401 KAR 42:020. UST systems: design, construction, installation, and registration

Link to law: http://www.lrc.ky.gov/kar/401/042/020.htm
Published: 2015

      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.)
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