Mo. Code Regs. tit. 10 § 26-2.012

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 26-2.012 - Definitions

PURPOSE: There are two (2) primary purposes for this rulemaking. The first is to open UST rules in Title 10, Division 26 of the Code of State Regulations to make the necessary changes required by the U.S. Environmental Protection Agency (EPA). The 2005 Energy Policy Act required either financial responsibility for UST installers and manufacturers or secondary containment for all new systems. In addition, last October, EPA adopted changes to the federal UST regulations that need to be incorporated into state regulation. This rule-making will make the necessary changes to comply with these EPA grant requirements and to incorporate the changes made to the federal regulations.

The second reason is to incorporate state-specific changes. The department will also take this opportunity to clarify ambiguous or confusing language and update industry standard referenced in the regulations.

(1) Many definitions relevant to this rule are set forth in the underground storage tank (UST) law in section 319.100, RSMo.

(A) Definitions beginning with the letter A.

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 a UST system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from a UST system.

2. "Airport hydrant fuel distribution system" (also called airport hydrant system) means a UST system which fuels aircraft and operates under high pressure that typically terminates into one (1) or more hydrants (fill stands). The airport hydrant system begins where fuel enters one (1) or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

3. "Ancillary equipment" means any devices used to distribute, meter, or control the flow of regulated substances to and from a UST including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps.

4. "Annual" means recurring, done, or performed every three hundred sixty-five (365) days.

5. "Annually" means at least once every three hundred sixty-five (365) days.

(B) Definitions beginning with the letter B.

1. "Belowground release" means any release to the subsurface of the land or to groundwater. This includes, but is not limited to, releases from the belowground portions of a UST system and belowground releases associated with overfills and transfer operations as the regulated substances move to or from a UST.

2. "Beneath the surface of the ground" means beneath the ground surface or otherwise covered with earthen materials.

3. "Biannually" or "biannual" means recurring, done, or performed every six (6) months.

(C) Definitions beginning with the letter C.

1. "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.

2. "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 be certified by NACE International, the Steel Tank Institute, or the International Code Council.

3. "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986.

4. "Compatible" means the ability of two (2) 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.

5. "Connected piping" means all 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 any individual UST system, the piping that joins two (2) UST systems should be allocated equally between them.

6. "Consumptive use" with respect to heating oil means consumed on the premises for heating purposes, typically in the operation of heating equipment, boilers, and furnaces.

7. "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.

8. "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 certified by NACE International as a CP Technologist, CP Specialist, or Senior Corrosion Technologist, or for sti-P3® tanks, a Steel Tank Institute certified Cathodic Protection Inspector.

(D) Definitions beginning with the letter D.

1. "De minimus" means-

A. Any volume of regulated substance(s) contained in a tank with a capacity of less than one hundred ten (110) gallons; or

B. A very low concentration of regulated substances; or

C. Any volume of regulated substance(s) contained in an emergency backup tank that holds regulated substances for only a short period of time and is expeditiously emptied after use.

(Comment: De minimus tanks include: swimming pools, permitted wastewater treatment facilities, and chlorinated, potable water storage tanks. An oil-water separator is not a de minimus system unless the tank has a less than one hundred ten (110) gallon capacity.)

2. "Department," unless otherwise stated, means the Missouri Department of Natural Resources.

3. "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).

4. "Dispenser" means equipment located aboveground that dispenses regulated substances from the UST system.

5. "Dispenser system" means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system.

6. "Double-walled piping" is a pipe within a pipe, where the outer wall and inner walls are separated, the inner pipe is completely contained within the outer pipe, except for any single wall fittings or ends, which must be open to a leak-tight containment sump, and the space between the two (2) pipes can be used to monitor the integrity of both the inner and outer pipes.

(E) Definitions beginning with the letter E.

1. "Electrical equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

2. "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.

(F) Definitions beginning with the letter F.

1. "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.

2. "Field-constructed tank" means an underground tank constructed in the field or location where it will be used to store a regulated substance. For example, a tank constructed of concrete that is poured on-site or a steel erected tank. This does not include field modifications to a factory-built tank.

