020-1 Wyo. Code R. §§ 1-5 - Definitions

The following definitions supplement those found in the Environmental Quality Act W.S. 35-11-103 and W.S. 35-11-1415, and federal regulations 40 CFR Part 280.12.

(a) "A4A" means Airlines for America, 1275 Pennsylvania Avenue, NW, Suite 1300, Washington, DC 20004; (202) 626-4000.

(b) "Aboveground release" means any release to the ground surface or to surface water. This includes, but is not limited to, releases from the aboveground portion of any regulated storage tank system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from any regulated storage tank system.

(c) "Airport hydrant fuel distribution system" (also called airport hydrant system) means a UST system that fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

(d) "ALLD" means an automatic line leak detector. This is a device that either restricts the flow through a line or sounds an audible or visible alarm if there is a leak in the connected piping. ALLDs may include mechanical line leak detectors, electronic line leak detectors, or sump sensors.

(e) "Ancillary equipment" means any devices including, but not limited to, piping, fittings, flanges, valves, and pumps, used to distribute, meter, or control the flow of regulated substances to and from a storage tank.

(f) "API" means the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005; (202) 682-8000.

(g) "AST" means an aboveground storage tank as defined by W.S. 35-11-1415 that is used by a fuel dealer to dispense gasoline or diesel to the public.

(h) "AST system" means an aboveground storage tank and all connected piping.

(i) "ASTM" means the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; (610) 832-9500.

(j) "Below ground release" means any release to the subsurface of the land and to groundwater. This includes, but is not limited to, releases from the below ground portions of a storage tank system and below ground releases associated with overfills and transfer operations as the regulated substance moves to or from a storage tank.

(k) "Biodiesel" means a fuel composed of mono-alkyl esters of long fatty chain acids derived from vegetable oils or animal fats, meeting the requirements of ASTM Specification D6751 as referenced in Section 2. "Biodiesel" is interchangeable with diesel for all purposes of this Chapter.

(l) "Biofuel blend" means any regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel.

(m) "CAP" means a "corrective action plan" designed to restore a site contaminated by regulated substances from a storage tank release to a condition that is protective of the public health and safety and consistent with published standards found in this Chapter.

(n) "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Adopted.

(o) "CFR" means Code of Federal Regulations, as revised and published on the dates provided in Section 2, and not including any later amendments or editions. Copies of the CFR can be purchased at cost from the publisher: the U.S. Government Printing Office, 732 N. Capitol St., NW, Washington, DC 20401, or viewed on the Government Printing Office website.

(p) "Class A Operator" means the individual who has primary responsibility to operate and maintain the tank system in accordance with applicable requirements established by the department. The Class A Operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements. The Class A Operator shall obtain a Class A Operator's license from the department in accordance with requirements established by the department.

(q) "Class B Operator" means the individual who has day-to-day responsibility for implementing applicable regulatory requirements. The Class B Operator typically implements in-field aspects of operation, maintenance, and associated recordkeeping for the tank system. The Class B Operator shall obtain a Class B Operator's license from the department in accordance with requirements established by the department.

(r) "Class C Operator" means the individual responsible for initially addressing emergencies presented by a spill or release from a tank system. The Class C Operator typically controls or monitors the dispensing or sale of regulated substances, e.g., gas station attendants. The Class C Operator shall be trained by the Class A or B Operator for the facility in accordance with requirements established by the department.

(s) "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 storage tank system.

(t) "Connected piping" means all piping including valves, elbows, joints, unions, flanges, and flexible connectors attached to a storage tank system through which regulated substances flow and which routinely contains the regulated substance. The piping that joins two storage tank systems shall be allocated equally between them for purposes of determining how much piping is connected to any individual storage tank system.

(u) "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-wall or secondarily contained and 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).

(v) "Contaminated site" means a site where release(s) from storage tank systems have resulted in concentrations of regulated substances in environmental media that exceed criteria for the protection of human health or the environment.

(w) "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 shall be accredited or certified as being qualified by the NACE 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.

(x) "Corrosion protection" is a technique to prevent corrosion of a metal surface. Corrosion protection may be provided by sacrificial/galvanic anode cathodic protection systems, impressed current cathodic protection systems, isolation from ground contact, or dielectric materials.

(y) "CP" means cathodic protection, which is a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. CP may be provided by sacrificial/galvanic anodes or impressed current.

(z) "CP tester" means a person who can demonstrate an understanding of the principles and measurements of all common types of CP systems as applied to buried or submerged metal piping and tank systems. At a minimum, such persons shall have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and storage tank systems.

(aa) "Drinking Water Equivalent Level or DWEL" means the maximum concentration of a contaminant established by the Wyoming Department of Environmental Quality, pursuant to this Chapter or Chapter 8, Water Quality Rules and Regulations, Quality Standards for Wyoming Groundwaters, for which no known or anticipated adverse effects on human health will occur.

(bb) "Emergency" means a situation where replacement or retrofit of ancillary equipment to an existing storage tank system because of a sudden release or existing ancillary equipment failure is essential to continued operation of any facility, and the owner and/or operator can easily and quickly replace or retrofit the equipment to remain in operation.

(cc) "Ethanol" means an alcohol derived from the fermentation of sugar, grain, or other biomass and used as fuel for internal combustion engines. Ethanol is usually denatured using gasoline, petroleum condensate, or some other petroleum product prior to being marketed for fuel. For purposes of this Chapter, "ethanol" will be treated interchangeably with "gasoline."

(dd) "Fiberglass Tank and Pipe Institute," 14323 Heatherfield, Houston, TX 77079-7407; (281) 568-4100.

(ee) "Field-constructed tank" means a tank constructed in the field (i.e., constructed at the site of use). For example, a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field.

