This page lists some of the most frequently asked questions regarding the UST Branch.
Disclaimer: Information provided on this page is intended as a brief overview of storage tank requirements. It cannot substitute for the complete requirements contained in the statute and regulation.
What’s the big deal with USTs? Why is everyone so concerned about them? Why is there an entire branch of state government dedicated to them?
Tens of thousands of USTs in Kentucky contain petroleum products or hazardous chemicals. Of more than 40,000 registered USTs in the state, more than 7,000 have had confirmed releases or leaks. More leaks are likely to occur in the future. Leaking USTs can cause fires or explosions that threaten human safety. In addition, leaking USTs can contaminate nearby groundwater, which is the primary drinking water source for 90 percent of Kentucky’s rural population and 50 percent of all Kentuckians. Because so many of us in Kentucky and the nation depend on groundwater, state and federal laws and regulations for UST systems were enacted to safeguard our groundwater resources.
Does the UST Branch have a fund source that is available for UST facility owners and/or operators in need of financial assistance for corrective action and cleanup activities?
Yes. The UST Branch does maintain a funding source, the Petroleum Storage Tank Environmental Fund (PSTEAF) for financial assistance. Please contact the UST Branch's Claims and Payment Section at 502-564-5981 or 800-928-7782 or see the Financial Assistance section below for questions concerning reimbursement and the PSTEAF.
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How much are UST fees?
Pursuant to KAR 42:200, fees for USTs are $30 per tank per year for every year the tank was in the ground (regardless of operating condition) after July 1, 1990 (unless the tank was permanently closed-in-place according to 401 KAR 42:060(E) or 401 KAR 42:080).
After the fees have been paid in full for a fiscal year, a certificate of notification/letter of receipt is issued by the UST Branch. This certificate is to be posted in the place of business to show current compliance with administrative fee requirements.
What happens if there are outstanding fees for my UST facility?
First of all, you are out of compliance. This may affect your eligibility for financial assistance from the Petroleum Storage Tank Environmental Assurance Fund (PSTEAF). Secondly, you are responsible for getting all outstanding fees paid. If the fees remain outstanding for an extended period of time, enforcement action may be taken.
If I purchase a UST facility that has outstanding fees, am I responsible for those fees as well?
Yes. If you would like to know if there are any outstanding fees, contact the UST Branch's Administration Section reviewer for the county in which the facility is located by calling 502-564-5981 or 800-928-7782.
When I send in my UST fees, where does the money go?
The money goes to a special account and is used to pay for the operation of the UST Branch. The money does not go to the PSTEAF for reimbursement of corrective action expenses.
Are there any other annual fees for UST systems?
Yes. The Department of Agriculture, Division of Regulation and Inspection, requires an annual fee of $50 per site per year. They may be contacted at 502-564-4870.
If tanks are upgraded and/or new ones are installed, an application and permit must be sent to the State Fire Marshal's Office. For the permit fee schedule and requirements, contact their office at 502-564-3626.
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For new or upgraded UST systems (tanks and piping), you must have leak detection, spill and overfill prevention, corrosion protection and financial responsibility.
For an existing UST system (tanks and piping), you must have leak detection and financial responsibility. Spill and overfill prevention and corrosion protection must be installed by Dec. 22, 1998.
Existing tanks not upgraded by Dec. 22, 1998, must be permanently closed or upgraded.
Only contractors certified through the Kentucky State Fire Marshal's Office can perform installation, repairs or closures of UST systems.
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- All existing tanks and piping installed after Dec. 22, 1988, must have corrosion protection.
- Corrosion protection options include: impressed current, galvanic cathodic protection, internal lining (tanks only), "jacketed" tanks and fiberglass (tanks and piping).
- By Dec. 22, 1998, all tanks and piping must have corrosion protection.
- Existing tanks may be upgraded with corrosion protection, rather than replacing the tank. Upgrading can be complicated and expensive. Make sure that you read all the requirements for upgrading.
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What is an underground storage tank (UST)?
An underground storage tank or underground storage tank system is one or a combination of stationary devices, including underground pipes connected to the devices, which are designed to contain an accumulation of petroleum, the volume of which, including the volume of underground pipes, is 10 percent or more beneath the surface of the ground. If a storage tank or storage tank system meets this definition, it is considered a regulated UST.
What is petroleum?
Petroleum is defined as crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure. The term includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents and used oils.
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What tanks aren't regulated by the UST Branch?
