Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.1,
224.1-400(11),
224.10, 224.40, 224.43, 224.46, 224.60, 40 C.F.R. 280, Subparts E, F, G, 40
C.F.R. 281, Subpart D,
42 U.S.C.
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. This administrative regulation establishes the requirements
for UST system release reporting, release response, permanent closure of UST
systems, change in service of UST systems, site characterization, corrective
action, and UST facility classification, including screening levels of a UST
system containing petroleum.
Section
1. Reporting for Releases, Spills, and Overfills.
(1) Reporting of confirmed or suspected
releases shall be as established in
40 C.F.R.
280.50 and this section.
(2) Except as established in subsection (3)
of this section, reporting and cleanup requirements for spills and overfills
shall be as established in
40 C.F.R.
280.53.
(3) Confirmed releases, spills, and overfills
shall be reported immediately, in accordance with
KRS
224.1-400(11), to the
cabinet's 24-hour Environmental Emergency Response Team number at (800)
928-2380 or (502) 564-2380.
(4) An
unusual operating condition, or an unconfirmed UST system release, shall be
reported immediately as a suspected release to the cabinet's 24-hour
Environmental Emergency Response Team number at (800) 928-2380 or (502)
564-2380, unless:
(a) The UST system
equipment or component is found not to be releasing regulated substances to the
environment;
(b) Any defective UST
system equipment or component is immediately repaired or replaced;
and
(c) For secondarily contained
UST systems, any liquid in the interstitial space not used as part of the
interstitial monitoring method is immediately
removed.
Section
2. Environmental Emergencies. During the course of an
environmental emergency response, the Environmental Response Team shall have
the authority to prevent delivery, deposit, storage, or dispensing of regulated
substances and to require all actions necessary to protect human health and the
environment.
Section 3. Off-Site
Impacts. Requirements for Investigations due to off-site impacts shall be as
established in
40 C.F.R.
280.51.
Section 4. Release Investigation and
Confirmation.
(1) Procedures for suspected
release investigation and confirmation shall be as established in
40 C.F.R.
280.52 and this administrative
regulation.
(2) Owners and
operators shall immediately investigate and test, within seven (7) days, any
UST component that might contribute to a confirmed or suspected release, or an
unusual operating condition required to be reported in accordance with Section
1 of this administrative regulation. Any defective UST component shall be
repaired or replaced as soon as practical, but shall not exceed the time
requirements established in
401
KAR 42:020.
(3) Owners and operators shall perform a site
check, if directed by the cabinet, in accordance with Section 3.0 of the UST
Corrective Action Manual.
Section
5. Release Response and Corrective Action.
(1) General requirements shall be as
established in
40
C.F.R. 280.60 through
280.67.
(2) The procedures in the UST Corrective
Action Manual shall be followed.
(3) In addition to the requirements
established in
40 C.F.R.
280.62 and
280.63,
the owner or operator shall complete and submit to the cabinet the UST Site
Check Checklist, DWM 4268.
(4) In
addition to the requirements established in
40 C.F.R.
280.63 and
280.65,
the owner or operator shall complete and submit to the cabinet, when directed
in writing, the:
(a) UST Over-Excavation
Checklist, DWM 4267;
(b) UST Site
Investigation Checklist, DWM 4269;
(c) UST Vapor Intrusion Building Assessment
Checklist, DWM 4271; and
(d) UST
Vapor Intrusion Assessment Checklist, DWM 4270.
(5) In addition to the requirements
established in
40 C.F.R.
280.66 and
280.67, the
owner or operator shall complete and submit to the cabinet, if directed in
writing, the:
(a) UST Corrective Action
Certification, DWM 4263;
(b) UST
Over-Excavation Checklist, DWM 4267;
(c) UST Groundwater Monitoring Checklist, DWM
4264; and
(d) UST Interim
Corrective Action Checklist, DWM 4265.
(6) The forms referenced in subsections (3)
through (5) of this section shall be certified by a professional engineer or a
professional geologist.
(7) Owners
and operators shall undertake, as directed in writing by the cabinet,
corrective actions necessary to ensure that contamination of all domestic-use
wells, domestic-use springs, and domestic-use cisterns impacted by a release
from a regulated UST system does not exceed the maximum contaminant levels,
established in 401 KAR Chapter 8, applicable to the regulated substance
stored.
Section 6.
Permanent Closure or Change in Service.
