Minn. R. agency 167, ch. 7150, GENERALLY, pt. 7150.0030
For the purposes of this chapter, the terms in this part have the meanings given them. Terms that are not specifically defined have the meanings given in Minnesota Statutes, sections 115.01, 115C.02, and 116.46.
"Agency" means the Minnesota Pollution Control Agency or, if a regulated substance is released or spilled, the Minnesota duty officer pursuant to Minnesota Statutes, section 115E.09.
"Agency-approved tester" means a person approved by the commissioner to inspect and test components of a UST system according to part 7150.0216, subpart 6, item A.
"Airport hydrant fuel distribution system," also called an 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 or fill stands with fueling points.
"Appurtenances" means components of a UST system such as piping, fittings, flanges, valves, dispensers, and pumps used to distribute, meter, or control the flow of regulated substances to or from an underground storage tank.
"Beneath the surface of the ground" means below the surface of the ground, concrete, or asphalt or otherwise covered with earthen materials.
"Business hours" means a minimum of six hours each day, Monday through Friday, excluding holidays, during which business is conducted.
"Cathodic protection" means using a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a UST system can be cathodically protected through the application of either sacrificial anodes or impressed current.
"Cathodic-protection tester" means a person who has demonstrated an understanding of the principles and measurements of all common types of cathodic-protection systems as applied to buried or submerged metal piping and UST systems by passing a test on cathodic protection given by NACE International or the Steel Tank Institute. The person must also have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and UST systems.
"Change in status" means a permanent removal from service or a change in the reported uses, contents, or ownership of an underground storage tank under Minnesota Statutes, section 116.48, subdivision 3, including temporary closure of 90 days or more and change to storage of a nonregulated substance.
"Class A operator" means an individual who has primary responsibility to operate and maintain the UST system.
"Class B operator" means an individual who has daily responsibility to operate and maintain the UST system.
"Class C operator" means an individual who has daily on-site presence and responsibility to handle emergencies and alarms pertaining to a spill or release from the UST system.
"Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another under conditions likely to be encountered in the underground storage tank system.
"Connected piping" means underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a UST system through which regulated substances flow. For the purpose of determining how much piping is connected to an individual UST system, the piping that joins two UST systems is allocated equally between them.
"Consumptive use," with respect to heating oil, means consumed on the premises.
"Containment sump" means a single- or double-walled liquid-tight container that:
"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. The 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.
"Dielectric material" means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate underground storage tank systems from the surrounding soils. Dielectric bushings are used to electrically isolate parts of the underground storage tank system, for example, tank from piping.
"Dispenser" means equipment that is used to transfer a regulated substance from underground piping, through a rigid or flexible hose or piping located above ground, to a point of use outside of the underground storage tank system, such as a motor vehicle. A dispenser does not include a loading rack used to transfer a regulated substance into the storage compartment of a bulk transport vehicle.
"Electrical equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.
"Excavation zone" means the volume containing the UST 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.
"Farm tank" means a tank located on a tract of land devoted to the production of crops, raising animals, including fish, range land, nurseries with growing operations, and associated residences and improvements. A farm tank must be located on the farm property.
"Field-constructed tank" means a tank that is built or assembled at the tank site, but does not include a tank with a lining.
"Flow-through process tank" means 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 by-products from the production process.
"Free product" means a regulated substance that is present as a nonaqueous phase liquid, for example, liquid not dissolved in water.
"Gathering lines" means a pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.
"Heating oil" means petroleum that is Nos. 1, 2, and 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.
"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.
"Impressed current" or "impressed-current system" means a method of corrosion protection that generates a cathodic current from a power source, such as a rectifier that converts alternating current to direct current, where the cathodic current flows from the anodes through the soil to the UST system and returns to the power source through an insulated wire attached to the UST system.
"Leak" means discharge of a regulated substance or any other potentially harmful substance from a point in a UST system that is not intended to be a discharge or dispensing point. A leak that reaches the environment is a release.
"Leak detection" has the meaning given under subpart 42.
"Lessee" means a person that leases a UST system. A lessee is also an operator if the lessee is in control of the daily operation of the UST system.
"Lining" or "internal lining" means a coating of noncorrosive material bonded to the interior surface of a tank.
"Liquid tight" means that liquid is not able to leak from a component of a UST system and that subsurface water is not able to infiltrate a tank, pipe, or secondary-containment area.
"Maintenance" means the normal operational upkeep to prevent an underground storage tank system from releasing a regulated substance.
"Motor fuel" means a complex blend of hydrocarbons used to operate a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or a blend containing one or more of these substances.
"Noncommercial purposes," with respect to motor fuel, means not for resale.
"Noncorrodible material" means a synthetic or processed material that is certified for use in UST systems and compatible with the substance being stored in a UST system and the surrounding environment.
"On the premises where stored," with respect to heating oil, means underground storage tank systems located on the same property where the stored heating oil is used.
"Operational life" means the period beginning when installation of the UST system has begun until the time the UST system is permanently closed under part 7150.0410.
