Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.60, 10 C.F.R. Part 50, 40
C.F.R. Part 280, Subparts A, B, C, D, G, H, I, J, K, Part 281, Subpart D,
42 U.S.C.
2011 -
2021,
2022
-
2286i,
2296a -
2297h-13,
6991 -
6991m
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the cabinet to develop
and conduct programs that provide for the prevention, abatement, and control of
contaminants that may threaten the environment.
KRS
224.60-105 requires the cabinet to regulate
underground storage tanks (USTs) by requiring registration, minimum
construction and performance standards, leak detection, recordkeeping, release
reporting, corrective action, closure, financial responsibility, and other
requirements to protect public health and the environment.
KRS
224.60-105(3) requires the
cabinet to establish a regulatory program that implements federal requirements
for UST systems.
KRS
224.60-150 requires the cabinet to levy and
collect an annual fee of thirty (30) dollars per tank from owners or operators
of USTs for the purpose of funding the administration of the UST Program.
KRS
224.10-100(28) authorizes
the cabinet to promulgate administrative regulations not inconsistent with the
provisions of law administered by the cabinet. This administrative regulation
establishes the scope of the UST program, including provisions for exclusions,
requirements concerning registration, annual fees, performance standards,
operation and maintenance of UST systems, delivery prohibition, operator
training, and requirements for demonstrating financial responsibility for
corrective action, compensation of third parties for bodily injury and property
damage, and lender liability.
Section
1. Applicability and Exclusions.
(1) Except as established in subsection (3)
of this section, applicability and exclusions shall be as established in
40
C.F.R. 280.10,
280.11,
and this administrative regulation.
(2) Requirements for previously federally
deferred field-constructed tanks and airport hydrant fuel distribution systems
shall be as established in
40
C.F.R. 280.250 through
280.252,
and this administrative regulation.
(3) In addition to the exclusions established
in subsection (1) of this section, the following shall be excluded from the
requirements of 401 KAR Chapter 42:
(a) A UST
system containing wastes established as hazardous in 401 KAR Chapter 39 and UST
systems containing mixtures of hazardous waste and other regulated
substances;
(b) Exclusions listed
in
KRS
224.60-100(1)(a) through
(i); and
(c) A UST system used in the operation of
heating equipment, boilers, and furnaces, but with a secondary usage as part of
an emergency generator system, if:
1. UST
system contents are consumed on the premises where stored; and
2. The UST system stores fuel oil number 1,
2, 4, 5, 6, or residual fuel oil.
Section 2. Notification, Registration, and
Annual Fees.
(1) Notification requirements
for UST systems shall be as established in
KRS
224.60-105,
40 C.F.R.
280.22, and this section.
(a) Owners shall submit the UST Notice of
Intent to Install Underground Storage Tank or Piping, DWM 4231, to the
appropriate Division of Waste Management Regional Office, at a minimum,
fourteen (14) days prior to installation of a UST or an entire piping run, in
accordance with Section 6(4) of this administrative regulation, to afford a
division representative the opportunity to be present during
installation.
(b) If a division
representative fails to be present on the date scheduled for installation, the
installation may proceed.
(2) Registration of UST systems shall comply
with the requirements in subsection (1) of this section and this subsection.
(a) The owner shall submit, to the cabinet, a
UST Facility Registration, DWM 4225, for a UST facility within thirty (30) days
of bringing a UST system into use at the UST facility.
(b) The form shall be signed by the owner and
operator of the UST system.
(3) A corporation or limited liability
company, registering as an owner or operator of a UST system, shall be
authorized to conduct business in the Commonwealth of Kentucky, hold an active
status, and be in good standing, with the Kentucky Secretary of
State.
(4)
(a) Except as established in subsection (5)
of this section, an owner shall submit to the cabinet an amended UST Facility
Registration, DWM 4225 within thirty (30) days of any change to information
contained within the most recently submitted UST Facility
Registration.
(b) The form shall be
signed by the owner and operator of the UST system.
(5) An unregistered UST system discovered
during permanent closure activities conducted in accordance with
401
KAR 42:060, shall be listed on the UST Closure
Assessment Report Checklist, DWM 4262, incorporated by reference in
401
KAR 42:060, in lieu of an amended UST Facility
Registration, DWM 4225.
(6) An
owner shall notify the cabinet within thirty (30) days of an address change by
submittal of:
(a) An amended UST Facility
Registration, DWM 4225; or
(b) A
UST Facility Owner Address Correction, DWM 4224.
(7) If ownership of a UST system changes, the
new owner shall comply with this subsection.
(a) The new owner shall complete and submit
an amended and signed UST Facility Registration, DWM 4225, to indicate the new
ownership. The form shall include the previously-assigned agency interest
number and shall be submitted to the cabinet within thirty (30) days after the
transaction.
(b) The new owner
shall maintain a copy of the properly executed deed or other properly executed
legal document proving the transfer of the UST system and submit to the cabinet
if requested.
(c) Upon the sale of
a UST system, the previous owner shall advise the new owner of the obligation
to submit an amended and signed UST Facility Registration, DWM 4225, to the
cabinet that indicates the change in ownership.
