STIRA Guidelines 2021.pdf

GUIDELINES FOR SITE CHECKS, TANK CLOSURE,

AND INITIAL RESPONSE AND ABATEMENT

PETROLEUM AND HAZARDOUS SUBSTANCE UST RELEASES

PETROLEUM NON-UST RELEASES

UST Section

North Carolina Department of Environmental Quality

Division of Waste Management

May 17, 2021 Version Change 11 – 2021

Index of Changes

Document Title and Revised Pages Version Date Change Date Change Number

Guidelines for Assessment and Corrective Action for UST Releases (current version)

July 15, 2008 October 1, 2012 Change 2

Guidelines for Sampling (current version) July 15, 2008 May 1, 2012 Change 2 Guidelines for Ex Situ Petroleum Contaminated Soil Remediation (current version)

August 23, 2012

Guidelines for Initial Response and Abatement, Assessment, and Corrective Action for Non-UST Releases of Petroleum (current version)

July 1, 2012

Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases

Pages i to 81

March 1, 2007

Pages iii, iv, 9, 10, 11, 14, 15, 19, 23-26, 37-41, 71- 73, 81, 82, 84(del)

July 1, 2007 Change 1

Title Page, iii, vi, vii-viii, 1, 6, 8, 11, 13, 15, 18, 20, 22, 24, 25, 28, 30, 31-39, 40, 45, 59, 85, 88-93, 94, 95

July 15, 2008 Change 2

Pages 21, 24, 31-34, 38-39 December 1, 2008 Change 3 Title Page, iii-ix, 1-3, 28, 31-36, 37-50, 52-79, 83-

87, 93-100 August 1, 2012 Change 4

Title Page, 37-50 December 1, 2013 Change 5

DRAFT FOR PUBLIC COMMENT -

Changes in Text, Figures, Tables, and Appendices

March 1, 2017 Draft 6

Comprehensive Changes in Text, Figures, Tables, and Appendices

May 1, 2017 Change 6

Title Page, Page 49, Figure 5 July 7, 2017 Change 7 Title Page, ix, 32, 33, 112, 113

(Changes per Amendments to 15A NCAC 2T) January 9, 2018 Change 8

Title Page, 6 February 1, 2019 Change 9 Comprehensive Changes in Text, Figures, Tables, and Appendices

January 19, 2021 Change 10

Title Page, Page 9, 39-41, Figures 1-10 May 17, 2021 Change 11 iii

Table of Contents Index of Changes ......................................................................................................................................... ii

Tables .......................................................................................................................................................... vi

Appendices ................................................................................................................................................. vii

Definitions ................................................................................................................................................... ix

