Section 18.78.005. 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) that person has provided proof of financial responsibility under 18 AAC 78.910.  
	(c)  Repealed 11/3/95.  
	(d)  Repealed 1/30/2003.  
	(e)  The following USTs 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 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 18 AAC 78.600 - 18 AAC 78.625, apply to the following USTs, but other requirements of this chapter do not apply to those USTs:  
		(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. However, a UST that stores fuel solely for use by emergency power generators, and the piping connected to that UST, must meet the requirements of 18 AAC 78.025(i) if  
		(1) the UST is installed on or after July 25, 2012, or if the UST or piping is installed on or after July 25, 2012 to replace a UST or piping connected to that UST; and  
		(2) the UST or piping is within 1,000 feet, as measured under 18 AAC 78.025(i)(1), of a community water system, potable water system, or sole-source aquifer.  

Authorities

46.03.020;46.03.365;46.03.380;46.03.400;46.03.405

Notes

Reference

18 AAC 78.010

Authority

AS 46.03.020 AS 46.03.365 AS 46.03.380 AS 46.03.400 AS 46.03.405

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; am 7/25/2012, Register 203