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To report a release or suspectedrelease call the EnvironmentalResponse Branch.1-800-928-2380
Commonwealth of KentuckySteven L. Beshear, Governor
Energy and Environment CabinetLeonard K. Peters, Secretary
Department forEnvironmental ProtectionR. Bruce Scott, Commissioner
Division of Waste ManagementAnthony R. Hatton, Director
Underground StorageTank BranchEdward J. Winner, Manager
USTQ U A R T E R L Y USTBUSTB
I n si de t h i s i ssu e:
List of USTFacilities with USTsIneligible forDelivery or Deposit
2
UST Q&A 2Cleanup Update:UST FacilityReclassification,Ranking andDirectives
3
Online ServicesAvailable
3
Proposal to ReviseFederal USTRegulations
4
New Regulations,Brighter Future
1
Kentucky OperatorTraining
3
This newsletter is publishedby the Underground Storage
Tank Branch with state funds andprinted on recycled/recyclablepaper when printed.
For more information, comments orstory suggestions, please contactVirginia Lewis. She can be reachedat [email protected] or502-564-5981, ext. 4024.
Visit our website today at http:/ / waste.ky.gov/ ust.
The Newsletter of the Kentucky Underground Storage Tank ProgramV o l u m e 3 , I s s u e 4
2 0 1 2
New Regulations, Brighter FutureBy Edward J. Winner
When I was a child, my father worked forSinclair. I had dinosaur pajamas, dinosaursoap, and dinosaur toys. While dinosaursfascinated me as a child, a book that pre-sented the history of Sinclair captivated me.Filled with pictures of oil fields, refineries,gas stations, and, of course, dinosaurs,each page celebrated the power of gasolineand its offspring, the automobile. I look backon these memories with fondness; but nos-talgia is a poor basis for building a future.The adman’s vision of winged convertiblesfilled with happy families gave way to the1973 oil crisis and, more to our present in-terest, the budding understanding that Dino(the dinosaur) was not solely confined to thegas tank.
I am confident that the new regulationswill allow us to redouble our progress inapplying mature, science based thinking tothe remediation of underground storagetank (UST) properties. The end goal, for allof us, must be to appropriately close a siteand get the property back into productiveuse while protecting human health and theenvironment.
Regardless of the changes Kentuckymakes in its regulations, we will accomplishvery little without the cooperation of thecontractors. To this end, we are investigat-ing ways in which we can allow contractorsmore latitude than has traditionally beenallowed in previous years. I believe in allow-ing geologists and engineers to use thejudgment their training and experiences
henI was achild,myfatherworkedforSinclair ...”
support. We cannot, however, approachthis blindly. Procedures will first be pilottested on select sites.
Regulators and contractors are notalone in dealing with the aftermath ofleaking USTs. Some tank owners andproperty owners may feel sidelined andpowerless in the process and simply wantto know when the cleanup will be com-plete. Owners need to inform themselvesconcerning the cleanup process and toinsist on timely and efficacious actionfrom the contractor they select.
The UST Branch is not only interestedin cleanup activities but also in preven-tion. Kentucky’s adoption of the EnergyPolicy Act of 2005 provisions recognizesthat prevention is the key to a better envi-ronment. Double wall tanks and piping,interstitial monitoring and operator train-ing are some of the Energy Act provisionsthat are intended to help prevent futurereleases. Preventing releases, now, that’sthe key to a brighter future.
Edward J. Winner,Ph.D., became thenew manager ofthe Kentucky Un-derground StorageTank Branch onNov. 16, 2011.
“W
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USTQ U A R T E R L Y USTBUSTB
Visit our website today at http:/ / waste.ky.gov/ ust.
Now AvailableList of UST Facilities with USTs Ineligible for Delivery or Deposit
Drivers and other individuals involved in deliveries can nowuse this new online list to determine which Kentucky USTfacilities have one or more USTs ineligible for delivery ordeposit of regulated substances. In most cases, the regulatedsubstance will be fuel.