(8) Upon a determination by the UST Branch
that the UST Facility Registration, DWM 4225, is complete and accurate, and the
requirements of subsection (9) of this section are met, a written approval
letter shall be issued by the UST Branch.
(9)
(a)
Annual fees for each tank that is in the ground, and not permanently closed in
accordance with
401
KAR 42:060, on July 1 of a year (July 1 through June
30), shall be as established in
KRS
224.60-150; and
(b)
1.
Owners or operators of USTs shall pay a thirty (30) dollar annual fee for each
tank in the ground on July 1 of that year (July 1 through June 30);
2. Payment shall be made according to
instructions on the invoice from the cabinet stating the required
payment;
3. Payment shall be made
within thirty (30) days from the date on the invoice from the cabinet
specifying the required payment;
4.
Payment submitted by check shall be made payable to the Kentucky State
Treasurer with a note stating that the payment applies to UST tank
fees;
5. Annual fees shall not be
due for years prior to the one beginning July 1, 1990; and
6. Annual fees shall not be required for an
unregistered tank newly discovered during permanent closure activities
conducted in accordance with
401
KAR 42:060.
Section 3. Temporary Closure.
(1) An amended UST Facility Registration, DWM
4225, shall be submitted in accordance with Section 2(4) of this administrative
regulation.
(2) If a UST system is
in temporary closure, the owner and operator shall continue operation and
maintenance of corrosion protection and UST system release detection, in
accordance with this section.
(a) If a UST
system is empty, the following operation and maintenance requirements shall not
be required:
1. UST system release detection
in accordance with Section 15 of this administrative regulation; and
2. Walkthrough inspections in accordance with
Section 17 of this administrative regulation.
(b) Spill and overfill operation and
maintenance testing and inspections shall not be required in accordance with
Sections 8 and 9 of this administrative regulation.
(3) In addition to the requirements of
subsection (2) of this section, if a UST system is in temporary closure for
more than three (3) months, the owner and operator shall:
(a) Leave vent lines open and functioning;
and
(b) Cap and secure all other
lines, pumps, man ways, and ancillary equipment.
(4) If a UST system is in temporary closure
for more than twelve (12) months, and does not comply with the requirements of
subsections (2) and (3) of this section, the owner and operator of the UST
system shall:
(a) Perform permanent closure in
accordance with
401
KAR 42:060; or
(b) Request an extension of temporary closure
in accordance with Section 22 of this administrative regulation and perform an
assessment in accordance with Section 4.0 of the UST Corrective Action Manual,
incorporated by reference in
401
KAR 42:060.
(5) If a UST system is in temporary closure
for more than twelve (12) months, and complies with the performance standards
for corrosion protection, spill containment and overfill prevention, and
release detection in accordance with this administrative regulation, the owner
and operator shall conduct tank and piping tightness tests, and any outstanding
periodic test, prior to returning the UST system into use.
Section 4. Performance Standards for New UST
Systems.
(1) Performance standards for new UST
systems shall be as established in
40 C.F.R.
280.20, Section 4.0 of the UST System
Compliance Manual, and this section.
(2) Noncorrodible piping requirements shall
be as established in Section 14 of this administrative regulation.
(3) Owners and operators shall submit a UST
System Compatibility Verification, DWM 4234, in accordance with Section 12 of
this administrative regulation.
Section 5. Upgrading of Existing UST Systems.
Upgrading requirements for existing UST systems shall be as established in
40 C.F.R.
280.21 and this section, except that:
(1) Interior lining shall not be an
acceptable method of corrosion protection; and
(2) All interior lined steel tanks that had
not, as of December 22, 2013, been upgraded with impressed current corrosion
protection shall be permanently closed immediately in accordance with
401
KAR 42:060.
Section 6. Double Walled Tanks and Piping
Requirements.
(1) Requirements for double
walled tanks and piping shall be as established in
40 C.F.R.
280.20 and the performance standards of this
section.
(2) All tanks and piping
installed, or UST systems changing from storage of a non-regulated substance to
storage of a regulated substance, on or after April 1, 2012, shall comply with
the requirements in Section 4 of this administrative regulation, and the UST
System Compliance Manual, except that the use of flow restrictors shall be in
accordance with Section 9(3) of this administrative regulation.
(3) All existing single walled piping shall
be permanently closed in accordance with
401
KAR 42:060 if an associated tank is permanently
closed.
(4) Owners and operators
shall replace an entire piping run with double walled piping, in accordance
with the UST System Compliance Manual, if fifty (50) percent or more of the
piping run, extending from the tank to the farthest dispenser or other end-use
equipment, excluding connectors, is replaced.
(5) Newly installed piping that is associated
with a newly installed UST system dispenser, located in an area where a UST
system dispenser did not previously exist, shall be designed and manufactured
with double walled construction and shall comply with the requirements in
Section 4.0 of the UST System Compliance Manual.
(6) An existing tank that is removed shall
comply with the requirements of Section 4.0 of the UST System Compliance Manual
if reinstalled.