- A tank of any size used to store heating oil for on-site consumption and a primary use of heating
- Any tank with less than a 110-gallon capacity
- Any farm or residential motor fuel tank used for noncommercial purposes that is less than 1,100 gallons in capacity
- A hazardous waste storage tank (not to be confused with USTs)
- A septic tank
- A pipeline facility
- A tank in a basement or tunnel
- An emergency overfill tank that is emptied within 24 hours
- Flow-through process tanks
- Field constructed tanks
- Oil/water separator tanks
- Hydrant systems at airports
- Tanks of any kind which were emptied of product prior to Jan. 1, 1974
- Above-ground storage tanks
If the above kinds of tanks are not regulated by the UST Branch, are they regulated by someone else?
Please refer to the Exempt Tanks Chart to see which division or branch may regulate these other tanks.
What about hazardous substance USTs?
Several hundred substances are designated as "hazardous" in Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, better known as CERCLA. The UST regulations apply to tanks that store the same hazardous substances identified by CERCLA, except for those listed as hazardous wastes. Information on CERCLA hazardous substances is available through EPA's RCRA/Superfund Hotline at 800-424-9346 or by calling the UST Branch at 502-564-5981 or 800-928-7782.
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Can I view the records on file at the UST Branch for my facility? Can I view the records for any facility?
Yes. The files maintained in the UST Branch file room are available for public inspection. The Kentucky Open Records Act allows any interested party to review UST files.
Do I need an appointment to view the files? What is the procedure for reviewing files?
You will need an appointment to review UST files. To set up an appointment, obtain an Open Records Request Form, fill it out and send it (or fax it in). The UST Branch is required to respond to your request within three (3) working days. Please note that this does not mean the files have to be prepared for viewing during that time frame; it only means that the UST Branch will respond to the request.
Contact the UST Branch for details. A fee of 10 cents per page is required if 10 (ten) or more photocopies are made of any documents from UST files.
Please note that the UST file room is separate from the Division of Waste Management's central file room.
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- Financial responsibility means that you have sufficient financial backing to cover expenses due to damages or third-party liability that result from a leaking UST. For most people this means you must have some insurance mechanism.
- Premiums for pollution liability insurance have dropped considerably in the last year, making the price more affordable.
- Private and local government tank owners and operators are required to show proof of financial responsibility.
- Most owners and operators need to demonstrate they have a financial responsibility mechanism for one million dollars coverage per occurrence and aggregate.
- With one exception, the deadline for requiring financial responsibility was Feb. 18, 1994. The one exception is for tanks on Native American lands. These tanks have had until Dec. 22, 1998, to comply with financial responsibility.
- The UST Branch requires proof of financial responsibility from all applicable owners and operators: within 30 days after a release from a UST; within 30 days after installation of a new UST and, if requested, during a facility audit.
- See your insurance broker about pollution liability insurance. Make sure that your policy is specific for USTs and meets state and federal requirements.
- Contact the UST Branch's Compliance Section, if you have further questions.
The Petroleum Storage Tank Environmental Assurance Fund (PSTEAF) was created in order to assist UST facility owners and operators in complying with federal financial responsibility requirements (KRS 224.60-110(11)). This funding source is the mechanism of choice for most small owners and operators to demonstrate compliance for financial responsibility. Information about eligibility and financial responsibility requirements can be obtained by calling the UST Branch's Administrative Section at 502-564-5981 or 1-800-928-7782.
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- A permit application to install, repair or upgrade a UST system must be submitted to the State Fire Marshal's Office for approval.
- Notify the Division of Fire Prevention/State Fire Marshal by calling 502-564-3626 with any questions after installing or upgrading to schedule a final inspection.
- Only hire a contractor certified by the State Fire Marshal's Office to install, repair or upgrade the system. This includes internal lining and UST removals.
- File a completed Notification of USTs form (NOT) no more than 30 days after installation or upgrade completion. The NOT must be signed by the owner and installer, and the owner's signature must be notarized. This form can be obtained under the category "Underground Storage Tank Regulations" on the division's forms and program documents home page.
- Make sure that you have proof of financial responsibility (installation only).
- Pay the annual registration fee of $30 per tank.
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Options for USTs include at least one (1) of the following:
- Automatic tank gauging (ATG - can monitor tanks only or tanks and piping);
- Interstitial monitoring (for double-walled tanks and double walled piping);
- Statistical inventory reconciliation (SIR);
- Tank tightness testing (TTT) and inventory control (only allowed until Dec. 22, 1998, or up to 10 years after installation or upgrade, whichever is later);
- Manual tank gauging (MTG - only allowed for tanks 2000 gallons or less); or
- Vapor or groundwater monitoring. These methods of external release detection must meet certain requirements before using. (Contact the UST Branch's Compliance Section for further details at 502-564-5981 or 800-928-7782)).
