BUSTR Remedial Action Plans, Tier 3, and No Further Action

Overview

When COC concentrations at a BUSTR petroleum UST site remain above action levels or site-specific target levels (SSTLs) after Tier 1 investigation, Tier 2 evaluation, and/or interim response actions, the remaining options are a Remedial Action Plan (RAP), a Tier 3 Evaluation, or a combination of both. This guide covers the final stages of the BUSTR corrective action process through to No Further Action (NFA) status.

These requirements are defined in OAC 1301:7-9-13 and the 2022 BUSTR TGM Chapter 3.

Remedial Action Plans

A RAP is a formal plan for engineered remediation submitted to BUSTR for approval. RAPs can be submitted after any tier evaluation is approved and COC concentrations remain above applicable targets.

When a RAP Is Required

A RAP is one of the options available after approval of:

A Tier 1 Investigation report (BUSTR may require delineation to Tier 1 action levels before approving a RAP at this stage)
A Tier 2 Evaluation report
A Tier 3 Evaluation report

A RAP is also required when direct contact or TPH action levels are exceeded, since those values cannot be recalculated with site-specific data in the BUSTR spreadsheets.

RAP Contents

The RAP must be submitted within 90 days of the approval of the applicable tier evaluation report. It must include:

Description of the remedial activities to be implemented
Proposed target levels, identified by COC, exposure pathway, and environmental media
Conceptual design of the remedial action system (detailed engineering drawings are not necessary)
Brief description of remedial alternatives considered, including reliability, effectiveness, cost, time to completion, and rationale for the selected approach
Monitoring plan
Description of reporting frequency and content
Description of all required permits or governmental approvals
Description of any pre-implementation studies required
Implementation schedule with projected completion time based on days from approval
Submittal date for the completion report

Remedial Action Options

Common remedial approaches at BUSTR petroleum UST sites include:

Source removal (soil excavation and disposal/treatment)
Soil vapor extraction (SVE) for volatile petroleum compounds in the vadose zone
Groundwater pump-and-treat for dissolved-phase plumes
In-situ chemical oxidation (ISCO) for targeted treatment of source areas
Enhanced bioremediation through injection of amendments (nutrients, oxygen-releasing compounds)
Monitored natural attenuation (MNA) for stable or shrinking dissolved-phase plumes
Engineering controls (capping, vapor barriers, point-of-use water treatment) maintained through environmental covenants
Free product recovery systems beyond the standard monthly FPR program

Note that chemical injection, surfactant application, and biological amendments require a RAP - they cannot be conducted as an IRA.

Cost Pre-Approval

If the site is eligible for reimbursement through the Petroleum Underground Storage Tank Release Compensation Board (PUSTRCB), the owner/operator must also submit the RAP for cost pre-approval to the PUSTRCB. Structuring the RAP around BUSTR’s requirements from the beginning is critical to maintaining fund eligibility.

Public Notice

Public notice is required for every RAP submission. Notification must be provided to those directly affected by the release in a format approved by BUSTR. At a minimum, public notice must include:

All adjacent property owners
All owners of properties impacted by the release
All properties impacted by the proposed RAP activities
The unit of local government

Letters to neighboring properties and city officials must be sent by certified mail. BUSTR accepts written comments for 21 days following the publication period or receipt of the certified letter before the RAP is approved. BUSTR may hold a public meeting if sufficient public interest exists.

Implementation and Completion

After BUSTR approval, implement the RAP according to the approved actions. Monitor, evaluate, and report results to BUSTR on the schedule defined in the plan.

If the approved RAP is not achieving its cleanup targets, the owner/operator must either:

Re-evaluate and revise the remedial action alternatives and submit a revised RAP, or
Re-evaluate the assumptions used to develop SSTLs, submit a RAP summary report, and conduct a Tier 2 or Tier 3 Evaluation as appropriate

Submit a completion report by the date specified in the approved plan. The report must demonstrate that RAP objectives have been met.

Tier 3 Evaluation

A Tier 3 Evaluation develops SSTLs beyond the scope of Tier 2 using advanced modeling and analysis. Tier 3 is uncommon and is typically reserved for complex sites where standard BUSTR spreadsheet calculations and BUSTR-Screen modeling are insufficient.

When Tier 3 Is Used

A Tier 3 Evaluation Plan must be submitted within 90 days of the approval of the Tier 2 Evaluation report. Advanced SSTLs may be calculated using:

Site-specific evaluation of TPH (TGM Appendix G)
Complex aquifer studies (e.g., pumping tests to evaluate connectivity of multiple aquifers)
Analytical fate and transport modeling not used in Tier 2

Tier 3 Plan Requirements

The plan must include:

Description of the objective and activities to be conducted
Discussion of effectiveness, cost, and rationale for selecting Tier 3 compared to other remedial alternatives
Implementation schedule and projected completion date

BUSTR requires a sensitivity analysis for all Tier 3 models. If the model is highly sensitive to an input parameter, site-specific data must be used for that parameter or sufficient justification provided for using default values. All models must be reproducible by BUSTR - submit copies of all models and spreadsheets.

