Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 5 - Underground Storage Tank Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Underground Storage Tanks Regulations Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST) (Adopted March 22, 1989; Amended August 25, 2011, Last Amended August 23, 2018) › Rule 11-5-2.1 - Program Scope and Interim Prohibition › Section 11-5-2.1-280.12 - Definitions

Current through June 25, 2024
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 above-ground portion of an UST system and above-ground
					 releases associated with overfills and transfer operations as the regulated
					 substance moves to or from an UST system.
Ancillary equipment
means any devices
					 including, but not limited to, such devices as piping, fittings, flanges,
					 valves, dispensers, and pumps used to distribute, meter, or control the flow of
					 regulated substances to and from an UST.
Belowground release
means any release to
					 the subsurface of the land and to groundwater. This includes, but is not
					 limited to, releases from the belowground portions of an underground storage
					 tank system and belowground releases associated with overfills and transfer
					 operations as the regulated substance moves to or from an underground storage
					 tank.
Beneath the surface of the ground
means
					 beneath the ground surface or otherwise covered with earthen materials.
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.
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 have education
					 and experience in soil resistivity, stray current, structure-to-soil potential,
					 and component electrical isolation measurements of buried metal piping and tank
					 systems.
CERCLA
means the Comprehensive
					 Environmental Response, Compensation, and Liability Act of 1980, as
					 amended.
Certificate of Operation (Receipt of UST
					 Payment)
means a document identifying an underground storage tank
					 facility as being registered with the MDEQ and having paid all of the known
					 tank regulatory fees for the time period indicated on the certificate. The
					 Certificate of Operation will be issued annually upon payment of tank
					 regulatory fees and is valid only for the fiscal year in which it was issued.
					 The Certificate of Operation must be conspicuously displayed at the facility.
					 The Certificate of Operation does not verify that all components of the UST
					 system have been properly registered with the MDEQ as MDEQ is unable to make
					 that determination until the time of an inspection.
Compatible
means the ability of two or
					 more substances to maintain their respective physical and chemical properties
					 upon contact with one another for the operational life of the tank system under
					 conditions likely to be encountered by the UST system.
Connected piping
means all underground
					 piping including valves, elbows, joints, flanges, and flexible connectors
					 attached to a tank 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 UST systems should be allocated equally
					 between them.
Consumptive use
with respect to heating
					 oil means consumed on the premises.
Containment sump
means a liquid tight,
					 secondary containment device installed underneath a dispenser, at the tank or
					 along a piping system designed to prevent leaks from the dispenser, submersible
					 pump, piping connectors, fittings or other UST system ancillary components from
					 reaching the environment. Containment sumps may be single walled or secondarily
					 contained.
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 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.
Delivery prohibition
means prohibiting
					 the delivery, deposit, or acceptance of product to an underground storage tank
					 that has been determined to be ineligible for such delivery, deposit or
					 acceptance.
Delivery prohibition tag
means a tag,
					 device, or mechanism on the tank's fill pipe that identifies an underground
					 storage tank as ineligible for product delivery. The tag or device is easily
					 visible to the product supplier and clearly states and conveys that it is
					 unlawful to deliver to, deposit into, or accept product into the ineligible
					 underground storage tank.
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).
Dispenser
means a device located above
					 ground that meters the amount of regulated substances transferred to a point of
					 use outside of the UST system, such as a motor vehicle. This definition does
					 not include the "hanging hardware" (breakaways, hoses, nozzles) associated with
					 the dispenser.
Dispenser system
means the dispenser and
					 the equipment necessary to connect the dispenser to the underground storage
					 tank system.
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 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.
Existing tank system
means a tank system
					 used to contain an accumulation of regulated substances or for which
					 installation has commenced on or before December 22, 1988. For purposes of
					 determining whether or not secondary containment is required, an existing tank
					 system means a tank system used to contain an accumulation of regulated
					 substances for which installation has commenced before October 1, 2008.
					 Installation is considered to have commenced if:
(a) The owner or operator has obtained all federal, state,
					 and local approvals or permits necessary to begin physical construction of the
					 site or installation of the tank system; and if,
(1) Either a continuous on-site physical construction or
					 installation program has begun; or
(2) The owner or operator has entered into contractual
					 obligations-which cannot be cancelled or modified without substantial loss-for
					 physical construction at the site or installation of the tank system to be
					 completed within a reasonable time.
Expeditiously emptied
means that any
					 accumulation of regulated substances in a UST is removed within 24 hours or
					 another time frame determined by the MDEQ to be reasonable.
