Subject 391-3-15 UNDERGROUND STORAGE TANK MANAGEMENT
|(1)||Purpose. These Rules and Regulations (Rules) are promulgated for the purpose of protecting and enhancing the quality of Georgia's environment and of protecting the public health, safety, and well-being of its citizens and of instituting and maintaining a comprehensive Statewide program for the management of regulated substances stored in underground tanks.|
40 CFR 280.10 and 280.11 are hereby incorporated by reference, except each reference to "October 13, 2015" shall be replaced with "December 15, 2017" and each reference to "October 13, 2018" shall be replaced by "December 15, 2020".
|(1)|| 40 CFR
280.12 is hereby incorporated by reference,
with the exception of the definition for "Replace". In addition, the following
words or terms shall have the meanings set forth herein when used in these
|(1)||Any records, reports, or information obtained from any person by the Director under these Rules shall be available to the public for inspection and copying at the expense of the person requesting copies, except that upon a showing satisfactory to the Director by any person that any records, reports, or information or any particular part thereof, to which the Director has access under these rules would, if made public, divulge information entitled to protection or confidentiality under GUSTA, the Director shall consider confidential such information or any particular portion thereof in accordance with the purposes of GUSTA. However, such records, reports, documents, or information may be disclosed to officers, employees or authorized representatives of the United States government or the State of Georgia concerned with carrying out the terms of the Federal Act, or when required by any court in any proceedings under the Federal Act or under GUSTA.|
|(2)||Any claim of confidentiality filed pursuant to this section must be asserted at the time of initial submission of the record, report, or information in question or it shall be deemed waived.|
|(3)||Any claim of confidentiality filed pursuant to this section must be accompanied by a statement of the legal basis supporting the claim of confidentiality.|
|(1)|| 40 CFR Part
280, Subpart B is hereby incorporated by reference, except for the following:
|(2)||For purposes of performance standards for new UST systems, as required in 40 CFR 280.20, any tank previously installed and subsequently removed must be recertified by the manufacturer or by an authorized representative of the manufacturer or by a Georgia-registered Professional Engineer and shall comply with the secondary containment requirements in accordance with 391-3-15-.05 (1) prior to installation as an UST.|
|(3)||For purposes of notification of USTs, as required in 40 CFR 280.22, owners shall use forms as prescribed by the Director.|
Registration of USTs.
|(1)|| 40 CFR Part 280, Subpart C is hereby
incorporated by reference, except for the following:
|(2)||All records shall be maintained for a minimum period of thirty-six (36) months, unless a longer period is specified in 40 CFR Part 280.|
40 CFR Part 280, Subpart D, is hereby incorporated by reference, except for the
|(2)||Any owner or operator shall, upon request from EPD, certify on forms prescribed by the Director that the UST facility of the owner or operator is in compliance with release detection requirements as promulgated in 40 CFR Part 280, Subpart D.|
40 CFR Part 280, Subpart E is hereby incorporated by reference.
|(1)||40 CFR Part 280, Subpart F is hereby incorporated by reference.|
|(2)||Corrective action plans (CAPs), Part A for reporting completed release response activities and for summarizing the proposed site investigation, including a schedule for submittal of a CAP - Part B, and Part B for reporting the results of the site investigation and for summarizing the proposed soil and groundwater corrective action objectives and the activities required to meet those objectives, shall be submitted to the Division on such forms as provided by the Environmental Protection Division, Georgia Department of Natural Resources. The plans must include certifications by the UST owner or operator, in the format specified, that the plans are factual and meet all the criteria and requirements of these Rules and other environmental laws and regulations of the State of Georgia. The plans must also be stamped or sealed by a Georgia-registered Professional Engineer or Professional Geologist. The Corrective Action Plan - Part A shall be submitted in lieu of the initial abatement report, the initial site characterization report, and the free product removal report, as referenced by 40 CFR 280.62(b), 280.63(b), and 280.64(d), respectively, and must be submitted to EPD within 60 days after release confirmation.|
|(3)|| A Corrective
Action Plan - Part B must be submitted when one or more of the conditions
listed in subparagraphs (a) through (e) below are encountered:
|(4)|| If a
Corrective Action Plan - Part B must be proposed in compliance with paragraph
