[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: 40CFR281.35]



[Page 578]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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.