Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 1 - Program Applicability and Definitions › Section XI-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For all purposes of these rules and regulations, the terms
				  defined in this Section shall have the following meanings, unless specifically
				  defined otherwise in LAC 33:XI.1105 or 1303.
Aboveground Release
- 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.
Act
- the Louisiana Environmental Quality
				  Act,
				  R.S.
				  30:2001 et seq.
Administrative Authority
- the Secretary of
				  the Department of Environmental Quality or his designee or the appropriate
				  assistant secretary or his designee.
Airport Hydrant Distribution System (
also
				  called
airport hydrant system
)-a UST system which fuels
				  aircraft and operates under high pressure with large diameter piping that
				  typically terminates into one or more hydrants (fill stands). The airport
				  hydrant system begins where fuel enters one or more tanks from an external
				  source such as a pipeline, barge, rail car, or other motor fuel carrier.
Ancillary Equipment
- 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.
Belowground Release
- any release to the
				  subsurface of the land or to groundwater, including, but not limited to,
				  releases from the belowground portions of a UST system and belowground releases
				  associated with overfills and transfer operations as the regulated substance
				  moves to or from a UST system.
Beneath the Surface of the Ground
- beneath
				  the ground surface or otherwise covered with earthen materials.
Cathodic Protection
- 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-
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 a person shall 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.
Change-in-Service-
the continued use of a UST
				  system to store a nonregulated substance.
CERCLA
- the Comprehensive Environmental
				  Response, Compensation, and Liability Act of 1980, as amended.
Compatible
- the ability of two or more
				  substances to maintain their respective physical and chemical properties upon
				  contact with one another for the design life of the UST system under conditions
				  likely to be encountered by the UST system.
Connected Piping
- all 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 any individual UST system, the
				  piping that joins two UST systems should be allocated equally between
				  them.
Consumptive Use
- with respect to heating
				  oil, consumption that occurs on the premises.
Containment Sump-
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. Containment sumps may be single walled or secondarily
				  contained and located at the top of the tank (tank top or submersible turbine
				  pump sump), underneath the dispenser (under-dispenser containment sump), or at
				  other points in the piping run (transition or intermediate sump).
Corrosion Expert-
a person who, by reason of
				  thorough knowledge of the physical sciences and the principles of engineering
				  and mathematics acquired through 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 shall
				  be accredited or certified as being qualified by the National Association of
				  Corrosion Engineers or be a registered professional engineer who has provided
				  evidence to the satisfaction of the administrative authority documenting
				  certification or licensing that includes education and experience in corrosion
				  control of buried or submerged metal piping systems and metal tanks.
De Minimis Concentration
-Repealed.
Department
- the Department of Environmental
				  Quality as created by
				  R.S.
				  30:2001 et seq.
Dielectric Material
- 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-
equipment located aboveground that
				  dispenses regulated substances from the UST system.
Dispenser System-
the dispenser and equipment
				  necessary to connect the dispenser to the UST system.
Electrical Equipment
- underground equipment
				  that contains dielectric fluid necessary for the operation of equipment such as
				  transformers and buried electrical cable.
Empty UST System
- a UST system from which
				  all materials have been removed using commonly employed practices so that no
				  more than either 2.5 centimeters (1 inch) of residue or 0.3 percent by weight
				  of the total capacity of the UST system, whichever is less, remains in the
				  system.
Excavation Zone
- 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 installed.
Existing UST System
- an underground storage
				  tank system used to contain an accumulation of regulated substances on or
				  before December 22, 1988, or for which installation has commenced on or before
				  December 22, 1988. 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 UST system; and
b. either a continuous on-site physical construction or
				  installation program has begun or the owner or operator has entered into
				  contractual obligations, that cannot be cancelled or modified without
				  substantial loss, or physical construction at the site or installation of the
				  UST system to be completed within a reasonable time.