(1)
Owners or operators performing permanent closure, or change in service, of a
UST system shall comply with the requirements of Section 4.0 of the UST
Corrective Action Manual.
(2)
(a) This administrative regulation shall
apply to an owner or operator of a UST system that has a UST system release
confirmed after October 6, 2011, or has submitted a UST Notice of Intent to
Permanently Close Underground Storage Tank or Piping, DWM 4266, that has been
received by the appropriate Division of Waste Management regional office after
October 6, 2011.
(b) With the
exception of those UST systems with requirements established in paragraph (c)
of this subsection, the owners and operators of a UST system that have, prior
to October 6, 2011, either submitted a notice of intent to permanently close
UST systems or reported a confirmed release to the cabinet, shall comply with
the closure requirements in effect on the date the notice of intent to
permanently close UST systems was received by the appropriate Division of Waste
Management regional office or the confirmed release was reported to the
cabinet. This paragraph shall not apply to the screening levels, which shall be
determined in accordance with Section 7 of this administrative
regulation.
(c) An owner or
operator shall comply with the permanent closure requirements that were in
place prior to April 18, 1994, for a UST system:
1. From which dispensing had ceased prior to
April 18, 1994, regardless of the submittal date of the UST Notice of Intent to
Permanently Close Underground Storage Tank System;
2. For which a UST Notice of Intent to
Permanently Close Underground Storage Tank System was submitted after December
22, 1988, but prior to April 18, 1994; or
3. For which a confirmed release was reported
prior to April 18, 1994, regardless of the submittal date of the UST Notice of
Intent to Permanently Close Underground Storage Tank System.
(3)
(a) Owners and operators shall notify the
cabinet of intent to permanently close or make a change in service for a UST
system a minimum of fourteen (14) days prior to beginning either the permanent
closure or change in service in accordance with subsections (1) and (4) of this
section.
1. The notice shall be completed and
submitted on the UST Notice of Intent to Permanently Close Underground Storage
Tank or Piping, DWM 4266.
2.
Initial abatement action shall not alleviate owners and operators of the
responsibility to notify the cabinet of the intent to permanently close a UST
system.
3. The cabinet may specify
a shorter notification time prior to permanent closure if permanent closure
activities are completed in response to actions conducted in accordance with
Sections 2.0 and 3.0 in the UST Corrective Action Manual or actions directed by
the Environmental Response Team.
(b) The UST Notice of Intent to Permanently
Close Underground Storage Tank or Piping, DWM 4266, shall only be valid for
twelve (12) months following submittal to the cabinet.
(4) An assessment at permanent closure or
change in service shall be as established in paragraphs (a) through (c) of this
subsection.
(a)
1. In order to complete permanent closure, or
a change in service of a UST system, owners and operators shall measure for the
presence of a UST system release in accordance with Section 2.0 of the UST
Corrective Action Manual.
2.
Permanent closure activities shall be reported to the cabinet within ninety
(90) days after UST system removal, closure in place, or change in service, in
accordance with Section 4.7 of the UST Corrective Action Manual.
(b) If analytical results from
permanent closure sampling indicate that further actions are necessary, those
actions shall be performed at the written direction of the cabinet, and in
accordance with Section 5.0 of the UST Corrective Action Manual.
(c) The handling, transportation, and
disposal of a regulated substance from a UST system and contaminated soils,
backfill materials, groundwater, cleaning liquids, and other similar materials
generated during activities performed in accordance with this administrative
regulation shall be performed in accordance with applicable requirements of 401
KAR Chapters 30 through 49.
(5) Applicability to previously closed UST
systems shall be as established in
40 C.F.R.
280.73.
(6) Requirements for reporting and
maintaining closure records shall be as established in paragraphs (a) through
(c) of this subsection.
(a)
1. Owners or operators shall complete and
submit to the cabinet a UST Closure Assessment Report Checklist, DWM 4262,
within ninety (90) days of the date of permanent closure or a change in
service, in accordance with Section 4.7 of the UST Corrective Action
Manual.
2. The UST Closure
Assessment Report Checklist, DWM 4262, shall be certified by a professional
engineer or a professional geologist.
(b) Owners or operators shall complete and
submit a UST Certification of Properly Cleaned USTs, DWM 4260, to the cabinet
if a UST system is permanently closed by removal.
(c) Recordkeeping shall be as established in
40 C.F.R.
280.74.
Section 7. UST Facility Classification.
