Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.1 - General Provisions › Rule 17.56.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this chapter and unless otherwise
				  provided, the following terms have the meanings given to them in this rule and
				  must be used in conjunction with those definitions in
				  75-11-203,
				  75-11-302,
				  and
				  75-11-503,
				  MCA.
(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 an UST system or
				tank system and aboveground releases associated with overfills and transfer
				operations as the regulated substances moves to or from an UST system.
(2) "Aboveground storage tank" or
				"AST" means any one or a combination of tanks that is used to contain an
				accumulation of petroleum or petroleum products, and the volume of which is 90%
				or more above the surface of the ground.
(3) "Active tank" means, for the purpose of
				determining operating permit and compliance inspection requirements in
				subchapter 3 and closure requirements in subchapter 7, an underground storage
				tank that is being used, or is capable of being used, for dispensing,
				depositing or storing a regulated substance and is not inactive as defined in
				(31).
(4) "Ancillary equipment"
				means any devices including, but not limited to, such devices as piping,
				fittings, flanges, valves, and pumps used to distribute, meter, or control the
				flow of regulated substances to and from an UST.
(5) "Belowground release" means any release
				to the subsurface of the land and to ground water. 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.
(6) "Beneath the surface of
				the ground" means beneath the ground surface or otherwise covered with earthen
				materials.
(7) "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.
(8)
				"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.
(9) "CERCLA" means the
				Comprehensive, Environmental Response, Compensation, and Liability Act of 1980,
				as amended.
(10) "Closure" or "to
				close" means the process of properly removing or filling in place an
				underground storage tank that is no longer in service.
(11) "Compatible" means 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 tank system under
				conditions likely to be encountered in the UST.
(12) "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.
(13) "Consumptive
				use" with respect to heating oil means consumed on the premises.
(14) "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. Containment sumps may be single walled or secondarily
				contained and may be 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).
(15) "Corrective action"
				means investigation, monitoring, cleanup, restoration, abatement, removal, and
				other actions necessary to respond to a release.
(16) "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.
(17) "Department" means the
				Department of Environmental Quality created by
				2-15-3501,
				MCA.
(18) "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).
(19) "Dispenser" means equipment located
				aboveground that dispenses regulated substances from the UST system.
(20) "Dispenser system" means the dispenser
				and the equipment necessary to connect the dispenser to the underground storage
				tank system.
(21) "Electrical
				equipment" means underground equipment that contains dielectric fluid that is
				necessary for the operation of equipment such as transformers and buried
				electrical cable.
(22) "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.
(23) "Existing tank system" means a tank
				system used to contain an accumulation of regulated substances or for which
				installation has commenced on or before November 3, 1989. 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
(b) either a
				continuous on-site physical construction or installation program has begun, or
				the owner or operator has entered into contractual obligations, which cannot be
				canceled or modified without substantial loss, for physical construction at the
				site or installation of the tank system to be completed within a reasonable
				time.