"Other potentially harmful substances" means substances that are not regulated substances when used as intended by the manufacturer but that may cause harm to human health and the environment if released from a leaking UST system because of the volume and nature of the release. Other potentially harmful substances does not include:
"Out of service" means the status of a UST system from which a regulated substance is not or has not been introduced or dispensed, pending a decision or action to close the UST system or begin reusing the UST system.
"Overfill release" means a release occurring when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.
"Permanent closure" means permanently taking a UST system out of service by either closing it in place or removing it from the ground.
"Person" means an individual, partnership, association, public or private corporation, or other legal entity, including the United States government, an interstate commission or other body, the state, or any agency, board, bureau, office, department, or political subdivision of the state, but does not include the Minnesota Pollution Control Agency.
"Petroleum" means one of the following substances:
"Petroleum UST system" means a UST system that is used to contain petroleum or a mixture of petroleum with de minimis quantities of hazardous substances.
"Pipe" or "piping" means a hollow cylinder or tubular conduit for conveying a regulated substance from one point to another within a UST system that is made of nonearthen materials.
"Piping system" means piping, secondary containment, leak-detection devices, tubing, flanges, gaskets, valves, fittings, flexible connectors, and other pipe appurtenances that mix, separate, distribute, meter, or control flow and any core components that allow the piping system to function as intended and in accordance with installation requirements. Piping system includes:
"Pipeline facilities," including gathering lines, means new and existing pipe rights-of-way and any associated equipment, facilities, or buildings.
"Piping system" means piping, secondary containment, leak-detection devices, tubing, flanges, gaskets, valves, fittings, flexible connectors, and other pipe appurtenances that mix, separate, distribute, meter, or control flow and any core components that allow the piping system to function as intended and in accordance with installation requirements. Piping system includes:
"Pipeline facilities," including gathering lines, means new and existing pipe rights-of-way and any associated equipment, facilities, or buildings.
"Product" means a regulated substance.
"Regulated substance" means a hazardous substance or petroleum.
"Release" means a spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a UST system into the environment including spills associated with overfills and transfer operations as the regulated substance moves to or from a UST system. Release does not include discharges or designed venting allowed under agency rules.
"Release detection" or "leak detection" means determining whether a release of a regulated substance has occurred from the UST system:
"Repair" means to correct or restore a component of a UST system to the component's original design function or operating condition.
"Replace" or "replacement" means to install a new component for a UST system in substantially the same location as another component of a UST system in lieu of that component. Replacement includes:
"Retrofit tank" means a new tank installed in an existing host tank as an internal lining according to part 7150.0205, subpart 1.
"Residential tank" means a tank located on property used primarily for dwelling purposes.
"Retrofit tank" means a new tank installed in an existing host tank as an internal lining according to part 7150.0205, subpart 1.
"Residential tank" means a tank located on property used primarily for dwelling purposes.
"Sacrificial-anode system" means a cathodic-protection system that uses zinc, magnesium, or other anodic metals buried near and connected to the metal surface that is being protected.
"Secondary containment" or "secondarily contained" means a release-prevention and release-detection system that is used for a UST system and that has an inner and outer barrier with an interstitial space that is monitored for leaks.
"Septic tank" means a watertight, covered receptacle designed to receive or process through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from the 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.
"Spill bucket" means a containment structure designed to capture releases that may occur in the UST fill port when a regulated substance is transferred. "Spill containment," "spill container," and "spill catchment basin" have the same meaning as spill bucket.
"Storm water or wastewater collection system" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water runoff resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment, except where incidental to conveyance.
"Sump" means an area belowground that is designed to provide access to components of a UST system such as pumps, valves, piping, and fittings. Sump includes a dirt sump, an uncontained sump, and a containment sump.
"Surface impoundment" means a natural topographic depression, artificial excavation, or diked area formed primarily of earthen materials, although it may be lined with synthetic materials, that is not an injection well.
"Tank" is a stationary device designed to contain an accumulation of regulated substances and constructed of nonearthen materials, such as concrete, steel, and plastic, that provide structural support.
"Unattended card-lock facility" means a facility where dispensing a regulated substance during business hours is mechanically or electronically controlled without the constant on-site presence of a class A, B, or C operator.
"Underground area" means an underground room such as a basement, cellar, shaft, or vault providing enough space for physical inspection of the entire exterior of the tank or the tank's secondary containment, situated on or above the surface of the floor.
"Underground storage tank" or "UST" means any one or combination of tanks, vessels, enclosures, structures, or internal linings that is used to contain an accumulation of regulated substances or other potentially harmful substances when the combined volume, including the volume of connected pipes, is ten percent or more beneath the surface of the ground. An underground storage tank does not include any tank described in part 7150.0010, subpart 2.
"Unusual operating condition" means:
"Wastewater treatment tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.
Minn. R. agency 167, ch. 7150, GENERALLY, pt. 7150.0030
Statutory Authority: MS s 115.03; 116.49