3. "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 by-products from the production process.

4. "Free product" refers to a regulated substance that is present as a non-aqueous phase liquid (e.g., liquid not dissolved in water).

(G) Definitions beginning with the letter G.

1. "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.

(H) Definitions beginning with the letter H.

1. "Hazardous substance UST system" means a UST system that contains a hazardous substance defined in Section 101(14) of the CERCLA (but not including any substance regulated as a hazardous waste under the Missouri Hazardous Waste Management Law, sections 260.350-260.434, RSMo) or any mixture of these substances and petroleum, and which is not a petroleum storage tank.

2. "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 (1) of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.

3. "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.

(I) Definitions beginning with the letter I.

1. The term "in-operation" means input or output that occurs on a regular basis for the tank's intended purpose.

2. The terms "in-service" and "in-use" are equivalent and mean that the tank system contains more than one inch (1") of a regulated substance or residue or three-tenths percent (0.3%) by weight of the total capacity of the UST system of regulated substance. A tank is considered to be in-service and in-use beginning with the first input of a regulated substance into the tank system.

3. The term "installer" means any person, partnership, corporation, company, business, firm, society, or association that installs part or all of an underground storage tank system.

(J) Definitions beginning with the letter J. (Reserved).

(K) Definitions beginning with the letter K. (Reserved).

(L) Definitions beginning with the letter L.

1. "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.

(M) Definitions beginning with the letter M.

1. "Maintenance" means the normal operational upkeep to prevent an underground storage tank system from releasing regulated substances.

2. "Month," unless otherwise stated, means thirty (30) days.

3. "Monthly" means at least once every thirty (30) days.

4. "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 (1) or more of these substances (for example: motor gasoline blended with alcohol).

(N) Definitions beginning with the letter N.

1. "Noncommercial purposes" with respect to motor fuel means not for resale.

(O) Definitions beginning with the letter O.

1. "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.

2. "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 10 CSR 26-2.060-10 CSR 26-2.064.

3. "Operator" means any person in control of, or having responsibility for, the daily operation of a tank.

4. The terms "out-of-service" and "out-of-use" are equivalent and mean that the tank system has been emptied so that no more than one inch (1") of regulated substance or residue or three-tenths percent (0.3%) by weight of the total capacity of the UST system remains.

5. "Overfill release" is a release that occurs when a tank is filled beyond its capacity, resulting in the discharge of the regulated substance to the environment.

6. "Owner" means any person who owned an underground storage tank immediately before the discontinuation of its use if not in use on August 28, 1989, or any person who owns an underground storage tank in use on or after August 28, 1989, excluding secured interest or lienholders exempted under section 319.100(9) RSMo.

(P) Definitions beginning with the letter P.

1. "Person" means any individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, the state and its political subdivisions, or any interstate body. "Person" also includes any consortium, joint venture, commercial entity, and the government of the United States.

2. "Petroleum" means gasoline, kerosene, diesel, lubricants, and fuel oil. This definition includes motor fuels, aviation gas, jet fuels, distillate fuel oils, residual fuel oils, and petroleum solvents.

3. "Petroleum storage tank," in this chapter, means an underground storage tank system used to contain an accumulation of petroleum.

4. "Pipe or piping" means a hollow cylinder or tubular conduit that is constructed of non-earthen materials.

5. "Pipeline facilities" (including gathering lines) are new and existing pipe rights-of-way and any associated equipment, facilities, or buildings.

(Q) Definitions beginning with the letter Q. (Reserved).

(R) Definitions beginning with the letter R.

1. "Regulated substance" includes:

A. Any substance defined in Section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act ( P.L. 96-510 ), as amended, but not including a substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976 ( P.L. 94-580 ), as amended; and

B. Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure, sixty degrees (60°) Fahrenheit and fourteen and seven-tenths (14 7/10) pounds per square inch absolute, respectively; and

C. Any substance adopted by rule in accordance with federal laws referenced by Section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act ( P.L. 96-510 ).