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.
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.
Free product
refers to a regulated
					 substance that is present as a non-aqueous phase liquid (e.g., liquid not
					 dissolved in water.)
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.
Guidelines for the Permanent Closure of Petroleum
					 Underground Storage Tank Systems
means the Mississippi Department of
					 Environmental Quality document containing the established procedures for
					 conducting permanent closure of petroleum underground storage tank
					 systems
Hazardous substance UST system
means an
					 underground storage tank 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) or any mixture of such substances and petroleum, and
					 which is not a petroleum UST system.
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.
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.
Interstitial monitoring
means a method of
					 monitoring the interstitial space of a secondarily contained UST system for a
					 leak of regulated substances or ingress of external fluids (groundwater or
					 other fluids not intended as monitoring fluids).
Interstitial space
means the opening
					 formed between the primary (inner) and secondary (outer) wall of a UST system
					 with double-walled construction or the opening formed between the wall of a
					 containment sump and the UST system component that it contains.
Leak
means any spilling, leaking,
					 emitting, discharging, escaping, leaching or disposing from an UST system or
					 resulting from the operation of the UST system. A leak may or may not result in
					 a release to the environment. A leak from a single-walled UST system will
					 normally result in a release to the environment. A leak from the primary
					 containment of a secondarily contained UST system may or may not result in a
					 release to the environment depending upon the integrity of the secondary
					 containment.
Leak detection
means determining if a
					 leak of a regulated substance has occurred from the UST system.
Life safety/critical function UST
means
					 any one or combination of tanks (including underground pipes connected thereto)
					 that is used to contain an accumulation of regulated substances, and the volume
					 of which (including the volume of underground pipes connected thereto) is 10
					 percent or more beneath the surface of the ground and is used to maintain
					 operation of critical function equipment for the preservation of human
					 life.
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.
MDEQ
means the Mississippi Department of
					 Environmental Quality.
Maintenance
means the normal operational
					 upkeep to prevent an underground storage tank system from leaking or releasing
					 product.
Motor fuel
means petroleum,
					 petroleum-based substances, biofuels or any petroleum/biofuel blend that is
					 typically used in the operation of a motor engine. This definition includes all
					 biofuels, including 100% biodiesel or ethanol.
New tank system
means a tank system that
					 will be used to contain an accumulation of regulated substances and for which
					 installation has commenced after December 22, 1988. (See also "Existing Tank
					 System.") This term applies to underground tanks, piping, dispensers, and
					 submersible pumps.
(a) Underground tank - A new tank is one that is installed
					 where there previously was no tank. The tank may be one that has never been
					 used before or may be one that has been previously used but recertified by the
					 manufacturer.
(b) Pipe - A new pipe is one that is installed where there
					 previously was no pipe. It may be an entirely new piping run from the tank to
					 the dispensers or it may be a new section of pipe added to an existing pipe.
					 The new piping cannot have been previously used.
(c) Dispensers - A new dispenser is one that is installed
					 where there previously was no dispenser. The dispenser may be one that has
					 never been used before or may be one that has been previously used.
(d) Submersible pump - A new submersible pump is one that
					 is installed where there previously was no submersible pump. The submersible
					 pump may be one that has never been used before or may be one that has been
					 previously used.
Noncommercial purposes
with respect to
					 motor fuel means not for resale.
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.
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 Rule 2.7.
Operator
means any person in control of,
					 or having responsibility for, the daily operation of the UST system.
Overfill release
is a release that occurs
					 when a tank is filled beyond its capacity, resulting in a discharge of the
					 regulated substance to the environment.
Owner
means:
(a) In the case of an UST system in use on November 8,
					 1984, or brought into use after that date, any person who owns an UST system
					 used for storage, use, or dispensing of regulated substances; and
(b) In the case of any UST system in use before November 8,
					 1984, but no longer in use on that date, any person who owned such UST
					 immediately before the discontinuation of its use.
Person
means an individual, trust, firm,
					 joint stock company, federal agency, corporation, state, municipality,
					 commission, political subdivision of a state, or any interstate body. "Person"
					 also includes a consortium, a joint venture, a commercial entity, and the
					 United States Government.
Petroleum UST system
means an underground
					 storage tank system that contains petroleum, biofuel, or a mixture of petroleum
					 with
de minimis
quantities of other regulated substances. Such
					 systems include those containing motor fuels, jet fuels, distillate fuel oils,
					 residual fuel oils, lubricants, petroleum solvents, and used oils.