Farm Tank
- a tank located on a tract of
				  land devoted to the production of crops or raising of animals, including fish,
				  and the associated residences and improvements. A farm tank must be located on
				  the farm property. Farm includes fish hatcheries, rangelands, and nurseries
				  with growing operations.
Field-Constructed Tank-
a tank constructed in
				  the field. For example, a tank constructed of concrete that is poured in the
				  field, or a steel or fiberglass tank that is primarily fabricated in the field
				  is considered field-constructed. Tank-within-a-tank technology tanks are not
				  considered field-constructed tanks.
Flow-Through Process Tank
- 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
- a regulated substance present
				  as a nonaqueous phase liquid (e.g., a liquid not dissolved in water).
Gathering Lines
- any pipeline, equipment,
				  facility, or building used in the transportation of oil or gas during oil or
				  gas production or gathering operations.
Geologist
- a person who is a graduate of an
				  accredited institution of higher education who has successfully completed a
				  minimum of 30 semester hours or 45 quarter hours of course work in the science
				  of geology and has in his/her possession a minimum of a baccalaureate
				  degree.
Hazardous Substance UST System
- 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 the department's Hazardous Waste Regulations) or any mixture of
				  such substances and petroleum, and which is not a petroleum UST system.
Heating Oil
- petroleum that is Number 1,
				  Number 2, Number 4-light, Number 4-heavy, Number 5-light, Number 5-heavy, and
				  Number 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
- 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.
Install
or
Installation
-the
				  process of placing a UST system in the ground and preparing it to be put into
				  service. Adding new piping where none existed before at an existing site is
				  considered a renovation and is regulated as an installation.
Liquid Trap
- sumps, well cellars, and other
				  traps used in association with oil and gas production, gathering, and
				  extraction operations (including gas production plants) to collect 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.
Maintenance
- the normal operational upkeep
				  undertaken to prevent a UST system from releasing product.
Motor Fuels-
all grades of gasoline including
				  but not limited to gasohol, number 1 diesel, number 2 diesel, kerosene, and all
				  aviation fuels. This term shall include new and used motor oil that is used for
				  lubricating engines of motor vehicles. Motor fuels may include, as determined
				  by the secretary, any product, petroleum or petroleum blend, biofuel or any new
				  fuel that may emerge for the propulsion of motor vehicles. However, liquid
				  petroleum (LP) gas, compressed natural gas (CNG), and liquefied natural gas
				  (LNG) shall not be included in this definition of motor fuels.
New UST System
- an underground storage tank
				  system that will be used to contain an accumulation of regulated substances and
				  for which installation commenced after December 22, 1988 (see also
Existing UST System
).
Noncommercial Purposes
- with respect to
				  motor fuel, refers to purposes other than for resale.
On Staff
- performing services while
				  employed by a response action contractor, for an average of 20 or more hours
				  per week. On staff does not refer to an independent contractor, but to an
				  employee of the response action contractor.
On the Premises Where Stored
- with respect
				  to heating oil, refers to UST systems located on the same property where the
				  stored heating oil is used.
Operational Life
- the period beginning when
				  installation of the tank system has commenced until the time the tank system is
				  properly closed under LAC 33:XI.Chapter 9.
Operator-
any person in control of, or having
				  responsibility for, the daily operation of the UST system regardless if the UST
				  system is active or temporarily closed.
Overfill Release
- a release that occurs
				  when a tank is filled beyond its capacity, resulting in a discharge of the
				  regulated substance into the environment.
Owner
-
a. the owner of a UST is, for purposes of these
				  regulations:
i. the current owner of the land under which the tank is or
				  was buried;
ii. any legal owner of the tank;
iii. any known operator of the tank;
iv. any lessee;
v. any lessor;
b. if one person defined as an owner complies, it shall be
				  deemed compliance by all persons defined as owners.
Permanent Closure-
the process of removing
				  and disposing of a UST system no longer in service, including the process of
				  abandoning such a system in place through the use of prescribed techniques for
				  the purging of vapors and the filling of the vessel with a solid, inert
				  material, the process of properly labeling a tank, and the process of
				  collecting subsurface samples.
