401 KAR 42:060. UST System release response and corrective action for UST systems containing petroleum or hazardous substances.
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.60, 40 C.F.R. Part 280 Subpart F, Part 281, 42 U.S.C. 6991-6991c
STATUTORY AUTHORITY: KRS 224.10-100, 224.60-105, 224.60-137, 40 C.F.R. Part 280 Subpart F, 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 response, site characterization, corrective action, and public participation.
Section 1. Application of Federal Regulations. (1) The requirements for UST system release response, site characterization, corrective action and public participation for UST systems are governed by 40 C.F.R. Part 280 Subpart F and this administrative regulation.
(2) The documents incorporated by reference in Section 4 of this administrative regulation shall be used in meeting the requirements of subsection (1) of this section.
Section 2. Extensions. The owner or operator of a UST system may request an extension of the time frame 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.
Section 3. No Further Action Letter. (1) If a UST facility has met all requirements in 401 KAR Chapter 42, the cabinet shall issue a no further action letter for the UST facility.
(2) Any unpaid registration fees due in accordance with 401 KAR 42:200, shall be paid in-full prior to the cabinet issuing a no further action letter to any UST facility.
Section 4.. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "Site Check Outline", (August 2006);
(b) "Site Investigation Outline", (August 2006);
(c) "Corrective Action Plan Outline", (August 2006);
(d) "UST System Release Response and Initial Abatement Requirements Outline", (August 2006); and
(e) "Site Investigation Checklist Form", DEP 8049, (August 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. 1643; eff. 12-19-90; Am. 22 Ky.R. 323; 921; eff. 11-14-95; 32 Ky.R. 2121; 33 Ky.R. 465; 739; eff. 9-13-2006.)