Mont. Admin. R. 17.56.101 - DEFINITIONS
For the purposes of this chapter and unless otherwise provided, the following terms have the meanings given to them in this rule and must be used in conjunction with those definitions in 75-11-203, 75-11-302, and 75-11-503, MCA.
(1) "Aboveground release" means
any release to the surface of the land or to surface water. This includes, but
is not limited to, releases from the aboveground portion of an UST system or
tank system and aboveground releases associated with overfills and transfer
operations as the regulated substances moves to or from an UST system.
(2) "Aboveground storage tank" or
"AST" means any one or a combination of tanks that is used to contain an
accumulation of petroleum or petroleum products, and the volume of which is 90%
or more above the surface of the ground.
(3) "Active tank" means, for the purpose of
determining operating permit and compliance inspection requirements in
subchapter 3 and closure requirements in subchapter 7, an underground storage
tank that is being used, or is capable of being used, for dispensing,
depositing or storing a regulated substance and is not inactive as defined in
(31).
(4) "Ancillary equipment"
means any devices including, but not limited to, such devices as piping,
fittings, flanges, valves, and pumps used to distribute, meter, or control the
flow of regulated substances to and from an UST.
(5) "Belowground release" means any release
to the subsurface of the land and to ground water. This includes, but is not
limited to, releases from the belowground portions of an underground storage
tank system and belowground releases associated with overfills and transfer
operations as the regulated substance moves to or from an underground storage
tank.
(6) "Beneath the surface of
the ground" means beneath the ground surface or otherwise covered with earthen
materials.
(7) "Cathodic
protection" is a technique to prevent corrosion of a metal surface by making
that surface the cathode of an electrochemical cell. For example, a tank system
can be cathodically protected through the application of either galvanic anodes
or impressed current.
(8)
"Cathodic protection tester" means a person who can demonstrate an
understanding of the principles and measurements of all common types of
cathodic protection systems as applied to buried or submerged metal piping and
tank systems. At a minimum, such persons must have education and experience in
soil resistivity, stray current, structure-to-soil potential, and component
electrical isolation measurements of buried metal piping and tank systems.
(9) "CERCLA" means the
Comprehensive, Environmental Response, Compensation, and Liability Act of 1980,
as amended.
(10) "Closure" or "to
close" means the process of properly removing or filling in place an
underground storage tank that is no longer in service.
(11) "Compatible" means the ability of two or
more substances to maintain their respective physical and chemical properties
upon contact with one another for the design life of the tank system under
conditions likely to be encountered in the UST.
(12) "Connected piping" means all underground
piping including valves, elbows, joints, flanges, and flexible connectors
attached to a tank system through which regulated substances flow. For the
purpose of determining how much piping is connected to any individual UST
system, the piping that joins two UST systems should be allocated equally
between them.
(13) "Consumptive
use" with respect to heating oil means consumed on the premises.
(14) "Containment sump" means a liquid-tight
container that protects the environment by containing leaks and spills of
regulated substances from piping, dispensers, pumps and related components in
the containment area. Containment sumps may be single walled or secondarily
contained and may be located at the top of the tank (tank top or submersible
turbine pump sump), underneath the dispenser (under-dispenser containment
sump), or at other points in the piping run (transition or intermediate
sump).
(15) "Corrective action"
means investigation, monitoring, cleanup, restoration, abatement, removal, and
other actions necessary to respond to a release.
(16) "Corrosion expert" means a person who,
by reason of thorough knowledge of the physical sciences and the principles of
engineering and mathematics acquired by a professional education and related
practical experience, is qualified to engage in the practice of corrosion
control on buried or submerged metal piping systems and metal tanks. Such a
person must be accredited or certified as being qualified by the National
Association of Corrosion Engineers or be a registered professional engineer who
has certification or licensing that includes education and experience in
corrosion control of buried or submerged metal piping systems and metal tanks.
(17) "Department" means the
Department of Environmental Quality created by
2-15-3501,
MCA.
