18 AAC 78.005. Applicability; exemptions

(a) Except as provided in (e) - (g) of this section, the requirements of this chapter apply to the owner and the operator of an underground storage tank or underground storage tank system (UST) that contains, has contained, or will contain, petroleum. In this chapter, "UST" means

(1) "underground storage tank" as that term is defined at AS 46.03.450 (12); and

(2) "underground storage tank system" as that term is defined at AS 46.03.450 (13).

(b) No person may own or operate a UST unless

(1) it is registered under 18 AAC 78.015;

(2) that person meets all applicable requirements of this chapter; and

(3) except as provided at AS 46.03.420 (c)(1)(D) and at sec. 7(c)(3), ch. 96, SLA 1990, that person has provided proof of financial responsibility under 18 AAC 78.910.

(d) Repealed 1/30/2003.

(e) The following UST's are exempt from the requirements of this chapter:

(1) a UST that holds a hazardous waste identified at 18 AAC 62.020, or a mixture of hazardous waste and petroleum; a system exempt under this paragraph is subject to the requirements of 18 AAC 62;

(2) a wastewater treatment tank system that is part of a wastewater treatment facility subject to 33 U.S.C. 1317(b) or 1342 (Clean Water Act); a system excluded under this paragraph is subject to the requirements of 18 AAC 72;

(3) equipment or machinery, including hydraulic lift tanks and electrical equipment tanks, containing petroleum for operational purposes;

(4) an emergency spill or overflow containment UST that is emptied within 24 hours after use;

(5) a tank used for storing heating oil for consumptive use on the premises where stored.

(f) The following USTs must meet the minimum requirements of 18 AAC 78.010(b) and, if a release is suspected or confirmed, the requirements of 18 AAC 78.200 - 18 AAC 78.280 and of 18 AAC 78.600 - 18 AAC 78.625, but are exempt from all other requirements of this chapter:

(1) a wastewater treatment tank system not exempt under (e)(2) of this section;

(2) a UST that contains a radioactive material regulated under 42 U.S.C. 2011 - 2114 (Atomic Energy Act of 1954);

(3) a UST that is part of an emergency generator system at a nuclear power generation facility regulated by the Nuclear Regulatory Commission under 10 C.F.R. Part 50, Appendix A;

(4) an airport hydrant fuel distribution system; and

(5) a UST with field-constructed tanks.

(g) A UST that stores fuel solely for use by emergency power generators is exempt from the release detection requirements of 18 AAC 78.060 - 18 AAC 78.070.

History: Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 1/22/99, Register 149; am 1/30/2003, Register 165

Authority: AS 46.03.020

Sec. 7, ch. 96,

SLA 1990

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