Ariz. Admin. Code § 18-12-261.01

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-12-261.01 - LUST Site Classification

A. LUST site analysis. An owner or operator shall determine a LUST site classification by analyzing current and future threats to public health and the environment based on site-specific information known at the time of the determination.

B. LUST site classification factors. The owner or operator shall determine any threats to public health and the environment by addressing the following:

1. Presence and levels of vapors;

2. Presence of free product;

3. Extent of contamination;

4. Type and location of receptor;

5. Impacts and reasonably foreseeable impacts to current and future receptors; and

6. Estimated time between the date of the analysis and the impact to receptors.

C. LUST site classification. An owner or operator shall select a classification for the LUST site from one of the following, based on the analysis performed under subsection (B):

1. Classification 1: immediate threats;

2. Classification 2: short term threats from impacts that are reasonably foreseeable at or within two years;

3. Classification 3: long term threats from impacts that are reasonably foreseeable after two years; or

4. Classification 4: contamination exists, but no demonstrable long term threat has been identified, or information indicates the site cannot be otherwise classified under this subsection.

D. LUST site classification form submission. An owner or operator shall submit to the Department the LUST site classification form described in subsection (E) as required by R18-12-260 through R18-12-264.01, and when LUST site conditions indicate the classification has changed, or if contamination has migrated, or is anticipated to migrate, to a property where the owner or operator does not have access.

E. LUST site classification form contents. An owner or operator shall submit the LUST site classification, on a Department provided form, that includes the following information:

1. Date of preparation;

2. LUST number assigned to the release that is the subject of the classification;

3. The status of corrective action activities on the date that the classification form is submitted;

4. The regulated substance and the estimated volume (in gallons) released, the UST facility identification number from the notification form described in R18-12-222, the component of the UST where the release occurred, and whether the release is a spill or overfill;

5. The factors considered in determining the LUST site classification described in subsection (B);

6. The distance between the identified contamination and each receptor;

7. The estimated time, from the date on the form until impact to a receptor; and

8. The classification of the LUST site.

Ariz. Admin. Code § R18-12-261.01

New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.