401 KAR 42:005. Definitions related to
401 KAR Chapter 42.
RELATES TO: KRS 224.01, 224.10, 224.60,
40 C.F.R. 280 Subpart A, 42 U.S.C. 6991c, 9601 - 9675
STATUTORY AUTHORITY: KRS 224.10-100(5),
224.60-105, 42 U.S.C. 6991k, 6991e
NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.10-100(5) 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(2) 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 human
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 defines terms used throughout 401 KAR Chapter 42.
Section 1. Definitions. (1)
"Aboveground release" means a UST system release to the surface of
the land or to surface water. This includes UST system releases from the aboveground
portion of a UST system and aboveground releases associated with overfills and
transfer operations as the regulated substance moves to or from a UST system.
(2) "Actual cost" means the
cost incurred by the person performing the services or supplying the products.
(3) "Ancillary equipment" means
any devices used to distribute, meter, or control the flow of regulated substances
to and from a UST system, including piping, fittings, flanges, valves, and
pumps.
(4) "API" means the American
Petroleum Institute.
(5) "Assets" is defined by KRS
224.60-120(3).
(6) "Automatic line leak detector"
means:
(a) Electronic line leak detector; or
(b) Mechanical line leak detector.
(7) "ASTM" means the American
Society for Testing and Materials.
(8) "Background" means the
concentration of substances consistently present in the environment at, or
regionally proximate to, a UST system release, but outside of the influence of
the UST system release. There are two (2) types of background as follows:
(a) Natural background is the amount of
naturally-occurring substances in the environment, exclusive of that from
anthropogenic sources; and
(b) Ambient background is the amount of
both naturally occurring substances and ubiquitous anthropogenic substances in
the environment at levels that are representative of the region surrounding the
UST facility and at levels not attributable to activities on the property.
(9) "Belowground release" means
a UST system release to the subsurface of the land or to groundwater. This includes
UST system releases from the belowground portions of a UST system and belowground
releases associated with overfills and transfer operations as the regulated
substance moves to or from a UST system.
(10) "Beneath the surface of the
ground" means, for purposes of identifying an underground storage tank
system as set forth in KRS 224.60-100, beneath the ground surface or otherwise
covered with earthen materials.
(11) "Bodily injury and property
damage" is defined by KRS 224.60-115(1).
(12) "Cabinet" is defined by
KRS 224.01-010(9).
(13) "Cathodic protection"
means a technique to prevent corrosion of a metal surface by making that
surface the cathode of an electrochemical cell. For example, a UST system can
be cathodically protected through the application of either galvanic anodes or
impressed current.
(14) "Cathodic protection
tester" means a person accredited or certified as being a cathodic
protection tester in accordance with 401 KAR 42:030.
(15) "CERCLA" means the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
42 U.S.C. 9601 - 9675.
(16) "Change in service" means
continued use of a UST system that previously stored a regulated substance to
store a nonregulated substance.
(17) "Claim" is defined by KRS
224.60-115(3).
(18) "Compatible" means the
ability of two (2) or more substances to maintain their respective physical and
chemical properties upon contact with one another for the design life of the
UST system under conditions likely to be encountered in the UST system.
(19) "Connected piping" means
all underground piping including valves, elbows, joints, flanges, and flexible
connectors attached to a UST system through which regulated substances flow.
For the purpose of determining how much piping is connected to any individual
UST system, the piping that joins two (2) UST systems shall be allocated
equally between them.
(20) "Consumptive use" means,
with respect to heating oil, consumed on the premises where stored.
(21) "Contamination" means
degradation in the quality of surface water, sediment, groundwater, air, soil,
or bedrock as a result of human activities.
(22) "Contract" means the
legally-binding written agreement for performance of corrective action entered
into by an owner or operator and a contracting eligible company or partnership
eligible pursuant to 401 KAR 42:316.
(23) "Corrective action":
(a) For purposes of 401 KAR 42:250,
42:290, 42:300, 42:316; 42:330, 42:335 and 42:340, is defined by KRS
224.60-115(4); or
(b) For purposes of 401 KAR 42:011,
42:020, 42:030, 42:040, 42:045, 42:050, 42:060, 42:070, 42:080, 42:090, 42:095,
and 42:200, means those actions necessary to protect human health and the environment
if there is a UST system release. Corrective action includes remedial actions
to clean up contaminated groundwater, surface waters or soil, actions to
address residual effects after initial corrective action is taken, and actions
taken to restore or replace potable water supplies. Corrective action also
includes actions necessary to monitor, assess, and evaluate a UST system
release, as well as actions necessary to monitor, assess, and evaluate the
effectiveness of remedial action after a UST system release has occurred.