(ff) "Financial responsibility" terms are as defined in 40 CFR 280.92.

(gg) "Hazardous substance UST system" means an UST system that contains a hazardous substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (but not including any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1984) or any mixture of such substances and petroleum, and which is not a petroleum UST system.

(hh) "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.

(ii) "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, or other similar devices.

(jj) "Implementing agency" means Wyoming Department of Environmental Quality's Storage Tank Program pursuant to the memorandum of agreement with EPA dated August 3, 1989.

(kk) "Licensed operator" means a person, employed by the facility owner and or operator, who is in responsible charge of the storage tanks at one or more locations. "Licensed operator" refers to the holder of any of the licenses referred to in Section 46 of this Chapter.

(ll) "Maintenance" means the normal operational upkeep to prevent a storage tank system from releasing a regulated substance.

(mm) "Maximum Contaminant Level or MCL" means the maximum allowed concentration of a contaminant established by the U.S. Environmental Protection Agency under the Safe Drinking Water Act and published in 40 CFR Part 141.

(nn) "Minimum Site Assessment or MSA" means a limited subsurface investigation performed at a storage tank facility to determine if a regulated substance has been released from a storage tank system(s) and has caused, or is causing, soil and/or groundwater contamination that exceeds applicable standards.

(oo) "NACE" means the National Association of Corrosion Engineers, 15835 Park Ten Place, Houston, TX 77084; (281) 228-6200.

(pp) "National Leak Prevention Association," 75-4 Main Street, Suite 300, Plymouth, NH 03264; (815) 301-2785.

(qq) "NFPA" means the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269; (800) 344-3555.

(rr) "Operating facility" means a gas station actively selling fuel to the public, a fleet fueling facility used to actively fuel fleet vehicles, or a facility where emergency power generators are being used. "Operating facility" does not include any other type of facility, such as a car wash or other business that does not routinely sell fuel to the public, or is not routinely used for fleet fueling, or is not routinely used for emergency power generation. A facility that has not been used to sell fuel to the public, or fuel fleet vehicles, or power emergency generators for a period of 12 months or more is not considered an "operating facility."

(ss) "Operational life" means the period beginning when installation of the storage tank system has commenced until the time the storage tank system is properly closed under Part G.

(tt) "Overfill release" means a release that occurs when a storage tank system is filled beyond its capacity resulting in a discharge of the regulated substance to the environment.

(uu) "PEI" means the Petroleum Equipment Institute, P.O. Box 2380, Tulsa, OK 74101; (918) 494-9696.

(vv) "Regulated substance" means any substance defined in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (but not including any substance regulated as a hazardous waste under Subtitle C). Further, petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees F and 14.7 psi absolute) is a regulated substance. The term "regulated substance" includes, but is not limited to, petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

(ww) "RCRA" means the Resource Conservation and Recovery Act of 1984, as Adopted.

(xx) "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 storage tank system component that has caused a release of a regulated substance from the storage tank system or has failed to function properly.

(yy) "Replaced" means:

(A) Tank replacement: to remove a tank and install another tank.

(B) Piping replacement: For tanks with multiple piping runs, this definition applies independently to each piping run. Piping replacement means to remove 50 percent or more of piping and install other piping, excluding connectors, connected to a single tank except:

1) piping connected to field-constructed underground storage tank systems with a capacity exceeding 50,000 gallons or piping that is used for an airport hydrant system, or

2) if existing single-wall underground piping connected to a storage tank system fails due to corrosion or fails and has been recalled by the manufacturer, the entire run of single-wall piping shall be replaced with double-wall piping with interstitial monitoring regardless of the length of piping requiring repair.

(zz) "Statistical Inventory Reconciliation" or "SIR" means a method using statistics and simple inventory reconciliation to determine if a tank system is leaking. SIR providers shall use a method that has been approved in writing for use in the UST program by the U.S. Environmental Protection Agency.

(aaa) "STI" means the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047; (847) 438-8265.

(bbb) "Storage tank" means either a regulated aboveground storage tank or an underground storage tank.

(ccc) "Substantial modification" means the addition or retrofit of any fundamental portion of a storage tank system to improve or upgrade the system that would affect the daily operation of the system. Fundamental portions of the system include, but are not limited to, CP, internal or external piping system(s), liners, leak detection equipment, manholes, etc. Substantial modifications also include the addition of canopies, new electrical conduits, and other items that may not be directly related to the storage tank system, but where the construction could adversely affect the storage tank system. Changing an existing tank system for biofuel blend or any other regulated product storage is a substantial modification. All substantial modifications require inspection and approval by the department prior to operation.

(ddd) "Training program" means the licensing program established by the department to test and/or evaluate the knowledge of a Class A, Class B, or Class C Operator regarding requirements for tank systems as established in Part L of this Chapter.

(eee) "Upgrade" means the addition or retrofit of a portion of a tank system (such as CP, lining, spill and overfill controls, secondary containment, etc.) to improve the ability of a storage tank system to prevent the release of a regulated substance.

(fff) "UL" means the Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, IL 60062; (631) 271-6200.

(ggg) "UL of Canada" means Underwriters Laboratories of Canada, 7 Underwriters Road, Toronto, ON M1R 3A9, Canada; (866) 937-3852.

(hhh) "U.S. Department of Defense," 1000 Defense Pentagon, Washington, D.C. 20301-1000.

(iii) "UST" means underground storage tank.

(jjj) "UST system" means an underground storage tank, connected underground piping, underground ancillary equipment, and a containment system, if any. A UST system includes multiple tanks connected with common piping (e.g., manifold systems or siphon systems).

(kkk) "Wastewater treatment tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

Notes

020-1 Wyo. Code R. §§ 1-5

Adopted, Eff. 6/29/2018.