[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: 40CFR280.64]



[Page 522-523]

 

                   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 F_Release Response and Corrective Action for UST Systems 

              Containing Petroleum or Hazardous Substances

 

Sec.  280.64  Free product removal.



    At sites where investigations under Sec.  280.62(a)(6) indicate the 

presence of free product, owners and operators must remove free product 

to the maximum extent practicable as determined by the implementing 

agency while continuing, as necessary, any actions initiated under 

Sec. Sec.  280.61 through 280.63, or preparing for actions required 

under Sec. Sec.  280.65 through 280.66. In meeting the requirements of 

this section, owners and operators must:

    (a) Conduct free product removal in a manner that minimizes the 

spread of contamination into previously uncontaminated zones by using 

recovery and disposal techniques appropriate to the hydrogeologic 

conditions at the site, and that properly treats, discharges or disposes 

of recovery byproducts in compliance with applicable local, State and 

Federal regulations;



[[Page 523]]



    (b) Use abatement of free product migration as a minimum objective 

for the design of the free product removal system;

    (c) Handle any flammable products in a safe and competent manner to 

prevent fires or explosions; and

    (d) Unless directed to do otherwise by the implementing agency, 

prepare and submit to the implementing agency, within 45 days after 

confirming a release, a free product removal report that provides at 

least the following information:

    (1) The name of the person(s) responsible for implementing the free 

product removal measures;

    (2) The estimated quantity, type, and thickness of free product 

observed or measured in wells, boreholes, and excavations;

    (3) The type of free product recovery system used;

    (4) Whether any discharge will take place on-site or off-site during 

the recovery operation and where this discharge will be located;

    (5) The type of treatment applied to, and the effluent quality 

expected from, any discharge;

    (6) The steps that have been or are being taken to obtain necessary 

permits for any discharge; and

    (7) The disposition of the recovered free product.