Pipe
or
Piping
means a
					 hollow cylinder or tubular conduit that is constructed of non-earthen materials
					 that routinely contains and conveys regulated substances from the underground
					 storage tank to the dispenser or other end-use equipment. Such piping includes
					 any elbows, couplings, unions, valves, or other in-line fixtures that routinely
					 contain and convey regulated substances. This definition does not include vent,
					 vapor recovery, fill lines or tank risers.
Pipeline facilities (including gathering
					 lines)
are new and existing pipe rights-of-way and any associated
					 equipment, facilities, or buildings.
Register
means:
(a) In the case of equipment, to submit written
					 notification to MDEQ on a "State of Mississippi Notification of Underground
					 Storage Tank System" form for any installation, replacement, change in
					 operational status of an underground storage tank, pipe, dispenser or
					 submersible pump; and
(b) In the case of ownership/operation, to submit written
					 notification to MDEQ on a "State of Mississippi Notification of Underground
					 Storage Tank System" form or a "State of Mississippi Underground Storage Tank
					 System Change in Ownership" form when any person becomes the owner/operator of
					 a new or existing underground storage tank system
Regulated substance
means:
(a) 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);
(b) Petroleum, including crude oil or any fraction thereof
					 that is liquid at standard conditions of temperature and pressure (60 degrees
					 Fahrenheit and 14.7 pounds per square inch absolute); and
(c) Any substance defined as a "motor fuel".
The term "regulated substance" includes but is not limited
					 to petroleum and petroleum-based substances comprised of a complex blend of
					 hydrocarbons derived from crude oil though processes of separation, conversion,
					 upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils,
					 residual fuel oils, lubricants, petroleum solvents, and used oils.
Release
means a leak from an UST system
					 or resulting from the operation of the UST system that reaches the
					 environment.
Release detection
means determining
					 whether a leak of a regulated substance that has occurred from the UST system
					 has reached the environment or a leak has occurred into the interstitial space
					 between the UST system and its secondary barrier or secondary containment
					 around it
Repair
means to restore to proper
					 operating condition a tank or UST system component that has caused a leak of
					 product from the UST system or has failed to function properly. As it applies
					 to the integrity of underground storage tanks, piping, and other UST system
					 components, repair means any activity intended to restore a UST system to
					 proper operational condition that does not meet the definition of
					 replace.
Replace -
This term applies to
					 underground tanks, piping, dispensers, and submersible pumps. Replaced
					 equipment is considered a new UST system or new UST system components and
					 therefore subject to the same requirements of a new UST system.
(a) Underground tank - Replace means to remove an existing
					 tank and install another tank in its place. The replacement tank may be one
					 that has never been used or one that has been used but recertified by the
					 manufacturer.
(b) Pipe - Replace means to remove an existing pipe and
					 install another pipe in its place. In order to be considered a piping
					 replacement, 50 percent or more of the piping, excluding connectors, needed to
					 transfer the regulated substance from a single tank to the most distant
					 dispenser or end use device must be removed and replaced. Connectors include
					 any flexible connectors, risers or other transitional components such as
					 fittings. The replacement piping must be new from the factory and cannot have
					 been previously used. For tanks with multiple piping runs, this definition
					 applies independently to each piping run.
(c) Dispenser - Replace means to remove an existing
					 dispenser and install another dispenser in its place and the equipment used to
					 connect the dispenser to the piping is also replaced. The equipment necessary
					 to connect the dispensers may include check valves, shear valves, risers,
					 flexible connectors or other transitional components that are beneath the
					 dispenser and connect the dispenser to the piping. The replacement dispensers
					 may be new or may have been used before.
(d) Submersible pump - Replace means to remove an existing
					 submersible pump and install another submersible pump in its place and the
					 equipment used to connect the submersible pump is also replaced. The equipment
					 needed to connect the submersible pump may include ball valves, check valves,
					 flexible connectors unions, tees, ells or other pipe fittings and transitional
					 components that connect the submersible pump to the piping. The replacement
					 submersible pump may be new or may have been used before.
Residential tank
is a tank located on
					 property used primarily for dwelling purposes.
SARA
means the Superfund Amendments and
					 Reauthorization Act of 1986.
Secondary containment
means an impervious
					 layer or barrier (liquid tight) that extends around the primary (inner) tank or
					 pipe that is designed, constructed and installed to contain any leak from any
					 part of the tank or piping that routinely contains regulated substances.
