401 KAR 42:040. UST system release detection.

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

      STATUTORY AUTHORITY: KRS 224.10-100, 224.60-105, 40 C.F.R. Part 280 Subpart D, 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 requirements for UST system release detection and recordkeeping.

      Section 1. Application of Federal Regulations. (1) The requirements for UST system release detection and recordkeeping for UST systems are governed by 40 C.F.R. Part 280 Subpart D and this administrative regulation.

      (2) The documents incorporated by reference in Section 3 of this administrative regulation shall be used in meeting the requirements of subsection (1) of this section.

      (3) The results of the following tests required by 40 C.F.R. Part 280 Subpart D shall be submitted to the cabinet within thirty (30) days of the test completion:

      (a) Annual Line Tightness Test for Pressurized Piping;

      (b) Annual Operational Line Leak Detector Test;

      (c) Five (5) year Tank Tightness Test; and

      (d) Tri-annual Line Tightness Test for American Suction Piping.

      Section 2. Extensions. The owner or operator of a UST system may request extension of a time frame for any report required by this administrative regulation. The extension request shall be submitted in writing and received by the Underground Storage Tank Branch of the Division of Waste Management prior to the deadline. The cabinet may grant extensions, if the cabinet determines that an extension would not have a detrimental impact on human health or the environment.

      Section 3. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Site Assessment Outline for External UST System Release Detection Methods (Groundwater, Vapor, and Interstitial Monitoring)" (August 2006); and

      (b) "External UST System Release Detection Well Form", DEP Form 8051 (January 2006).

      (2) This material may be inspected, copied, or obtained, subject to 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. 1640; eff. 12-19-90; Am. 22 Ky.R. 321; 921; eff. 11-14-95; 32 Ky.R. 2118; 33 Ky.R. 463; 738; eff. 9-13-2006.)