Section
7. Emergency Shutoff Valves (Shear Valves).
(1) Shear valve requirements shall be as
established in
40 C.F.R.
280.20(d) and this
section.
(2) All pressurized piping
systems that connect tanks to dispensers shall be installed with shear valves
for each supply line at the base of each dispenser.
(3) The shear valves shall be rigidly
anchored to the dispenser island or another appropriate anchoring point in a
manner that allows the shear valve to close automatically in the event of
significant impact to a dispenser.
(4) A shear valve found to be defective,
inoperable, leaking, not functioning as designed by the manufacturer, or not
rigidly anchored shall be immediately replaced or repaired in accordance with
Sections 4 and 13 of this administrative regulation.
Section 8. Spill Containment Devices (Spill
Buckets and Catch Basins).
(1) Requirements
for spill buckets and catch basins shall be as established in
40 C.F.R.
280.20(c),
280.30,
280.35,
and this section.
(2) Owners and
operators shall not allow regulated substances, liquids, or debris to
accumulate in a spill containment device. Owners and operators shall
immediately, upon discovery, remove all liquid accumulations and debris from a
spill containment device.
(3) All
spill containment devices installed on or after April 1, 2012 shall be double
walled, liquid-tight, compatible with the substance being stored in the UST
system, and installed in accordance with the manufacturer's
instructions.
(4) All double walled
spill containment devices installed on or after April 1, 2012 shall be tested
at installation, and, at a minimum, every thirty-six (36) months thereafter,
for liquid-tightness using a test method approved by the double walled spill
containment device's manufacturer, a code of practice developed by a nationally
recognized association or independent testing laboratory, or a method approved
by the cabinet based upon site-specific conditions.
(5) All single walled spill containment
devices, and all double walled spill containment devices, installed prior to
April 1, 2012 shall be immediately tested and, at a minimum, every thirty-six
(36) months thereafter, for liquid-tightness using a test method approved by
the spill containment device's manufacturer, a code of practice developed by a
nationally recognized association or independent testing laboratory, or a
method approved by the cabinet based upon site-specific conditions.
(6) The thirty-six (36) month testing
requirements for double walled spill containment devices established in
subsections (4) and (5) of this section shall not be required if the spill
containment device interstice is monitored, at a minimum, every thirty (30)
days and is documented as follows:
(a) For
electronic devices capable of printing sensor readings, owners and operators
shall obtain a record, at a minimum, every thirty (30) days; or
(b) For devices not capable of printing
sensor readings, a monthly log shall be maintained and documented on the UST
Visual Interstitial Log, DWM 4236.
(7) The thirty-six (36) month testing
established in subsections (4) and (5) of this section shall be conducted
within thirty (30) days of the requirements of subsection (6) of this section
no longer being met.
(8) The test
for liquid-tightness shall be documented on the UST Containment Device Test,
DWM 4222 and shall be submitted to the UST Branch within:
(a) Seven (7) days of the test date for
failing test results; or
(b) Thirty
(30) days of the test date for passing test results.
(9) Owners and operators shall ensure
immediate replacement or repair of a damaged, defective, or leaking spill
containment device in accordance with Sections 4 and 13 of this administrative
regulation.
Section 9.
Overfill Prevention Requirements.
(1) Except
as established in this section, overfill prevention device requirements shall
be as established in
40 C.F.R.
280.20(c),
280.30,
and
280.35.
(2) All overfill prevention devices installed
on or after April 1, 2012 shall be installed in an extractable fitting to allow
for inspection, maintenance, and testing of the device.
(3) Flow restrictors, also known as ball
floats, shall not be an approved method for overfill prevention for newly
installed UST systems.
(4) All
overfill prevention devices shall be accessible for testing, shall be tested to
ensure that overfill prevention equipment is set to activate at the levels
established in
40 C.F.R.
280.20(c), and will activate
if a regulated substance reaches that level. Overfill prevention devices shall
be tested using a method approved by the device's manufacturer, a code of
practice developed by a nationally recognized association or independent
testing laboratory, or a method approved by the cabinet based upon
site-specific conditions.
(5) All
existing overfill prevention devices not subject to the requirements in
subsection (7) of this section, shall be immediately tested and at a minimum,
every thirty-six (36) months thereafter.
(6)
(a) All
flow restrictors, also known as ball floats, shall immediately be removed and
physically inspected to verify the ball and cage are intact and functioning
properly. If this equipment is not functioning properly, the ball float shall
be replaced with another form of overfill prevention in accordance with
subsection (4) of this section.
(b)
If the flow restrictor, also known as a ball float, cannot be evaluated in
accordance with paragraph (a) of this subsection, an automatic shutoff device
or a high level alarm, set to activate at ninety (90) percent capacity, shall
be installed as a replacement of the existing ball float.
(7) All newly installed overfill prevention
devices shall be tested at installation and, at a minimum, every thirty-six
(36) months thereafter.
(8) The
overfill prevention device test shall be documented on the UST Overfill
Prevention Device Test, DWM 4232 and shall be submitted to the UST Branch
within:
(a) Seven (7) days of the test date
for failing test results; or
(b)
Thirty (30) days of the test date for passing test results.
