Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 80.00 - Underground Storage Tank Systems › GENERAL PROVISIONS › Section 80.03 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				  310 CMR 80.00, the following
				  terms shall have the following meanings:
Abandoned
means an UST system that
				  is not in operation for a continuous period of at least one year and is not
				  temporarily out-of-service in accordance with
				  310
				  CMR 80.42 and is not in full compliance with
				  the applicable requirements of
				  310 CMR 80.00.
Airport Hydrant Fuel Distribution
				  System
(also called airport hydrant system) means an UST system
				  which supplies fuel to 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 fuel
				  carrier.
Automatic Line Leak Detector
means a
				  mechanical or electronic device, but not a sump sensor, designed to detect
				  regulated substance or pressure losses in a pressurized product line of a
				  pressurized pumping system and that automatically restricts or shuts off flow
				  in a pressurized piping system. All automatic line leak detectors shall be able
				  to detect a leak of three gallons per hour at one pound per square inch line
				  pressure within one hour with a 95% probability of detection and a 5%
				  probability of false alarm. At UST facilities that are staffed 24 hours per
				  day, seven days per week, 365 days per year, an automatic line leak detector
				  may be a continuous alarm that alerts staff when there is regulated substance
				  or pressure loss in a pressurized product line of a pressurized pumping
				  system.
Business Day
means a day of the week
				  that the Department is open for business.
Cathodic Protection or Cathodic Protection
				  System
means a technique which inhibits the corrosion of a UST
				  system either through sacrificial or galvanic anode or impressed
				  current.
Cathodic Protection Tester
means a
				  person who is certified as follows:
(a) Certified at least at level CP1 - Cathodic Protection
				  Tester by NACE: The Corrosion Society; or
(b) Certified as a Cathodic Protection Tester by the Steel
				  Tank Institute (STI); or
(c) Certified in the UST Cathodic Protection category by the
				  International Code Council (ICC).
CERCLA
means the Comprehensive
				  Environmental Response Compensation and Liability Act of 1980,
				  42
				  U.S.C. §
										9601
et
				  seq
.
Certified UST System Tightness
				  Tester
means a person certified by the manufacturer of the testing
				  equipment to test UST systems using only the testing equipment on which they
				  are certified.
Change-in-product
means changing the
				  type of product in a UST system from a regulated substance to another regulated
				  substance or to a non-regulated substance. Changing from one grade of gasoline
				  to a different grade of gasoline is not a change-in-product.
Commissioner
means Commissioner of
				  the Department of Environmental Protection.
Commonwealth
means the Commonwealth
				  of Massachusetts.
Compatible
means that two or more
				  substances maintain their respective physical and chemical properties upon
				  contact with one another under conditions encountered within or around an
				  underground storage tank system for the design life of that system.
Consumptive Use
means storing fuel
				  oil exclusively for area heating and/or the heating of domestic water on the
				  premises where stored. Waste oil used for heating is not considered consumptive
				  use.
Continuous Monitoring
means the use
				  of a device capable of automatic, uninterrupted and unattended
				  surveillance.
Corrosion Expert
means a person who
				  is accredited or certified as being qualified by NACE International as a
				  Cathodic Protection Specialist or Corrosion Specialist. The corrosion expert
				  shall follow applicable NACE International criteria.
Corrosion Protection
means the use
				  of a technology, material, or method of construction to prevent any metallic
				  component of a UST system from corroding (
e.g
., cathodic
				  protection or the use of fiberglass-reinforced plastic or other polymer resins
				  when constructing tanks or piping).
Department
means Massachusetts
				  Department of Environmental Protection.
Dispenser Sump
means an impermeable,
				  liquid-tight basin installed beneath a regulated substance dispenser to contain
				  leakage of regulated substance from the dispenser connections and
				  piping.
Double-walled
means a container or
				  pipe with two complete shells which provide primary and secondary containment.
				  The container shall have a continuous interstitial space between the primary
				  and secondary shell.
Emergency Spill or Overflow Containment UST
				  System
means a tank used solely to contain accidental spills of a
				  regulated substance which are unanticipated and unpredictable.
Emergency Engine
means any
				  stationary internal combustion engine which operates as an emergency or standby
				  mechanical or electrical power source. A load shaving unit, peaking power
				  production unit or a standby engine in an energy assistance program is not an
				  emergency or standby engine under
Emergency
				  Engine
.