Acronyms

1.0 Introduction

1.1 Purpose of the Guidelines

1.2 Statutory and Regulatory Background

1.3 Regulated USTs vs. Non-Regulated USTs

1.4 Commercial USTs vs. Noncommercial USTs

1.5 Hazardous substance UST Releases Overview

1.6 Non-Regulated Non-Petroleum UST Releases

1.7 Petroleum Non-UST Releases

2.0 UST Site Check Guidelines for Regulated UST Systems

2.1 Site Check Description

2.2 Site Check Requirements

3.0 UST Closure

3.1 Regulated UST Closure Requirements

3.2 Installation of New or Replacement UST Systems in Former UST System Locations

3.3 Non-Regulated UST Closure Requirements

3.4 UST Closure (and Change-in-Service) Guidelines for Regulated UST Systems

3.5 Pre-Closure Actions

3.6 Cleaning, Removal, and Disposal of USTs and Associated Piping and Dispensers

3.7 Regulated UST Closure (and Change-in-Service) Assessment Requirements

3.7.1 Closure by Removal of USTs

3.7.2 Closure by Removal of UST(s) Underlain by Concrete Pad

3.7.3 In-Place Closure (or Change-in-Service) of USTs

3.7.4 Closure of USTs in Areas with High Water Tables

3.7.5 Closure of USTs Located in or on Bedrock

3.7.6 Sampling Under Product Lines, Dispensers or Dispenser Islands, and Fill Ports or Spill Buckets during

UST Closure or Change-in-Service

3.8 Reporting of Regulated UST Closure Assessment Results

3.9 Non-Regulated Petroleum UST Closure Assessment Requirements

4.0 Initial Response and Abatement Actions

4.1 Initial Response and Abatement Requirements

iv

4.2 Initial Response Actions

4.2.1 24-Hour Release Report

4.2.2 Action to Prevent Further Release

4.2.3 Identification and Mitigation of Hazards from Exposure to Pollutants

4.2.4 Identification and Mitigation of Fire, Explosion, and Vapor Hazards

4.3 Initial Abatement Actions

4.3.1 Completion of Investigation to Confirm Presence of Environmental Contamination and Determine

Source of Release

4.3.2 Investigation and Recovery of Free Product

4.3.3 Continued Mitigation and Monitoring of Fire, Explosion, and Vapor Hazards

4.3.4 Remediation of Hazards Posed by Exposed Contaminated Soil

4.3.5 Reporting

4.3.6 Submittal of 20-Day Report

4.3.7 Submittal of 45-Day Report (for hazardous substance USTs)

5.0 Excavation of Contaminated Soil After Petroleum and Hazardous Substances Releases

5.1 Excavation of Contaminated Soil

5.1.1 Requirements for Excavation

5.1.2 Limitations to Excavation

5.1.3 Sampling during and at Completion of Excavation

5.1.4 Sampling: Over-Excavation following Site Checks or Regulated Commercial UST Closure

5.1.5 Post-Excavation Reporting and Actions

5.2 Excavation of Contaminated Soil from Non-Regulated Petroleum UST Releases

5.2.1 Requirements, Limits, Sampling, and Reporting for Non-regulated UST Excavations

5.2.2 Post-Excavation Actions at Non-regulated UST Releases

5.3 Excavation of Contaminated Soil from Regulated Non-Petroleum (Hazardous Substance) UST Releases

5.3.1 Requirements, Limits, Sampling, and Reporting for Regulated Non-Petroleum UST Excavations

5.3.2 Post-Excavation for Regulated Non-Petroleum (Hazardous Substance) UST Release Reporting and Actions

5.4 Disposal of Contaminated Soil and Groundwater from Excavations

6.0 Reporting Requirements

6.1 Site Check Report

6.2 24-Hour Release Leak Reporting Forms

6.3 Notice of Intent: UST Permanent Closure or Change-in-Service Form (UST-3 Form)

6.4 Free Product Recovery Report

6.5 20-Day Report

6.6 UST Closure Report (following UST-12 Format) with UST-2 Form

6.7 Closure of a Non-regulated Noncommercial UST

6.8 UST Closure Report with Release

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6.9 45-Day Report (for non-petroleum UST releases only)

6.10 Initial Abatement Action Report

6.11 Limited Site Assessment Report

6.12 Other Reports and Actions

7.0 Reference for Sampling: “Guidelines for Sampling”

8.0 References

Figures

Figure 1 Requirements for Releases Discovered during SITE CHECKS (REGULATED

COMMERCIAL Petroleum UST Systems only)

Figure 2 Requirements for Failed Spill Bucket Tests at Commercial UST Systems 61

Figure 3 Requirements for Closure (or Change-in-Service) and Initial Release Response and

Abatement for REGULATED COMMERCIAL Petroleum UST Systems

Figure 4 Requirements for NON-REGULATED COMMERCIAL Petroleum UST Releases 63

Figure 5 Requirements for NON-REGULATED NONCOMMERCIAL Petroleum UST Systems 64

Figure 6 Requirements for Closure (or Change-in-Service) and Initial Release Response and

Abatement for REGULATED HAZARDOUS SUBSTANCE UST Systems

Figure 7 Requirements for Non-UST Releases of Petroleum 66

Figure 8 Soil Excavation for Initial Abatement of a New Release at a Site with No Prior Release AND

Unknown Risk AND USTs are Being Permanently Closed (or do not Impede Soil Excavation)

- Pre-approval Not Required

Figure 9 Soil Excavation for Initial Abatement of a NEW ISOLATED Release at a Site with a Prior

Release, Risk Ranking AND USTs are Being Permanently Closed (or do not Impede Soil

Excavation) - Pre-approval Required

Figure 10 Soil Excavation for Initial Abatement of a NEW COMINGLED Release at a Site with a Prior

Release AND Risk Ranking AND USTs are Being Permanently Closed (or do not impede soil excavation) - Pre-approval Required vi

Tables (See COMPREHENSIVE TABLES FOR CORRECTIVE ACTION GUIDELINES)

Table 1 Maximum Soil Contaminant Concentration Levels (MSCCs)

Table 2 Gross Contamination Levels for Groundwater

Table 3 Approved Methods for Soil Analyses at Petroleum UST Closures and Over- Excavation and at Site Checks

Table 4 Approved Soil Analyses Methods for Advanced Phases of Petroleum UST and Non- UST Release Investigations

Table 5 Approved Methods for Groundwater Analyses at Petroleum UST Closures and Release Investigations (All Phases)

Table 6 Approved Methods for Soil Analyses at Non-Petroleum UST Closures and Release Investigations

Table 7 Approved Methods for Groundwater Analyses at Non-Petroleum UST Closures and Release Investigations

Table 8 Sample Containers and Preservatives for Soil Analyses

Table 9 Sample Containers and Preservatives for Groundwater Analyses

Table 10 Worksheet for Calculating MADEP Soil Sample Results

Table 11 Worksheet for Calculating MADEP Groundwater Sample Results

Table 12 Approved Methods for Soil Analyses for a Permit

Table 13 Equipment Construction Materials

Table 14 Construction Material Selection for Sample Collection Equipment

Table 15 Equipment for Collecting Groundwater Samples

Table 16 Water Sampling Equipment Use and Construction

Table 17 Soil Sampling Equipment Use and Construction vii

Appendices

Appendix A

1. Site Check Report

2. UST-3 - Notice of Intent: UST Permanent Closure or Change-in-Service

3. 24-Hour Release and UST Leak Reporting Form (UST 61 Form)

4. 24-Hour Notification of Discharge Form (UST 62 Form)

5. 20-Day Report

6. UST Closure Report (following UST-12 format) and Site Investigation Report for

Permanent Closure or Change-in-Service of UST (UST-2 Form)

7. Site Investigation Report for Permanent Closure or Change-in-Service of UST

8. Initial Abatement Action (Site Check, UST Closure with UST-2 Form, Excavation, Post-Excavation Soil Contamination Assessment) Report

9. 45-Day Report (For non-petroleum UST releases only)