(24) "Corrosion expert" means a
person who, by reason of thorough knowledge of the physical sciences and the
principles of engineering and mathematics acquired by professional education
and related practical experience, is qualified to engage in the practice of corrosion
control on buried or submerged metal piping systems and metal tanks. Such a
person shall be accredited or certified as being qualified by the National
Association of Corrosion Engineers (NACE International), or a professional
engineer licensed by the Kentucky State Board of Licensure for Professional
Engineers and Land Surveyors with certification or licensing that includes
education and experience in corrosion control of buried or submerged metal piping
systems and metal tanks.
(25) "Delivery prohibition"
means prohibiting the delivery, deposit, or
acceptance of a regulated substance to an underground storage tank that has
been determined to be ineligible by the cabinet in accordance with 401 KAR
42:045 for such delivery, deposit, or acceptance.
(26) "Dielectric material"
means a material that does not conduct direct electrical current.
(27) "Dispenser" means a device
that is used to transfer regulated substances from a UST system to a point
outside of the UST system.
(28) "Division" is defined by
KRS 224.60-115(6).
(29) "Domestic-use cistern"
means a cistern constructed in a manner to allow the infiltration of
groundwater and is currently used or potentially used by humans for consumption
or other uses resulting in dermal or inhalation exposure.
(30) "Domestic-use spring"
means a perennial spring continuously utilized by humans for consumption or other
potable uses resulting in dermal or inhalation exposure.
(31) "Domestic-use well" means
a well currently used or potentially
used by humans for consumption or other uses resulting in dermal or inhalation
exposure.
(32) "Double-walled piping"
means piping consisting of an inner wall and an outer wall with an interstitial
space between the inner and outer wall.
(33) "Double-walled tank" means
a tank consisting of an inner wall and an outer wall with an interstitial space
between the inner and outer wall.
(34) "Electrical equipment"
means underground equipment containing dielectric fluid used for the operation
of equipment such as transformers and buried electrical cable.
(35) "Eligible company or
partnership" means a person issued a letter of eligibility in accordance
with 401 KAR 42:316.
(36) "Empty" means all
regulated substances have been removed from the UST system using commonly
employed practices so that not more than two and five-tenths (2.5) centimeters
(one (1) inch) of residue, or three-tenths (0.3) percent by weight of the total
capacity of the UST system, remain in the system.
(37) "Entry level" means an
amount equal to the financial responsibility the owner or operator shall
establish and maintain in accordance with KRS 224.60-120.
(38) "Environmental emergency"
is defined by KRS 224.01-400(1)(d).
(39) "Environmentally sensitive
feature" means surface waters and jurisdictional wetland areas. The term does
not include road-side ditches or manmade drainage ways that do not discharge to
surface waters or wetland areas within a fifty (50) meter radius of the excavation
zone.
(40) "EPA identification
number" means the number assigned by the U.S. EPA or the cabinet to each
hazardous waste generator; transporter; and treatment, storage, or disposal
facility.
(41) "Excavation zone" means
the volume containing the UST system and backfill material bounded by the
ground surface, walls, and floor of the pit and trenches into which the UST system
is placed at the time of installation. An excavation zone contains one (1) or
more than one (1) UST system.
(42) "Existing UST system"
means a UST system used to contain an accumulation of regulated substances or
for which installation commenced on or before December 22, 1988. Installation
is considered to have commenced if:
(a) The owner or operator has obtained
all federal, state, and local approvals or permits necessary to begin physical
construction of the UST facility or installation of the UST system; and
(b)1. A continuous, physical construction
or installation program has begun at the UST facility; or
2. The owner or operator has entered into
contractual obligations, that cannot be canceled or modified without
substantial loss, for physical construction at the UST facility or installation
of the UST system to be completed within a reasonable time.
(43) "Facility" is defined by KRS
224.60-115(7).
(44) "Farm tank" means a tank
located on a tract of land devoted to the production of crops (including
nurseries) or raising animals (including fish hatcheries) and associated
residences and improvements.
(45) "Federal agency" means any
department, agency, or other instrumentality of the federal government, any independent
agency or establishment of the federal government, including any government corporation,
or the U.S. Government Printing Office.
(46) "Federal regulations" is
defined by KRS 224.60-115(8).
(47) "Financial ability" means
the capacity of a petroleum storage tank owner or operator to finance the
performance of corrective action.