Person
- 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
- an underground
				  storage tank system that contains petroleum 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
- a hollow
				  cylinder or tubular conduit that is constructed of non-earthen materials and
				  that routinely contains and conveys regulated substances from a UST to a
				  dispenser or other end-use equipment. Such piping includes any elbows,
				  couplings, unions, valves, or other in-line fixtures that contain and convey
				  regulated substances from the UST to the dispenser. This definition does not
				  include vent, vapor recovery, or fill lines.
Pipeline Facilities (including gathering
				  lines)
- new and existing pipe rights-of-way and any associated
				  equipment, facilities, or buildings.
Registered Tank-
a UST system for which an
				  owner/operator has filed the required UST registration forms (UST-REG-01 and
				  02) with the department. After September 20, 2018, a UST system for which the
				  owner/operator has filed the required registration form (UST-REG) with the
				  department.
Registration Certificate-
an annual
				  certificate provided to the UST system owner by the department after all
				  current annual fees, all unpaid annual fees, and any late payment fees for the
				  UST system are paid. The current registration certificate also serves as
				  documentation of financial assurance for UST owners that elect the Louisiana
				  motor fuels underground storage tank trust fund as their mechanism for meeting
				  the UST financial assurance requirements of LAC 33:XI.1107.
Regulated Substance
-
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
				  the department's hazardous waste regulations);
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). The term
regulated substance
includes, but is not limited to, petroleum
				  and petroleum-based substances comprised of a complex blend of hydrocarbons,
				  such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils,
				  lubricants, petroleum solvents, and used oils; and
c. any motor fuels as determined by the secretary.
Release
- any spilling, leaking, emitting,
				  discharging, escaping, leaching, or disposing from a UST system. Releases into
				  the air will be governed by LAC 33:Part III and LAC 33.I.Chapter 39.
Release Detection-
determining whether a
				  release of a regulated substance has occurred from a 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.
Renovation-
to make nonrepair changes to a
				  UST system, such as replacing existing piping with new piping, installing new
				  piping and additional dispensers at an existing site, and installing new
				  containment sumps at an existing site.
Renovations
are
				  regulated as installations.
Repair-
to restore to proper operating
				  conditions a tank, pipe, spill prevention equipment, overfill prevention
				  equipment, corrosion protection equipment, release detection equipment, or
				  other UST system component that has caused or threatens to cause a release of
				  product from the UST system or has failed to function properly.
Replace
or
Replacement
-to
				  remove an existing UST and install a new UST in substantially the same location
				  as the removed tank, or to remove and replace 25 percent or more of underground
				  piping associated with a single UST.
Residential Tank
- a tank located on
				  property used primarily for dwelling purposes.
Response Action
- any technical services
				  activity or specialized services activity, including but not limited to,
				  assessment, planning, design, engineering, construction, operation of a
				  recovery system, or ancillary services, that is carried out in response to any
				  discharge or release or threatened release of motor fuels into the groundwater,
				  surface waters, or subsurface soils.
Response Action Contractor
- a person who
				  has been approved by the department and is carrying out any response action,
				  excluding a person retained or hired by such person to provide specialized
				  services relating to a response action. When emergency conditions exist as a
				  result of a release from a motor fuels underground storage tank, this term
				  shall include any person performing department-approved emergency response
				  actions during the first 72 hours following the release.
SARA
- the Superfund Amendments and
				  Reauthorization Act of 1986.
Secondary Containment
-a containment system
				  that utilizes an outer or secondary container or impervious liner designed to
				  prevent releases of regulated substances from the primary container from
				  reaching the surrounding environment for a time sufficient to allow for
				  detection and control of the released product. Such systems include, but are
				  not limited to, double-wall tanks and piping, jacketed tanks and piping that
				  have an interstitial space that allows for interstitial monitoring, containment
				  sumps when used for interstitial monitoring of piping, and any other such
				  system approved by the department prior to installation.