Section 10.
Under-dispenser Containment (UDC) and Sump Requirements.
(1) Requirements for UDC and sumps shall be
as established in
40 C.F.R.
280.20,
280.35,
and this section.
(2) A UST system
dispenser installed on or after April 1, 2012, located in an area where a UST
system dispenser did not previously exist, shall have liquid-tight UDC
installed in accordance with this section and Section 7.0 of the UST System
Compliance Manual.
(3) If equipment
below the shear valve, used to connect an existing UST system dispenser to the
piping, is replaced in conjunction with a dispenser replacement, liquid-tight
UDC shall be installed or existing equipment shall comply with the requirements
of this section and Section 7.0 of the UST System Compliance Manual.
(4) A UDC or sump containing product piping,
installed or replaced on or after April 1, 2012, shall comply with the
liquid-tight containment requirements in Section 7.0 of the UST System
Compliance Manual.
(5) Owners and
operators shall maintain written records of all installations of UDC and sumps,
installed on or after April 1, 2012, for the operating life of the UDC or sump.
These records shall be made available to the cabinet upon request.
(6) If a UDC or sump sensor monitoring device
detects the presence of a liquid, the owner and operator shall ensure that the
UDC or sump shall be immediately inspected.
(7) If one-eighth of an inch or greater of
free product is discovered within a UDC or sump, the requirements of
401
KAR 42:060, Section 1, shall apply.
(8) Free product shall be recovered and
disposed of in accordance with KRS Chapter 224.
(9) If liquid, other than free product, is
discovered within a UDC or sump, the UDC or sump shall be further inspected to
determine the source of liquid infiltration, the liquid shall be removed, and
the UDC or sump shall be repaired, as necessary.
(10) Except as established in subsection (11)
of this section, UDC and sumps installed on or after April 1, 2012 shall be
tested for liquid-tightness at installation and, at a minimum, every thirty-six
(36) months thereafter. To verify liquid-tightness, UDC and sumps shall be
tested using a method approved by the device's manufacturer, a code of practice
developed by a nationally recognized association or independent testing
laboratory or a method approved by the cabinet based upon site-specific
conditions.
(11)
(a) Testing of double walled UDC and sumps,
required every thirty-six (36) months in accordance with subsection (10) of
this section, shall not be required if the UDC or sump interstice is monitored,
at a minimum, every thirty (30) days; and
(b)
1. For
electronic devices capable of printing sensor readings, a record shall be
obtained, at a minimum, every thirty (30) days; or
2. For a device not capable of printing
sensor readings, a monthly log shall be maintained and documented on the UST
Visual Interstitial Log, DWM 4236.
(12) The thirty-six (36) month testing
required in subsection (10) of this section shall be conducted within thirty
(30) days of the requirements of subsection (11) of this section no longer
being met.
(13) The
liquid-tightness test shall be documented on the UST Containment Device Test,
DWM 4222 and shall be submitted to the UST Branch within:
(a) Seven (7) days of the test date for
failing test results; or
(b) Thirty
(30) days of the test date for passing test results.
Section 11. Corrosion Protection
Operation and Maintenance.
(1) Requirements
for operation and maintenance of corrosion protection shall be as established
in
40 C.F.R.
280.31 and this section.
(2) UST system components that routinely
contain product and are regularly, or intermittently, in contact with soil,
water, or backfill, shall be protected from corrosion.
(3) Owners and operators with steel tanks or
piping that have never had corrosion protection installed in accordance with
subsection (2) of this section shall immediately remove all regulated
substances and initiate permanent closure in accordance with
401
KAR 42:060.
(4) A tank or piping that has been left
unprotected from corrosion, or that has been inadequately protected from
corrosion, for over 365 days shall undergo an integrity assessment on the
unprotected tank or piping, conducted by a contractor certified by the State
Fire Marshal's Office in accordance with
815
KAR 30:060, utilizing a method certified by an
independent third-party evaluator.
(a)
Documentation of the integrity assessment and results, including the average
tank metal thickness, shall be submitted to the cabinet on the UST Integrity
Assessment, DWM 4228, within thirty (30) days of the assessment date.
(b) If the integrity assessment determines
that the average thickness of the steel tank is less than seventy-five (75)
percent of the tank's original metal thickness, the steel tank shall be
permanently closed in accordance with
401
KAR 42:060.
(5) Owners and operators shall ensure that
cathodic protection systems and evaluations shall be as established in this
subsection.
(a) A cathodic protection system
evaluation shall be required within 180 days from the date of installation,
repair, or modification of a cathodic protection system and, at a minimum,
every thirty-six (36) months thereafter.
(b) If a cathodic protection system fails an
evaluation, but the cathodic protection system evaluator determines that the
failure may be attributable to adverse physical conditions related to the
evaluation, and further determines that the system is otherwise in good working
condition, then a re-evaluation shall be performed.
1. If a re-evaluation is performed, it shall
be performed within thirty (30) days of the failing evaluation.
2. A re-evaluation shall only be performed
once for a failed system evaluation.