(18) "Dielectric material"
means a material that does not conduct direct electrical current. Dielectric
coatings are used to electrically isolate UST systems from the surrounding
soils. Dielectric bushings are used to electrically isolate portions of the UST
system (e.g., tank from piping).
(19) "Dispenser" means equipment located
aboveground that dispenses regulated substances from the UST system.
(20) "Dispenser system" means the dispenser
and the equipment necessary to connect the dispenser to the underground storage
tank system.
(21) "Electrical
equipment" means underground equipment that contains dielectric fluid that is
necessary for the operation of equipment such as transformers and buried
electrical cable.
(22) "Excavation
zone" means the volume containing the tank system and backfill material bounded
by the ground surface, walls, and floor of the pit and trenches into which the
UST system is placed at the time of installation.
(23) "Existing tank system" means a tank
system used to contain an accumulation of regulated substances or for which
installation has commenced on or before November 3, 1989. Installation is
considered to have commenced if:
(a) the
owner or operator has obtained all federal, state, and local approvals or
permits necessary to begin physical construction of the site or installation of
the tank system; and
(b) either a
continuous on-site physical construction or installation program has begun, or
the owner or operator has entered into contractual obligations, which cannot be
canceled or modified without substantial loss, for physical construction at the
site or installation of the tank system to be completed within a reasonable
time.
(24) "Farm tank"
is a tank located on a tract of land devoted to the production of crops or
raising animals, including fish, and associated residences and improvements. A
farm tank must be located on the farm property. "Farm" includes fish
hatcheries, rangeland and nurseries with growing operations.
(25) "Flow-through process tank" is a tank
that forms an integral part of a production process through which there is a
steady, variable, recurring, or intermittent flow of materials during the
operation of the process. Flow-through process tanks do not include tanks used
for the storage of materials prior to their introduction into the production
process or for the storage of finished products or byproducts from the
production process.
(26) "Free
product" refers to a regulated substance that is present as a nonaqueous phase
liquid (e.g., liquid not dissolved in water).
(27) "Gathering lines" means any pipeline,
equipment, facility, or building used in the transportation of oil or gas
during oil or gas production or gathering operations.
(28) "Ground water" means water below the
land surface in a zone of saturation.
(29) "Hazardous substance UST system" means
an underground storage tank system that contains a hazardous substance defined
in section 101(14) of CERCLA (but not including any substance regulated as a
hazardous waste under subtitle C) or any mixture of such substances and
petroleum, and which is not a petroleum UST system.
(30) "Hazardous waste" means a hazardous
waste as defined by
75-10-403,
MCA.
(31) "Heating oil" means
petroleum that is No. 1, No. 2, No. 4--light, No. 4--heavy, No. 5--light, No.
5--heavy, and No. 6 technical grades of fuel oil; other residual fuel oils
(including navy special fuel oil and bunker C); and other fuels when used as
substitutes for one of these fuel oils. Heating oil is typically used in the
operation of heating equipment, boilers, or furnaces.
(32) "Hydraulic lift tank" means a tank
holding hydraulic fluid for a closed-loop mechanical system that uses
compressed air or hydraulic fluid to operate lifts, elevators, and other
similar devices.
(33)
"Implementing agency" means an office or program of a local governmental unit,
designated by the department pursuant to ARM
17.56.1003,
in which the PST or UST system is located. Only one local governmental unit may
act as an implementing agency for any given PST or UST system.
(34) "Inactive tank" means, for the purpose
of determining operating permit and compliance inspection requirements in
subchapter 3 and closure requirements in subchapter 7, an underground storage
tank for which the department has received written notice, in accordance with
ARM
17.56.701,
that the tank is currently not being used for dispensing, depositing, or
storing a regulated substance.
