(1) Notification
requirements.
(a) Any owner who intends to
bring or brings a new underground storage tank system into use shall notify the
division as follows:
1. Pre-installation
notification form.
Notification shall be made 15 days prior to commencement of
installation of such underground storage tank systems by submitting a
pre-installation notification form to the division. The pre-installation
notification form shall include, but not be limited to, the following
information: the property address; the business name; the tank owner's name and
address; and the number of compartments in each tank. This information shall be
submitted in a format established by the division and the pre-installation
notification form shall be completed in accordance with instructions provided
by the Division.
2.
Notification form for newly installed tanks.
The owner of a newly installed tank shall submit notification
of the underground storage tank system installation to the Division within 15
days in accordance with subparagraphs (b) through (d) of this paragraph. The
owner shall use the notification form designated by the Division.
(b) Owners shall
complete the notification form accurately and in its entirety for each tank,
tank compartment, and the piping connected thereto, for which notice is
required in accordance with part (a)2. of this paragraph. The form shall be
completed in accordance with the instructions provided by the
Division.
(c) Owners required to
submit notification under part (a)2. of this paragraph shall provide
notification to the Division for each tank and tank compartment they own.
Owners may provide notification for several tanks using one notification form,
but owners who own tanks located at more than one place of operation shall file
a separate notification form for each separate place of operation.
(d) All owners of UST systems installed after
December 22, 1988 shall certify in the notification form compliance with the
following requirements:
1. Installation of
tanks and piping has been certified using one of the following methods:
(i) The installer has been certified by the
tank and piping manufacturers;
(ii)
The installation has been inspected and certified by a registered professional
engineer with education and experience in UST system installation;
(iii) The installation has been inspected and
approved by the division;
(iv) All
work listed in the manufacturer's installation checklist has been completed;
or
(v) The owner has complied with
another method for ensuring compliance with paragraph (1) of Rule
0400-18-01-.02
that has been determined by the division prior to installation to be no less
protective of human health and the environment;
2. Cathodic protection of steel tanks and
piping in accordance with paragraph (4) of Rule
0400-18-01-.02;
3. Financial responsibility in accordance
with Rule
0400-18-01-.08;
and
4. Release detection in
accordance with Rule
0400-18-01-.04.
(e) All owners of UST systems
installed after December 22, 1988 shall ensure that the installer certifies in
the notification form that the methods used to install the tanks and piping
complies with the requirements in paragraph (1) of Rule
0400-18-01-.02.
(f) Any person who sells a tank intended to
be used as an underground storage tank shall notify the purchaser at the time
of sale of such tank of the owner's obligations for notification prior to
installation under subparagraph (a) of this paragraph.
(g) Any change in the status of the tanks at
a petroleum UST facility shall be reported within 30 days of said change. This
includes but is not limited to changes of ownership, upgrading or replacement
of tanks, changes in mailing address, permanent closure of a tank compartment,
and changes in service. Such reports shall be made using an amended
notification form. In the case of a sale of tanks, the seller shall submit the
notification form designated by the Division, completed in accordance with
instructions provided by the Division, and shall also inform the buyer of the
notification requirement.
(h) Any
change in Class A, or Class B Operators shall be reported to the Division
within 30 days of said change in the Division's web based training
database.
(2) Reporting
and record keeping.
Owners, operators, and/or other responsible parties of UST
systems shall cooperate fully with inspections, monitoring and testing
conducted by the Division, as well as requests for document submission,
testing, and monitoring by the owner, operator, and/or other responsible
parties in accordance with the Tennessee Petroleum Underground Storage Tank Act
T.C.A. §§
68-215-101
et seq.
(a) Reporting.