391-3-15-.09 (3) above, the full
extent of groundwater and surface water contamination must be delineated and
one or more of the following corrective action objectives for contaminated
soil, surface water, and groundwater, as applicable, in subparagraphs (a)
through (d) below must be proposed and implemented upon approval by EPD:
|(5)||An owner or operator may transport or provide for transportation of petroleum contaminated soil only to storage, treatment or disposal facilities which have all applicable local, state and federal permits and such facility or facilities shall be designated in the applicable corrective action plan.|
|(6)||Upon completion of corrective action, the UST owner or operator must certify in the completion report, in the format specified, that the CAP was implemented completely and correctly and that the objectives of the corrective action have been achieved.|
|(7)||An owner or operator conducting a corrective action with funds from a source other than the Georgia Underground Storage Tank Trust Fund, may remediate contaminated soil or groundwater to more stringent objectives than those of paragraph 391-3-15-.09 (4) at the owner or operator's discretion.|
|(8)||All determinations of petroleum contaminants in soil or groundwater must be performed in conformity with Test Methods for Evaluating Solid Waste (United States Environmental Protection Agency, Office of Solid Waste and Emergency Response, SW-846, Third Edition, as revised) or with an alternate method, as approved by EPD.|
Rule 391-3-15-.10 Release Response and Corrective Action for UST Systems Containing Hazardous Substances
The provisons of Rule 391-3-15-.09 shall apply, except that cleanup concentrations for leaked hazardous substances shall be equal to or less than the background level of that constituent in the soil or water immediately prior to the release of that constituent, as measured immediately upgradient of the UST and unaffected by the release, or an alternate concentration limit as established by EPD, or if a hazardous waste when leaked, in accordance with O.C.G.A. 12-8-60, the Georgia Hazardous Waste Management Act, as amended.
|(1)||40 CFR Part 280, Subpart G is hereby incorporated by reference.|
|(2)||The owner or operator, or past owner or operator, of an UST system, in service on or after January 1, 1974, but taken out of service or abandoned before December 22, 1988, is not required to conduct closure activities or submit closure documents. However, corrective action is required if contamination is subsequently discovered.|
|(3)||For all UST systems permanently closed after the effective date of these rules, a closure report, prepared on such forms as provided by EPD, must be submitted to EPD by the owner within 45 days of completion of closure.|
Rule 391-3-15-.12 Underground Storage Tanks Containing Petroleum; Financial Responsibility Requirements
|(1)||40 CFR Part 280, Subpart H is hereby incorporated by reference, excluding 40 CFR 280.100 and 40 CFR 280.101.|
|(2)||40 CFR Part 280, Subpart I is hereby incorporated by reference.|
|(3)||An owner or operator may satisfy the requirements of financial responsibility, as described in 40 CFR 280.93, for underground storage tanks located in Georgia by participating in the liability limitations and reimbursement benefits of the Georgia Underground Storage Tank (GUST) Trust Fund, in accordance with Rule 391-3-15-.13.|
The enforcement of these Rules and Regulations shall be in accordance with the Georgia Underground Storage Tank Act and the Georgia Administrative Procedure Act. Such enforcement measures include, but are not limited to, administrative orders, court orders, injunctive relief, and civil penalties pursuant to these Acts.
A variance may be granted by the Director only if it is consistent with the requirements of GUSTA and these Rules and consistent with the Federal Act and Regulations promulgated thereunder.
|(4)|| Revocation of Certification.
The Director may investigate the actions of any operator and may revoke or suspend the certificate of an operator when it is found by the Director that in obtaining such certificate the operator has practiced fraud or deception; or that reasonable care, judgment, or the application of knowledge or ability was not used in the performance of the operator's duties; or that the operator is incompetent or unable to perform his duties properly.
It shall be a violation of these Rules for any UST owner to operate or allow to be operated any UST facility owned by that owner without a Class A, Class B or Class C operator being designated and existing for said UST facility as prescribed by these Rules. If any UST owner operates or allows to be operated any UST facility in violation of this Rule, 391-3-15-.16, the current Annual Tank Registration Certificate issued by EPD as required by Rule 391-3-15-.05 may be revoked by the Director.
|(1)|| 40 CFR Part 280, Subpart K, is hereby
incorporated by reference, except for the following: