[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR281.35]

[Page 540]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table 
of Contents
 
                Subpart C_Criteria for No-Less-Stringent
 
Sec. 281.35  Release response and corrective action.

    In order to be considered no less stringent than the corresponding 
federal requirements for release response and corrective action, the 
state must have requirements that ensure:
    (a) All releases from UST systems are promptly assessed and further 
releases are stopped;
    (b) Actions are taken to identify, contain and mitigate any 
immediate health and safety threats that are posed by a release (such 
activities include investigation and initiation of free product removal, 
if present);
    (c) All releases from UST systems are investigated to determine if 
there are impacts on soil and ground water, and any nearby surface 
waters. The extent of soil and ground water contamination must be 
delineated when a potential threat to human health and the environment 
exists.
    (d) All releases from UST systems are cleaned up through soil and 
ground water remediation and any other steps, as necessary to protect 
human health and the environment;
    (e) Adequate information is made available to the state to 
demonstrate that corrective actions are taken in accordance with the 
requirements of paragraphs (a) through (d) of this section. This 
information must be submitted in a timely manner that demonstrates its 
technical adequacy to protect human health and the environment; and
    (f) In accordance with Sec. 280.67, the state must notify the 
affected public of all confirmed releases requiring a plan for soil and 
ground water remediation, and upon request provide or make available 
information to inform the interested public of the nature of the release 
and the corrective measures planned or taken.