Kentucky petroleum storage regulation has basically mirrored the federal program. In 1972, the Kentucky General Assembly established the Cabinet to supervise the administration and enforcement of environmental regulations. The statutory sections governing the Cabinet and the UST program are set forth in KRS 224 Subchapter 60. These statutory sections provide the authority for Kentucky's regulatory program by directing the Cabinet to promulgate technical standards and corrective action requirements for USTs.

In February 1986, the Cabinet promulgated regulations establishing standards for new USTs and notification requirements. However, the regulations did not contain technical standards for tank performance as required by RCRA Subtitle I. Although Kentucky statutory law directed the Cabinet to promulgate technical standards for USTs, Kentucky could not operate its UST program until it received approval from EPA. Therefore, in February 1989, the Cabinet entered into a Memorandum of Agreement with EPA. This agreement allowed the Cabinet to act as the implementing agency for the federal UST technical standards and corrective action requirements until Kentucky received program approval from EPA under 40 C.F.R. part 281. In December 1990, the Cabinet promulgated regulations which incorporated by reference the federal UST regulations.

The Cabinet's current regulations are located at 401 KAR Chapter 42. These regulations contain criteria for new UST systems; general operating requirements; release detection, reporting and investigation; corrective action; out of service UST systems and closure; classification of UST facilities and cleanup levels; and financial responsibility requirements. Kentucky has yet to receive approval from EPA to operate its program in lieu of the federal program.

You can access the following statutory and regulatory sections via a link to the website maintained by the Kentucky Legislative Research Commission. Just click on the citation for the statute or regulation you want to view.

Statute Section Titles

• 100 Underground storage tanks and regulated substances defined

• 105 Registration of underground storage tanks -- Program to regulate tanks

• 110 Legislative findings and intent

• 115 Definitions for KRS 224.60-120 to 224.60-150

• 120 Financial responsibility of petroleum storage tank owner or operator

• 135 Corrective action for a release into the environment from a petroleum storage tank

• 137 Standards for corrective action for release from petroleum storage tank -- Administrative regulations

• 138 Reduction of contamination levels by corrective action or closure -- Request for final determination -- Hearing -- Effect

• 155 Penalty

• 160 Severability

Regulation Section Titles

• 005 Definitions Related to 401 KAR Chapter 42

• 011 Scope of Underground Storage Tank Program

• 020 Performance Standards for New UST Systems

• 030 General Operating Requirements

• 040 Release Detection

• 050 Release Reporting, Investigation, and Confirmation

• 060 Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

• 070 Out-Of-Service UST Systems, Temporary Closure and Permanent Closure of UST Systems, and Change-In-Service of UST Systems

• 071 Voluntary Closure for Facilities That Permanently Closed a UST System or Had a Confirmed Release Prior to April 18, 1994

• 080 Classification of Petroleum Underground Storage Tank Systems and Listing of Associated Cleanup Levels

• 090 Financial Responsibility

• 200 Underground Storage Tank System Owner Registration Fees