3. If the cathodic protection system fails
the re-evaluation, then repairs or modifications shall be completed as soon as
practicable, but not more than ninety (90) days after the performance of the
evaluation.
(c) If a
cathodic protection system fails the evaluation, and it does not qualify for
the thirty (30) day re-evaluation period established in paragraph (b) of this
subsection, then repairs or modifications shall be completed as soon as
practicable, but not more than ninety (90) days after the performance of the
evaluation.
(d) If a cathodic
protection system evaluation result is inconclusive, as a result of
inconsistent remote and local potential readings, a corrosion expert shall
evaluate the cathodic protection system and make a determination regarding
cathodic protection system adequacy for the UST facility as soon as
practicable, but not more than ninety (90) days after the performance of the
evaluation.
(6) Impressed
current cathodic protection system requirements shall also comply with the
requirements established in this subsection.
(a) Impressed current cathodic protection
system design, or modifications to an impressed current corrosion protection
system, shall only be conducted by a person qualified as a corrosion
expert.
(b) Owners and operators
shall complete the UST Rectifier Operational Record for Impressed Current
Cathodic Protection Systems (60-day Log), DWM 4233, every sixty (60)
days.
(c) The form shall be
retained by the owner and operator for a minimum of three (3) years and made
available to the cabinet upon request.
(7) Owners and operators shall maintain
written records for the last two (2) cathodic protection evaluations.
(8) The owners and operators shall ensure
that a cathodic protection tester completes, signs, and submits to the cabinet
the cathodic protection system evaluation within thirty (30) days of the system
evaluation. Results of the cathodic protection evaluation shall be documented
on:
(a) A UST Galvanic Cathodic Protection
Evaluation, DWM 4226, for a galvanic cathodic protection system; or
(b) A UST Impressed Current Cathodic
Protection Evaluation, DWM 4227, for an impressed current cathodic protection
system.
(9) A cathodic
protection tester shall have completed a third-party corrosion protection
tester training, which shall include, at a minimum:
(a) Basics of corrosion, underground
corrosion, and corrosion prevention;
(b) Assessing physical conditions for
corrosion potential;
(c) Hands on
field experience in the testing of both impressed current and sacrificial anode
systems, including using reference cells, taking remote readings for
appropriate systems, how to read and understand a rectifier, taking
measurements using -850 criterion, and typical and non-typical
problems;
(d) Review of EPA's
regulatory requirements for corrosion protection; and
(e) Review of standards and recommended
practices from corrosion protection publications, as referenced in the note to
40 C.F.R.
280.31(b).
(10) Owners and operators shall ensure that
individuals, qualified to perform cathodic protection system evaluations in
accordance with subsection (9) of this section, submit to the cabinet upon
request, documentation verifying that the training requirements have been
met.
(11) All interior lined steel
tanks that had not, as of December 22, 2013, been upgraded with external
corrosion protection shall be permanently closed immediately in accordance with
401
KAR 42:060.
Section 12. Compatibility.
(1) Requirements for compatibility shall be
as established in
40
C.F.R. 280.32, Section 4.0 of the UST System
Compliance Manual, and this section.
(2) The owners and operators of UST systems
installed on or after April 1, 2012 shall submit the UST System Compatibility
Verification, DWM 4234, within thirty (30) days of bringing the UST system into
use, in order to verify that the UST systems are compatible with the regulated
substances stored.
(3) A UST System
Compatibility Verification, DWM 4234, shall be submitted within thirty (30)
days of the replacement of a UST system component, associated with a UST system
installed on or after April 1, 2012, if the UST system component is no longer
covered by a previously submitted UST System Compatibility Verification, DWM
4234.
(4) A UST System
Compatibility Verification, DWM 4234, shall be submitted to the cabinet if the
regulated substance stored is no longer covered by a previously submitted UST
System Compatibility Verification, DWM 4234.
Section 13. Repairs.
(1) UST system repairs shall be as
established in
40 C.F.R. 280.33
and this section.
(2) UST system
repairs shall be performed by a contractor certified by the State Fire
Marshal's Office, in accordance with
815
KAR 30:060.
(3) Owners and operators of UST systems shall
ensure that repairs shall prevent releases due to structural failure or
corrosion.
(4) Within thirty (30)
days following the date of the completion of a repair to a tank, piping, or UST
system component, owners and operators shall:
(a) Submit a UST System Compatibility
Verification, DWM 4234, in accordance with Section 12 of this administrative
regulation; and
(b) Conduct a test,
adequate to detect a release from the repaired component of the UST system, in
accordance with this administrative regulation.
Section 14. Noncorrodible Piping.
(1) All new or replaced underground
noncorrodible piping installed on or after April 1, 2012, shall comply with or
exceed the Standard for Safety established by Underwriters Laboratories Inc. in
Standard for Nonmetallic Underground Piping for Flammable Liquids - UL 971, as
referenced in the note to
40 C.F.R.
280.20(b)(1).
(2) Owners and operators shall ensure repairs
to noncorrodible piping shall be performed in accordance with Section 13 of
this administrative regulation, or shall permanently close non-corrodible
piping in accordance with Section 6.0 of
401
KAR 42:060, if the piping exhibits any of the
conditions identified in UST Systems: Inspecting and Maintaining Sumps and
Spill Buckets, EPA 510-R-05-001.