(1)
(a) An
owner or operator of a UST system for which a UST Notice of Intent to
Permanently Close Underground Storage Tank System containing petroleum was
submitted, or a confirmed UST system release of petroleum was reported to the
cabinet, on or after April 18, 1994, shall be required to classify the UST
facility in accordance with this section.
(b) The owner or operator shall, if the UST
system is permanently closed, or if directed by the cabinet, in order to
appropriately classify the UST facility, submit a UST Classification Guide, DWM
4261, which shall be certified by a professional engineer or a professional
geologist.
(c) Section 7.0 of the
UST Corrective Action Manual shall be used in completing the UST Classification
Guide, DWM 4261, for determining the classification of a UST
facility.
(d) Section 7.0 of the
UST Corrective Action Manual lists the applicable screening levels for
petroleum constituents for each classification.
(2) An owner or operator of a UST system that
either submitted a UST Notice of Intent to Permanently Close Underground
Storage Tank System, or reported a confirmed UST system release of petroleum to
the cabinet, or for which dispensing ceased, prior to April 18, 1994, shall not
be required to classify the UST facility in accordance with this administrative
regulation, unless:
(a) The owner or operator
reports an additional confirmed UST system release of petroleum to the cabinet;
and
(b) The additional confirmed
UST system release of petroleum is commingled with a UST system release of
petroleum associated with the UST Notice of Intent to Permanently Close
Underground Storage Tank System submitted prior to April 18, 1994, or the UST
system release of petroleum reported to the cabinet prior to April 18,
1994.
(3) An owner or
operator of a UST system that chooses to remove from the ground a UST system
for which dispensing ceased prior to April 18, 1994, shall not be required to
classify the UST facility in accordance with this administrative
regulation.
(4) An owner or
operator may submit, in accordance with
401 KAR
30:020, Section 2, a written request for a variance to
the applicable screening levels established in accordance with this
administrative regulation if:
(a) Prior to
October 6, 2011:
1. A UST Notice of Intent to
Permanently Close Underground Storage Tank System containing petroleum was
submitted to the cabinet; or
2. A
confirmed UST system release of petroleum was reported to the cabinet;
and
(b) The allowable
levels previously applicable to the UST facility are less stringent than the
screening levels established by this administrative
regulation.
(5) An owner
or operator, required to classify a UST facility in accordance with this
administrative regulation, shall utilize the screening levels established in
Section 7.0 of the UST Corrective Action Manual, regardless of the date of
permanent closure of the UST system.
Section 8. No Further Action Letter.
(1) A no further action letter shall be
issued if the cabinet has determined that all applicable requirements in 401
KAR Chapter 42 have been met.
(2)
Any unpaid annual fees due in accordance with
401
KAR 42:020, shall be paid in full prior to the cabinet
issuing a no further action letter.
(3) If a threat to human health or the
environment exists, related to a release or permanent closure for which a no
further action letter was previously issued, the cabinet shall revoke the no
further action letter and require necessary action in accordance with 401 KAR
Chapter 42.
Section 9.
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 UST Branch of 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.
(4) The cabinet shall
not grant an extension for requirements established in Sections 1, 2, 4(1), or
4(2) of this administrative regulation.
Section 10. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "UST Certification of Properly
Cleaned USTs", DWM 4260, September 2019;
(b) "UST Classification Guide", DWM 4261,
September 2019;
(c) "UST Closure
Assessment Report Checklist", DWM 4262, September 2019;
(d) "UST Corrective Action Certification",
DWM 4263, September 2019;
(e) "UST
Groundwater Monitoring Checklist", DWM 4264, September 2019;
(f) "UST Interim Corrective Action
Checklist", DWM 4265, September 2019;
(g) "UST Notice of Intent to Permanently
Close Underground Storage Tank or Piping", DWM 4266, September 2019;
(h) "UST Over-Excavation Checklist", DWM
4267, September 2019;
(i) "UST Site
Check Checklist", DWM 4268, September 2019;
(j) "UST Site Investigation Checklist", DWM
4269, September 2019;
(k) "UST
Vapor Intrusion Assessment Checklist", DWM 4270, September 2019;
(l) "UST Vapor Intrusion Building Assessment
Checklist", DWM 4271, September 2019; and
(m) "UST Corrective Action Manual", September
2019.
(2) This material
may be inspected, copied, or obtained, subject to 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.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.60-105,
224.60-137