401 KAR 42:020. UST systems: design, construction, installation,
and registration.
RELATES TO: KRS 224.01, 224.10, 224.60,
Chapter 322, Chapter 322A, 40 C.F.R. Part 280 Subpart B 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 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 requirements concerning performance
standards, registration, designated
compliance managers and UST facility employees, and alternatives for upgrading existing
UST systems.
Section 1. Registrations. (1)(a) The owner shall
submit, to the cabinet, a UST Facility Registration Form, DEP 7112 for each UST
facility within thirty (30) days of bringing a UST system into operation.
(b) The form shall be signed by the owner
and operator of the UST system.
(c) The form shall be notarized.
(2)(a) Except as established in Section 2
of this administrative regulation, the owner shall submit to the cabinet an
amended UST Facility Registration Form, DEP 7112 within thirty (30) days of any
change to information contained within the most recently submitted UST Facility
Registration Form.
(b) The form shall be signed by the owner
and operator of the UST system.
(c) The form shall be notarized.
(3) An amended UST Facility Registration
Form, DEP 7112 shall be submitted for a UST system being placed into temporary
closure for more than six (6) months.
(4) An unregistered UST system discovered
during permanent closure activities conducted in accordance with 401 KAR 42:070
shall be listed on the Closure Assessment Report incorporated by reference in
401 KAR 42:070.
(5) With the exception of unregistered
UST systems discovered during permanent closure activities in accordance with
subsection (1) of this section.
Section 2. Change of Address for UST
Owner. An owner shall notify the cabinet within thirty (30) days of an address
change by one (1) of the following:
(1) Submittal of an amended UST Facility
Registration Form, DEP 7112; or
(2) Submittal of an Address Change Form
for Owners of UST Systems, DEP 0060.
Section 3. Changes of Ownership. (1) If ownership
of a UST system changes, the new owner shall complete and submit an amended,
signed, and notarized UST Facility Registration Form, DEP 7112, to indicate the
new ownership. The form shall include the previously-assigned agency interest
number and shall be submitted to the cabinet within thirty (30) days after the
transaction.
(2) If an owner sells a UST system, the
seller shall:
(a) Advise the new owner of the
obligation to submit an amended, signed, and notarized UST Facility
Registration Form, DEP 7112, to the cabinet that indicates the change in ownership;
and
(b) Submit to the cabinet, within thirty
(30) days after the transaction, a copy of the properly executed deed or other mutually
executed legal document supporting the sale of the UST system, along with a
letter indicating the UST facility name as registered with the cabinet, the UST
facility location, and the agency interest number.
Section 4. Issuance of a Certificate of
Registration and Reimbursement Eligibility. Upon a determination by the cabinet
that the UST Facility Registration Form, DEP 7112, is complete and accurate,
the cabinet shall issue a Certificate of Registration and Reimbursement
Eligibility, DEP 7113.
Section 5. Notification Requirements.
Requirements for notification shall be as established in 40 C.F.R. 280.22.
Section 6. Notice and Verification of
Installation of Underground Storage Tank and Piping. (1)(a) Owners shall submit
the Notice of Intent to Install Underground Storage Tank or Piping, DEP 8044,
to the appropriate Division of Waste Management Regional Office at least
fourteen (14) days prior to installation of an underground storage tank or an
entire piping run to afford the division representative the opportunity to be
present during installation.
(b) If a division representative fails to
be present on the date scheduled for installation, the installation may
proceed.
(2) After April 1, 2012, owners and
operators shall submit a Verification and Compatibility Form, DEP 7115, to the
cabinet within thirty (30) days after bringing a UST system, tank, or entire
piping run into operation.
Section 7. Operational Training Requirements. (1) An
owner of a UST system registered, but not permanently closed, with the USTB
prior to June 8, 2012 shall designate at least one (1) individual, who shall be
trained in accordance with subsections (5) and (6) of this section by August 8,
2012, as the primary designated compliance manager (DCM) for the registered UST
system.
(2) An owner of a
UST system registered, but not permanently closed, on or after June 8, 2012
shall designate at least one (1) individual who shall be trained in accordance
with subsections (5) and (6) of this section within sixty (60) days of
registration, as the primary designated compliance manager (DCM) for the
registered UST system.