10. Free Product Recovery Report

11. Free Product Recovery System Specification Report

12. Initial Site Assessment Report (For non-UST petroleum releases only)

13. Limited Site Assessment Report

14. Request for Water Supply Well Information

15. Comprehensive Site Assessment Report

16. Soil Assessment Report

17. Corrective Action Plan

18. Soil Cleanup Plan

19. Monitoring Reports

20. System Enhancement Recommendation Report

21. New Technology Cleanup Plan

22. Soil Cleanup Report with Site Closure Request

23. Site Closure Report

24. Format of Individual Public Notice

25. Format of Public Notice by Posting (15A NCAC 2L .0409(a))

26. Format of Individual Public Notice for Non-Petroleum UST Releases

27. VPH (Aliphatics/Aromatics) Laboratory Reporting Form

28. EPH (Aliphatics/Aromatics) Laboratory Reporting Form viii

Appendix B – Reporting Tables Table B-1: Site History – UST/AST System and Other Release Information Table B-2: Site History - UST/AST Owner/Operator and Other Responsible Party Information Table B-3: Summary of Soil Sampling Results Table B-4: Summary of Groundwater and Surface Water Sampling Results Table B-5: Public and Private Water Supply Well and Other Receptor Information Table B-6: Contiguous Property Owners/ Occupants Table B-7: Monitoring and Remediation Well Construction Information Table B-8A: NAPL Recovery Information Table B-8B: Cumulative Volume of NAPL Recovered from Site Table B-9: Current and Historical Groundwater Elevations and NAPL Thickness Table B-10: Land Use Table B-11: Summary of Air/Vapor Sampling Results Table B-12: Evaluation of Change in Contaminant Mass

Appendix C - UST Systems: Regulated or Not Regulated under 15A NCAC 2N Appendix D - Collecting Soil and Groundwater Samples Appendix E - Disposal of Contaminated Soil and Groundwater

Appendix F - Guidance Pertaining to Releases from Contaminant Sources Other than USTs

- Petroleum ASTs and Petroleum Surface spills

- Contamination Related to Naturally Occurring Conditions, Permitted Facilities, and

Agricultural Activities

- Hazardous Waste

- Superfund

- Pesticide Contamination

- Dry Cleaning Facilities

- Non-petroleum Releases not described by Above Items

Appendix G - Required Permits Appendix H - Aquifer Testing Appendix I - Notices of Residual Petroleum Appendix J. Development of Maximum Soil Contaminant Concentrations ix

Definitions

Action Level: the concentration of a contaminant that if exceeded will require further regulatory action such as sampling, cleanup or monitoring. Action Levels may be screening values as well as regulatory levels. Screening analyses used as surrogate against regulatory standards may trigger exceedance of an Action Level if more comprehensive sampling information is not available.

Aquifer: a permeable body of rock or sediment that stores and transmits groundwater in sufficient quantity to supply wells or springs.

Bedrock: any consolidated rock which is encountered in the place in which it was formed or deposited and which cannot be readily excavated without the use of explosives or heavy rock cutting equipment. (15A NCAC 02L.0102) Bedrock generally underlies soil or other unconsolidated, superficial material.

Cleanup Level: the concentration of a contaminant at which no further cleanup actions are required based on the risk of harm posed by the contaminant.

Closure: activities conducted during the permanent removal (or abandonment) of underground storage tank systems and not inclusive of abatement or corrective actions, or remediation.

Commercial Underground Storage Tank: any tank or tank system, including any connected piping, containing petroleum products, where at least ten percent (10%) of the total system volume (including both tanks and piping) is buried beneath the surface of the ground, excluding any systems exempted in North Carolina General Statute (NCGS) 143-215.94A(2).

Confining Layer: a layer having very low hydraulic conductivity, in relationship to adjacent stratigraphic units, that restricts the movement of water into and out of an aquifer (e.g., dense, unfractured clay).

Confirmed Release: a release for which an analytical result for sampled media shows any contaminant level above the Method Detection Limit.

Contaminant: any substance occurring in concentrations which exceed the groundwater quality standards specified in 15A NCAC 02L.0202.

De Minimis Concentration: amount of a regulated substance which does not exceed one percent

(1%) of the capacity of the tank, excluding piping and vent lines (15A NCAC 02N.0203).

Department: the North Carolina Department of Environmental Quality.

Discharge: a release (See also Release).

Division: the Division of Waste Management.

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Ex Situ Soil: soil that has been excavated.

Free Product: free-phase petroleum, also known as liquid-phase hydrocarbon or phase-separated hydrocarbon (See also NAPL).

Gross Contamination Levels (GCLs): levels of groundwater contamination for any contaminant

(except ethylene dibromide, benzene and the aliphatic and aromatic carbon fraction classes) that exceed 50 percent of the solubility of the contaminant at 25 degrees Celsius or 1,000 times the groundwater quality standard or interim groundwater quality standard established in 15A NCAC 02L .0202, whichever is lower: and levels of groundwater contamination for ethylene dibromide and benzene that exceed 1,000 times the federal drinking water standard set out in

40 CFR 141.

Groundwater: those waters occurring in the subsurface under saturated conditions.

Hazardous Substance: a hazardous substance defined in Section 101 (14) of the Comprehensive

Environmental Response Compensation and Liability (CERCLA) Act of 1980 (but not including any substances regulated as a hazardous waste under RCRA Subtitle C or any mixture of such substances and petroleum).

