401 KAR 42:030. UST system general
operating requirements.
RELATES TO: KRS 224.10, 224.60, 40 C.F.R.
Part 280 Subpart C, 42 U.S.C. 6991c, 6991e, 6991k
STATUTORY AUTHORITY: KRS 224.10-100,
224.60-105, 42 U.S.C. 6991e, 6991k
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
actions, 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
underground storage tanks This administrative regulation establishes requirements
for spill and overfill control, operation and maintenance of corrosion protection,
compatibility, repairs, and reporting and recordkeeping.
Section 1. Spill and Overfill Control.
Spill and overfill control requirements shall be as established in 40 C.F.R.
280.30.
Section 2. Spill Containment Devices
(Spill Buckets). (1) All spill
containment devices installed after April 1, 2012, shall be double-walled,
liquid-tight, compatible with the substance being stored in the tank, and
installed in accordance with the manufacturers’ instructions.
(2)(a) All double-walled spill
containment devices installed after April 1, 2012 shall be tested at installation,
and every thirty-six (36) months thereafter, for liquid-tightness using a
hydrostatic test, or a test method approved by the double-walled spill
containment device’s manufacturer.
(b) The test shall be documented on Spill
Containment Device Test, DEP 4065 or on a standardized form provided by the
testing equipment manufacturers if the form contains, at a minimum, the same
information.
1.
Failing test results shall be submitted to the Underground Storage Tank Branch
within seven (7) days of the test date.
2. Passing test results shall be
submitted to the Underground Storage Tank Branch within thirty (30) days of the
test date.
(c) Owners and operators shall maintain
written records to document the current test results until the next test is
performed.
(3) Owners and operators shall
immediately repair or replace a damaged, defective, or leaking spill
containment device.
(4) Owners and operators shall not allow
regulated substances, liquids, or debris to accumulate in a spill containment
device. Owners and operators shall remove all liquid accumulations and debris
from a spill containment device immediately.
Section 3. Under-Dispenser Containment
and Sumps. (1) UDC and sumps installed in accordance with 401 KAR 42:020,
Section 12 shall be tested for liquid-tightness at least every three (3) years. Testers shall conduct a
hydrostatic, vacuum, or other manufacturer-approved integrity test to verify
liquid-tightness.
(2) Owners and operators shall maintain
written documentation of the test results for at least three (3) years.
(3)(a) Failing test results shall be
submitted to the Underground Storage Tank Branch within seven (7) days of the
test date
(b) Passing test results shall be
submitted to the Underground Storage Tank Branch within thirty (30) days of the
test date
Section 4. Overfill Prevention Devices.
All overfill prevention devices installed after April 1, 2012 shall be
installed in an extractable fitting to allow for inspection, maintenance, and
testing of the device.
Section 5. Corrosion Protection. (1) UST
system components that routinely contain product and are regularly or
intermittently in contact with soil, water, or backfill shall be protected from
corrosion.
(2) Owners or operators with steel tanks
or piping that do not have corrosion protection installed in accordance with
subsection (1) of this section shall remove all regulated substances and
initiate permanent closure, in accordance with 401 KAR 42:070, by January 1,
2012.
Section 6. Operation and Maintenance of
Corrosion Protection. Requirements for operation and maintenance of corrosion
protection shall be as established in 40 C.F.R. 280.31.
Section 7. Cathodic Protection System
Evaluation. (1) 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 least every three (3) years thereafter.
(2) If the cathodic protection system fails an evaluation, but
the cathodic protection system evaluator determines the failure may be
attributable to adverse physical conditions related to the evaluation and
determines that the system is otherwise in good working condition, then a
reevaluation may be performed.
(a) If a reevaluation is performed, it
shall be within ninety (90) days of the failing evaluation.
(b) A reevaluation shall only be
performed once for a failed system evaluation.
(c) If the cathodic protection system
fails the reevaluation, then repairs or modifications shall be completed as
soon as practicable, but not more than ninety (90) days after the performance
of the evaluation.
(3) If the cathodic protection system
fails the evaluation, and it does not qualify for the ninety (90) day
reevaluation period in subsection (2) of this section, then repairs or
modifications shall be completed as soon as practicable, but not more than
ninety (90) days after the performance of the evaluation.
(4) If the cathodic protection system
evaluation results are 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.
(5)(a) The owner or operator shall
complete the 60-Day Record of Rectifier Operation for Impressed Current
Cathodic Protection System, DEP 8054, every sixty (60) days; and
(b) The form shall be retained by the
owner or operator for at least three (3) years and made available to the
cabinet upon request.
(6) The owner or operator shall ensure
that a cathodic protection system evaluator completes, signs, and submits to
the cabinet, the applicable forms incorporated by reference in Section 15, paragraphs
(1)(a) and (b) of this administrative regulation for the purpose of cathodic
protection system evaluation within thirty (30) days of system evaluation.
