401 KAR 42:070. Out-of-service UST systems, temporary closure and permanent closure of UST systems, and change-in-service of UST systems (United States)

401 KAR 42:070. Out-of-service UST systems, temporary closure and permanent closure of UST systems, and change-in-service of UST systems

Published: 2015

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      401

KAR 42:070. Out-of-service UST systems, temporary closure and permanent closure

of UST systems, and change in service of UST systems.

      RELATES

TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.60, 322, 322A, 40 C.F.R.

Part 280 Subpart G, 42 U.S.C. 6991-6991c

      STATUTORY

AUTHORITY: KRS 224.10-100, 224.60-105, 224.60-137

      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 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 out-of-service UST systems, temporary and permanent closure of

UST systems, and change in service of UST systems.

      Section

1. Applicability. (1) This administrative regulation shall apply to an owner or

operator of a UST system that has a UST system release confirmed after October

1, 2011 or has submitted a Notice of Intent to Permanently Close Underground

Storage Tank System DEP 7114,, that has been received by the appropriate

Division of Waste Management regional office after October 1, 2011.

      (2)

With the exception of those

UST systems addressed in subsection (3) of this section, the owners and operators of a UST system

who have, prior to October 1, 2011, either submitted a notice of intent to

permanently close underground storage tank systems or reported a confirmed

release to the cabinet, shall comply with the closure requirements in existence

when the notice of intent to permanently close underground storage tank systems

was received by the appropriate Division of Waste Management regional office or

the confirmed release was reported to the cabinet. This subsection shall not

apply to the screening levels, which shall be determined in accordance with 401

KAR 42:080, Section 1(2).

      (3)

An owner or operator shall comply with the permanent closure requirements that

were in place prior to April 18, 1994 for:

      (a)

A UST system that was taken out of operation prior to April 18, 1994,

regardless of the submittal date of the Notice of Intent to Permanently Close

Underground Storage Tank System;

      (b)

A Notice of Intent to Permanently Close Underground Storage Tank System was

submitted after December 22, 1988 but prior to April 18, 1994; or

      (c)

A confirmed release was reported prior to April 18, 1994, regardless of the

submittal date of the Notice of Intent to Permanently Close Underground Storage

Tank System.

      Section

2. Temporary Closure. (1) If a UST system is temporarily closed, the owners and

operators shall continue operation and maintenance of corrosion protection and

UST system release detection in accordance with 401 KAR 42:030 and 42:040.

      (a)

If a UST system release is suspected or confirmed, the owners and operators

shall comply with 401 KAR 42:050 and 401 KAR 42:060.

      (b)

UST system release detection is not required if the UST system is empty.

      (2)

In addition to the

requirements of subsection (1) of this section, if a UST system is temporarily closed for more than three

(3) months, the owners and operators shall comply with the following requirements:

      (a)

Leave vent lines open and functioning; and

      (b)

Cap and secure all other lines, pumps, man ways, and ancillary equipment.

      (3) In addition to the requirements of

subsections (1) and (2) of this section, if a UST system is temporarily closed

for more than six (6) months, the owners and operators shall submit an amended "UST Facility

Registration Form", DEP 7112, incorporated by reference in 401 KAR 42:020

to the cabinet indicating that the UST system has changed to temporary closure

status.

      (4)

If a UST system is temporarily closed for more than twelve (12) months and does

not meet the performance standards of 401 KAR 42:030 and 42:040, the owner or

operator of the UST system shall:

      (a)

Complete permanent closure in

accordance with the Closure Outline and this administrative regulation; or

      (b)

Request an extension of temporary closure status in accordance with Section 8

of this administrative regulation and perform an assessment in accordance with

Section 5 of this administrative regulation.

      (5)

If an UST system is temporarily closed for more than twelve (12) months and

meets the performance standards for corrosion protection, spill containment and

overfill prevention, and leak detection in accordance with 401 KAR 42:020,

42:030, and 42:040, owners and operators shall conduct tank and piping

tightness tests on the temporarily closed tanks and piping prior to returning

the UST system to operation.