Hazardous Waste: discarded material which, due to its quantity, concentration, or physical or chemical characteristics, may cause or significantly contribute to an increase in mortality, irreversible or incapacitating reversible illness, or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed (Federal regulations define a waste as a hazardous waste if it exhibits a characteristic of a hazardous waste (40 CFR 261.20 through 261.24); has been listed as hazardous (40 CFR 261.31 through 261.33); or is a mixture containing a listed hazardous waste and a non-hazardous solid waste (unless the mixture is specifically excluded or no longer exhibits any of the characteristics of a hazardous waste).

In Situ Soil: soil or fill material that is in the ground and has not been disturbed.

Land Application: the process of remediating contaminated soil by spreading soil over land. Land application may include remediating soil by natural biological methods, enhanced biological methods, or volatilization.

Maximum Soil Contaminant Concentration (MSCC): the concentration of a soil contaminant at which no further cleanup actions are required based upon the risk of harm posed by the contaminant.

Method Detection Limit (MDL): the minimum concentration of a substance that can be measured and reported with 99% confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix containing the analyte (40 CFR 136 Appendix B).

xi

Maximum Extent Practicable (MEP): the limits of available technology and the practical and technical limits on an owner or operator of an underground storage tank to conduct assessment and cleanup activities that are protective of human health and the environment in response to a discharge of petroleum to the environment.

Minimum Reporting Limit (MRL): the minimum reporting limit that must be achieved by laboratories for target analyte results submitted to the UST Section; it is a reporting limit established by the UST Section for the target analytes required for each approved analytical method as an alternative to the detection limit indicated in the method description and is listed for each analyte in the Guidelines for Sampling.

NAPL: also known as “free product”. A non-aqueous phase liquid (i.e., not dissolved in water) which may be present within the subsurface at a measurable thickness greater than or equal to

0.01 of a foot (approximately 1/8 inch), as a sheen on surface water, or accumulating as a liquid on an exposed surface. Depending on the density of the liquid in relation to water, the NAPL may be further described as ‘Light’ (LNAPL) or ‘Dense” (DNAPL).

Non-Commercial Underground Storage Tank: any tank or tank system, including any connected piping, containing petroleum products, where at least ten percent (10%) of the total system volume (including both tanks and piping) is buried beneath the surface of the ground, that is not included within the Commercial UST classification, and excluding any systems exempted in North Carolina General Statute (NCGS) 143-215.94A(7) .

Operator: Per § 143-215.94OO "Primary operator" means a person having primary responsibility for the daily on-site operation and maintenance of an underground storage tank system.

Petroleum or Petroleum Product: crude oil or any fraction thereof which is liquid at standard conditions of temperature (60 degrees Fahrenheit) and pressure (14.7 pounds per square inch absolute), but excluding substances defined as a hazardous substance in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980.

Petroleum Contaminated Soil or Soil Containing Petroleum Products: any soil that has been exposed to petroleum products because of any emission, spillage, leakage, pumping, pouring, emptying, or dumping of petroleum products onto or beneath the land surface and that exhibits characteristics or concentrations of typical petroleum product constituents in quantities that exceed the soil-to-groundwater MSCC or the residential MSCC, whichever is lower, as established by 15A NCAC 02L .0411.

Practical Quantitation Limit (PQL): the lowest concentration of a given material that can be reliably achieved among laboratories within specified limits of precision and accuracy by a given analytical method during routine laboratory analysis.

Receptor: any human, plant or animal, structure or surface water body that is or has the potential to be adversely effected by the release or migration of contaminants.

xii

Release: any spilling, leaking, emitting, discharging, escaping, leaching or disposing into groundwater, surface water or subsurface soils. (Refer to statutes and regulations relevant to UST releases or to AST and surface releases.)

Responsible Party (RP): a UST owner, UST operator, and/or landowner seeking reimbursement from the State Trust Fund, or any person who is responsible for a discharge or release of petroleum or a hazardous substance. (Refer to statutes and regulations relevant to UST releases or to AST releases and spills.)

Smear Zone: the zone around a source area where LNAPL has been ‘smeared’ across different soil horizons due to water table fluctuations, with some LNAPL remaining trapped in pore spaces beneath the historic high water table.

Soil (or Regolith): a general term for the fragmental and unconsolidated geological material of highly varied character that nearly everywhere forms the surface of the land and overlies or covers bedrock. It includes rock debris of all kinds, volcanic ash, glacial till, alluvium, loess and eolian deposits, and vegetal accumulations.

Soil Scientist: an individual who is a Certified Professional in Soils through the NCRCPS (N.C.

Registry of Certified Professionals in Soils) or a Certified Professional Soil Scientist or Soil Specialist by ARCPACS (American Registry of Certified Professionals in Agronomy, Crops and Soils) or a Registered Professional Soil Scientist by NSCSS (the National Society of Consulting Soil Scientist) or can provide documentation that he/she meets the minimum education and experience requirements for certification or registration by one or more of the organizations named in this Subparagraph or upon approval by the Director, an individual with a demonstrated knowledge of soil science.(15A NCAC 2T .0103(38)).

Source Area: point of release or discharge. The term ‘secondary source area’ refers to any zone of NAPL-impacted soil that continues to release contaminants in the subsurface.

Surface Water: all waters of the state as defined in North Carolina General Statute (NCGS) 143-

215.77 Article 21A, except for underground waters, such that "waters" shall mean any stream, river, creek, brook, run, canal, swamp, lake, sound, tidal estuary, bay, reservoir, waterway, wetlands or any other body or accumulation of water, surface or underground, public or private, natural or artificial, which is contained within, flows through, or borders upon this State, or any portion thereof, including those portions of the Atlantic Ocean over which this State has jurisdiction.

