020-1 Wyo. Code R. §§ 1-24 - Owners and/or Operators Not Eligible for the State Corrective Action Account

(a) Initial Response. Within 24 hours of confirmation of a release in accordance with Section 21 or after a release from a storage tank system is confirmed in any other manner, owners and/or operators shall perform the following initial response actions:

(i) Report the release to the department by telephone (307) 777-7097 (STP) and (307) 777-7781 (spill response) and by logging into the spill response database on the DEQ website;

(ii) Take immediate action to prevent any further release of the regulated substance into the environment; and

(iii) Identify and mitigate fire, explosion, and vapor hazards.

(b) Initial Abatement Measures and Site Check. Owners and/or operators of storage tank systems shall complete the following abatement measures:

(i) Remove as much of the regulated substance from the storage tank system as is necessary to prevent further release to the environment;

(ii) Visually inspect any above ground or exposed below ground releases and prevent further migration of the released substance into surrounding soils, groundwater, or surface water;

(iii) Monitor and mitigate fire, explosion, and other safety hazards in subsurface structures (such as sewers or basements);

(iv) Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include treatment or disposal of soils, the owner and/or operator shall comply with the applicable department requirements;

(v) Measure for the presence of a release where contamination is most likely to be present at the storage tank site, unless the presence and source of the release have been confirmed during the completion of the system test required by Section 21 or the minimum site assessment required by Section 31. In selecting sample types, sample locations, and measurement methods, the owner and/or operator shall consider the nature of the stored regulated substance, the type of backfill, depth to groundwater and other factors as appropriate for identifying the presence and source of the release;

(vi) Investigate to determine the possible presence of free product and begin free product removal as soon as practicable in accordance with Section 24(d); and

(vii) Within 30 days of release confirmation, submit a report to the department summarizing the initial abatement steps taken and any resulting information or data required by this Section.

(c) Initial Site Characterization. Owners and/or operators shall assemble information about the site and the nature of the release. The information shall be submitted to the department within 60 days of release confirmation. This information shall include data obtained while confirming the release or completing the initial abatement measures required by this Section. This information shall include, but is not limited to, the following:

(i) Data on the nature and estimated quantity of the release;

(ii) Data from available sources and/or site investigations regarding surrounding populations, water quality, use and approximate locations of wells potentially affected by the release, subsurface soil conditions, locations of subsurface sewers, climatological conditions, and land use;

(iii) Results of the site check required under Section 24(b);

(iv) Results of the free product investigations required under Section 24(b) to be used by owners and/or operators to determine if free product is to be recovered under Section 24(d); and

(v) Information necessary to classify the affected groundwater under Chapter 8, Wyoming Water Quality Rules and Regulations.

(d) Free Product Removal. When free product is discovered, owners and/or operators shall contact the department within 24 hours of the discovery by telephone (307) 777-7097 (STP) or (307) 777-7781 (spill response) and by logging into the spill response database on the DEQ website. Owners and/or operators shall submit a Corrective Action Plan (CAP) for product removal at sites where investigations under Section 24(b) indicate the presence of free product. Owners and/or operators shall remove free product to the maximum extent practicable as determined by the department. Owners and/or operators shall:

(i) Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated areas. Free product recovery and disposal techniques shall be appropriate for the hydrogeologic conditions at the site. Techniques shall properly treat and discharge or dispose of recovery by-products in compliance with applicable local, state, and federal regulations;

(ii) Use abatement of free product migration as a minimum objective for the design of the free product removal system;

(iii) Handle any flammable products in a safe and competent manner to prevent fires and explosions; and

(iv) Prepare and submit to the department, within 45 days of confirming a release, a free product removal plan that provides at least the following information:

(A) The name of the person(s) responsible for implementing the free product removal measures;

(B) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations;

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

(D) Whether or not any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located;

(E) The type of treatment applied to, and the effluent quality expected from, any discharge;

(F) The steps that have been or are being taken to obtain necessary permits for any discharge; and

(G) The disposition of the recovered free product.

(e) Investigation for Soil and Groundwater Cleanup. To determine the full extent and location of soil and/or groundwater contaminated by a release, owners and/or operators shall conduct a subsurface investigation. The release site and the surrounding area possibly affected by the release shall be investigated to determine if any of the following conditions exist:

(i) Existing groundwater wells have been affected by the release;

(ii) Free product is present requiring recovery;

(iii) Contaminated soils are in contact with groundwater; and/or

(iv) There are potential threats to nearby surface water and/or groundwater resources.

(v) Owners and/or operators shall submit the information collected under this Section to the department in accordance with a schedule established by the Solid and Hazardous Waste Administrator.

(f) Corrective Action Plan (CAP).

(i) Any owner and/or operator, the department, or other person, taking a corrective action required by this regulation, shall restore the environment to a condition and quality consistent with the standards established in Sections 38 and 39.

(ii) At any point after reviewing the information submitted in compliance with this Section, the department may require owners and/or operators to submit additional information or develop and submit a CAP for responding to contaminated soils and groundwater. If a CAP is required, owners and/or operators shall submit the CAP according to a schedule and format established by the department. Alternatively, owners and/or operators may, after fulfilling the requirements of this Section, choose to submit a CAP for responding to contaminated soil and groundwater. In either case, owners and/or operators are responsible for submitting a plan that provides adequate protection of human health and/or restoration of the environment, as determined by the department, and shall modify their plan as necessary to meet the requirements of this regulation.

(A) The department will authorize and issue applicable department permits for the CAP only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment, and the plan is in compliance with other applicable department rules and regulations. In making this determination, the department will consider the following factors:

(I) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;

(II) The hydrogeologic characteristics of the site and the surrounding area;

(III) The proximity, quality, and current and future uses of nearby surface water and groundwater;

(IV) The potential effects of residual contamination on nearby surface water and groundwater;

(V) An exposure assessment; and

(VI) Any information assembled in compliance with this Section.

(B) Upon authorization and issuance of applicable department permits for the CAP, owners and/or operators shall implement the plan, including modifications to the plan made by the department. Owners and/or operators shall monitor, evaluate, and report the results of implementing the plan in accordance with the schedule and a format established by the department.

(C) In the interest of minimizing environmental contamination, remediating an imminent health and/or safety hazard, and/or promoting more effective cleanup, owners and/or operators may begin remediation of soil and groundwater before the CAP is authorized and permitted by the department provided they:

(I) Notify the department of their intention to begin cleanup;

(II) Comply with any conditions imposed by the department, including halting cleanup or mitigating adverse consequences from cleanup activities; and

(III) Incorporate these self-initiated cleanup measures in the CAP that is submitted to the department for authorization and permitting.

(g) Voluntary Remediation Program. Owners and/or operators not eligible for the state Corrective Action Account may be eligible to enter the Solid and Hazardous Waste Voluntary Remediation Program.

Notes

020-1 Wyo. Code R. §§ 1-24

Adopted, Eff. 6/29/2018.