La. Admin. Code tit. 33 § XI-101

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-101 - Applicability

A. General. The requirements of these regulations apply to underground storage tank (UST) systems as defined in LAC 33:XI.103, except as otherwise provided in Subsections B and C of this Section.

1. Previously Deferred UST Systems. Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST systems that store fuel solely for use by emergency power generators shall meet the requirements of LAC 33:XI as follows:

a. airport hydrant fuel distribution systems and UST systems with field constructed tanks shall meet the requirements of LAC 33:XI.Chapter 8;

b. UST systems that store fuel solely for use by emergency power generators installed before August 9, 2009, shall meet the requirements of LAC 33:XI.701-705 on or before September 20, 2021;

c. UST systems that store fuel solely for use by emergency power generators installed on or after August 9, 2009, are subject to all requirements of LAC 33:XI, including the interstitial monitoring release detection requirements of LAC 33:XI.701-705.

B. Exclusions. The following UST systems are excluded from the requirements of these regulations. The owner or operator shall provide documentation upon request for any exclusion claimed.

1. Any UST system holding hazardous wastes listed or identified in the Louisiana Department of Environmental Quality's Hazardous Waste Regulations or a mixture of such hazardous waste and other regulated substances is excluded from the requirements of these regulations.

2. Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 of the Clean Water Act is excluded from the requirements of these regulations.

3. Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks is excluded from the requirements of these regulations.

4. Any UST system whose capacity is 110 gallons or less is excluded from the requirements of these regulations.

5. Any UST system that contains or has never contained more than a de minimis concentration, as determined by the department, of regulated substances is excluded from the requirements of these regulations.

6. Any emergency spill or overflow containment UST system that is expeditiously emptied after use is excluded from the requirements of these regulations.

C. Partial Exclusions

1. The following categories of partially excluded tanks are exempted from all of the requirements of LAC 33:XI except for LAC 33:XI.305 and LAC 33:XI.715:

a. wastewater treatment tank systems not covered under Paragraph B.2 of this Section;

b. any UST systems containing radioactive materials that are regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);

c. any UST system that is part of an emergency generator system at nuclear power generation facilities licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including but not limited to 10 CFR 50 ; and

d. aboveground tanks associated with:

i. airport hydrant fuel distribution systems regulated under LAC 33:XI. Chapter 8; and

ii. UST systems with field-constructed tanks regulated under LAC 33:XI.Chapter 8.

La. Admin. Code tit. 33, § XI-101

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 16:614 (July 1990), amended LR 17:658 (July 1991), LR 18:727 (July 1992), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 29:1467 (August 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 35:1492 (August 2009), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 441591 (9/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.