Total Petroleum Hydrocarbons (TPH): a measure of hydrocarbon compounds grouped by the amount of carbon (C) in each, called carbon fractions. EPA Method 8015 provides C6-C10 alkanes labeled as Gasoline Range Organics (GRO) and C10-C28 alkanes labeled as Diesel Range Organics (DRO). The UST Section currently uses 50 milligrams per kilogram (mg/kg) for GRO and 100 mg/kg for DRO as surrogate thresholds for screening against the applicable soil standards. Note that TPH data are only used for screening and cannot supersede constituent-specific analytical results.

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Transmissivity: the rate of groundwater flow through a one unit width over the entire saturated thickness of a hydrogeologic unit, describing the ability of that unit to produce groundwater as a volume per day per unit width.

Underground Storage Tank (UST): any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground (For a full definition, see 15A NCAC 02N .0203.).

Unrestricted Use Standards: land use restrictions for a property contaminated by a petroleum release are not required when soil contaminant concentrations are below residential maximum contaminant concentrations and groundwater contaminant concentrations are below the 2L groundwater standards.

Used Oil: means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.

UST System: an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.

Waste Oil: a generic term for oil that has been contaminated with substances that may or may not be hazardous. Any used oil or waste oil spill from a non-UST stored generator, transporter, recycler, etc. would fall under the jurisdiction of the Hazardous Waste Section if determined to be a hazardous waste.

Water Table: the surface of the saturated zone (phreatic zone) below which all interconnected voids are filled with water and at which the pressure is atmospheric.

Acronyms

AFVR Aggressive Fluid - Vapor Recovery

ASC Accelerated Site Characterization

AST Aboveground Storage Tank

ASTM American Society for Testing and Materials

CAP Corrective Action Plan

CAS Chemical Abstracts Service Number

CERCLA Comprehensive Environmental Response, Compensation and Liability Act

CFR Code of Federal Regulations

CPT Cone Penetrometer/Penetration Test

CSA Comprehensive Site Assessment

DEQ Department of Environmental Quality

DPP Direct-Push Platform

DWR Division of Water Resources

DWM Division of Waste Management

EDB Ethylene Dibromide (1,2 Dibromoethane)

EPA The Environmental Protection Agency

FID Flame Ionization Detector

GCL Gross Contamination Level

HCl Hydrochloric Acid

HNO3 Nitric Acid

HPT Hydraulic Profiling Tool

IAA Initial Abatement Action

IAR Initial Site Assessment Report

IATA International Air Transport Association

ITRC Interstate Technology & Regulatory Council

L.G. Licensed Geologist

LUR Land Use Restrictions

LIF Laser-Induced Fluorescence (Direct Push)

LSA Limited Site Assessment

LUST Leaking Underground Storage Tank

MADEP Massachusetts Department of Environmental Protection

MDL Method Detection Limit

MIP Membrane Interface Probe

MMPE Mobile Multi-Phase Extraction

MRL Minimum Reporting Limit

MSCC Maximum Soil Contaminant Concentration

MNA Monitored Natural Attenuation

NAPL Non-Aqueous Phase Liquid

NC North Carolina

NCAC North Carolina Administrative Code

NCDA&CS North Carolina Department of Agriculture & Consumer Services

NCGS North Carolina General Statutes

NCS Notice of Contaminated Site

NFA No Further Action

NORR Notice of Regulatory Requirements

NOV Notice of Violation

NPDES National Pollutant Discharge Elimination System

NRP Notice of Residual Petroleum

OPHSCA Oil Pollution and Hazardous Substances Control Act of 1978

PAH Polycyclic Aromatic Hydrocarbon

PCB Polychlorinated Biphenyl

P.E. Professional Engineer

PID Photoionization Detector

POTW Publicly Owned Treatment Works

PQL Practical Quantitation Limit

PVI Petroleum Vapor Intrusion

QA/QC Quality Assurance/Quality Control

RCRA Resource Conservation and Recovery Act

ROD Record of Decision

RRD Reasonable Rate Document

SAR Soil Assessment Report

SCR/SCR Soil Cleanup Report/Site Closure Request

SM Standard Method

STIRA Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement for UST

Releases

STF State Trust Fund

SVE Soil Vapor Extraction

SVOC Semi-Volatile Organic Compounds

SW Solid Waste

TCLP Toxicity Characteristic Leaching Procedure (EPA Method SW-846 1311)

TOC Total Organic Carbon

TPH Total Petroleum Hydrocarbons

TPH-DRO Total Petroleum Hydrocarbons - Diesel Range Organics

TPH-GRO Total Petroleum Hydrocarbons - Gasoline Range Organics

UST Underground Storage Tank

UVF Ultraviolet Fluorescence

USGS United States Geological Survey

VOA Volatile Organic Analysis

VOC Volatile Organic Compounds

GUIDELINES FOR SITE CHECKS, TANK CLOSURE, AND INITIAL

RESPONSE AND ABATEMENT

1.0 Introduction

1.1 Purpose of the Guidelines

The purpose of the Guidelines for Site Checks, Tank Closure, and Initial Response and Abatement (or STIRA), hereafter referred to as the “STIRA Guidelines”, is to provide procedures for performing site checks for regulated UST systems, to investigate suspected releases of petroleum and hazardous substances, and to provide guidance for performing and reporting initial response and abatement actions. Releases covered by this document include petroleum USTs, hazardous substance USTs and petroleum non-USTs. Petroleum non-UST releases can include surface spills, releases from aboveground storage tanks (ASTs), and releases from associated conduits and piping.