Section 15. Release Detection.
(1) General release detection requirements
for petroleum UST systems shall be as established in
40 C.F.R.
280.40,
280.41,
280.42,
280.45,
and this section.
(2) System
integrity tests shall be performed in accordance with a method approved by the
device's manufacturer, a code of practice developed by a nationally recognized
association or independent testing laboratory, or an equally protective method
approved by the cabinet based on site-specific conditions. Results shall be
submitted for:
(a) A line tightness test on a
UST Line Tightness Test, DWM 4229;
(b) An automatic line leak detector test on a
UST Automatic Line Leak Detector Operational Test, DWM 4221;
(c) An electronic release detection equipment
test on a UST Electronic Release Detection Equipment Test, DWM 4223;
and
(d) A tank tightness test on a
UST Tank Tightness Test, DWM 4235.
(3) Owners and operators shall immediately
report failing results of a test performed in accordance with subsection (2) of
this section to the cabinet as a suspected release in accordance with
401
KAR 42:060, Section 1.
(4) All test results shall be documented in
accordance with subsection (2) of this section.
(a) Failing test results shall be submitted
to the UST Branch within seven (7) days of the test date.
(b) Passing test results shall be submitted
to the UST Branch within thirty (30) days of the test date.
(5) Owners and operators shall
ensure that tests of tanks and piping for tightness, and operational tests of
automatic line leak detectors, shall be conducted by a UST system equipment
tester.
(6) A UST system equipment
tester shall:
(a) Use testing equipment and
methods that are certified, as of the time of testing, by an independent
third-party evaluator;
(b) Have
completed a training course conducted or endorsed by the manufacturer of the
testing equipment;
(c) Maintain
training credentials as established by the manufacturer of the testing
equipment; and
(d) Provide a copy
of their training credentials to the cabinet upon request.
(7) Failure to provide training credentials
as established in subsection (6) of this section, upon written request from the
cabinet, shall render the test results invalid.
(8) Methods of release detection for tanks
and piping installed prior to April 1, 2012 shall be as established in
40 C.F.R.
280.43(b), (c), (d), (g), and
(h);
280.44;
and this section.
(a) A release detection
method shall be certified, at the time of testing, by an independent
third-party evaluator.
(b)
1. Electronic interstitial monitoring shall
be the primary method of release detection for all UST systems installed on or
after April 1, 2012, in accordance with Section 9.0 of the UST System
Compliance Manual.
2. Owners and
operators shall only install electronic devices capable of printing sensor
readings. Owners and operators shall obtain a record, at a minimum, every
thirty (30) days, to verify that release detection is being performed and that
releases have not occurred.
(c) Owners and operators of tanks and piping
installed prior to April 1, 2012, for which interstitial monitoring is the
primary method of release detection, shall:
1.
If using electronic devices capable of printing sensor readings, obtain, at a
minimum, every thirty (30) days a sensor reading to verify that release
detection is being performed and that releases have not occurred; or
2. If using devices not capable of printing
sensor readings, maintain a monthly log documented on the UST Visual
Interstitial Log, DWM 4236, to verify that release detection is being performed
and that releases have not occurred.
(d) Owners and operators of piping installed
prior to April 1, 2012, for which interstitial monitoring is the primary method
of release detection, shall comply with the requirements in paragraph (c) of
this subsection and comply with the requirements for UDCs and sumps in Section
10 of this administrative regulation.
(e) All release detection records shall be
retained for the most recent twelve (12) months, except:
1. Annual operational test results, which
shall be retained for three (3) years; and
2. Tank tightness testing and line tightness
testing results, which shall be retained until the next test is
conducted.
(f) All
electronic release detection monitoring equipment for UST systems shall be
operationally tested at installation, and at a minimum, every twelve (12)
months thereafter, using a test method approved by the manufacturer or a code
of practice developed by a nationally recognized association or independent
testing laboratory.
(g) Owners and
operators shall not remove, alter, or disable release detection monitoring
equipment, required to be maintained in accordance with this administrative
regulation, in a manner that would render the equipment inaccurate or
inoperable.
(9) Except as
established in subsection (12) of this section, automatic line leak detectors
(ALLD) for all pressurized piping systems shall be:
(a) Performance tested at installation, and
at a minimum, every twelve (12) months thereafter, by a qualified individual
that complies with the requirements of subsection (6) of this
section;
(b) Performance tested
through simulation of a release at the dispenser located furthest away from the
ALLD or at the highest elevation above the ALLD; and
(c) Installed within a UST system during the
test as it would be during normal use.
(10) Electronic line leak detectors, in
addition to the requirements established in subsection (9) of this section,
shall be:
(a) Tested to verify that the ALLD
functions and shuts down the submersible turbine pump (STP);
(b) Capable of detecting a leak rate
equivalent to three (3) gallons-per-hour at ten (10) pounds per square inch of
line pressure; and
(c) Tested to
verify that the STP relay switch is not malfunctioning in the permanent on
position, which would prevent the electronic line leak detector from operating
properly.