(35) "Installation" or "to install" means the
placement of an underground storage tank system, including excavation, tank
placement, backfilling, and piping of underground portions of the underground
storage tank system that store or convey regulated substances. Installation
includes repair or modification of an underground storage tank system through
such means as tank relining or the repair or replacement of valves, fillpipes,
piping, vents, or in-tank liquid-level monitoring systems. Installation also
means installation, repair, or modification of a leak detection device that is
external to and not attached to the underground storage tank system and the
installation, repair, or modification of a cathodic protection system. The
terms "installation" and "to install" do not include the process of conducting
a precision (tightness) test to establish the integrity of the underground
storage tank system.
(36)
"Installer" means an individual who installs or closes underground storage tank
systems.
(37) "Liquid trap" means
sumps, well cellars, and other traps used in association with oil and gas
production, gathering, and extraction operations (including gas production
plants), for the purpose of collecting oil, water, and other liquids. These
liquid traps may temporarily collect liquids for subsequent disposition or
reinjection into a production or pipeline stream, or may collect and separate
liquids from a gas stream.
(38)
"Local governmental unit" means a city, town, county, or fire district.
(39) "Maintenance" means the
normal operational upkeep to prevent an underground storage tank system from
releasing product
(40) "Motor fuel"
means a complex blend of hydrocarbons typically used in the operation of a
motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel
fuel, or any blend containing one or more of these substances (for example:
motor gasoline blended with alcohol).
(41) "New tank performance standards"
includes design, construction, installation, release detection, and
compatibility standards.
(42) "New
tank system" means a tank system that will be used to contain an accumulation
of regulated substances and for which installation has commenced after November
3, 1989.
(43) "Noncommercial
purposes" with respect to motor fuel means not for resale.
(44) "Oil/water separator" means a
flow-through tank designed to separate petroleum from water. The term does not
include piping or tanks that contain petroleum effluent.
(45) "On the premises where stored" with
respect to heating oil means UST systems located on the same property where the
stored heating oil is used.
(46)
"Operational life" refers to the period beginning when installation of the tank
system has commenced until the time the tank system is properly closed under
subchapter 7.
(47) "Operator"
means:
(a) for purposes of administration of
Title 75, chapter 11, parts 2 and 5, MCA, the term as defined in
75-11-203,
MCA; and
(b) for purposes of
administration of Title 75, chapter 11, part 3, MCA, the term as defined in
75-11-302,
MCA.
(48) "Out of
service" means that the normal operation of the UST system is discontinued as
characterized by the fact that no regulated substances are being deposited into
or drawn from the system, and:
(a) leak
detection or leak prevention procedures are not conducted in a manner normally
associated with an in-service system of a similar type and purpose; or
(b) for emergency generator tanks,
used oil tanks, heating oil tanks, or hazardous substance tanks, the infrequent
use of the UST system cannot be justified as part of its purpose.
(49) "Overfill release" is a
release that occurs when a tank is filled beyond its capacity, resulting in a
discharge of the regulated substance to the environment.
(50) "Owner" means:
(a) for purposes of administration of Title
75, chapter 11, part 2, MCA, the term as defined in
75-11-203,
MCA;
(b) for purposes of
administration of Title 75, chapter 11, part 3, MCA, the term as defined in
75-11-302,
MCA; and
(c) unless otherwise
provided in statute or rule, for purposes of administration of Title 75,
chapter 11, part 5, MCA, any person who:
(i)
holds title to, controls, or possesses an interest in an UST system; or
(ii) owns the property on which an
UST system is located. The term does not include a person who holds an interest
in a storage tank solely for financial security, unless through foreclosure or
other related actions the holder of a security interest has taken possession of
the tank.
(51) "Person" means:
(a) for purposes of administration of Title
75, chapter 11, part 2, MCA, the term as defined in
75-11-203,
MCA;
(b) for purposes of
administration of Title 75, chapter 11, part 3, MCA, the term as defined in
75-11-302,
MCA; and
(c) for purposes of
administration of Title 75, chapter 11, part 5, MCA, the term as defined in
75-11-503,
MCA.
(52) "Petroleum
mixing zone" has the meaning given in
75-11-503,
MCA.