(48) "Flow-through process
tank" means a tank that forms an integral part of a production process
through which there is a steady, variable, recurring, or intermittent flow of
materials during the operation of the process. Flow-through process tanks do
not include tanks used for the storage of materials prior to their introduction
into the production process or for the storage of finished products or
by-products from the production process.
(49) "Free product" is defined
by KRS 224.60-115(9).
(50) "Guarantor" is defined by
KRS 224.60-120(4).
(51) "Gathering lines" means
pipelines, equipment, facilities, and buildings used in the transportation of
oil or gas during oil or gas production or gathering operations.
(52) "Groundwater" means the
subsurface water occurring in the zone of saturation beneath the water table,
and perched water zones below the B-soil horizon, including water circulating
through fractures, bedding planes, and solution conduits.
(53) "Hazardous substance UST
system" means a UST system that contains a hazardous substance identified
in Section 101(14) of CERCLA (but not including any substance regulated as a
hazardous waste under 401 KAR Chapters 31 through 39), or contains a mixture of
this type of hazardous substance and petroleum and is not a petroleum UST
system.
(54) "Heating oil" means
petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No.
5-heavy, or No. 6 technical grades of fuel oil; other residual fuel oils
(including Navy Special Fuel Oil and Bunker C); and other fuels if used as
substitutes for one (1) of these fuel oils. Heating oil is typically used in
the operation of heating equipment, boilers, or furnaces.
(55) "Hydraulic lift tank"
means a tank holding hydraulic fluid for a closed-loop mechanical system that
uses compressed air or hydraulic fluid to operate lifts, elevators, and other
similar devices.
(56) "Hydrogeologically
downgradient" means in the direction from a point of higher hydrostatic
pressure to a point of lower hydrostatic pressure, as defined by wells or
piezometers constructed to the same depth, or in the direction from a point
where a higher water table elevation exists to a point where a lower water
table elevation exists, as defined by wells or piezometers.
(57) "Hydrogeologically
upgradient" means in the direction from a point of lower hydrostatic
pressure to a point of higher hydrostatic pressure, as defined by wells or
piezometers constructed to the same depth, or in the direction from a point
where a lower water table elevation exists to a point where a higher water
table elevation exists, as defined by wells or piezometers.
(58) "Independent third-party
evaluator" means a consulting firm, test laboratory, not-for-profit
research organization, or educational institution with no organizational or
financial conflict of interest.
(59) "Interior lining" means
corrosion and chemical resistance materials that are applied to the inside of
the tank to protect the internal surface of the tank from corrosion.
(60) "Interstitial space" means
the area between the inner and outer wall of double-walled tanks or
double-walled piping;
(61) "Liquid-tight" means
impervious to the passage of water or a liquid regulated substance.
(62) "Liquid trap" means a
sump, well cellar, or other trap used in association with oil and gas
production, gathering, and extraction operations (including gas production
plants) for the purpose of collecting oil, water, and other liquids.
(63) "Maintenance" means the
normal operational upkeep to prevent a UST system from releasing a regulated substance.
(64) "Monitoring" means the act
of systematically collecting and accessing data on operational parameters or on
the quality of the air, soil, bedrock, groundwater, sediment, or surface water.
(65) "Motor fuel" is defined by
KRS 224.60-115(12).
(66) "NACE" means the National
Association of Corrosion Engineers.
(67) "Net worth" is defined by
KRS 224.60-120(3).
(68) "Newly discovered UST
system" means a UST system at a UST facility that would not have been
discovered by the owner or operator by the exercise of ordinary diligence.
(69) "New UST system" means a
UST system that will be used to contain an accumulation of regulated substances
and for which installation commenced after December 22, 1988.
(70) "NFPA" means the National
Fire Prevention Association.
(71) "Noncommercial purposes"
means, with respect to motor fuel, not for resale.
(72) "Occurrence" is defined by
KRS 224.60-115(13).
(73) "Off-site" means any area
beyond the point of compliance.
(74) "On-site" means the area
within the point of compliance.
(75) "On the premises where
stored" means, with respect to heating oil, a UST system located on the
same property where the stored heating oil is used.
(76) "Operation" means the
storage and dispensing of a regulated substance from a UST system.
(77) "Operational life" means
the period beginning when installation of the UST system has commenced and
ending when the UST system is closed under 401 KAR 42:070.
(78) "Operator" means a person
in final control of, or having final responsibility for, the daily operation of
the UST system. The operator shall be a person who has full authority to comply
with the requirements of 401 KAR Chapter 42.
