250 R.I. Code R. 250-RICR-140-25-1.4

Current through December 26, 2024

Section 250-RICR-140-25-1.4 - Applicability

A. The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purposes of state law, goals, and policies.

B. General Applicability - Unless otherwise noted, these regulations apply to all proposed, new and existing underground storage tank facilities, at which a regulated substance and/or hazardous material(s) is currently, or previously been, stored underground in a tank or tank system; whether such facilities serve institutional, industrial, commercial, educational, agricultural, governmental, residential or other purposes; and whether such facilities or USTs located there upon, have been abandoned; and to persons who owned or operated such facilities after May 1985.

C. Leak & Spill Response - § 1.14 of this Part shall apply to all facilities and the owners/operators thereof, and any person having actual knowledge of a confirmed leak, spill or other release. There are no exemptions to the responsibility to report a suspected or confirmed leak or spill.

D. Exempted Tanks

1. These regulations do not apply to:

a. Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;

b. Storage tanks located entirely within structures, such as a basement or cellar provided that:

(1) The structure allows for physical access to the entire storage tank; and

(2) The tank is situated upon or above the surface of a concrete floor;

c. Septic tanks;

d. Pipeline facilities regulated under 49 U.S.C. Chapter 601;

e. Flow through process tanks;

f. Underground storage tanks storing propane or liquefied natural gas;

g. Underground storage tanks used for the temporary storage of raw materials or products by industry (so called "intermittent" or "fill and draw" tanks);

h. Emergency spill protection and overflow tanks;

i. Oil water separators with a planned discharge required to be regulated under the Clean Water Act.

E. Except as provided for in § 1.11(B), 1.14, and 1.15(B) of this Part, these regulations do not apply to:

1. Residential Tank: Tanks less than or equal to 1,100 gallons in capacity used for storing heating oil of any grade and serving a one, two, or three unit dwelling;

2. Farm Tank: Tanks less than or equal to 1,100 gallons in capacity and storing heating oil of any grade for non-commercial purposes.

F. Except as provided for in § 1.8 of this Part, these regulations do not apply to:

1. Aboveground storage tanks associated with airport hydrant fuel distribution UST systems as defined in § 1.5 of this Part.

2. Aboveground storage tanks associated with field constructed UST systems as defined in § 1.5 of this Part.

G. Holding Tanks:

1. All existing and proposed UST systems which are used to store discharges, both intermittent and continuous, containing regulated substances or hazardous materials from floor drains or other piping outlets, shall be subject to § 1.7, 1.10(E), 1.14, 1.15, 1.17 through 1.22 of this Part.

H. Applicability of Delivery Prohibition:

1. § 1.10(T) of this Part shall apply to all UST systems and persons identified under § 1.4(B) of this Part and all product deliverers.

I. Owners and operators of UST systems must cooperate fully with inspections, monitoring and testing conducted by the Department, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to section 9005 of Subtitle I of the Solid Waste Disposal Act, 42 U.S.C. § 6991d.

250 R.I. Code R. 250-RICR-140-25-1.4

Amanded effective 11/20/2018