This document replaces all previous guidance documents issued by the UST Section pertaining to initial response and abatement actions for regulated, unregulated, non-petroleum UST systems and non-UST petroleum releases. Any release discovered from a UST system during closure, during site check, or by other means must be initially addressed with initial response and abatement actions in accordance with this document and then, if further assessment is required, addressed in accordance with the Assessment Guidelines and Corrective Action Guidelines, current versions.

All work performed pursuant to these Guidelines which involves site assessment, interpretation of subsurface geologic conditions, or preparation of corrective action plans or which requires detailed technical knowledge of site conditions must be performed by persons, firms, and corporations licensed by the North Carolina State Board of Professional Engineers or the North Carolina State Board of Licensed Geologists, as required under 15A NCAC 02L .0103(e). Furthermore, the title pages of the 20-Day Report and the Initial Abatement Action Report required by these Guidelines must display the seal and signature of the certified Professional Engineer or Licensed Geologist and the name and corporate certification number of the firm or corporation, as applicable.

The guidelines do not imply or guarantee Trust Fund eligibility and/or reimbursement or in any way supersede any requirement of pre-approval.

Emergency actions should be taken as soon as a release is discovered, the following documents may be helpful:

• If initial release abatement efforts cannot restore the site to pre-release conditions, the assessment described in the Assessment Guidelines must be considered as the next step.

The Assessment Guidelines assists tank owners, tank operators, landowners, and other ‘responsible parties’ in understanding the process of evaluating releases to meet the applicable statutes and administrative rules. Releases covered by Assessment Guidelines include petroleum USTs, hazardous substance USTs and petroleum non-UST releases.

Petroleum non-UST releases can include surface spills, releases from aboveground storage tanks (ASTs), and releases from associated conduits and piping.

• If contamination remains above the goals established by the risk identified during assessment activities, corrective action must be considered the next step. The Corrective Action Guidelines assist tank owners, tank operators, landowners, and other responsible parties in understanding the process of remediating releases to meet the applicable statutes and administrative rules. Releases covered by the Corrective Action Guidelines include petroleum USTs, hazardous substance USTs and petroleum non-UST releases. Petroleum non-UST releases can include surface spills, releases from aboveground storage tanks (ASTs), and releases from associated conduits and piping. The Corrective Action Guidelines describe methods and procedures for performing corrective action procedures and tasks to reduce the levels of petroleum or other contamination and characterizing the risk posed to human health and the environment.

Electronic versions of all guidelines developed by the UST Section are available for download from the Division of Waste Management – Underground Storage Tank Section web site at https://deq.nc.gov/about/divisions/waste-management/ust. Questions concerning the information presented in this document should be directed to the UST Section Central Office at 919-707-8200.

Questions concerning a specific site should be directed to the UST Section regional office that is responsible for the county in which the site is located. The address, telephone number, of the central office and each regional office are provided on the Corrective Action Branch Map and can be found at the following website:

https://deq.nc.gov/about/divisions/waste-management/ust/corrective-action

Note: Throughout this document, comments related to the North Carolina Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund (State Trust Fund) will be enclosed in boxed text, such as this. If State Trust Fund reimbursement is anticipated for any work related to a leaking Commercial UST, the parties concerned should be aware of all policies and procedures that pertain to the State Trust Fund to insure reimbursement eligibility.

Information related to the scope-of-work of tasks that may be required to be performed in accordance with the regulations and up to the maximum rates allowed for these tasks is provided in the current version of the Reasonable Rate Document, which is available in electronic format from the UST Section’s web page at https://deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/trust-fund-branch/reasonable-rate-documents.

The State Trust Fund is authorized under Chapter 143, Article 21A, Part 2a of the North Carolina General Statutes, and is regulated under Title 15A of the North Carolina Administrative Code, Subchapter 2P. State Trust Funds may be used only for the cleanup of commercial leaking petroleum USTs. Furthermore, some costs incurred for cleanup of leaking petroleum USTs may not be reimbursable, as described in the most current version of the Task Scope-of-Work Document.

Owners or operators applying for participation in the State Trust Fund are cautioned that all required annual operating fees must be paid in full before any release is discovered, or reimbursement will not be available for any cleanup or third-party liability expense incurred in response to a release from that UST system (even if all outstanding fees are subsequently paid). Questions related to eligibility and reimbursement should be directed to the Trust Fund Branch at 919-707-8200.

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1.2 Statutory and Regulatory Background

The Department of Environmental Quality (DEQ or Department) has the authority to regulate the response to a petroleum releases, and does so through the Underground Storage Tank (UST) Section of the Department’s Division of Waste Management (DWM). This regulatory authority and the responsible party’s obligations to address a petroleum release are defined in Title 15A of the North Carolina Administrative Code (NCAC), under Subchapters 02L and 15A NCAC 02N.

In addition to petroleum releases, the UST Section is tasked with overseeing remediation of releases from hazardous substance UST systems 40 CFR § 280.60 and §143-215.78 Oil pollution control program. These NC General Statutes state that the Department shall establish an oil pollution control program for the administration of this Article (Article 21A. Oil Pollution and Hazardous Substances Control). The rules establish criteria and standards that include the requirements and procedures for permanently closing UST systems, investigating suspected releases, and performing initial response and abatement actions for petroleum UST, petroleum non-UST and non-petroleum UST releases.

