[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: 40CFR280.66]



[Page 523-524]

 

                   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.  280.66  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;



[[Page 524]]



    (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.