(11) Mechanical
line leak detectors, in addition to the requirements established in subsection
(9) of this section, shall be:
(a) Tested to
verify that the ALLD is capable of detecting a leak rate equivalent to three
(3) gallons-per-hour at ten (10) pounds per square inch of line pressure while
reducing the flow; and
(b) Tested
to verify that the STP relay switch is not malfunctioning in the permanent on
position, which would prevent the mechanical line leak detector from operating
properly.
(12) ALLD
requirements for all pressurized piping systems installed for emergency
generators shall be as established in
40 C.F.R.
280.44(a).
Section 16. Operator Training Requirements.
(1) Operator training requirements for UST
systems shall be as established in 40 C.F.R. 280 Subpart J and this
section.
(2) A combined Class A and
Class B operator shall comply with the requirements of both the Class A
operator and the Class B operator as established in
40 C.F.R.
280.242.
(3) An owner of a UST system registered, but
not permanently closed, and not subject to the requirements in subsection (4)
of this section, shall immediately designate at least one (1) individual to be
trained (if not previously designated and trained) within thirty (30) days of
designation, as a combined Class A and Class B operator.
(4) An owner of a newly installed, or newly
acquired but not permanently closed, UST system shall, within thirty (30) days
of registration, designate at least one (1) individual to be trained, within
thirty (30) days of designation, as a combined Class A and Class B
operator.
(5) If an owner of a UST
system no longer has a trained combined Class A and Class B operator, the owner
shall immediately designate another individual as a combined Class A and Class
B operator, and that designated individual shall complete operator training
within thirty (30) days.
(6) The
owner of a UST system shall ensure that:
(a) A
trained combined Class A and Class B operator successfully retrains annually,
within twelve (12) months of the most recent training date;
(b) An operator training certificate, in
accordance with this section, is submitted to the cabinet within thirty (30)
days of completion; and
(c) An
operator trained in accordance with this section, shall submit to the cabinet
upon request, documentation verifying that the training requirements have been
met.
Section
17. Walkthrough Inspections.
(1)
Except as established in this section, requirements for periodic operation and
maintenance walkthrough inspections shall be as established in
40
C.F.R. 280.36.
(2) Owners and operators of UST systems shall
comply with the requirements and procedures for walkthrough inspections in
Section 11.0 of the UST System Compliance Manual.
(3) Owners and operators shall ensure that
the walkthrough inspections are completed by the owner, operator, or a combined
Class A and Class B operator as established in Section 16 of this
administrative regulation.
(4)
Monthly walkthrough inspections shall be completed and documented on the UST
Monthly Walkthrough Inspection, DWM 4230, or another form containing, at a
minimum, the same information, for:
(a)
Existing UST facilities, not subject to the requirements of paragraphs (b) and
(c) of this subsection, immediately, and every thirty (30) days
thereafter;
(b) Newly installed UST
facilities, initially within thirty (30) days of registration, and every thirty
(30) days thereafter; and
(c) UST
facilities that have a change in ownership, within thirty (30) days of
registration, and every thirty (30) days thereafter.
(5) Annual walkthrough inspections shall be
completed and documented on the UST Annual Walkthrough Inspection, DWM 4220, or
another form containing, at a minimum, the same information, for:
(a) Existing UST facilities, not subject to
the requirements of paragraphs (b) and (c) of this subsection, immediately, and
every twelve (12) months thereafter;
(b) Newly installed UST facilities, initially
within thirty (30) days of registration, and every twelve (12) months
thereafter; and
(c) UST facilities
that have a change in ownership, within thirty (30) days of registration, or
within twelve (12) months of the last annual walkthrough inspection, and every
twelve (12) months thereafter.
(6) The annual walkthrough shall include
replacing hand held release detection equipment, including tank gauge sticks,
if the equipment is damaged or unable to function as originally
designed.
(7) Walkthrough
inspection forms required by subsections (4) and (5) of this section shall be
retained for twelve (12) months after the last annual walkthrough inspection
completion date.
Section
18. Delivery Prohibition.
(1) The
cabinet shall issue a Notice of Violation to the UST system's owner or operator
upon confirmation of:
(a) Spill prevention
equipment not installed, operational, or maintained;
(b) Overfill prevention equipment not
installed, operational, or maintained;
(c) Corrosion protection equipment not
installed, operational, or maintained;
(d) Release detection not
performed;
(e) Release detection
equipment not installed, operational, or maintained;
(f) Registration not submitted or not amended
as necessary;
(g) Annual fee past
due by more than one (1) year; or
(h) A defective UST system component,
confirmed by UST system testing, or visual observation by the cabinet, and for
which the owner and operator have not documented a repair or replacement, has:
1. Caused a release of a regulated substance
into the environment; or
2. Allowed
a regulated substance to infiltrate into the interstitial space or secondary
containment of the UST system.
(2) The Notice of Violation shall serve as
notice to owners and operators of the cabinet's intent to invoke delivery
prohibition for the UST system if the violation is not corrected within the
time frame established in writing by the cabinet.