(3) If the primary DCM no longer holds
DCM status, the owner shall, within thirty (30) days, designate another
individual as primary DCM who shall obtain training in accordance with
subsections (5) and (6) of this section within thirty (30) days of designation.
An owner:
(4)(a) Shall designate a primary DCM who
may receive compliance related correspondence from the Underground Storage Tank
Branch. An owner:
1. May designate themselves as the primary
DCM; or
2. May designate another individual as
the primary DCM; and
(b) May designate multiple individuals as
an associate DCM for a UST system.
(5) Except as provided in this
subsection, operational training, in accordance with this administrative
regulation, shall be accomplished through use of the cabinet training system.
Individuals unable to use or access the cabinet training system shall contact
the Underground Storage Tank Branch for alternate designation and operational
training procedures.
(6) Through completion of operational
training in accordance with subsection (5) of this section, a DCM shall
demonstrate an in-depth understanding of:
(a) UST system operation, maintenance,
inspection, and testing requirements including, at a minimum: UST system spill
prevention, overfill prevention, release detection, secondary containment, corrosion
protection, product compatibility, and notification requirements as applicable
to the current configuration of the UST system in accordance with this
administrative regulation and 401 KAR 42:030, and 42:040;
(b) UST system recordkeeping requirements
in accordance with 401 KAR 42:030 and 42:040;
(c) UST system release reporting, release response, temporary closure,
permanent closure, initial abatement, and financial responsibility requirements
in accordance with 401 KAR
42:050, 42:060, 42:070, and 42:090;
(d) All relevant equipment and its
compliance with performance standards in accordance with 401 KAR 42:030 and
42:040;
(e) Requirements for delivery prohibition
in accordance with 401 KAR 42:045; and
(f) UST facility employee training requirements
in accordance with Section 8 of this administrative regulation.
(7) The owner shall ensure that the
primary DCM successfully repeat the training annually, within twelve (12)
months of the most recent training date.
Section 8. UST Facility Employee Training
Requirements. (1) The owner or operator shall ensure that all employees
associated with the operation of the UST system receive training, by August 8,
2012 and every twelve (12) months thereafter, in the following areas:
(a) Response to an equipment alarms;
(b) Fire extinguisher operation;
(c) Spill and overfill response;
(d) Threat to the public or to the
environment caused by spills or releases;
(e) Emergency shut-off procedures; and
(f) Contact telephone numbers in response
to emergencies caused by a release or a threatened release from a UST system.
(2) The owner or operator shall maintain
a list of all employees trained in accordance with this administrative
regulation. The owner or operator shall maintain written records of all training
documentation supplied to UST facility employees and shall make those records
available to the cabinet upon request.
Section 9. Performance Standards for New
UST Systems. (1) Performance standards for new UST systems shall be as established
in 40 C.F.R. 280.20; and
(2) In addition to the performance
standards in subsection (1) of this section, UST systems installed after April
1, 2012 shall meet the performance standards of Section 11 of this administrative
regulation.
Section 10. Upgrading of existing UST
systems. Upgrading requirements for existing UST systems shall be as established
in 40 C.F.R. 280.21.
Section 11. Double-Walled Tanks and
Piping. (1) All UST systems installed, or UST systems changing from storage of
a non-regulated substance to storage of a regulated substance, on or after April 1, 2012 shall be designed
and manufactured with double-walled construction and shall meet the
requirements in the UST System
Installation and Maintenance Outline, including continuous electronic
interstitial monitoring.
(2) All existing single-walled piping
shall be permanently closed in accordance with 401 KAR 42:070 if an associated
UST is permanently closed.
(3) Owners and operators shall install
double-walled piping in accordance with the UST System Installation and
Maintenance Outline if 100
percent of a piping run, extending from the tank to the farthest dispenser or
other end-use equipment, excluding connectors, is replaced.
(4) Newly installed piping that is
associated with a newly installed UST system dispenser, located in an area
where a UST system dispenser did not previously exist, shall be designed and
manufactured with double-walled construction and shall meet the requirements in
the UST System Installation and Maintenance Outline.
(5) An existing tank may be removed and
reinstalled if:
(a) The tank meets the requirements of
the UST System Installation and Maintenance Outline;
(b) The tank is inspected and tested by
the equipment’s manufacturer prior to being reinstalled; and
(c) The owner or operator provides a
written certification from the manufacturer that the tank is suitable for
reinstallation.
