Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 42 - Underground Storage Tanks › Section 401 KAR 42:020 - UST system requirements, notification, registration, and annual fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.60, 10 C.F.R. Part 50, 40
				C.F.R. Part 280, Subparts A, B, C, D, G, H, I, J, K, Part 281, Subpart D,
				42 U.S.C.
				2011 -
				2021,
				2022
				-
				2286i,
				2296a -
				2297h-13,
				6991 -
				6991m
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the 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 tanks (USTs) by requiring registration, minimum
				construction and performance standards, leak detection, recordkeeping, release
				reporting, corrective action, 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 that implements federal requirements
				for UST systems.
				KRS
				224.60-150 requires the cabinet to levy and
				collect an annual fee of thirty (30) dollars per tank from owners or operators
				of USTs for the purpose of funding the administration of the UST Program.
				KRS
				224.10-100(28) authorizes
				the cabinet to promulgate administrative regulations not inconsistent with the
				provisions of law administered by the cabinet. This administrative regulation
				establishes the scope of the UST program, including provisions for exclusions,
				requirements concerning registration, annual fees, performance standards,
				operation and maintenance of UST systems, delivery prohibition, operator
				training, and requirements for demonstrating financial responsibility for
				corrective action, compensation of third parties for bodily injury and property
				damage, and lender liability.
Section
			 1. Applicability and Exclusions.
(1) Except as established in subsection (3)
			 of this section, applicability and exclusions shall be as established in
			 40
			 C.F.R. 280.10,
			 280.11,
			 and this administrative regulation.
(2) Requirements for previously federally
			 deferred field-constructed tanks and airport hydrant fuel distribution systems
			 shall be as established in
			 40
			 C.F.R. 280.250 through
			 280.252,
			 and this administrative regulation.
(3) In addition to the exclusions established
			 in subsection (1) of this section, the following shall be excluded from the
			 requirements of 401 KAR Chapter 42:
(a) A UST
			 system containing wastes established as hazardous in 401 KAR Chapter 39 and UST
			 systems containing mixtures of hazardous waste and other regulated
			 substances;
(b) Exclusions listed
			 in
			 KRS
			 224.60-100(1)(a) through
			 (i); and
(c) A UST system used in the operation of
			 heating equipment, boilers, and furnaces, but with a secondary usage as part of
			 an emergency generator system, if:
1. UST
			 system contents are consumed on the premises where stored; and
2. The UST system stores fuel oil number 1,
			 2, 4, 5, 6, or residual fuel oil.