The Oil Pollution and Hazardous Substance Control Act (OPHSCA, G.S. § 143-215.94A(10)) defines the term ‘petroleum’ or ‘petroleum product’ as being crude oil or any fraction of crude oil that is a liquid at standard temperatures and pressures, including blended motor fuels that include alcohol, and excluding anything that would be defined as a ‘hazardous substance’ covered under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, (or CERCLA,) or a ‘hazardous waste’ covered under the Resource Conservation and Recovery Act of 1976, (or RCRA).

The term ‘oil’ is defined by OPHSCA (G.S. § 143-215.77(8)) as any type of oil or ‘liquid hydrocarbon’ commonly used as fuel for motor vehicles or heating, oil used for lubrication, oil refuse and sludges, and petroleum-related products, by-products, or mixtures with other substances, etc.

If the substance released is not naturally occurring (or is naturally occurring but exceeds the naturally occurring standard), it must comply with the assessment and corrective action requirements of 15A NCAC 02L .0106.

Petroleum releases from USTs and other non-UST sources are governed by the North Carolina Environmental Management Commission (EMC) per the OPHSCA, as incorporated in Article 21A of Chapter 143 of the North Carolina General Statutes (G.S. § 143-215.75 through § 143- 215.104AA.) A flowchart of requirements for UST petroleum releases is included as Figure 1. A flowchart of requirements for Non-UST releases of petroleum is included as Figure 2.

1.3 Regulated USTs vs. Non-Regulated USTs

This document provides guidance relevant to both regulated USTs and non-regulated USTs for any closure or site check activity through the initial abatement of a release. The term “regulated UST” is defined and distinguished from “non-regulated UST”. A “regulated UST” is any underground tank containing regulated substances, as defined in 15A NCAC 02N, specifically petroleum (including but not limited to gasoline, diesel and used/waste oil) or a hazardous http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-%20environmental%20management/subchapter%20l/subchapter%20l%20rules.pdf http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-%20environmental%20management/subchapter%20l/subchapter%20l%20rules.pdf http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-%20environmental%20management/subchapter%20n/subchapter%20n%20rules.pdf https://www.govregs.com/regulations/expand/title40_chapterI_part280_subpartF_section280.60 https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143-215.78.pdf https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143-215.94A.pdf https://www.epa.gov/laws-regulations/summary-comprehensive-environmental-response-compensation-and-liability-act https://www.epa.gov/laws-regulations/summary-comprehensive-environmental-response-compensation-and-liability-act https://www.epa.gov/rcra https://www.epa.gov/rcra https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_143/GS_143-215.77.pdf http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-%20environmental%20management/subchapter%20l/15a%20ncac%2002l%20.0106.pdf https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_143/Article_21A.html https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_143/Article_21A.html http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20-%20environmental%20management/subchapter%20n/subchapter%20n%20rules.pdf substance (including halogenated or non-halogenated solvents, a list called the Consolidated List of Lists can be found on the web page https://www.epa.gov/epcra under the Most Requested Documents to help identify these substances).

USTs which constitute exceptions to this definition are considered “non-regulated USTs” and include, among others:

• USTs containing heating oil that is used on the premises where stored.

• Farm or residential motor-fuel USTs (such as those containing gasoline or diesel fuel) that hold 1,100 gallons or less in capacity. (To be considered exempt from the regulations, both farm and residential tanks must be 1,100 gallons or less in capacity and not be used for commercial (e.g., resale, delivery fleets, etc.) purposes.

USTs located on farm or residential property which are used for fuel resale or for other commercial purposes are regulated.)

• USTs that hold under 110 gallons in capacity.

The difference between regulated and non-regulated USTs is clarified further under the definition of UST in 15A NCAC 02N .0203, and examples of regulated and non-regulated USTs are presented in Appendix C.

1.4 Commercial USTs vs. Noncommercial USTs

Tanks are further designated as either “commercial” or “noncommercial”. A “commercial UST” is defined in North Carolina General Statute (NCGS) 143-215.94A(2) as all USTs containing petroleum with the exception of a few specific types of tanks. The exceptions include, but are not limited to, the following:

• Farm or residential motor-fuel USTs (such as those containing gasoline or diesel fuel) that hold 1,100 gallons or less in capacity and are used for non-commercial purposes.

• USTs of 1,100 gallons or less in capacity containing heating oil that is used on the premises where stored.

• USTs of more than 1,100 gallons in capacity containing heating oil that is used on the premises where stored by four or fewer households.

• Flow-through process tanks.

• Storage tanks situated in an underground area if the storage tank is situated upon or above the surface of the floor.

A “noncommercial” tank is defined in NCGS 143-215.94A(7), which restates some exemptions from the commercial definition, such as septic tanks, surface lagoons, storm water collection systems, etc.

The regulated/non-regulated alignment is matched in the commercial/noncommercial designations in many cases. According to the exception lists within each set of definitions, all regulated petroleum tanks must also be commercial tanks, while all noncommercial petroleum tanks must also be defined as non-regulated tanks. Some UST systems, such as some very large heating oil USTs, may be excluded from the regulated UST definition, while satisfying the commercial UST definition, representing a non-regulated commercial UST. While non-regulated, commercial https://www.epa.gov/epcra tanks do not have to comply with some of the construction and monitoring requirements listed in 15A NCAC 02N, there are other requirement that do apply to these USTs in that rule as well as in NCGS 143-215.94C. There are no conditions that provide for a noncommercial regulated UST.