(79) "Original invoice" means
an original or duplicate copy of an itemized list of all products or services
obtained, including the itemized cost thereof provided to the contractor or
owner or operator by the person supplying the products or providing the services.
(80) "Overfill release" means a
UST system release that occurs if a UST system is filled beyond its capacity,
resulting in a discharge of the regulated substance to the environment.
(81) "Owner" means:
(a) For a UST system in use on November
8, 1984, or brought into use after that date, a person who owns a UST system
used for storage, use, or dispensing of a regulated substance; and
(b) For a UST system in use before
November 8, 1984, but no longer in use on that date, a person who owned the UST
system immediately before the discontinuation of its use.
(82) "Permanent closure" means
either:
(a) Closure, occurring prior to December
22, 1988, in accordance with the requirements of the Kentucky Fire Marshal, and
applicable industry standards when closure occurred, and in a manner that prevents
future use of the UST system; or
(b) After December 22, 1988, removing the
UST system from the ground or filling the UST system with an inert solid
material or a combination of both methods.
(83).
"Person" is defined by KRS
224.60-115(14).
(84) "Petroleum" is defined by
KRS 224.60-115(15).
(85) "Petroleum storage tank"
is defined by KRS 224.60-115(16);
(86) "Petroleum storage tank
operator" is defined by KRS 224.60-115(17);
(87) "Petroleum storage tank
owner" is defined by KRS 224.60-115(18).
(88) "Petroleum UST system"
means a UST system that contains petroleum or a mixture of petroleum with de minimis
quantities of other regulated substances. The term includes those containing
motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants,
petroleum solvents, and used oils.
(89) "Pipe" or
"piping" means a hollow cylinder or tubular conduit that is
constructed of nonearthen materials (for example, concrete, steel, plastic, or
a combination of these types of materials).
(90) "Pipeline facilities" means
new or existing pipe rights-of-way and any associated equipment, facilities, or
buildings, including gathering lines.
(91) "Point of compliance"
means the property boundaries of the property on which the UST facility is
located.
(92) "Product deliverer" means
a person who delivers or deposits regulated substances into a UST system.
(93) "Ranking system" means the
system for determining the sequence by which written directives shall be issued
in order to address the completion of corrective action, and the subsequent
reimbursement of those eligible costs, as established by 401 KAR 42:290.
(94) "Registration" or
"register" shall have the same meaning as "notification" or
"notice", as used in 40 C.F.R. Part 280 Subpart B.
(95) "Regulated substance" is
defined by KRS 224.60-100(2).
(96) "Release" is defined by
KRS 224.60-115(20).
(97) "Release detection" or
"leak detection" means a method of determining if:
(a) A release of a regulated substance
has occurred from the UST system into the environment; or
(b) A regulated substance has infiltrated
the interstitial space of a UST system.
(98) "Repair" means to restore
a UST system component that has caused a UST system release of a regulated
substance or that exhibits an unusual operating condition.
(99) "Residential tank" means a
tank located on property used primarily for dwelling purposes.
(100) "Residual tank materials"
means accumulated tank water, bottom sediments, mixture of product and water,
or other material remaining in a tank after removal of tank contents.
(101) "SARA" means the
Superfund Amendments and Authorization Act of 1986.
(102) "Secretary" is defined by
KRS 224.01-010(24).
(103) "Septic tank" means a
watertight covered receptacle designed to receive or process, through liquid
separation or biological digestion, the sewage discharged from a building
sewer. The effluent from the receptacle is distributed for disposal through the
soil, and settled solids and scum from the tank are pumped out periodically and
hauled to a treatment facility.
(104) "SFMO" means the State
Fire Marshal's Office.
(105) "Statistical
Inventory Reconciliation" or "SIR" means a leak-detection system
that uses computer software to conduct a statistical analysis of inventory,
delivery, and dispensing data collected over a period of time to determine if a
UST system is leaking.
(106) "STI" means the Steel Tank
Institute.
(107) "Storm-water" or "wastewater
collection system" means piping, pumps, conduits, and other equipment used
to collect or transport the flow of surface water run-off resulting from
precipitation or domestic, commercial, or industrial wastewater to or from
retention areas or any areas where treatment is designated to occur.
(108) "Sump"
means a subsurface area designed to provide access to underground UST system
equipment.
(109) "Surface impoundment"
means a natural topographic depression, manmade excavation, or diked area
formed primarily of earthen materials (although it may be lined with manmade
materials) that is not an injection well.