(53) "Petroleum storage tank"
or "PST" means a tank that contains or contained petroleum or petroleum
products and that is:
(a) an underground
storage tank as defined in
75-11-503,
MCA;
(b) a storage tank that is
situated in an underground area such as a basement, cellar, mine, draft, shaft,
or tunnel;
(c) an aboveground
storage tank with a capacity less than 30,000 gallons; or
(d) aboveground pipes associated with tanks
under (50)(b) and (c), except that pipelines regulated under the following laws
are excluded:
(i) the Natural Gas Pipeline
Safety Act of 1968 ( 49 USC 1671 et seq.);
(ii) the Hazardous Liquid Pipeline Safety Act
of 1979 ( 49 USC 2001 et seq.); and
(iii) state law comparable to the provisions
of law referred to in (50)(d)(i) and (ii), if the facility is intrastate.
(54)
"Petroleum UST system" means an underground storage tank system that contains
petroleum or a mixture of petroleum with de minimis quantities of other
regulated substances. Such systems include those containing motor fuels, jet
fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum
solvents, and used oils.
(55)
"Pipe" or "piping" means a hollow cylinder or tubular conduit that is
constructed of nonearthen materials.
(56) "Pipeline facilities (including
gathering lines)" are new and existing pipe rights-of-way and any associated
equipment, facilities, or buildings.
(57) "Primary leak detection method" means
the leak detection method, approved under this chapter, that is:
(a) specified by the owner or operator and
recorded by the compliance inspector as the primary leak detection method in
the most recent UST program compliance inspection; or
(b) specified by the owner or operator in
writing or e-mail to the department as the primary leak detection method.
(58) "Public water
supply system" means a public water supply system as defined in
75-6-102,
MCA.
(59) "RCRA" means the federal
Resource Conservation and Recovery Act of 1986.
(60) "Regulated substance" means a hazardous
substance as defined in
75-10-602,
MCA; or petroleum, including crude oil or any fraction thereof, which is liquid
at standard conditions of temperature and pressure (60oF and 14.7 pounds per
square inch absolute); does not include a substance regulated as a hazardous
waste under Title 75, chapter 10, part 4, MCA.
(61) "Release" means any spilling, leaking,
emitting, discharging, escaping, leaching, or disposing from a tank system into
ground water, surface water, surface soils, or subsurface soils.
(62) "Release detection" means determining
whether a release of a regulated substance has occurred from the tank system
into the environment or a leak has occurred into the interstitial space between
the UST system and its secondary barrier or secondary containment around
it.
(63) "Repair" means to restore
to proper operating condition a tank, pipe, spill prevention equipment,
overfill prevention equipment, corrosion protection equipment, release
detection equipment or other UST system component that has caused a release of
product from the UST system or has failed to function properly.
(64) "Replaced" means:
(a) for a tank - to remove a tank and install
another tank.
(b) for piping - to
remove 50 percent or more of piping and install other piping, excluding
connectors, connected to a single tank. For tanks with multiple piping runs,
this definition applies independently to each piping run.
(65) "Residential tank" is a tank located on
property used primarily for dwelling purposes.
(66) "Safe Drinking Water Act" means the
federal Safe Drinking Water Act, as amended,
42
USC 300f, et seq., and implementing
regulations in 40 CFR Parts 141 and 142.
(67) "SARA" means the Superfund Amendments
and Reauthorization Act of 1986.
(68) "Secondary containment" means:
(a) a liquid-tight (secondary) shell or
jacket that extends around the inner (primary) shell of a tank or piping that
is designed, constructed, and installed to contain any leak from any part of
the tank or piping that routinely contains a regulated substance. Secondary
containment must be designed, constructed, and installed to:
(i) prevent releases to the environment;
(ii) allow for monitoring of
releases between the primary and secondary shells; and
(iii) allow for detection of any leak; and
(b) liquid-tight tank
sumps, transition sumps, or under-dispenser containment sumps that will contain
a leak from any part of the tank or piping that routinely contains a regulated
substance until detection.
