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

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

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

STATUTORY AUTHORITY: KRS 224.10-100, 224.60-105, 40 C.F.R. Part 280 Subpart B, 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 requirements concerning performance standards, registration, and alternatives for upgrading existing UST systems.

Section 1. Application of Federal Regulations. (1) The requirements concerning performance standards, registration, and alternatives for upgrading UST systems are governed by 40 C.F.R. Part 280, Subpart B and this administrative regulation.

(2) 40 C.F.R. 280.22(b) allows for state forms to be used in lieu of federal forms for registration of UST systems. The "UST Facility Registration Form", DEP 7112, (August 2006) shall be used in meeting the requirements of this administrative regulation, 40 C.F.R. 280 Subpart B and 401 KAR 42:200.

Section 2. New Registrations. The current owner of a UST system or UST systems shall notify the cabinet of the existence of the UST system or systems by completing the "UST Facility Registration Form", DEP 7112, (August 2006). This form shall be submitted to the cabinet no later than thirty (30) days after installation of the UST system or systems and shall be signed by the owner and operator of the UST system or systems.

Section 3. Amended Registrations. (1) The owner or operator shall submit an amended "UST Facility Registration Form", DEP 7112, (August 2006), that specifically indicates all amendments, within thirty (30) days of any change to the following items:

(a) Owner or operator of the UST system or systems;

(b) Description of the UST system or systems; or

(2) If an unregistered UST system or systems is discovered during permanent closure activities pursuant to 401 KAR 42:070, an amended "UST Facility Registration Form", DEP 7112, (August 2006), shall be submitted to the cabinet to register the newly-discovered UST system.

Section 4. Changes of Ownership. (1) If ownership of a UST system changes, the new owner shall complete and submit an amended "UST Facility Registration Form", DEP 7112, (August 2006), 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 "UST Facility Registration Form", DEP 7112, (August 2006), 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 5. Issuance of a Certificate of Registration and Reimbursement Eligibility. Upon a determination by the cabinet that the "UST Facility Registration Form", DEP 7112, (August 2006), is complete and accurate, the cabinet shall issue a "Certificate of Registration and Reimbursement Eligibility", DEP 7113, (August 2006). Upon acceptance of the completed form, the cabinet shall assign an agency interest number and shall notify the owner, in writing, of the agency interest number.

Section 6. Interior Lining Inspection. (1) The interior lining of a UST system shall be inspected ten (10) years after installation of the UST system. Follow-up inspections shall occur on five (5) year intervals.

(2) The "Interior Lining Inspection Form", DEP 8050, (August 2006) shall be completed when an inspection is conducted and submitted to the cabinet within thirty (30) days of the inspection.

Section 7. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "UST Facility Registration Form", DEP 7112 (August 2006);

(b) "Certificate of Registration and Reimbursement Eligibility", DEP 7113 (August 2006); and

(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. 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.)