401 KAR 42:080. Classification of UST systems containing petroleum and listing of associated cleanup levels.

      RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.46, 224.60, 40 C.F.R. Part 280 Subparts F, G, 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 Subparts F, G, Part 281, 42 U.S.C. 6991c

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.60-105 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations on underground storage tank (UST) systems to protect public health and the environment. The statute recognizes that the administrative regulations may distinguish between types, classes, and ages of UST systems. KRS 224.60-137 requires the cabinet to adopt standards for corrective action for a UST system release of petroleum into the environment. 401 KAR Chapter 42 identifies requirements for UST systems containing petroleum. This administrative regulation establishes site classification and corrective action standards for UST systems containing petroleum.

      Section 1. Scope and Applicability. (1) An owner or operator who either submits a notice of intent to permanently close a UST system containing petroleum or reports a confirmed UST system release of petroleum to the cabinet after the effective date of this administrative regulation, shall, when the UST system is permanently closed or when otherwise directed by the cabinet in order to appropriately classify the UST system, submit a Classification Guide, DEP 8056, (January 2006). The Classification Outline, (August 2006) shall be used in completing the Classification Guide, DEP 8056, (January 2006), for determining the classification of a site. The Classification Outline, (August 2006), also sets forth the applicable cleanup levels for petroleum constituents for each classification that shall be complied with by the owner or operator in completing corrective action.

      (2) The owners and operators of a UST system containing petroleum who have, prior to the effective date of this administrative regulation, either submitted a notice of intent to permanently close the UST system, or reported a confirmed UST system release of petroleum to the cabinet, shall comply with the classification requirements and cleanup levels for all constituents, with the exception of lead in soils, that were in existence when the notice of intent to permanently close UST system was received by the cabinet or the confirmed release was reported to the cabinet.

      (3) The cleanup level for lead in soils, contained in the Classification Outline, shall apply to all UST system releases containing waste oil occurring prior to the effective date of this administrative regulation.

      Section 2. Affected Property Owner Consent. If an affected off-site property owner consents, the allowable residual soil levels applicable on-site may be utilized in addressing contamination within the property boundaries of that consenting off-site property owner. The consent shall be submitted to the cabinet on the "Affected Property Owner Consent Form", DEP 8057, (January 2006), and shall be accompanied by a site map identifying the location and address of the affected property in relation to the site.

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

      (a) Classification Outline", (August 2006);

      (b) "Classification Guide", DEP 8056, (January 2006);

      (c) "Affected Property Owner Consent Form", DEP 8057, (January 2006); and

      (d) "Kentucky Guidance for Ambient Background Assessment", (January 2004).

      (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. (22 Ky.R. 331; Am. 924; eff. 11-14-95; 32 Ky.R. 2125; 33 Ky.R. 469; 742; eff. 9-13-2006.)