(69) "Septic tank" is a water-tight covered
receptacle designed to receive or process, through liquid separation or
biological digestion, the sewage discharged from a building sewer. The effluent
from such receptacle is distributed for disposal through the soil and settled
solids and scum from the tank are pumped out periodically and hauled to a
treatment facility.
(70)
"Significant noncompliance" means the existence of one or more violations that:
(a) cause, or may cause, a substantial,
continuing risk to public health and the environment;
(b) substantially deviate from a requirement
of this chapter; or
(c) include
failure to install, maintain, or operate equipment essential to preventing or
detecting leaks.
(71)
"State fire marshal" means the state fire marshal as provided for in
2-15-2005,
MCA.
(72) "Storm water or
wastewater collection system" means piping, pumps, conduits, and any other
equipment necessary to collect and transport the flow of surface water run-off
resulting from precipitation, or domestic, commercial, or industrial wastewater
to and from retention areas or any areas where treatment is designated to
occur. The collection of storm water and wastewater does not include treatment
except where incidental to conveyance.
(73) "Surface impoundment" is a natural
topographic depression, man-made excavation, or diked area formed primarily of
earthen materials (although it may be lined with man-made materials) that is
not an injection well.
(74) "Tank"
is a stationary device designed to contain an accumulation of regulated
substances and constructed of nonearthen materials (e.g., concrete, steel,
plastic) that provide structural support.
(75) "Terminal piping" means piping that:
(a) is located within a facility with a North
American Industry Classification System (NAICS) code of 424710 (Petroleum Bulk
Stations and Terminals) (2017), 486110 (Pipeline Transportation of Crude Oil)
(2017), 486910 (Pipeline Transportation of Refined Petroleum Products) (2017),
or 482111 (Line-Haul Railroads (2017);
(b) is underground, or is above ground, if
the above ground piping:
(i) cannot be
segregated, disconnected, or isolated from subject underground piping; and
(ii) is connected to ancillary
equipment including, but not limited to, pumps, valves, or meters;
(c) is connected to a storage
tank, whether the storage tank is entirely above ground, partially above
ground, or entirely underground;
(d) is used to contain or transport a
regulated substance; and
(e) has a
normal operating pressure greater than 50 psi or a piping capacity greater than
362 gallons for diesel and 316 gallons for gasoline.
(f) Copies of the NACIS codes listed in (a)
are available at https://www.naics.com/contact-us/
or by calling 1-888-756.2427. Copies are also available for public inspection
and copying at the Department of Environmental Quality, 1520 E. 6th Ave., P.O.
Box 200901, Helena, MT 59620-0901.
(76) "Underground area" means an underground
room, such as a basement, cellar, shaft, or vault, providing enough space for
physical inspection of the exterior of the tank situated on or above the
surface of the floor.
(77)
"Underground release" means any belowground release.
(78) "Under-dispenser containment" means
containment underneath a dispenser that will prevent leaks from the dispenser
from reaching soil or ground water (see ARM
17.56.204
).
(79) "Underground storage tank"
or "UST" has the meaning given in
75-11-503,
MCA.
(80) "Upgrade" means the
addition or retrofit of some systems such as cathodic protection, lining, or
spill and overfill controls to improve the ability of an underground storage
tank system to prevent the release of product.
(81) "UST system" or "tank system" means an
underground storage tank or petroleum storage tank, as appropriate, ancillary
equipment designed to prevent, detect, or contain a release from an UST system,
the equipment necessary to connect dispensers to product piping, and
containment system, if any.
(82)
"Wastewater treatment tank" means a tank that is designed to receive and treat
an influent wastewater through physical, chemical, or biological
methods.
Notes
AUTH: 75-11-204, 75-11-319, 75-11-505, MCA; IMP: 75-11-203, 75-11-302, 75-11-319, 75-11-505, MCAs
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