      Section

3. Notice of Intent for Permanent Closure and Changes in Service. (1)(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 two (2) weeks (fourteen (14)

calendar days) prior to beginning either the permanent closure or change in

service in accordance with Sections 4 and 5 of this administrative regulation.

      1.

This notice shall be submitted on the Notice of Intent to Permanently Close

Underground Storage Tank System DEP 7114.

      2.

Initial abatement action shall not alleviate the owners and operators from

notifying 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 the Release Response and Initial Abatement Requirements

Outline or actions directed by the Environmental Response Team.

      (b)

The Notice of Intent to Permanently Close Underground Storage Tank System DEP

7114, shall only be valid for twelve (12) months following submittal to the

cabinet.

      Section

4. Permanent Closure or Change in Service. Owners or operators performing

permanent closure or change in service of a UST system shall comply with the

requirements of the Closure Outline.

      Section

5. Assessing the Site for Permanent Closure or Change in Service. (1)(a) In

order to complete permanent closure or change in service of a UST system, the

owners and operators shall measure for the presence of a UST system release in

accordance with the Closure Outline.

      (b)

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 the closure Outline.

      (2)

If analytical results from

permanent closure sampling indicate that further actions are necessary, those

actions shall be determined at the written direction of the cabinet in

accordance with 401 KAR 42:060.

      (3)

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

pursuant to this administrative regulation shall be performed in accordance

with applicable requirements of 401 KAR Chapters 30 through 49.

      Section

6. Applicability to previously closed UST systems. Applicability to previously

closed UST systems shall be as established in 40 C.F.R. 280.73.

      Section

7. Closure Records. (1)(a) Owners or operators shall submit a Closure Assessment

Report, DEP 8055, within ninety (90) days of the date of permanent closure or a

change in service, in accordance with the Closure Outline.

      (b)

The Closure Assessment Report shall be signed by a professional engineer or a

professional geologist pursuant to KRS Chapters 322 and 322A.

      (2)

Owners or operators shall submit Certification of Properly Cleaned USTs, DEP

5039, to the cabinet if a UST system is permanently closed by removal.

      Section

8. 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 writing

pursuant to this administrative regulation.

      (2)

The extension request shall be submitted in writing and received by the

Division of Waste Management prior to the deadline.

      (3)

The cabinet shall grant an extension, if an extension would not have a

detrimental impact on human health or the environment.

      Section

9. No Further Action Letter. (1) If a UST facility has met all applicable

requirements in 401 KAR Chapter 42, the cabinet shall issue a no further action

letter.

      (2)

Any unpaid registration fees due in accordance with 401 KAR 42:200 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

10. Incorporation by Reference. (1) The following material is incorporated by

reference:

      (a)

"Closure Outline", August 2011;

      (b)

"Notice of Intent to Permanently Close Underground Storage Tank

System", DEP 7114, April 2011;

      (c)

"Closure Assessment Report ", DEP 8055, April 2011;

      (d)

American Petroleum Institute Recommended Practice 1604, "Closure of

Underground Petroleum Storage Tanks", (Reaffirmed 2001);

      (e)

"Certification of

Properly Cleaned USTs", DEP 5039, April 2011;

      (f)

"Test Methods for Evaluation Solid Wastes Physical/Chemical Methods",

US EPA –SW-846, March 2009; and

      (g)

American Petroleum Institute Publication 2015, "Requirements for Safe

Entry and Cleaning of Petroleum Storage Tanks", August 2001.

      (2)

This material may be inspected, copied, or obtained, subject to applicable

copyright law, at the Division of Waste Management, 200 Fair Oaks Lane, Second

Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

This material is also

available on the Division of Waste Management’s Web site at http://waste.ky.gov/ust.

        (3) The material listed in

subsection (1)(f) of this section may also be obtained at: http://www.epa.gov/epawaste/hazard/testmethods/sw846/online/index.htm. (17 Ky.R. 1645; Am. 1994; eff.

12-19-90; 22 Ky.R. 327; 922; eff. 11-14-95; 32 Ky.R. 2123; 33 Ky.R. 466; 740;

eff. 9-13-2006; 37 Ky.R. 2706; 38 Ky.R. 271; 524; eff. 10-6-11; TAm 4-3-2012.)