Options for PIPING include at least one of the following:
For Pressurized Piping:
- Automatic line leak detectors (the detector itself must be operationally tested annually);
- Annual line tightness testing; or
- Monthly monitoring (i.e., ATG, SIR, interstitial monitoring, etc.).
For Suction Piping:
- Line tightness testing every three years or
- No leak detection required for suction piping if piping system operates at less than atmospheric pressure; slopes back to tank and has check valve directly below the dispenser.
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Is there a separate list of leaking UST facilities, and can I purchase a copy?
No. The UST Branch maintains a list of registered facilities only. This list is available for a fee. A separate list of leaking UST facilities is not maintained. However, for a fee, custom lists (i.e., a list of facilities within a certain county or area) can be generated by querying our database.
To obtain a listing, an Open Records Request Form must be submitted to the UST Branch explicitly stating the information you require. Upon receipt of your request, a cost will be determined and an invoice will be sent. Upon receipt of the signed open records request form and your payment for the request, a database will be queried and a report will be generated.
As with any open records request, the UST Branch has 72 hours to respond to the request. However, the information cannot be released until payment is received.
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I recently purchased a UST facility. What do I need to do?
First of all, as the new owner, you must submit a Notification of Underground Storage Tank System Form (NOT) (Form # DEP5024) to register the UST system in your name. The NOT must be filled out completely else the form will be rejected and returned to you. Please note that, as the new owner, YOU will be responsible for the payment of any outstanding annual registration fees ($30 per tank per year for every year the tank(s) were in the ground after July 1, 1990).
Do I need to register my tanks with the UST Branch?
You must register the UST systems with the UST Branch if the tanks meet the definition of a regulated UST. The UST regulations apply only to UST systems that have stored or are storing petroleum products or hazardous substances (listed by EPA in its CERCLA program).
Are heating oil tanks regulated by the UST branch?
The tanks used for storing heating oil for consumptive use on the premises are not regulated by the UST Branch. If the heating oil stored in the tanks is for commercial sale or is consumed at another facility, then the tanks are regulated by the UST Branch and should be registered.
I have an old UST that used to store a petroleum product. However, this tank was emptied a long time ago and was filled with an inert material and left in place. What do I need to do?
- If the UST was closed and emptied before Jan. 1, 1974, it is not regulated by the UST Branch.
- If the UST held product after Jan. 1, 1974, it is regulated by the UST Branch. The tank(s) must then be registered and the $30 per tank per year tank fee will be assessed for every year the UST was in the ground after July 1, 1990.
- If the UST held product after Jan. 1, 1974, and was emptied and closed before Dec. 22, 1988, the UST does not need to be permanently closed according to current standards UNLESS it is determined that it is a threat to human health, safety or the environment. However, the $30 per tank per year fee must continue to be paid until the UST system is permanently closed. Groundwater contamination, fume/odor problems, sheen on surface water and free-phased product discovered will constitute a current threat to human health, safety and the environment. If a threat is determined or if the UST is to be permanently closed for any other reason, the UST must permanently close according to current closure requirements. Additionally, the $30 per tank per year fee must continue to be paid for every year the tank was in the ground after July 1, 1990.
- If the UST held product after Jan. 1, 1974, it is regulated by the UST Branch and must be registered. Additionally, if the UST held product after Dec. 22, 1988, the UST must either be upgraded and placed back into service or permanently closed according to current closure requirements. Additionally, the $30 per tank per year for every year the tank(s) were in the ground after July 1, 1990 must continue to be paid.
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- All new USTs installed after Dec. 22, 1988, must have spill prevention (such as a catchment basin) and overfill prevention (such as an alarm or shut-off valve).
- After Dec. 22, 1998, all existing USTs must have spill and overfill devices as well.
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What do I need to do if I need to permanently close my UST(s)?
A complete description of the closure process and requirements is available on the UST Branch's Additional Evaluation (AE1 and AE2) Sections page. Additionally, the Underground Storage Tank System Closure Outline is available for viewing and downloading.
What if a pit bottom soil sample cannot be collected due to the presence of bedrock?