2. "Release" includes, but is not limited to, any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a petroleum storage tank into groundwater, surface water, or subsurface soils.

3. "Release detection" means determining whether a release of a regulated substance has occurred from the UST 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.

4. "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.

5. "Replaced" or "replacement" means-

A. For a tank - to remove a tank and install another tank;

B. For piping - to remove fifty percent (50%) or more of piping and install other piping, excluding connectors, connected to a single tank or single compartment. For tanks with multiple piping runs, this definition applies independently to each piping run.

6. "Residential tank" is a tank located on property used primarily for dwelling purposes.

7. "Routinely contains regulated substance" means that a regulated substance regularly passes through the piping, but does not necessarily mean that the piping must continuously hold a regulated substance. Satellite lines, gravity piping, and remote fill lines, including lines from aboveground storage tank(s) to underground storage tank(s), all routinely contain a regulated substance. Vapor lines, including vent lines and vapor recovery lines, are not included.

(S) Definitions beginning with the letter S.

1. "SARA" means the Superfund Amendments and Reauthorization Act of 1986.

2. "Secondary containment" or "Secondarily contained" means a release prevention and release detection system for a tank and/or piping. This system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.

3. "Septic tank" means any watertight, covered receptacle designed and constructed to receive the discharge of sewage, separate solids from liquid, digest organic matter, store liquids through a period of detention, and allow the clarified liquids to discharge to a soil treatment system.

4. "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 waste-water to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and waste-water does not include treatment except where incidental to conveyance.

5. "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.

(T) Definitions beginning with the letter T.

1. "Tank" is a stationary device designed to contain an accumulation of regulated substances and constructed of non-earthen materials (e.g., concrete, steel, plastic) that provide structural support.

2. "Triennial" means recurring, done, or performed every one thousand ninety-five (1,095) days.

3. "Triennially" means at least once every one thousand ninety-five (1,095) days.

(U) Definitions beginning with the letter U.

1. "Under-dispenser containment" or "UDC" means a containment sump underneath a dispenser system designed to prevent dispenser system leaks from reaching soil or groundwater.

2. "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.

3. "Underground release" means any belowground release.

4. "Underground storage tank" is defined in section 319.100, RSMo and means any one (1) or combination of tanks, including pipes connected thereto, containing regulated product, the volume of which is ten percent (10%) or more beneath the surface of the ground, except as exempted in section 319.100(16), RSMo.

5. "Upgrade" means the addition or retrofit of some systems such as cathodic protection, lining, spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of regulated substance.

6. "UST system" or "Tank system" means an underground storage tank, all connected piping, ancillary equipment, and containment system, if any.

(V) Definitions beginning with the letter V. (Reserved).

(W) Definitions beginning with the letter W.

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

(X) Definitions beginning with the letter X. (Reserved).

(Y) Definitions beginning with the letter Y. (Reserved).

(Z) Definitions beginning with the letter Z. (Reserved).

10 CSR 26-2.012

AUTHORITY: sections 319.100, 319.105, 319.107, 319.111 , and 319.114, RSMo 2000, and sections 319.109 and 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.012. Original rule filed April 2, 1990, effective 9/28/1990. Amended: Filed Dec. 31, 1991, effective 8/6/1992. Amended: Filed Jan. 2, 1996, effective 8/30/1996. Amended: Filed Jan. 14, 1997, effective 9/30/1997. Amended: Filed April 1, 1999, effective 3/30/2000. Moved and amended: Filed April 15, 2011 , effective 12/30/2011 .

Amended by Missouri Register April 17, 2017/Volume 42, Number 08, effective 5/31/2017

*Original authority: 319.100, RSMo 1989, amended 1991, 1993, 1996, 1998; 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; 319.109, RSMo 1989, amended 1995, 2004, 2008; 319.111 , RSMo 1989; 319.114, RSMo 1989; 319.132, RSMo 1991, amended 1995, 1996, 1998; and 319.137, RSMo 1989, amended 1993, 1995, 2004.