Section 18 AAC 78.005 - Applicability(a)General requirements. The requirements of this chapter apply to each owner and operator of an underground storage tank or underground storage tank system (UST), except as otherwise provided in (c) - (e) of this section.(b)Previously deferred USTs. Airport hydrant fuel distribution systems, USTs with field-constructed tanks, and USTs that store fuel solely for use by emergency power generators must meet the requirements of this chapter as follows: (1) airport hydrant fuel distribution systems and USTs with field-constructed tanks must meet the requirements of this chapter except as indicated in 18 AAC 78.705;(2) USTs that store fuel solely for use by emergency power generators installed on or before October 13,2015, and previously deferred from the release detection requirements of this chapter, must meet the requirements of 18 AAC 78.060 - 18 AAC 78.072 on or before October 13,2018;(3) USTs that store fuel solely for use by emergency power generators installed after October 13, 2015 must meet all applicable requirements of this chapter at installation.(c)Exclusions. The following USTs are excluded from the requirements of this chapter: (1) any wastewater treatment tank system that is part of a wastewater treatment facility regulated under 33 U.S.C. 1317(b) or 1342 (sec. 307(b) or 402 of the Clean Water Act);(2) equipment or machinery that contains petroleum for operational purposes, such as hydraulic lift tanks and electrical equipment tanks;(3) any UST system that contains a de minimis concentration of petroleum; and(4) any emergency spill or overflow containment UST that is expeditiously emptied after use.(d)Partial Exclusions. The provisions of 18 AAC 78.015 - 1 8 AAC 78.090, 18 AAC 78.355- 18 AAC 78.380, and 18 AAC 78.700- 1 8 AAC 78.705 do not apply to(1) wastewater treatment tank systems not covered under (c)(2) of this section;(2) aboveground storage tanks associated with(A) airport hydrant fuel distribution systems regulated under 18 AAC 78.700- 18 AAC 78.705; and(B) USTs with field-constructed tanks regulated under 18 AAC 78.700-18 AAC 78.705;(3) any USTs containing radioactive material that are regulated under 42 U.S.C. 2011- 2297h-13 (Atomic Energy Act of 1954); and(4) any UST that is part of an emergency generator system at nuclear power generation facilities licensed by the United States Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including 10C.F.R. Part 50.(e)Tanks, pipes, and other facilities that arc not USTs. USTs do not include tanks, pipes, or facilities exempted under AS 46.03.450 from the term "underground storage tank."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; am 9/27/2018,Register 227, October 2018Authority:AS 46.03.020
AS 46.03.365
AS 46.03.380
AS 46.03.400
AS 46.03.405
AS 46.03.450