In this case, a downgradient groundwater sample may need to be collected in order to determine if contamination has migrated along the soil-bedrock interface to points beyond the confines of the tank pit. Please note that it is always better to take a soil sample, even if you have to scrape the bedrock bottom.
What if the analysis of the water in the pit shows contamination?
First of all, it must be determined whether the water is pit water or actual groundwater.
If it is determined not to be groundwater (i.e., it is pit water). it must be removed and disposed of properly. If the water is determined to be groundwater, then a downgradient groundwater sample may need to be collected in order to determine if contamination has migrated to points beyond the confines of the tank pit.
How can I find someone to remove my UST system?
A list of certified UST removers can be obtained from the Division of Fire Prevention/State Fire Marshal by calling 502-564-3626. Only persons certified by the Division of Fire Prevention/State Fire Marshal may perform closure activities.
Do I have to use a certain laboratory to perform the sample analyses that I will need?
Yes, if you are eligible to receive reimbursement from the UST Branch's Small Owner Tank Removal Account (SOTRA) for closure of USTs. Click the link below to find out more information concerning the Certified Laboratory Program. The laboratory must be able to perform the analyses as long as the laboratory is able to perform the correct SW-846 method and can achieve the required detection limits.
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1. Certifications are required.
a) In order to upgrade or perform closure of a UST system, a person must be certified by the Division of Fire Prevention/State Fire Marshal.
b) Site investigation and corrective action work must be performed by a contractor in the Contractor Certification Program in order to be considered for reimbursement of costs incurred during that work.
c) Additionally, most forms submitted to the UST Branch require the signature of a registered professional geologist, certified by the Kentucky State Board of Geologists, or a registered professional engineer, certified by the Kentucky State Board of Engineers.
2. A list of certified UST removers and installers can be obtained from the Division of Fire Prevention/State Fire Marshal by calling 502-564-3626.
3. A list of UST Branch certified contractors (certified to perform site investigation and corrective action work) can be obtained from the Internet link listed above or by calling the UST Branch's Claims and Payment Section at 502-564-5981 or 800-928-7782.
4. A list of registered professional geologists can be obtained from the State Geologist's Board by calling 502-564-3296.
5. A list of registered professional engineers can be obtained from the State Engineer's Board by calling 502-695-5680.
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The following is a summary of forms that are required to be filed with the UST Branch for a wide range of UST activities. This is not a complete list of forms. The complete list is available under the category "Underground Storage Tank Regulations" on the division's forms and program documents home page. Additionally, you may contact the UST Branch directly or your nearest regional office for a copy of the forms or with any questions.
- Notification of UST System Form (NOT) (DEP5024): No more than 30 days after installation, return to operation, or change of ownership of a UST system.
- Notice of Intent to Permanently Close a UST System (NOI) (DEP 5025): 30 days prior to closure work.
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- Classification Guide (DEP 5063): 90 days after permanent closure and should be submitted with the CAR, if applicable.
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If you have questions regarding a specific site, please contact the UST Branch at 502-564-5981 or 800-928-7782. You will be referred to the UST reviewer assigned to oversee the closure in that particular county. If at all possible, please have your UST facility ID# or Agency Interest # ready. The UST Branch organizes the information and correspondence for more than 15,000 UST facilities in the state according to this number. Knowing the UST facility ID#, Agency Interest # or at least the county in which the facility is located will help us get the answers you need more quickly.
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How can I tell that an UST is leaking?
There are several warning signs of leaks from USTs or piping. Unusually strong petroleum vapors, dying vegetation near the tank and erratic equipment operation (unexplained presence of water in the tank) are all indicators of a possible release. Tanks that seem to require more fuel than they are using or experience a sudden loss of product may also be leaking.
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REPORT A RELEASE OR A SUPSECTED RELEASE IMMEDIATELY BY CALLING: 502-564-2380 or 800-928-2380.
What is required in Kentucky for regulated Underground Storage Tank (UST) owners concerning release reporting and cleanup of petroleum products?
Under 401 KAR 42:060, KRS 224.01-400 and KRS 224.60-105, UST owners and operators are required to report and clean up releases or suspected releases of regulated substances.
Under these provisions, certain actions are required in response to releases or suspected releases of regulated petroleum products. These actions consist of: 1) immediate notification of a release; 2) written follow-up report; 3) characterization; 4) corrective action; and 5) other required actions.
What must be reported?
Any spill, leak, discharge, dump, overfill or other "release" of a substance regulated by the UST program in excess of a reportable quantity* or which meets the criteria specified by the regulations must be reported immediately.
