401 KAR 42:050. UST system release reporting, investigation, and confirmation.

      RELATES TO: KRS 224.10, 224.60, 40 C.F.R. Part 280   Subpart E, 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 E, 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, closures, 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 the requirements for reporting of suspected UST system releases, and investigation of off-site impacts.

      Section 1. Application of Federal Regulations. The requirements for reporting of suspected UST system releases and investigation of off-site impacts for underground storage tank systems are governed by 40 C.F.R. Part 280 Subpart E and this administrative regulation.

      Section 2. Suspected UST System Release Reporting. A suspected UST system release shall be reported immediately to the Environmental Response Team at (800) 928-2380 or (502) 564-2380.

      Section 3. Extensions. With the exception of the reporting requirements in Section 2 of this administrative regulation, the owner or operator of a UST system may request an extension of the timeframe for reports 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. (17 Ky.R. 1641; eff. 12-19-90; 32 Ky.R. 2120; 33 Ky.R. 739; eff. 9-13-2006.)