The difference between commercial and noncommercial USTs is clarified further under the definitions of these two terms in NCGS 143-215.94A(2) and (7), respectively.

1.5 Hazardous substance UST Releases Overview

Hazardous substance UST releases are subject to the initial response and abatement, assessment and corrective action requirements of both 15A NCAC 02N .0700 and 15A NCAC 02L .0106.

The responsible party for a hazardous substance UST release is required to:

• Submit a UST-61 - 24-Hour Release and UST Leak Reporting Form to report the release;

• Prepare and submit at 14-days a Free Product Recovery Report, if necessary;

• Prepare and submit a 20-Day Report to report progress of initial actions;

• Prepare and submit a 45-Day Report to report preliminary assessment and receptor information;

• Prepare and submit a Comprehensive Site Assessment (CSA) Report and

• Prepare and implement a Corrective Action Plan (CAP) to address contamination.

(See Appendix A for report formats).

If cleanup is achieved the responsible party may request a No Further Action determination at any point. The most stringent cleanup levels may apply to hazardous substance releases (even if comingled with a petroleum UST release). Therefore, groundwater contaminated by hazardous substance releases should be cleaned up to the groundwater quality standards in 15A NCAC 02L .0202 and soil should be cleaned up to levels protective of groundwater quality, the soil to groundwater maximum soil contaminant concentrations (MSCCs).

However, in accordance with Session Law 2015-286, risk-based remediation is available for hazardous substance releases based upon the amendments to G.S. § 130A-310 (https://deq.nc.gov/permits-regulations/risk-based-remediation/statutes-and-rules). Session Law 2015-286 allows risk-based remediation as a cleanup option at contaminated sites where the use of remedial actions and land-use controls can reliably ensure that affected properties are safe for their intended use. In addition to DEQ’s Underground Storage Tank, Dry Cleaning Solvent Cleanup Act, and the Pre-Regulatory Land Fill Programs, risk-based remediation can now be considered in all DEQ environmental cleanup programs, except those subject to remediation pursuant to the Coal Ash Management Act of 2014 and the requirements of animal waste management systems. Any responsible party seeking to conduct risk-based assessment and cleanup efforts at hazardous substance sites should follow the guidance offered by the Department at: https://deq.nc.gov/permits-regulations/risk-based-remediation.

Other state agencies also responsible for overseeing remediation of these types of releases are provided in Appendix F.

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The assessment and corrective actions required for regulated hazardous substance UST releases and for non-regulated non-petroleum UST releases are similar. A single flowchart summarizing the regulatory requirement for both regulated and nonregulated non-petroleum UST releases is presented in Figure 3.

1.6 Non-Regulated Non-Petroleum UST Releases

Non-regulated, non-petroleum UST releases are subject to the initial response and abatement requirements of 15A NCAC 02L .0106. Non-regulated non-petroleum UST releases (e.g., alcohol, vegetable oil, or propylene glycol UST releases) are subject, if the substance released is not naturally occurring (or is naturally occurring but exceeds the naturally occurring standard), to comply with the site assessment and corrective action requirements of 15A NCAC 02L .0106. The responsible parties must take immediate action to terminate and control the release, mitigate any hazards resulting from exposure to the pollutants or from fire, explosion, or vapors; determine and remove, treat, or control primary and secondary pollution sources. The responsible party is required to perform assessment and submit a contamination assessment and to submit and implement corrective action to address contamination. More detailed guidance for action at non-regulated non-petroleum UST releases is not provided as such guidance is contaminant specific.

The responsible party should contact the Corrective Action Branch of the UST Section for specific guidance. Some non-regulated non-petroleum UST releases (e.g., hazardous waste UST releases) do not fall under the regulatory authority of the UST Section; Appendix F provides a list of the appropriate agencies to contact.

1.7 Petroleum Non-UST Releases

For a petroleum release from a non-UST source, the scope of work defined in 15A NCAC 02L .0504 is similar to the requirements for commercial USTs (see Figure 7).

Within 24 Hours of the discovery of a non-UST petroleum release, the responsible party must comply with the release response requirements of 15A NCAC 02L .0504(1).

Within 20 days of the discovery of a non-UST petroleum release, the responsible party must provide the Department with information about the ongoing response in a progress report called a 20-Day Report. At a minimum, this information must include a description of the incident response, site history, results of the abatement measures taken to that point, and steps taken to evaluate whether additional actions are required.

Within 90 days of discovery of a non-UST petroleum release, an Initial Site Assessment Report must be provided to the Department that details information gained from the initial investigation and assessment efforts, and reports the results of the initial abatement actions.

Within 120 days of discovery of a non-UST petroleum release, the responsible party must submit the Limited Site Assessment Report to the appropriate regional office of the Corrective Action Branch of the UST Section for a release that has not been fully remediated during initial abatement.

The Limited Site Assessment Report format is presented in the UST Section Assessment Guidelines, current version.

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2.0 UST Site Check Guidelines for Regulated UST Systems

A site check is required if a release from a regulated UST system has been suspected or confirmed, at the site or nearby, by the presence of the regulated substance as free product, dissolved product, or vapor detected in soils, sewer and utility lines, surface water, groundwater, etc.; by unusual operating conditions of the system itself; or by leak detection and/or tightness testing results, in accordance with…