*A reportable quantity is any release including a fuel, waste oil, new oil or lubricant in excess of 25 gallons within a 24-hour period. This release must be reported immediately.
How are reports to be made?
All reports must be made immediately to the 24-hour environmental response telephone number: 502-564-2380 or 800-928-2380.
For more information on the proper procedures for release reporting and clean-up requirements for petroleum substances, please see the UST Branch's publication "Underground Storage Tank Release Reporting and Cleanup Requirements for Petroleum Products." This publication can be obtained under the category "Underground Storage Tank Regulations" on the division's publications home page.
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Once the extent of both soil and groundwater contamination has been determined, a corrective action plan (CAP) will be requested by the UST Branch. A CAP is a document that details how the defined contamination will be cleaned up. The UST system owner will then prepare and submit an appropriate CAP to the UST Branch.
How can petroleum contamination be cleaned up from the soil and groundwater?
There are several technologies available to aid in soil and groundwater remediation. Some technologies are more appropriate than others in certain circumstances. Because each UST facility has unique site-specific conditions, each remediation technology option should be carefully reviewed to determine the most appropriate method of clean-up. Factors to consider include overall effectiveness of the particular technology, geologic conditions at the UST facility, length of time for remediation, and cost.
What are some of the different types of clean-up technologies available and where can I get information about performing corrective action at UST facilities?
The federal Environmental Protection Agency (EPA) Office of Underground Storage Tanks (OUST) is an excellent source for information concerning corrective action and clean-up technologies (as well as other UST system guidance documents and information). The following is a partial list of documents available on-line from the EPA's OUST Publications Web page:
Does Kentucky use RBCA (or any other risked-based approach) to establish target clean-up levels?
No. Kentucky has not adopted the ASTM sponsored risk-based-corrective-action approach. However, target clean-up levels for facilities undergoing corrective action measures are somewhat risk-based. During the closure process or at the time of a confirmed release, each facility is classified according to site specific conditions (depth to groundwater, soil type, distance to potential receptors, etc.). The outcome of the classification determines the facility’s target cleanup levels for soil and groundwater.
Performing a risk assessment in order to determine risk to human health and the environment and to establish target cleanup levels is an acceptable course of action. However, please note that the review of risk assessment documents is not performed by the UST Branch personnel. Rather, the Risk Assessment Branch of the Division of Environmental Services reviews all risk assessments. The UST Branch coordinates communication and will issue letters based on the review of the Risk Assessment Branch. Please consider this if you are considering performing a risk assessment.
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The installation, repair, operation and maintenance of ASTs is regulated by the State Fire Marshal's Office. That office may be reached at 502-564-3626.
The Division of Waste Management's Superfund Branch, Petroleum Cleanup Section, regulates releases and spills from ASTs. That office may be reached at 502-564-6716.
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To contact the UST Branch by telephone, please call 502-564-5981 or 800-928-7782. You may also reach the UST Branch through the U.S. mail at 81 C. Michael Davenport Boulevard, Frankfort, Kentucky, 40601.
Here are a few tips to remember when calling the UST Branch:
- Please have your UST facility ID# ready. This will help our personnel in retrieving the correct file information for the facility you are calling about.
- If you don't have your UST ID#, please know the county, facility name and general area in which the facility is located.
- Have a general idea of what your question pertains to so that we may route your call to the proper person who can answer your question. For example, (a) is the question an Additional Evaluation Section's issue, such as removing a UST system or determining the extent of contamination, (b) does the question pertain to registration of USTs, open records request or annual fees, which would be an Administrative Section issue, (c) does the question concern reimbursement and funding issues, which would be handled by the Claims and Payment Section, (d) does your question concern a Compliance Section issue, such as leak detection methods or (e) does it concern a corrective action plan or other means of remediation that can be addressed by the Corrective Action Section?
- The more you can tell us about a particular facility in question, the better we can assist you.
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The Petroleum Storage Tank Environmental Assurance Fund (PSTEAF) is available for financial assistance to qualified facilities. For all questions concerning eligibility requirements, availability of funds, or other financial and reimbursement questions, please call the PSTEAF at 1-800-928-7782.
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Surface releases and spills of petroleum products at UST facilities (or anywhere else in Kentucky) are regulated by the Division of Waste Management's Superfund Branch, Petroleum Cleanup Section. They may be reached at 502-564-6716.
Additionally, please note that releases (confirmed or suspected) must be reported immediately to the 24-hour environmental response telephone number: 502-564-2380 or 800-928-2380.
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