(110) "Surface water" means
those waters having well-defined banks and beds, either constantly or intermittently
flowing; lakes and impounded waters; marshes and wetlands; and subterranean
waters flowing in well-defined channels and having a demonstrable hydrologic
connection to the surface. Effluent ditches and lagoons used for waste
treatment that are situated on property owned, leased, or under valid easement
by a permitted discharger are not considered to be surface waters of the
Commonwealth.
(111) "Suspected UST system release"
means the observation of an unusual operating condition or an unconfirmed UST
system release.
(112) "Tank" means a stationary
component of a UST system, excluding the connected underground piping,
underground ancillary equipment, and containment system, if any, designed to
contain an accumulation of regulated substances and constructed of nonearthen
materials (for example, concrete, steel, plastic, or a combination of these
materials) that provide structural support.
(113) "Tank contents" means accumulated
tank water, bottom sediments, or mixture of product and water that is removed
from a tank at one (1) time by the same method and that is accepted by a recycling
facility.
(114) "Temporary closure" means
taking a UST system out of operation pursuant to the requirements of 401 KAR
42:070.
(115) "Third party" is defined
by KRS 224.60-115(22).
(116) "Trip blank" means a
sample of analyte-free media taken from the laboratory to the sampling site and
returned to the laboratory unopened. A trip blank is used to document contamination
attributable to shipping and field handling procedures per cooler per sampling
event.
(117) "Under-dispenser containment"
or "UDC" means a liquid-tight containment system underneath a
dispenser.
(118)"Underground area" means
an underground room, such as a basement, cellar, shaft or vault, providing enough
space for physical inspection of the exterior of the UST system situated on or
above the surface of the floor.
(119) "Underground utility conduit"
means a manmade underground conduit installed for utility purposes either on or
off site.
(120) "Underground storage tank"
is defined by KRS 224.60-100(1).
(121) "Upgrade" means the
addition of or retrofitting of UST system components to improve the ability of
a UST system to prevent a UST system release. Examples of upgrades include the
addition of cathodic protection, improvements to the interior lining, and
improvements of spill and overfill controls.
(122) "UST facility" or
"site" means, with respect to an owner or operator, all UST systems
which are owned or operated by an owner or operator and are located on a single
parcel of property or on a contiguous or adjacent property.
(123) "UST system", "tank
system", or "underground storage tank system" means an
underground storage tank, connected underground piping, and underground ancillary
equipment, if any.
(124) "UST system release"
means spilling, leaking, emitting, discharging, escaping, leaching, or
disposing of a regulated substance from a UST system into groundwater, surface
water, surface or subsurface soils. The term does not include spilling,
leaking, emitting, discharging, escaping, leaching, or disposing that is
permitted or authorized by Kentucky or federal law.
(125) "UST system release
detection" means a method, that complies with the requirements of 401 KAR
42:040, for determining whether a UST system release has occurred.
(126) "Unusual Operating Condition"
means a condition
observed during the normal operation of an underground storage tank system that
is reported to the cabinet pursuant to 401 KAR 42:050. Unusual operating
conditions include the erratic behavior of product dispensing equipment, the
sudden loss of product from a portion of the UST system, the unexplained presence
of water in the tank exceeding one (1) inch; failing results from a tank or
line tightness test, failing results of a corrosion protection evaluation,
unexplained failing results from a release detection method or device,
unexplained inventory discrepancies, two (2) consecutive months of inconclusive
statistical inventory reconciliation (SIR) results, unexplained equipment
failure or malfunction, unexplained presence of vapors, infiltration of liquid
into the interstitial space of a UST system, unexplained overfill or release
detection alarms, or evidence of a release of a regulated substance.
(127) "Vapor intrusion" means
the presence of volatile and semi-volatile organic compounds in residential or
commercial buildings, assessed in accordance with the Release Response and
Initial Abatement Requirements Outline, resulting from contaminated subsurface
media originating from a UST system release.
(128) "Wastewater treatment
tank" means a tank that is designed to receive and treat an influent
wastewater through physical, chemical, or biological methods. (22 Ky.R. 427; Am. 918;
eff. 11-14-95; 23 Ky.R. 986; eff. 3-12-97; 29 Ky.R. 2146; 2458; eff. 4-11-03;
32 Ky.R. 2109; 33 Ky.R. 456; 732; eff. 9-13-2006; 37 Ky.R. 2686; 38 Ky.R. 255;
510; eff. 10-6-11.)
