Current through Register Vol. 50, No. 9, September 20, 2024
A. Underground
storage tank (UST) systems, except for those systems deferred or exempted from
specified Chapters and Sections of these regulations in accordance with LAC
33:XI.101.B and C, shall be subject to the status of red tag/delivery
prohibition of regulated substances upon discovery by the department of any of
the following conditions:
1. failure to
install spill prevention equipment in accordance with LAC 33:XI.Chapter
3;
2. failure to install overfill
protection equipment in accordance with LAC 33:XI.Chapter 3;
3. failure to conduct release detection in
accordance with LAC 33:XI.703.A.1;
4. failure to install corrosion protection
equipment for tanks and product piping in accordance with LAC 33:XI.Chapter
3;
5. allowing a regulated
substance to be placed into an unregistered UST in accordance with LAC
33:XI.301.C.9 or 10;
6. allowing a
regulated substance to be placed into a UST that does not have a current
registration certificate in accordance with LAC 33:XI.301.C.11 or 12;
7. upon evidence of a below-surface release
from an UST system, failure to conduct a system test within the time frame
established in LAC 33:XI.711.A.1, failure to take initial response actions
required by LAC 33:XI.715.B.2 and 3, or failure to conduct the initial
abatement measures required by LAC 33:XI.715.C.1.a-d and g; or
8. whenever failed tank or failed piping has
not been repaired, replaced, upgraded, or permanently closed, or temporarily
closed in accordance with LAC 33:XI.711.A.1.
B. Noncompliance with these regulations as
listed in this Subsection shall result in a red tag/delivery prohibition of
regulated substances if response action is not taken by the owner/operator
within 30 days of receipt of written notification by the department to the
owner/operator. Response action will be considered as taken if the
owner/operator has contracted and scheduled the action to take place within
those 30 days and the response action has been initiated within 60 days of
receipt of the written notification. The forms of noncompliance are:
1. failure to properly operate and/or
maintain release detection equipment in accordance with LAC 33:XI.Chapter 7.
Failure to provide records, within 10 days of request by the department,
showing proper operation and/or maintenance of release detection equipment
shall be considered a failure to properly operate and/or maintain the release
detection equipment;
2. failure to
properly operate and/or maintain spill and overfill equipment in accordance
with LAC 33:XI.Chapter 3 and 503.D, or corrosion protection equipment in
accordance with LAC 33:XI.Chapters 3 and 5. Failure to provide records, within
10 days of request by the department, showing the type of spill, overfill, or
corrosion protection equipment installed and the proper operation and/or
maintenance of spill, overfill, or corrosion protection equipment shall be
considered a failure to properly operate and/or maintain the spill, overfill,
or corrosion protection equipment;
3. failure to maintain financial
responsibility in accordance with LAC 33:XI.Chapter 11;
4. failure to protect from corrosion buried
metal flex hoses and/or components that routinely contain regulated substances
in accordance with LAC 33:XI.303.D.2 and E.4. Failure to produce records,
within 10 days of request by the department, showing procedures and/or
practices designed to protect from corrosion buried metal product piping, flex
hoses, and/or components that routinely contain regulated substances shall be
considered a failure to protect from corrosion buried metal product piping,
flex hoses, and/or components that routinely contain regulated
substances;
5. failure to conduct
periodic testing of spill prevention equipment and containment sumps used for
interstitial monitoring of piping and failure to conduct periodic inspection of
overfill equipment in accordance with LAC 33:XI.511, and failure to repair or
replace failed equipment in accordance with LAC 33:XI.511.D.2 and 3. Failure to
provide records, within 10 days of request by the department, showing proper
testing and/or inspection of spill prevention equipment, containment sumps used
for interstitial monitoring of piping, and overfill equipment shall be
considered failure to properly conduct periodic testing and/or inspecting the
equipment;
6. failure to conduct
periodic operation and maintenance walkthrough inspections in accordance with
LAC 33:XI.513, and failure to repair or replace failed equipment in accordance
with LAC 33:XI.513.C.2 and 3. Failure to provide records, within 10 days of
request by the department, showing that the periodic operation and maintenance
walkthrough inspections were conducted in accordance with LAC 33:XI.513 shall
be considered failure to conduct periodic operation and maintenance walkthrough
inspections;
7. storing a regulated
substance containing greater than 10 percent ethanol or greater than 20 percent
biodiesel without demonstrating UST system compatibility in accordance with LAC
33:XI.505.C; or
8. upon evidence of
a release or a suspected release from a UST system, except for the notification
requirements of LAC 33:XI.713 and 715, failure to initiate by the UST owner the
release investigation and confirmation steps in accordance with LAC 33:XI.711,
cleanup of spills and overfills as required by LAC 33:XI.713, or compliance
with the release response and corrective action requirements of LAC
33:XI.715.
C. It shall
be unlawful for any person to place, or allow the placement of, a regulated
substance into an UST that the department has red tagged/prohibited from
delivery of regulated substances under Subsection A or B of this Section. The
department may use its discretion in determining whether a non-delivery due to
a red tag/delivery prohibition of regulated substances may jeopardize the
availability of, or access to, motor fuel in remote areas of the state or in
cases where an emergency declaration is in effect. When the department
determines that red tagging/delivery prohibition will jeopardize the
availability of, or access, to regulated substances, specifically motor fuels,
in remote areas or in cases of an emergency declaration, it may allow for
continued delivery of regulated substances, for up to 180 days, to an UST that
has failed to have equipment required under Subsection A of this Section
installed or that has been deemed noncompliant by the department under
Subsection B of this Section.
D.
The department shall provide adequate notice to UST system owners/operators and
regulated substance deliverers that an UST has been determined to be ineligible
for delivery, deposit, or acceptance of a regulated substance. Placing or
allowing placement of a regulated substance into an UST determined ineligible
for delivery, deposit, or acceptance of a regulated substance constitutes a
violation of this Section.
E. The
owner/operator of an UST that has been determined to be ineligible for
delivery, deposit, or acceptance of a regulated substance shall make the
necessary system repairs or upgrades, or remedy any form of noncompliance, and
shall be cleared of the red tag/delivery prohibition in writing by the
department, or a person authorized by the department, in order to be removed
from the red tag listing and be deemed eligible for delivery of regulated
substances. The department, or a person authorized by the department, shall
remove the red tag/delivery prohibition status for an UST system within two
working days after compliance and/or upgrade or repair has been
demonstrated.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2001 et
seq.