Septic Tank
- a covered receptacle designed
				  to receive or process, through liquid separation or biological digestion, the
				  sewage discharged from a building sewer. The effluent from such a 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.
Specialized Services
- response action
				  activities associated with the preparation of a reimbursement application,
				  laboratory analyses, or any construction activity, construction of trenches,
				  excavations, installing monitoring wells, conducting borings, heavy equipment
				  work, surveying, plumbing, and electrical work that are carried out by a
				  subcontractor hired or retained by a response action contractor in response to
				  a discharge or release or threatened release of motor fuels into the
				  groundwater or subsurface soils.
Storm-Water or Wastewater Collection
				  System
- 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 any areas where treatment is designated to occur. The
				  collection of storm-water and wastewater does not include treatment, except
				  where incidental to conveyance.
Surface Impoundment
- a natural topographic
				  depression, man-made excavation, or diked area formed primarily of earthen
				  materials (although it may be lined with synthetic materials) that is not an
				  injection well.
Tank
- a stationary device designed to
				  contain an accumulation of regulated substances and constructed of nonearthen
				  materials (e.g., concrete, steel, plastic) that provide structural
				  support.
Technical Services
- activities performed by
				  a response action contractor, including but not limited to, oversight of all
				  assessment field activities; all reporting, planning, and development of
				  corrective action plans and designing of remedial activities; performance of
				  groundwater monitoring and discharge monitoring; performance of operation and
				  maintenance of remedial systems; and oversight of specialized services
				  performed by a subcontractor.
Temporary Closure-
the temporary removal from
				  service of a UST (i.e., ceased dispensing product from a UST system). A
				  compartment tank is not considered to be in temporary closure as long as any
				  compartment of the tank is currently active.
Under-Dispenser Containment
-a containment
				  system beneath a dispenser designed to prevent releases of regulated substances
				  from the dispenser or contained piping from reaching the surrounding
				  environment for a time sufficient to allow for detection and control of the
				  released product. Such containment shall be liquid-tight on its sides, bottom,
				  and at any penetrations, and shall allow for visual inspection and access to
				  the components in the containment system or be regularly monitored.
Underground Area
- an underground room, such
				  as a basement, cellar, shaft, or vault, providing enough space for physical
				  inspection of the exterior of a tank situated on or above the surface of the
				  floor.
Underground Release
- any belowground
				  release.
Underground Storage Tank
or
UST-
any one or combination of tanks (including underground
				  pipes connected thereto) 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.
				  Underground storage tank or UST does not refer to any of the tanks listed in
				  Subparagraphs a-j of this definition, nor does it refer to any pipes connected
				  to any of these tanks:
a. farm or residential tanks that have a capacity of 1,100
				  gallons or less and that are used for storing motor fuel for noncommercial
				  purposes;
b. tanks used for storing heating oil except heating oils
				  blended with hazardous waste for consumptive use on the premises where
				  stored;
c. septic tanks;
d. pipeline facilities (including gathering lines) which are
				  regulated under 49 U.S.C. chapter 601;
e. intrastate pipeline facilities regulated under state laws
				  as provided in 49 U.S.C chapter 601, and which are 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;
f. surface impoundments, pits, ponds, or lagoons;
g. storm-water or wastewater collection systems;
h. flow-through process tanks;
i. liquid traps or associated gathering lines directly
				  related to oil or gas production and gathering operations; or
j. storage tanks situated in an underground area (such as a
				  basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is
				  situated upon or above the surface of the floor.
Underground Storage Tank System
or
UST System
or
Tank System
- an underground
				  storage tank, connected underground piping, underground ancillary equipment,
				  and containment system, if any.
Upgrade
- 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
				  release of product.
Wastewater Treatment Tank
- a tank designed
				  to receive and treat an influent wastewater through physical, chemical, or
				  biological methods.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2001 et
				  seq.