Section 8. Impressed Current Cathodic
Protection System Design or Modification. The design of, or modifications to,
an impressed current corrosion protection system shall only be conducted by a
person qualified as a corrosion expert.
Section 9. Cathodic Protection System
Evaluators. (1) To test cathodic protection systems, a person shall have
completed a third-party corrosion protection tester training, which includes,
at a minimum, the following:
(a) Basics of corrosion;
(b) Underground corrosion;
(c) Corrosion prevention;
(d) Assessing physical conditions for
corrosion potential;
(e) Hands on field experience in the
testing of both impressed current and sacrificial anode systems, which
includes:
1. Using reference cells;
2. Taking remote readings for appropriate
systems;
3. How to read and understand a
rectifier;
4. Taking measurements/ -850 criterion;
and
5. Typical and nontypical problems;
(f) Review of EPA’s regulatory
requirements for corrosion protection; and
(g) Review of standards and recommended
practices from corrosion protection publications including, NACE, API, NFPA,
STI, and ASTM.
(2) Owners or operators shall ensure that
individuals, qualified to perform cathodic protection system evaluations in
accordance with subsection (1) of this section, submit to the cabinet upon
request, documentation verifying that the training requirements have been met.
Section 10. Compatibility. (1)
Requirements for compatibility shall be as established in 40 C.F.R. 280.32; and
(2) The owner or operator of a UST system
installed after April 1, 2012 shall submit the Installation Verification and
Compatibility Form, DEP 7115 within thirty (30) days of bringing the UST system
into operation in order to verify that the UST system is compatible with the
regulated substance stored.
(3)(a) A UST System Compatibility Form,
DEP 6089 shall be submitted to the cabinet if the regulated substance stored is
no longer covered by a previously submitted Installation Verification and Compatibility
Form, DEP 7115 or UST System Compatibility Form, DEP 6089.
(b) A UST System Compatibility Form, DEP
6089 shall be submitted within thirty (30) days of the replacement of a UST
system component associated with a UST system installed after April 1, 2012,
when the UST system component is no longer covered by a previously submitted
Installation Verification and Compatibility Form, DEP 7115 or a UST
Compatibility Form, DEP 6089.
Section 11. UST System Repairs. (1) UST
system repairs allowed shall be as established in 40 C.F.R. 280.33.
(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)(a) Prior to returning the repaired
tank or piping to service, owners and operators shall conduct a tank or line
tightness test, adequate to detect a release from the repaired portion of the
tank or piping, using a testing method certified by an independent third-party
evaluator that is capable of detecting a one-tenth (0.1) gallon per hour leak
rate.
(b) Owners and operators shall submit the
results of all tank or line tightness tests in accordance with 401 KAR 42:040,
Section 4.
Section 12. Upgrading Interior-lined
Steel Tanks with External Corrosion Protection. (1) Not later than December 22,
2013, all existing steel tanks equipped with interior lining as the sole method
of corrosion protection shall be upgraded by the addition of an impressed
current cathodic protection system or shall be permanently closed in accordance
with 401 KAR 42:070.
(2) A manned-entry integrity assessment
of a steel tank, conducted by a contractor certified by the State Fire
Marshal’s Office pursuant to 815 KAR 30:060 utilizing a method certified by an
independent third-party evaluator, shall be performed prior to upgrading an
interior-lined steel tank with an impressed current cathodic protection system.
(a) The manned-entry integrity assessment
shall be performed not more than twelve (12) months prior to the addition of an
impressed current cathodic protection system.
(b) Documentation of the manned-entry
integrity assessment and results, including the average tank metal thickness,
shall be submitted to the cabinet on the Manned Entry Integrity Assessment, DEP
8050 within thirty (30) days of the assessment being conducted.
(3) If the integrity assessment
determines that the average metal thickness of the steel tank is less than
seventy-five (75) percent of the tank’s original metal thickness, the steel
tank shall not be upgraded and shall be permanently closed in accordance with
401 KAR 42:070.
Section 13. Recordkeeping. Requirements
for recordkeeping shall be as established in 40 C.F.R. 280.34(b) and (c).
Section 14. 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 15. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Galvanic (Sacrificial Anode)
Cathodic Protection System Evaluation", DEP 8052, April 2011;
(b) "Impressed Current Cathodic
Protection System Evaluation", DEP 8053, April 2011;
(c) "60-Day Record of Rectifier
Operation for Impressed Current Cathodic Protection System", DEP 8054, April
2011.
(d) "UST System Compatibility Form",
DEP 6089, April 2011;
(e) "Spill Containment Device Test",
DEP 4065, April 2011; and
(f) "Manned Entry Integrity
Assessment", DEP 8050, April 2011.
(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 (17 Ky.R. 1638;
eff. 12-19-90; 32 Ky.R. 2117; 33 Ky.R. 737; eff. 9-13-2006; 37 Ky.R. 2696; 38
Ky.R. 263; 518; 744; eff. 10-6-11.)
