Tenn. Comp. R. & Regs. 0400-18-01-.03 - NOTIFICATION, REPORTING, AND RECORD KEEPING

(1) Notification requirements.
(a) Any owner who intends to bring or brings a new underground storage tank system into use shall notify the division as follows:
1. Pre-installation notification form.

Notification shall be made 15 days prior to commencement of installation of such underground storage tank systems by submitting a pre-installation notification form to the division. The pre-installation notification form shall include, but not be limited to, the following information: the property address; the business name; the tank owner's name and address; and the number of compartments in each tank. This information shall be submitted in a format established by the division and the pre-installation notification form shall be completed in accordance with instructions provided by the Division.

2. Notification form for newly installed tanks.

The owner of a newly installed tank shall submit notification of the underground storage tank system installation to the Division within 15 days in accordance with subparagraphs (b) through (d) of this paragraph. The owner shall use the notification form designated by the Division.

(b) Owners shall complete the notification form accurately and in its entirety for each tank, tank compartment, and the piping connected thereto, for which notice is required in accordance with part (a)2. of this paragraph. The form shall be completed in accordance with the instructions provided by the Division.
(c) Owners required to submit notification under part (a)2. of this paragraph shall provide notification to the Division for each tank and tank compartment they own. Owners may provide notification for several tanks using one notification form, but owners who own tanks located at more than one place of operation shall file a separate notification form for each separate place of operation.
(d) All owners of UST systems installed after December 22, 1988 shall certify in the notification form compliance with the following requirements:
1. Installation of tanks and piping has been certified using one of the following methods:
(i) The installer has been certified by the tank and piping manufacturers;
(ii) The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation;
(iii) The installation has been inspected and approved by the division;
(iv) All work listed in the manufacturer's installation checklist has been completed; or
(v) The owner has complied with another method for ensuring compliance with paragraph (1) of Rule 0400-18-01-.02 that has been determined by the division prior to installation to be no less protective of human health and the environment;
2. Cathodic protection of steel tanks and piping in accordance with paragraph (4) of Rule 0400-18-01-.02;
3. Financial responsibility in accordance with Rule 0400-18-01-.08; and
4. Release detection in accordance with Rule 0400-18-01-.04.
(e) All owners of UST systems installed after December 22, 1988 shall ensure that the installer certifies in the notification form that the methods used to install the tanks and piping complies with the requirements in paragraph (1) of Rule 0400-18-01-.02.
(f) Any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser at the time of sale of such tank of the owner's obligations for notification prior to installation under subparagraph (a) of this paragraph.
(g) Any change in the status of the tanks at a petroleum UST facility shall be reported within 30 days of said change. This includes but is not limited to changes of ownership, upgrading or replacement of tanks, changes in mailing address, permanent closure of a tank compartment, and changes in service. Such reports shall be made using an amended notification form. In the case of a sale of tanks, the seller shall submit the notification form designated by the Division, completed in accordance with instructions provided by the Division, and shall also inform the buyer of the notification requirement.
(h) Any change in Class A, or Class B Operators shall be reported to the Division within 30 days of said change in the Division's web based training database.
(2) Reporting and record keeping.

Owners, operators, and/or other responsible parties of UST systems shall cooperate fully with inspections, monitoring and testing conducted by the Division, as well as requests for document submission, testing, and monitoring by the owner, operator, and/or other responsible parties in accordance with the Tennessee Petroleum Underground Storage Tank Act T.C.A. §§ 68-215-101 et seq.

(a) Reporting.

Owners, operators, and/or other responsible parties shall submit the following information to the Division:

1. Notification for all UST systems (paragraph (1) of this rule), which includes certification of installation for new UST systems (subparagraphs (1)(d) and (e) of this rule) and notification for any change in the status of the tanks at a petroleum UST facility (subparagraph (1)(g) of this rule);
2. Notification prior to switching UST systems to certain petroleum substances in accordance with subparagraph (5)(b) of Rule 0400-18-01-.02;
3. Reports of all releases including suspected releases (paragraph (1) of Rule 0400-18-01-.05), spills and overfills (paragraph (4) of Rule 0400-18-01-.05), and confirmed releases (Rule 0400-18-01-.06);
4. Corrective actions planned or taken including, but not limited to, initial response measures (paragraph (3) of Rule 0400-18-01-.06), hazard management measures (paragraph (4) of Rule 0400-18-01-.06), initial site characterization and exposure assessment (paragraph (5) of Rule 0400-18-01-.06), corrective action plan (paragraph (10) of Rule 0400-18-01-.06), and as otherwise directed by the division;
5. A notification before permanent closure or change-in-service (paragraphs (3) and (4) of Rule 0400-18-01-.07); and
6. Tank closure activities including site assessment results (paragraph (5) of Rule 0400-18-01-.07).
(b) Record keeping.

Owners, operators, and/or other responsible parties shall maintain the following information:

1. A log of the monthly spill catchment basin inspections showing at a minimum the last 12 months of inspections (part (3)(b)4. of Rule 0400-18-01-.02);
2. Documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (part (3)(d) of Rule 0400-18-01-.02);
3. Documentation of compliance with the lining requirements for a tank, which is constructed of steel and was installed on or before December 22, 1988 (subpart (4)(a)3.(i) of Rule 0400-18-01-.02);
4. A corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used (part (4)(a)5. of Rule 0400-18-01-.02; part (4)(b)3. of Rule 0400-18-01-.02);
5. Documentation of operation of corrosion protection equipment (subparagraph (4)(c) of Rule 0400-18-01-.02);
6. Documentation of compatibility for UST systems (subparagraph (5)(b) of Rule 0400-18-01-.02);
7. Documentation of the replacement of tanks, piping, and/or dispensers (subparagraph (6)(f) of Rule 0400-18-01-.02);
8. Documentation of UST system repairs (subparagraph (7)(g) of Rule 0400-18-01-.02);
9. Documentation of operation and maintenance walkthrough inspections (subparagraph (8)(b) of Rule 0400-18-01-.02);
10. A log of the quarterly dispenser inspections showing at a minimum the last 12 months of inspections (subparagraphs (1)(e) and (f) of Rule 0400-18-01-.04);
11. Recent compliance with release detection requirements (paragraph (5) of Rule 0400-18-01-.04); and
12. Documentation of compliance with closure requirements and results of the site assessment conducted at permanent closure (paragraph (7) of Rule 0400-18-01-.07).
(c) Availability and maintenance of records.
1. Owners, operators, and/or other responsible parties shall keep the records required either:
(i) At the UST site and immediately available for inspection by the Division; or
(ii) At a readily available alternative site and be provided for inspection to the Division upon request; or
(iii) In the case of permanent closure records required under paragraph (7) of Rule 0400-18-01-.07, owners, operators, and/or other responsible parties are also provided with the additional alternative of mailing closure records to the Division if they cannot be kept at the site or an alternative site as indicated in subparts (i) or (ii) of this part.
2. If an inspection is scheduled by the Division in advance of the date of that inspection, all records shall be present and available for review during the scheduled inspection.
(d) Records transfer.

Upon transfer of ownership, including, but not limited to, sale of the UST systems, originals and/or copies of all documents required to satisfy the reporting and recordkeeping requirements of this paragraph shall be transferred to the new owner of the USTs at the time of ownership transfer.


Tenn. Comp. R. & Regs. 0400-18-01-.03
Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective 10/13/2018.

Authority: T.C.A. §§ 4-5-201, et seq. and 68-215-101, et seq.

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