential for 
migration;
    (2) The hydrogeologic characteristics of the facility and the 
surrounding area;
    (3) The proximity, quality, and current and future uses of nearby 
surface water and ground water;
    (4) The potential effects of residual contamination on nearby 
surface water and ground water;
    (5) An exposure assessment; and
    (6) Any information assembled in compliance with this subpart.
    (c) Upon approval of the corrective action plan or as directed by 
the implementing agency, owners and operators must implement the plan, 
including modifications to the plan made by the implementing agency. 
They must monitor, evaluate, and report the results of implementing the 
plan in accordance with a schedule and in a format established by the 
implementing agency.
    (d) Owners and operators may, in the interest of minimizing 
environmental contamination and promoting more effective cleanup, begin 
cleanup of soil and ground water before the corrective action plan is 
approved provided that they:
    (1) Notify the implementing agency of their intention to begin 
cleanup;
    (2) Comply with any conditions imposed by the implementing agency, 
including halting cleanup or mitigating adverse consequences from 
cleanup activities; and
    (3) Incorporate these self-initiated cleanup measures in the 
corrective action plan that is submitted to the implementing agency for 
approval.