[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR280.52]



[Page 520-521]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 280_TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR 

OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)--Table of Contents

 

      Subpart E_Release Reporting, Investigation, and Confirmation

 

Sec.  280.52  Release investigation and confirmation steps.



    Unless corrective action is initiated in accordance with subpart F, 

owners and operators must immediately investigate and confirm all 

suspected releases of regulated substances requiring reporting under 

Sec.  280.50 within 7 days, or another reasonable time period specified 

by the implementing agency, using either the following steps or another 

procedure approved by the implementing agency:

    (a) System test. Owners and operators must conduct tests (according 

to the requirements for tightness testing in Sec.  280.43(c) and Sec.  

280.44(b)) that determine whether a leak exists in that portion of the 

tank that routinely contains product, or the attached delivery piping, 

or both.

    (1) Owners and operators must repair, replace or upgrade the UST 

system, and begin corrective action in accordance with subpart F if the 

test results for the system, tank, or delivery piping indicate that a 

leak exists.

    (2) Further investigation is not required if the test results for 

the system, tank, and delivery piping do not indicate that a leak exists 

and if environmental contamination is not the basis for suspecting a 

release.

    (3) Owners and operators must conduct a site check as described in 

paragraph (b) of this section if the test results for the system, tank, 

and delivery



[[Page 521]]



piping do not indicate that a leak exists but environmental 

contamination is the basis for suspecting a release.

    (b) 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 ground water, and other factors appropriate for 

identifying the presence and source of the release.

    (1) 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 subpart F;

    (2) 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.