Section 12. Under-Dispenser Containment
(UDC) and Sumps. (1) Beginning April 1, 2012, all newly installed UST system dispensers,
located in an area where a UST system dispenser did not previously exist, shall
have liquid-tight UDC installed in accordance with this administrative
regulation and the UST System Installation and Maintenance Outline.
(2) If equipment below the shear valve
used to connect an existing UST system dispenser to the piping is replaced on
or after April 1, 2012, liquid-tight UDC shall be installed in accordance with
this administrative regulation and the UST System Installation and Maintenance
Outline.
(3) All sumps containing product piping,
installed in conjunction with a UST system installed on or after April 1, 2012
shall meet the liquid-tight containment requirements in the UST System
Installation and Maintenance Outline.
(4) If replaced, a sump installed in accordance
with subsection (3) of this section shall meet the liquid-tight containment requirements
in the UST System Installation and Maintenance Outline.
(5) Owners or operators shall maintain
written records of all installations of sumps and UDC, installed after April 1,
2012, for the operating life of the sump or UDC. These records shall be made
available to the cabinet upon request.
(6) If a sump sensor monitoring device
detects the presence of a liquid, the owner or operator shall ensure that the
sump is immediately inspected.
(a)1. If free product is discovered
within a sump, a suspected release shall be reported in accordance with 401 KAR
42:050; and
2. Free product shall be recovered and
disposed of properly in accordance with KRS Chapter 224;
(b) If liquid, other than free product,
is discovered within a sump, the sump shall be further inspected to determine
the source of liquid infiltration and repaired as necessary.
Section 13. Emergency Shutoff Valves. (1)
All pressurized piping systems that connect tanks to UST system dispensers
shall be installed with emergency shutoff valves for each supply line at the
base of each UST system dispenser.
(2) The emergency shutoff valves shall be
rigidly anchored to the UST system dispenser island or another appropriate
anchoring point in a manner that allows the emergency shutoff valve to close
automatically in the event of severe impact to a UST system dispenser.
(3) An emergency shutoff valve found to
be defective, inoperable, leaking, not functioning as designed by the
manufacturer, or not rigidly anchored shall be immediately repaired or replaced
by the owner or operator.
Section 14. Nonmetallic Piping. (1) All
new or replaced underground nonmetallic piping installed after April 1, 2012
shall meet or exceed the Standard for Safety established by Underwriters
Laboratories Inc. in Standard for Nonmetallic Underground Piping for Flammable
Liquids - UL 971.
(2) The owner or operator shall repair
non-metallic piping in accordance with 401 KAR 42:030 or permanently close non-metallic piping in accordance with
401 KAR 42:070 if the piping exhibits any of the conditions identified in
UST Systems: Inspecting and Maintaining Sumps and Spill Buckets, EPA
510-R-05-001.
Section 15. 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 may grant an extension,
if an extension would not have a detrimental impact on human health or the
environment.
Section 16. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "UST Facility Registration
Form", DEP 7112, September 2011;
(b) "Address Change Form for Owners of UST
Systems", DEP 0060, April 2011;
(c) "Certificate of Registration and
Reimbursement Eligibility", DEP 7113, April 2011; and
(d) "UST System Installation and
Maintenance Outline", July 2011;
(e) "Notice of Intent to Install
Underground Storage Tank or Piping", DEP 8044, September 2011;
(f) "Installation Verification and
Compatibility Form", DEP 7115, September 2011;
(g) "Standards for Nonmetallic
Underground Piping for Flammable Liquids", July 1, 2005, Underwriters
Laboratories Inc. UL-971; and
(h) "UST Systems: Inspecting and
Maintaining Sumps and Spill Buckets", EPA 510-R-05-001, May 2005.
(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 may also be obtained at the
Division of Waste Management's Web site at http://waste.ky.gov/ust.
(17 Ky.R.
1637; Am. 1994; eff. 12-19-90; 22 Ky.R. 318; 920; eff. 11-14-95; 32 Ky.R. 2113;
33 Ky.R. 461; 736; eff. 9-13-2006; 37 Ky.R. 2693; 514; eff. 10-6-11.)