The online list is updated every five minutes with the mostcurrent information from the Department for EnvironmentalProtection’s database, TEMPO.
Two different Department for Environmental Protectionagencies can add UST facilities to and remove UST facilitiesfrom the list. Each agency uses very different criteria.
The Energy and Environment Cabinet does not discriminate on the basis of race, color, national origin, sex, age, sexual orientation, gender identity, religion, disability,ancestry or veteran’s status and provides, on request, reasonable accommodations including auxiliary aids and services necessary to afford an individual with a disabilityan equal opportunity to participate in all services, programs and activities. To request materials in an alternative format, contact the Underground Storage Tank Branch,200 Fair Oaks Lane, 2nd Floor, Frankfort, KY 40601 or call 502-564-5981, ext. 4024. Persons with hearing and speech impairments can contact the agency by using theKentucky Relay Service, a toll-free telecommunication device for the deaf (TDD). For voice to TDD, call 800-648-6057. For TDD to voice, call 800-648-6056.
A “red tag”on a fuel
port marksa UST
systemthat is
ineligiblefor deliveryor depositof a regu-lated sub-
stance.Division of Waste ManagementUSTs may be ineligible for delivery or deposit due to re-
quired equipment not being installed, operational, or main-tained. USTs may also be ineligible if required release detectionis not performed or if a defective UST system component hascaused a release of a regulated substance into the environmentor into the interstitial space of the UST system. In these cases,the decision to declare a UST system ineligible for delivery ordeposit is made by the Division of Waste Management in accor-dance with 401 KAR 42:045.
Delivery prohibition is invoked for the UST system(s) uponthe issuance of the second Notice of Violation by the cabinet. Ifthe Division of Waste Management is the listed as the “KY DEPContact” on the list, contact Stephen Kent [email protected] or 502-564-5981, ext. 4776 for more in-formation.
Environmental Response BranchUSTs may be ineligible for delivery or deposit due to an envi-ronmental emergency. In these cases, the decision to declare aUST system ineligible for delivery or deposit is made by theEnvironmental Response Branch in accordance with 401 KAR42:050.
During the course of an environmental emergency declaredby the Environmental Response Branch, the cabinet may pre-vent delivery, deposit, or storage of regulated substances andwill require all actions necessary to protect human health andthe environment. If the Environmental Response Branch islisted as the “KY DEP Contact” on the list, contact Robert Fran-cis at [email protected] or 502-564-2150, ext. 3381 formore information.
To date, 13 UST facilities have been placed on the list.
The List of UST Facilities with USTs Ineligible for Delivery or Deposit and accompanying information may be accessed onthe UST Branch website at http://waste.ky.gov/ust/dp.
USTQ U A R T E R L YQ & A
QuestionThis question came from Mark Rust of Chase Environmental Group Inc. Mark asked, “When is a newtank system considered installed? Is it when the permit is approved? Is it when the tanks are set andbackfilled/tested by the fire marshal? Other?”
Answer“Installed means when the UST system, that is, tanks, pipes, and ancillaries, is in the excavated pit,backfilled, and surface graded. The completion of the underground components is empha-sized. Installed for the system is not related to the dispensers, islands, paving the lot, etc. Installationis independent of the system being tested by the fire marshal,” said Edward Winner, UST BranchManager.
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USTQ U A R T E R L Y USTBUSTB
Visit our website today at http:/ / waste.ky.gov/ ust.
Submit the following operationalcompliance tests electronically:Cathodic Protection SurveysLine Tightness TestsTank Tightness TestsInternal Lining TestsLine Leak Detector Tests
Operational Compliance Electronic Submittal Option
Facility classification guides, reports, deficiencyresponses, etc., that would normally go to the
UST Closure, Additional Evaluation and Correc-tive Action Sections are now being accepted
through this new online application.
Site Assessment and Remediation Electronic Submittal Option
Online Services AvailableIn an effort to make doing business with the Commonwealth easier and greener, the UST
Branch offers the following online services. For more details and to get started, go to the USTBranch website at http://waste.ky.gov/ust and just follow the electronic submittal links.
