401 KAR 42:011. Scope of Underground Storage Tank Program.

      RELATES TO: KRS 224.10, 224.60, 40 C.F.R. Part 280 Subpart A, Part 281, 42 U.S.C. 6991c

      STATUTORY AUTHORITY: KRS 224.10-100, 224.60-105, 40 C.F.R. Part 280 Subpart A, Part 281, 42 U.S.C. 6991c

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the Environmental and Public Protection 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 tank (UST) systems by requiring registration, minimum construction and performance standards, leak detection, recordkeeping, release reporting, corrective action, closure, financial responsibility and other standards 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. 401 KAR Chapter 42 identifies requirements for UST systems. This administrative regulation establishes the scope of the cabinet's Underground Storage Tank Program, including provisions for exclusions, deferrals, and interim prohibitions.

      Section 1. Application of Federal Regulations. The requirements for program applicability, interim prohibition requirements, and definitions for UST systems are governed by 40 C.F.R. Part 280 Subpart A and this administrative regulation.

      Section 2. Applicability, Exclusions and Deferrals. The requirements of 401 KAR Chapter 42 apply to all owners and operators of UST systems, except as provided in subsections (1) and (2) of this section. Any UST system listed in subsection (2) of this section shall meet the requirements of Section 3 of this administrative regulation.

      (1) Exclusions. The following UST systems are excluded from the requirements of 401 KAR Chapter 42:

      (a) UST systems containing wastes identified as hazardous in 401 KAR Chapter 31, and UST systems containing mixtures of hazardous waste and other regulated substances;

      (b) Wastewater treatment tank systems that are part of a wastewater treatment facility regulated under the Clean Water Act, as amended (33 U.S.C. 1251 et seq.);

      (c) Equipment and machinery containing regulated substances for operational purposes, such as hydraulic lift tanks and electrical equipment tanks;

      (d) UST systems having a capacity of 110 gallons or less;

      (e) UST systems containing a de minimis concentration of regulated substances;

      (f) Emergency spill or overflow containment UST systems that are emptied immediately after use; and

      (g) UST systems excluded from the definition of "underground storage tank" provided in KRS 224.60-100.

      (2) Deferrals. This subsection identifies UST systems that are deferred from compliance with some of the requirements of 401 KAR Chapter 42.

      (a) 401 KAR 42:040 does not apply to UST systems that store fuel solely for use by emergency power generators.

      (b) 401 KAR 42:020, 401 KAR 42:030, 401 KAR 42:040, and 401 KAR 42:050 do not apply to the following UST systems:

      1. Wastewater treatment tank systems that are not part of a wastewater treatment facility regulated under the Clean Water Act, as amended (33 U.S.C. 1251 et seq.);

      2. UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.);

      3. UST systems that are part of an emergency generator system at a nuclear power generation facility regulated by the Nuclear Regulatory Commission under Appendix A of 10 C.F.R. Part 50;

      4. Airport hydrant fuel distribution systems; and

      5. UST systems with field-constructed tanks.

      (3) Dual-purpose UST System. A UST system used for dual purposes, one (1) of which is regulated, shall meet the requirements of 401 KAR Chapter 42.

      Section 3. Interim Prohibition for Deferred UST Systems. (1) Except as provided in subsection (2) of this section, a person shall not install a UST system listed in Section 2(2) of this administrative regulation for the purpose of storing regulated substances unless the system (whether of single- or double-wall construction):

      (a) Will prevent UST system releases due to corrosion or structural failure for the operational life of the UST system;

      (b) Is cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a noncorrodible material, or designed in a manner to prevent a UST system release; and

      (c) Is constructed or lined with material that is compatible with the stored substance.

      (2)(a) A UST system without corrosion protection may be installed at a UST facility that is determined by a corrosion expert not to be corrosive enough to cause it to have a UST system release due to corrosion during its operating life.

      (b) Owners and operators shall maintain records that demonstrate compliance with paragraph (a) of this subsection for the remaining life of the tank.

      (3) The document incorporated by reference in Section 4 of this administrative regulation shall be used in meeting the requirements of subsections (1) and (2) of this section.

      Section 4. Incorporation by Reference. (1) The National Association of Corrosion Engineers Standard RP0285-2002, Item Number 21030, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection", April 2002, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Underground Storage Tank Branch, 81 C. Michael Davenport Blvd., Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

      (3) This material may also be obtained by calling the Division of Waste Management at (502) 564-5981 or on the Division's Web page located at www.waste.ky.gov. (17 Ky.R. 1635; eff. 12-19-90; Am. 315; eff. 11-14-95; 32 Ky.R. 2113; 33 Ky.R. 460; 735; eff. 9-13-2006.)