[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR280.64]

[Page 519]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 280_TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND 
 
    Subpart F_Release Response and Corrective Action for UST Systems 
 
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;
    (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.