Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-62-2 - Definitions2.1. "AST" means aboveground storage tank as defined in § 22-30-3(1) .2.2. "Level 1 AST" means an AST that is determined by the Secretary to have the potential for high risk of harm to public health or the environment due to its contents, size or location. Except for ASTs containing potable water, filtered or unfiltered surface water or groundwater (excluding flowback water from oil and gas wells), demineralized water, noncontact cooling water or water stored for fire or emergency purposes, food or food-grade materials, empty mobile tanks, or hazardous waste tanks subject to regulation under 40 C.F.R. §§ 264 and 265, exclusive of tanks subject to regulation under 40 C.F.R. §265.201, an AST that meets any of the following criteria is a Level 1 AST: 2.2.a. An AST located within a zone of critical concern, source water protection area or public surface water influenced groundwater supply source; or2.2.b. An AST that contains substances defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as a "hazardous substance" ( 42 U.S.C. § 9601 (14)); or2.2.c. An AST with a capacity of 50,000 gallons or more, regardless of location or contents (except those specifically excluded as Level 1 tanks in Section 2.2 above); or2.2.d. Any AST, regardless of contents, size or location, that the Secretary determines exhibits a potential for high risk of harm to public health or the environment. The Secretary, in his or her discretion, may consider factors including, without limitation, tanks that contain substances that are on the federal Environmental Protection Agency's "Consolidated List of Chemicals Subject to the Emergency Planning and Community Right to Know Act (EPCRA), CERCLA, and § 112(r) of the Clean Air Act (CAA)" (known as "the List of Lists") as provided by 40 C.F.R. §§ 355, 372, 302, and 68 ), regardless of the AST's location. The Secretary shall provide notice to the AST owner or operator of the Level 1 designation.2.3. "Level 2 AST" means an AST that is determined by the Secretary to have the potential for lesser risk of harm to public health or the environment than a Level 1 AST due to its contents, size or location (i.e., an AST located in an isolated area with respect to public water systems, waters of the State or populated locales), or an AST that does not qualify as either a Level 1 AST or a Level 3 AST.2.4. "Level 3 AST" means an AST that contains potable water, filtered or unfiltered surface water or groundwater (excluding flowback water from oil and gas wells), demineralized water, noncontact cooling water, or water stored for fire or emergency purposes, food or food grade materials, empty mobile tanks, or hazardous waste tanks subject to regulation under 40C.F.R. §§ 264 and 265, exclusive of tanks subject to regulation under 40 C.F.R. §265.201.