Owners, operators, and/or other responsible parties shall
submit the following information to the Division:
1. Notification for all UST systems
(paragraph (1) of this rule), which includes certification of installation for
new UST systems (subparagraphs (1)(d) and (e) of this rule) and notification
for any change in the status of the tanks at a petroleum UST facility
(subparagraph (1)(g) of this rule);
2. Notification prior to switching UST
systems to certain petroleum substances in accordance with subparagraph (5)(b)
of Rule
0400-18-01-.02;
3. Reports of all releases including
suspected releases (paragraph (1) of Rule
0400-18-01-.05),
spills and overfills (paragraph (4) of Rule
0400-18-01-.05),
and confirmed releases (Rule
0400-18-01-.06);
4. Corrective actions planned or taken
including, but not limited to, initial response measures (paragraph (3) of Rule
0400-18-01-.06),
hazard management measures (paragraph (4) of Rule
0400-18-01-.06),
initial site characterization and exposure assessment (paragraph (5) of Rule
0400-18-01-.06),
corrective action plan (paragraph (10) of Rule
0400-18-01-.06),
and as otherwise directed by the division;
5. A notification before permanent closure or
change-in-service (paragraphs (3) and (4) of Rule
0400-18-01-.07);
and
6. Tank closure activities
including site assessment results (paragraph (5) of Rule
0400-18-01-.07).
(b) Record keeping.
Owners, operators, and/or other responsible parties shall
maintain the following information:
1.
A log of the monthly spill catchment basin inspections showing at a minimum the
last 12 months of inspections (part (3)(b)4. of Rule
0400-18-01-.02);
2. Documentation of compliance for spill and
overfill prevention equipment and containment sumps used for interstitial
monitoring of piping (part (3)(d) of Rule
0400-18-01-.02);
3. Documentation of compliance with the
lining requirements for a tank, which is constructed of steel and was installed
on or before December 22, 1988 (subpart (4)(a)3.(i) of Rule
0400-18-01-.02);
4. A corrosion expert's analysis of site
corrosion potential if corrosion protection equipment is not used (part
(4)(a)5. of Rule
0400-18-01-.02;
part (4)(b)3. of Rule
0400-18-01-.02);
5. Documentation of operation of corrosion
protection equipment (subparagraph (4)(c) of Rule
0400-18-01-.02);
6. Documentation of compatibility for UST
systems (subparagraph (5)(b) of Rule
0400-18-01-.02);
7. Documentation of the replacement of tanks,
piping, and/or dispensers (subparagraph (6)(f) of Rule
0400-18-01-.02);
8. Documentation of UST system repairs
(subparagraph (7)(g) of Rule
0400-18-01-.02);
9. Documentation of operation and maintenance
walkthrough inspections (subparagraph (8)(b) of Rule
0400-18-01-.02);
10. A log of the quarterly dispenser
inspections showing at a minimum the last 12 months of inspections
(subparagraphs (1)(e) and (f) of Rule
0400-18-01-.04);
11. Recent compliance with release detection
requirements (paragraph (5) of Rule
0400-18-01-.04);
and
12. Documentation of compliance
with closure requirements and results of the site assessment conducted at
permanent closure (paragraph (7) of Rule
0400-18-01-.07).
(c) Availability and maintenance of records.
1. Owners, operators, and/or other
responsible parties shall keep the records required either:
(i) At the UST site and immediately available
for inspection by the Division; or
(ii) At a readily available alternative site
and be provided for inspection to the Division upon request; or
(iii) In the case of permanent closure
records required under paragraph (7) of Rule
0400-18-01-.07,
owners, operators, and/or other responsible parties are also provided with the
additional alternative of mailing closure records to the Division if they
cannot be kept at the site or an alternative site as indicated in subparts (i)
or (ii) of this part.
2.
If an inspection is scheduled by the Division in advance of the date of that
inspection, all records shall be present and available for review during the
scheduled inspection.
(d)
Records transfer.
Upon transfer of ownership, including, but not limited to,
sale of the UST systems, originals and/or copies of all documents required to
satisfy the reporting and recordkeeping requirements of this paragraph shall be
transferred to the new owner of the USTs at the time of ownership
transfer.
