401 KAR 42:030. General operating requirements.

401 KAR 42:030. General operating requirements.

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

STATUTORY AUTHORITY: KRS 224.10-100, 224.60-105, 40 C.F.R. Part 280 Subpart C, 40 C.F.R. 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 which provide for the prevention, abatement, and control of contaminants which 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, reporting UST system releases, corrective actions, 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 which implements federal requirements for underground storage tanks and to promulgate administrative regulations for underground storage tanks which shall be submitted for approval to the United States Environmental Protection Agency pursuant to federal regulations. 401 KAR Chapter 42 identifies requirements for underground storage tanks. This administrative regulation establishes requirements for spill and overfill control, operation and maintenance of corrosion protection, compatibility, repairs, and reporting and recordkeeping.

Section 1. Application of Federal Regulations. (1) The requirements for spill and overflow control, operation and maintenance of corrosion protection, compatibility, repairs, reporting and recordkeeping for underground storage tanks are governed by 40 C.F.R. Part 280, Subpart C and this administrative regulation.

(2) The forms incorporated by reference in Section 4 of this administrative regulation shall be submitted to the cabinet within thirty (30) days of completion of cathodic protection system testing to document the results of the tests which are required by subsection (1) of this section.

Section 2. Cathodic Protection System Evaluation. To test cathodic protection systems in the Commonwealth of Kentucky, a person shall:

(1) Meet the definition of "Cathodic protection tester" as defined by 401 KAR 42:005;

(2) At a minimum, be certified as a "Cathodic protection tester" by NACE International; or

(3) Have completed corrosion protection tester training, which includes the following:

(a) Basics of corrosion;

(b) Underground corrosion;

(d) Assessing physical conditions for corrosion potential;

(e) Review of EPA’s regulatory requirements for corrosion protection;

(f) Hands on field experience in the testing of both impressed current and sacrificial anode systems, which includes:

1. Using reference cells;

2. Taking remote readings;

3. How to read and understand a rectifier;

4. How to use a test station;

5. Taking measurements/ -850 criterion; and

6. Typical and nontypical problems; and

(g) Review of standards and recommended practices from corrosion protection materials including, NACE, API, NFPA and ASTM.

Section 3. Actions Required as a Result of the Cathodic Protection System Evaluation. (1) If the cathodic protection is adequate, the cathodic protection system shall be retested within three (3) years of the date of testing.

(2) If the cathodic protection system fails the evaluation, but the Cathodic protection tester determines the failure may be attributable to adverse testing conditions and determines the system is otherwise in good working condition, then a retest may be performed within ninety (90) days of the failing evaluation. Action to repair or modify the cathodic protection system shall not be required during the ninety (90) day retesting period. If the retest conducted within the ninety (90) day retesting period indicates a system failure, then repairs or modifications shall be completed as soon as practicable, but no more than ninety (90) days after the expiration of the ninety (90) day retesting period.

(3) If the cathodic protection system fails the evaluation, and it does not qualify for the ninety (90) day retesting period in subsection (2) of this section, then repairs or modifications shall be completed as soon as practicable, but no more than ninety (90) days after the performance of the evaluation.

(4) A cathodic protection system evaluation shall be required within 180 days after the installation, repair, or modification of a cathodic protection system.

Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Galvanic (Sacrificial Anode) Cathodic Protection System Evaluation", DEP 8052, (January 2006);

(b) "Impressed Current Cathodic Protection System Evaluation", DEP 8053, (January 2006);

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Underground Storage Tank Branch, 81 C. Michael Davenport Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., excluding state holidays and may also be obtained on the Division of Waste Management’s web page located at www.waste.ky.gov. (17 Ky.R. 1638; eff. 12-19-90; 32 Ky.R. 2117; 33 Ky.R. 737; eff. 9-13-2006.)