Pay Annual Tank FeesPay annual tank fees online. These fees areassessed and notices are sent on July 1 of everyyear.
Within the new Kentucky UST regulations, the ClassificationOutline and the ranking system were revised. As a result, it isnecessary for all UST facilities to be reclassified according to thenew regulations, with the exception of those UST facilities thatsubmitted a Notice of Intent or reported a release prior to April 18,1994. Furthermore, a UST facility cannot be re-ranked until it isreclassified.
Reclassification and, consequently, the new rank determinewhen a reimbursable directive can be issued to a UST facility. Inmost cases, without the reclassification information and new rank,a reimbursable directive cannot be issued.
Clearly, it is important that the reclassification information besubmitted as soon as possible so directives can be issued and thecleanup process can continue.
Responses to these requests (i.e., Facility ClassificationGuides and supporting documentation) may be submitted online.See the Online Services Article on this page for more information.
Although a small number of directives are going out presently, it is anticipated that UST staffmay be able to start sending out significant numbers of directives in March, depending on howmany responses to reclassification letters are received. The rate at which directives are released isconstrained by available funds, the ability of UST staff to manage the workload, and the rate atwhich non-directed activities draw funds, that is, emergencies and state lead sites.
Cleanup Update UST Facility Reclassification, Ranking and Directives
Let us know if there issomething you would like tosee in the UST Quarterly.
Send your ideas,suggestions and photos to
Virginia [email protected]
502-564-5981, ext. 4024
Responses are needed.Since Oct. 6, 2011, thedate the new regulationswent into effect, the USTBranch has issued 1,085letters to UST ownersand operators request-ing reclassificationinformation. As of mid-March, only 44% (477) ofthe responses havebeen received.
The UST Branch will beoffering free operator train-
ing courses that will beavailable online in the nearfuture. Per the federal law(2005 Energy Policy Act),states must ensure USToperators are trained ac-cording to state-specifictraining requirements byAug. 8, 2012. For more
information please visit theUST Branch website orcontact the UST BranchCompliance Section at
502-564-5981.
Bright Ideas?Tell us whatyou think.
KentuckyOperatorTraining
Remember , youdon’t have to pay.
Underground Storage Tank Branch200 Fair Oaks LaneFrankfort, KY 40601
USTBUSTB
Importantprograminformationis enclosed!
Visit our website today at http:/ / waste.ky.gov/ ust.
Proposal to Revise Federal UST RegulationsPublic Comment Period Extended
The Environmental Protection Agency(EPA) is proposing revisions tostrengthen the 1988 federal undergroundstorage tank (UST) regulations by in-creasing emphasis on properly operatingand maintaining UST equipment. Therevisions are intended to help improveprevention and detection of UST re-leases, which are among the leadingsources of groundwater contamination.This is the first time the EPA has pro-posed significant revisions to the federalUST regulations since they were firstpromulgated in 1988.
A Nov. 18, 2011 Federal Registernotice was published by the EPA, whichcontained the proposed regulations andestablished a 90 day public commentperiod. Given the issues identified in themeantime and to ensure the opportunityfor “robust” public involvement, the EPA
decided to provide an additional 60 days,extending the public comment period toApril 16, 2012.
According to the EPA, several organi-zations requested an extension to thepublic comment period. Many of theserequests focused on previously deferredtanks, including wastewater treatmenttanks and airport hydrant systems atcommercial airports, and the need tounderstand the potential impacts of theproposal on these systems.
Stakeholders also requested addi-tional time to review the PetroleumEquipment Institute’s (PEI) proposedstandard RP1200, entitled Recom-mended Practices for the Testing andVerification of Spill, Overfill, Leak Detec-tion and Secondary Containment Equip-ment at UST Facilities.
Fast FactsThe EPA is proposing revisions tothe 1988 federal UST regulations.
The public can submit comments onor before April 16, 2012.
For directions on how to submitcomments and additional informa-
tion, go to the EPA website atwww.epa.gov/oust/.
EPA ContactElizabeth McDermott