Public Notice

Public notice is required for Tier 3 evaluations, following the same requirements as RAPs. Letters must be sent by certified mail. BUSTR accepts comments for 21 days before approval.

Tier 3 Decisions

All COCs below SSTLs for all pathways, no additional monitoring needed: NFA status
COCs below SSTLs but monitoring needed to validate modeling: submit monitoring plan with Tier 3 report
COCs above Tier 3 SSTLs: conduct an IRA or submit a RAP

Reporting

Submit the Tier 3 Evaluation report within 90 days of the projected completion date stated in the approved plan.

Monitoring Plans

BUSTR may require a monitoring plan at various points in the corrective action process to demonstrate that COCs remain below action levels or SSTLs. A monitoring plan is required to:

Verify fate and transport model assumptions and predictions related to groundwater SSTLs
Demonstrate that remedial action has achieved required target levels
Demonstrate that NFA status is appropriate following Tier 2 or Tier 3 activities

Monitoring Plan Contents

Description of the purpose and objective of monitoring
Description of planned monitoring activities (including those verifying engineering controls or remedial actions)
Locations of points of demonstration (PODs) and POEs
Summary of sampling procedures
Anticipated length and frequency of monitoring
Termination criteria for remedial or monitoring activities
Operation and maintenance data for equipment and engineering controls

Points of Demonstration

PODs are monitoring locations between the source area and the POE. They serve as early warning indicators for continuing COC migration and validate fate and transport models. PODs should contain detectable COC concentrations to confirm they are within the expected plume migration pathway. If a POD with detectable concentrations cannot be installed, contact BUSTR to discuss alternatives.

Historical data may be used in some cases to verify model assumptions or reduce the monitoring period.

Monitoring Completion

If monitoring objectives are met, submit a completion report within 90 days of receiving results from the last sampling event. BUSTR may then issue NFA status.

If objectives are not met, conduct one or more of the following within 90 days:

Continue monitoring
Conduct an IRA
Develop a RAP
Re-evaluate assumptions used to develop SSTLs

Free Product Recovery

Free product recovery (FPR) runs parallel to the tier evaluation process. Whenever free product (LNAPL with measurable thickness greater than 0.01 ft) is present, an FPR program must be implemented immediately and maintained at minimum on a monthly basis.

Reporting

Submit Monthly Free Product Recovery Report Forms 2022 until free product is recovered to the maximum extent practicable. With prior BUSTR approval, reporting may be reduced to quarterly.

Termination

FPR may be terminated when free product is no longer present for three consecutive months. If free product persists after one year, BUSTR may require a re-evaluation of recovery techniques.

FPR termination may also be requested if free product has been recovered to the maximum extent practicable and all of the following conditions are met:

Site is not in a DWSPA or Sole Source Aquifer
No drinking water sources within 300 ft
Free product has not migrated and will not migrate off-site
Source area has been adequately assessed and free product extent defined
Remaining free product lacks sufficient mobility or toxicity to threaten human health
Alternative removal methods have been attempted
FPR has been ongoing for at least two years
Free product area is more than 300 ft from a surface water body
Groundwater COC concentrations are below action levels or SSTLs
Groundwater impacts are confined to the site

Submit the request with FPR history, maps showing historical free product trends, rationale for termination, and distances to potential receptors. BUSTR approval is required in writing.

No Further Action

NFA status is the endpoint of the BUSTR corrective action process. BUSTR issues an NFA letter when the site has demonstrated that COC concentrations are at or below all applicable action levels or SSTLs for all complete exposure pathways, and any required monitoring has been completed.

NFA can be achieved at multiple points in the process:

After Tier 1 Investigation if all COCs are below action levels
After an IRA with clean confirmatory sampling
After Tier 2 Evaluation if all COCs are below action levels or SSTLs
After Tier 3 Evaluation
After RAP completion
After monitoring plan completion

NFA vs. VAP Covenant Not to Sue

A BUSTR NFA letter is not the same as a VAP Covenant Not to Sue (CNS). The NFA letter confirms that BUSTR’s corrective action requirements have been met for the specific petroleum release. It does not provide the broader liability protection that a VAP CNS offers. For properties where liability protection is important (real estate transactions, redevelopment), the owner may choose to pursue a VAP NFA or CNS in addition to or instead of BUSTR NFA.

Environmental Covenants

If NFA is achieved using non-residential land use SSTLs, non-drinking water SSTLs, or engineering controls, an environmental covenant must be recorded with the county. The covenant restricts future use of the property consistent with the assumptions used to develop the SSTLs. Templates are provided in TGM Appendix C.

Extensions

If additional time is needed to complete any corrective action activity, an Extension Request Form 2022 must be submitted before the original due date. BUSTR may grant, modify, or deny extension requests at its discretion.

Source

BUSTR Technical Guidance Manual (TGM) 2022, Chapter 3: Corrective Action Requirements (Sections 3.10 through 3.16). OAC 1301:7-9-13.