18 AAC 78.100. Inspection, reporting, and recordkeeping requirements

(a) The owner or operator of a UST shall cooperate fully

(1) during inspections, monitoring, and testing conducted by the department, its designee, or a representative of the United States Environmental Protection Agency; and

(2) in response to requests for document submission, testing, and monitoring required under 42 U.S.C. 6991d, as amended through September 22, 1995.

(b) The owner or operator of a UST shall submit to the department

(1) the applicable registration information and forms required by AS 46.03.380 (b), 46.03.385(d), 46.03.400, and 18 AAC 78.015;

(2) if applicable, reports of

(A) the site assessment is required by 18 AAC 78.090(d) (5), including a site assessment summary, on a form provided by the department or a similar format that provides the same information;

(B) the release investigation as required by 18 AAC 78.235, including a release investigation summary, on a form provided by the department or a similar format that provides the same information;

(D) a spill or overfill as required by 18 AAC 78.040;

(E) a confirmed release as required by 18 AAC 78.220;

(F) corrective actions planned or taken, including

(i) initial abatement, as required by 18 AAC 78.230 and 18 AAC 78.235;

(ii) free product removal, as required by 18 AAC 78.240;

(iii) soil and groundwater cleanup levels met, as required by 18 AAC 78.600 - 18 AAC 78.625;

(iv) a copy of the corrective action plan described in 18 AAC 78.250; and

(G) an inspection as required by 18 AAC 78.017.

(c) Within 30 days after closure, the owner or operator shall notify the department as to whether all applicable local, state, and federal closure requirements were met.

(d) Within 30 days after closure or change-in-service, the owner or operator shall provide to the department a post-closure notice as required by 18 AAC 78.085.

(e) Within 60 days after closure or change-in-service, the owner or operator shall provide the department a site assessment report if required by, and as prescribed in, 18 AAC 78.090.

(f) The owner or operator shall keep the following records for as long as the UST is used to store petroleum:

(1) records that show compliance with all applicable requirements of this chapter, including

(A) documentation of operation of corrosion protection equipment as required by 18 AAC 78.045(f) ;

(B) documentation of UST upgrades under 18 AAC 78.030 and repairs under 18 AAC 78.055;

(D) results of all operations inspection reports as required under 18 AAC 78.017, until the UST is permanently closed; and

(2) information about any suspected or confirmed release and corrective actions.

(g) The results of any site characterization or site assessment performed under 18 AAC 78.090 shall be retained for at least three years after closure or change-in-service by either the

(1) owner or operator who closed the UST or changed its service; or

(2) current owner or operator of the UST site.

(h) In addition to the requirements of (f) and (g) of this section, the owner or operator shall keep the following records for the period indicated:

(1) leak detection manuals and written performance claims concerning any release detection system used, and the manner in which the claims have been justified or tested by the equipment manufacturer or installer shall be kept for five years after the date of installation or as long as the leak detection system is in service, whichever period is longer;

(2) the results of any sampling, testing, or monitoring must be kept for at least one year, except that the results of tank tightness testing conducted under 18 AAC 78.065(d) must be kept until the next test is conducted;

(3) written documentation of calibration, maintenance, and repair of release detection equipment permanently located onsite must be kept for at least one year after the work is completed;

(4) schedules of required calibration and maintenance provided by the release detection equipment manufacturer must be kept for at least five years; and

(5) for a UST installed between December 22, 1988 and March 25, 1991, the certificate of installation required by 40 C.F.R. 280.20(e) at the time of registration must be kept for the operational life of the UST.

(i) The owner or operator shall keep the records required under this section at the UST site, or at a readily available alternative site, and shall provide the records for department inspection upon request.

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 6/25/99, Register 150; am 8/15/99, Register 151; am 1/30/2003, Register 165

Authority: AS 46.03.020

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