(3) A second Notice of Violation shall be
issued upon failure by an owner or operator to correct a condition cited in the
initial Notice of Violation issued in accordance with subsection (1) of this
section, or to request an extension in accordance with Section 22 of this
administrative regulation.
(4) Upon
issuance by the cabinet of the second Notice of Violation, delivery prohibition
shall be invoked and an authorized representative of the cabinet shall attach a
delivery prohibition tag to the non-compliant UST system.
(5) Owners and operators shall ensure that a
delivery prohibition tag shall not be removed, defaced, altered, or
destroyed.
(6) Owners and operators
shall not allow the delivery, deposit, or acceptance of regulated substances
into a UST system if the cabinet has invoked delivery prohibition, unless
directed in writing by the cabinet for the purpose of UST system
testing.
(7) Owners and operators
shall notify the appropriate product deliverer if delivery prohibition has been
invoked.
(8) Except as established
in subsection (11) of this section, delivery prohibition shall remain in effect
until the non-compliant UST system is returned to compliance for the violation
that caused delivery prohibition to be invoked.
(9) The cabinet shall determine if a UST
system is authorized to accept deliveries within two (2) business days (Monday
through Friday) of receipt of written notice from the owner or operator that
the remedial measures established in the Notice of Violation have been
completed.
(10) If the violation
has been corrected, the cabinet shall terminate delivery prohibition and remove
an affixed delivery prohibition tag within two (2) business days (Monday
through Friday).
(11) If the
division director or designee determines, in writing, that delivery prohibition
at a UST facility would jeopardize the availability of, or access to, motor
fuel in a rural and remote area, the cabinet shall defer the application of
delivery prohibition for a UST system for a period not to exceed forty-five
(45) days, unless an extension is approved in accordance with Section 22 of
this administrative regulation by the division director or designee.
(12) This section shall not apply to a
regulated UST used to fuel an emergency backup generator.
Section 19. Recordkeeping. Requirements for
recordkeeping shall be as established in
40 C.F.R.
280.34,
280.45,
Section 13.0 of the UST System Compliance Manual, and this administrative
regulation.
Section 20. Financial
Responsibility.
(1) Requirements for financial
responsibility shall be as established in 40 C.F.R. 280 Sub-part H and this
section.
(2) The Petroleum Storage
Tank Environmental Assurance Fund (PSTEAF) may be utilized as a mechanism to
demonstrate financial responsibility in accordance with subsection (1) of this
section, and the requirements as established in
401
KAR 42:250.
(3) Owners and operators shall certify,
through signature on the UST Facility Registration, DWM 4225, that financial
responsibility has been established and shall be maintained in accordance with
this administrative regulation.
Section 21. Lender Liability. Requirements
for lender liability shall be as established in 40 C.F.R. 280 Subpart
I.
Section 22. Extensions.
(1) The owner or operator of a UST system may
request an extension to a deadline established by this administrative
regulation or established by the cabinet in a written directive.
(2) The extension request shall be submitted
in writing and received by the Division of Waste Management prior to the
deadline.
(3) The cabinet may grant
an extension, if an extension would not have a detrimental impact on human
health or the environment.
Section
23. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "UST Annual Walkthrough
Inspection", DWM 4220, September 2019;
(b) "UST Automatic Line Leak Detector
Operational Test", DWM 4221, September 2019;
(c) "UST Containment Device Test", DWM 4222,
September 2019;
(d) "UST Electronic
Release Detection Equipment Test", DWM 4223, September 2019;
(e) "UST Facility Owner Address Correction",
DWM 4224, September 2019;
(f) "UST
Facility Registration", DWM 4225, September 2019;
(g) "UST Galvanic Cathodic Protection
Evaluation", DWM 4226, September 2019;
(h) "UST Impressed Current Cathodic
Protection Evaluation", DWM 4227, September 2019;
(i) "UST Integrity Assessment", DWM 4228,
September 2019;
(j) "UST Line
Tightness Test", DWM 4229, January 2019;
(k) "UST Monthly Walkthrough Inspection", DWM
4230, September 2019;
(l) "UST
Notice of Intent to Install Underground Storage Tank or Piping", DWM 4231,
September 2019;
(m) "UST Overfill
Prevention Device Test", DWM 4232, September 2019;
(n) "UST Rectifier Operational Record for
Impressed Current Cathodic Protection Systems (60-day Log)", DWM 4233,
September 2019;
(o) "UST System
Compatibility Verification", DWM 4234, September 2019;
(p) "UST Tank Tightness Test", DWM 4235,
September 2019;
(q) "UST Visual
Interstitial Log", DWM 4236, September 2019;
(r) "UST System Compliance Manual", January
2019; and
(s) "UST Systems:
Inspecting and Maintaining Sumps and Spill Buckets", EPA 510-R-05-001, May
2005.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Division of Waste Management, 300 Sower Boulevard, Second Floor, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
(3) This material may also be obtained at the
Division of Waste Management's Web site at
eec.ky.gov/environmental-protection/waste or from
www.epa.gov.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.60-105,
224.60-150,
42 U.S.C.
6991 -
6991m