					 Examples of secondarily contained systems include double-walled or jacketed
					 tanks, double-walled or jacketed piping and/or containment sumps that may be
					 installed at the top of the tanks, under dispensers or at piping transitions.
					 Secondary containment must be designed, constructed and installed to:
(a) Prevent the release of regulated substances to the
					 environment for the operational life of the secondary containment system;
(b) Prevent the ingress of water or other external fluids
					 into the interstitial space for the operational life of the secondary
					 containment system;
(c) Allow for monitoring of the interstitial space to
					 detect any leak from the primary tank system and ingress of external
					 fluids;
(d) Be checked for evidence of a leak and ingress of
					 external fluids at least once every 30 days in accordance with § 280.43(g)
					 and § 280.44(c); and
(e) Be compatible with the substances stored and external
					 soil/fluids for the operational life of the secondary containment
					 system.
Septic tank
is a water-tight covered
					 receptacle designed to receive or process, through liquid separation or
					 biological digestion, the sewage discharged from a building sewer. The effluent
					 from such 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.
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 wastewater to and
					 from retention areas or any areas where treatment is designated to occur. The
					 collection of storm water and wastewater does not include treatment except
					 where incidental to conveyance.
Submersible pump
(also referred to as a
					 "submerged turbine pump") means a device installed within a tank designed to
					 transfer product from the tank to the dispenser in a pressurized piping system.
					 The term submersible pump includes the submersible motor, extractor assembly
					 and the pump head (housing) assembly.
Supplier
means any person who delivers or
					 deposits motor fuels into an underground storage tank. This term may include
					 oil companies, jobbers, petroleum transportation companies, or other product
					 delivery entities.
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.
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.
Under-dispenser containment
or
UDC
means containment underneath a dispenser system designed
					 to prevent leaks from the dispenser and piping within or above the UDC from
					 reaching soil or groundwater
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.
Underground release
means any belowground
					 release.
Underground storage tank
or
UST
means any one or combination of tanks (including
					 underground pipes connected thereto) that is used to contain an accumulation of
					 regulated substances, and the volume of which (including the volume of
					 underground pipes connected thereto) is 10 percent or more beneath the surface
					 of the ground. This term does not include any:
(a) Farm or residential tank of 1,100 gallons or less
					 capacity used for storing motor fuel for noncommercial purposes;
(b) Tank used for storing heating oil for consumptive use
					 on the premises where stored;
(c) Septic tank;
(d) Pipeline facility (including gathering lines):
(1) Which is regulated under chapter 61 of Title 49
,
or
(2) Which is an intrastate pipeline facility regulated
					 under state laws as provided in chapter 601 of Title 49, and which is
					 determined by the Secretary of Transportation to be connected to a pipeline, or
					 to be operated or intended to be capable of operating at pipeline pressure or
					 as an integral part of a pipeline;
(e) Surface impoundment, pit, pond, or lagoon;
(f) Storm water or wastewater collection system;
(g) Flow-through process tank;
(h) Liquid trap or associated gathering lines directly
					 related to oil or gas production and gathering operations; or
(i) Storage tank situated in an underground area (such as a
					 basement, cellar, mine working, drift, shaft, or tunnel) if the storage tank is
					 situated upon or above the surface of the floor.
The term "underground storage tank" or "UST" does not
					 include any pipes connected to any tank which is described in paragraphs (a)
					 through (i) of this definition.
Upgrade
means the addition or retrofit of
					 some systems such as cathodic protection, lining, or spill and overfill
					 controls to improve the ability of an underground storage tank system to
					 prevent the leak of product.
UST compliance manager
means any person
					 or persons identified by the owner/operator who has primary responsibility for
					 the proper management, operation and maintenance of the tank system at a UST
					 facility. The UST compliance manager is also responsible for the implementation
					 of all applicable MDEQ requirements necessary to achieve and maintain
					 compliance with the UST system including monitoring, testing, reporting and
					 record keeping. A UST compliance manager can also be known as a Class A/B
					 operator.
UST operations clerk
means any person or
					 persons identified by the owner/operator who has primary responsibility for the
					 initial response to any alarms or other indications of emergencies presented by
					 a spill, leak or release from a UST system. The UST operations clerk is
					 typically on-site at the facility and monitors the dispensing of product. A UST
					 operations clerk can also be known as a Class C operator.
UST system
or
Tank
					 system
means an underground storage tank, connected underground
					 piping, underground ancillary equipment, and containment system, if any.
Wastewater treatment tank
means a tank
					 that is designed to receive and treat an influent wastewater through physical,
					 chemical, or biological methods.