Supervisors:

Additional Evaluation I - Amy Siewert, 502-564-5981, ext. 263

Additional Evaluation II - Tuss Taylor, 502-564-5981, ext. 252

1) To oversee the permanent closure activities performed for removal and closure-in-place of regulated underground storage tank (UST) systems. 

2) To provide regulatory expertise to professionals performing site investigation activities by directing soil borings to define the horizontal and vertical extent of the soil contamination plume as well as directing monitoring well/assessment well placement to define the groundwater contamination plume.

Both AE sections are responsible for:

• Reviewing activities associated with emergency and initial abatement. 
• Site checks.
• Closure of regulated UST system(s).
• Site investigation and additional evaluation directives.

In response to a confirmed release from UST system(s), UST owners/operators of petroleum or nonpetroleum-regulated UST system(s) must follow the procedures elucidated in the UST System Release Response and Initial Abatement Requirements Outline (August 2006) pursuant to 401 KAR 42:060. This outline is provided to assist owners/operators and contractors/consultants in complying with the release response requirements for UST system(s).  It also provides the minimum release response and initial abatement requirements for responding to a confirmed release. Some sites have unique features and may require additional information. 

The initial abatement report, including the initial abatement checklist, shall be completed and signed by the owner or operator, or a contractor/consultant for the owner/operator.  Within 20 days after confirmation of a release of a regulated substance from a UST system, the initial abatement report shall be submitted to the UST Branch. 

Pursuant to 401 KAR 42:050 and 401 KAR 42:060, owners/operators shall perform a site check (SC) if a release occurs, is suspected to have occurred, or as directed by the cabinet that will determine the presence of contamination where it is most likely to have occurred at a UST system facility. 

The Site Check Outline (August 2006) provides the minimum requirements for a SC report. Some sites have unique features and may require additional information. 

The completed SC report has to be submitted to the UST Branch within 30 days from the date of the suspected release, or as requested by the cabinet. The report should include the SC checklist and document the presence or absence of contamination. The duly-completed report has to be signed by a professional engineer (PE) registered with the Kentucky Board of Registration for PEs and Land Surveyors or a professional geologist (PG) registered with the Kentucky Board of Registration for PGs.

When a UST owner/operator removes and/or replaces any part of a UST system, that is, tanks, piping, etc., he or she must follow the procedures outlined in the Closure Outline (August 2006) pursuant to 401 KAR 42:070, which includes the following steps:

1. File a Notice of Intent to Permanently Close Underground Storage Tank System Form DEP7114/01/06 (NOI) to perform closure 30 days prior to closure of a UST system.  The NOI should be submitted to the regional office responsible for the county in which the UST system is being closed.
2. Schedule an on-site closure inspection by contacting the appropriate regional office at least 10 days prior to permanent closure.  Be aware that if the owner/operator does not contact the field office within 14 days prior to the closure, he or she will not be eligible for possible reimbursement from the UST Branch's funding source, the Petroleum Storage Tank Environmental Assurance Fund, for any corrective action activities that may be required after the closure of the UST system(s).
3. Check with your fire marshal regarding local fire code requirements.
4. Obtain a certified remover (certified by the Division of Fire Prevention, State Fire Marshal's Office) to perform the closure.
5. Hire a firm or person qualified to perform site closure sampling.
6. Notify the division immediately if a spill or leak is encountered.  All reports must be made immediately to the 24-hour Environmental Response telephone number: 502-564-2380 or 800-928-2380.
7. Submit a completed Closure Assessment Form (CAR)(DEP8055/01/06) and all associated documentation, including the UST Facility Registration Form, within 90 days following the permanent closure of a UST system.  Note that both the CAR and Facility Classification Guide (FCG) require the signature of a registered PG or a registered PE.
8. Properly dispose of tank, piping and closure-related materials.  Attach the disposal receipts to the CAR when submitting this report to the UST Branch for review.

Pursuant to 401 KAR 42:080, the Classification Outline (August 2006) shall be used to categorize petroleum UST facilities that submitted a NOI or reported a release after Jan. 1, 1996, into one of four classes based upon their potential impact to human health, safety and the environment.  This document shall also be used to categorize petroleum UST facilities, which submitted an NOI or reported a release prior to Jan. 1, 1996, and wish to voluntarily classify. 

UST facilities shall be classified by assessing site-specific conditions as documented by a registered PE or a registered PG in order to establish the allowable residual levels of petroleum.

The Classification Guide Form (DEP8056/01/06) shall be completed, signed and submitted with the CAR, SC report or when specified by the cabinet. 

Owners and operators shall perform a site investigation (SI) that will determine the full extent of contamination into the soils, surface water, air, sediment, groundwater and/or bedrock pursuant to 401 KAR 42:060.  The cabinet shall require a SI if contamination levels exceed those outlined in 401 KAR 42:080 for regulated petroleum UST systems or if contamination levels exceed those outlined in 401 KAR 42:060 or 401 KAR 42:070 for regulated nonpetroleum UST systems. 

The Site Investigation Outline (August 2006) provides the minimum requirements for a SI report.  Some sites have unique features and may require additional information.  Refer to 401 KAR 42:011 for UST system(s) excluded from this outline.  For definition of terms used within this outline, refer to 401 KAR 42:005. 

Section 1.0 to Section 13.0 of this outline provide a general approach for preparing a SI report.  Some sites have unique features that may require additional information.  This outline is only intended to provide the minimum requirements for a site investigation.  Contact the AE reviewer that requested the site investigation and/or AE work for questions concerning your individual directive letter at the office numbers listed above.

If a completed SI report is requested, it shall document the full extent of contamination, and shall be submitted to the UST Branch within 180 days from the date of the confirmed release.  Monthly detailed status reports shall be submitted regarding all site activities conducted.

If an AE directive letter is issued instead of a request for a full SI report, all requested items in that letter must be completed in full before submitting the requested AE report and the associated AE checklist to the UST Branch.  The AE directive letter will provide the owner/operator a deadline for the submittal of the information to the UST Branch.

SI and AE reports and checklists shall be completed and signed by a registered PE or a registered PG.

For additional information on procedures and answers to the most asked questions, check out our Frequently Asked Questions page.