Empty
or
Emptied
means when all regulated substance has been
				  removed from a tank using commonly employed practices so that no more than 2.5
				  centimeters (one inch) of residue, or 0.3% by weight of the total capacity of
				  the tank, remains in the tank.
European Suction System
means an
				  underground suction piping system which is sloped back to the tank and is
				  equipped with only one check valve that is installed immediately below the pump
				  so that the contents of the piping will drain back into the tank if there is a
				  breach in the piping and the suction is released.
Farm
means an operation engaged in
Agriculture
or
Farming
as
				  defined in M.G.L. c. 128, § 1A.
Field-constructed Tank
means an
				  underground tank primarily fabricated and/or constructed onsite.
Flow-through Process Tank
means 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
				  operations 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.
Fuel Oil
means any hydrocarbon oil
				  as specified by the
American Society of Testing and Materials (ASTM)
				  Standard D396 90, Specification for Fuel Oil
.
Hazardous Substances
means regulated
				  substances as defined in § 101(14) of CERCLA and 40 CFR Part 302.
				  (
Hazardous Substances
does not include any substance
				  regulated as a hazardous waste under Subtitle C of RCRA and 40 CFR Part
				  261).
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 or equipment.
Intermediate Sump
means an
				  impermeable, liquid-tight basin, installed below grade to allow access to
				  fittings and regulated substance piping or that is used to allow piping
				  declines to tanks or to provide access at key points in the piping system.
Intermediate Sumps
shall be designed to cotain leakage
				  of regulated substance and fluids and prevent a release into the environment.
Intermediate Sumps
do not include sumps that have only
				  a single-walled siphon bars with no connections within the sump or only contain
				  a European suction system, or sumps that do not contain any regulated substance
				  piping connections.
Interstitial Monitoring
means the
				  continuous surveillance of the space between the walls of a double-walled tank
				  or double-walled piping.
Interstitial Space
means the space
				  between the primary and secondary barriers of a secondarily contained system
				  (
e.g
., the space between the two walls of a double-wall
				  tank).
Leakage
means the escape of
				  regulated substance from a UST system into a UST component not intended to
				  store regulated substance including, but not limited to, interstitial spaces, a
				  turbine sump, intermediate and dispenser sumps and containment areas.
Leak Detection
means determining
				  whether a release or leakage of a regulated substance has occurred from the UST
				  system.
Lining or Lined
means a liquid-tight
				  non-corrodible material that is bonded firmly to the interior surface of a tank
				  and that is compatible with any regulated substance stored in the tank.
Listed
if referring to equipment or
				  materials means a list published by a nationally recognized organization,
				  including, but not limited to American Petroleum Institute (API), Steel Tank
				  Institute (STI), Petroleum Engineering Institute (PEI), Underwriters
				  Laboratories, Inc. and NACE: The Corrosion Society concerned with product
				  evaluation, that maintains periodic inspection of production of listed
				  equipment or materials and whose listing states either that equipment or
				  materials meet appropriate standards or have been tested and found suitable for
				  use in a specific manner.
Manufacturer's Specifications
mean
				  information provided or prescribed by the manufacturer of a UST system or UST
				  component including, but not limited to, manuals, instructions, checklists,
				  testing requirements and maintenance requirements.
Monitoring Device
means an
				  instrument that checks and keeps data and issues alerts and alarms.
NACE
means NACE International, a
				  globally recognized authority on corrosion control solutions.
Non-European Suction System
means a
				  piping system that conveys regulated substance under suction with a check valve
				  in or at the top of the tank located so that the regulated substance stays in
				  the line when the suction is released.
Operator
means:
(a) In the case of a UST system in use on November 8, 1984,
				  or brought into use after that date, any person in control of, or having
				  responsibility for, the daily operation of a UST system used for the storage,
				  use, or dispensing of regulated substances; or
(b) In the case of any UST system in use before November 8,
				  1984, but not in use at any time on or after that date, any person who owns the
				  land on or in which such tank is or was located.
Out-of-use
means a UST system that
				  has been taken temporarily out-of-service in accordance with
				  310
				  CMR 80.42, but has exceeded the five year
				  limitation.
Owner
means:
(a) In the case of a UST system in use on November 8, 1984,
				  or brought into use after that date, any person who owns a UST system used for
				  the storage, use, or dispensing of regulated substances; or
(b) In the case of any UST system in use before November 8,
				  1984, but not in use at any time on or after that date, any person who owned
				  such tank immediately before the discontinuance of such use.
Person
means any individual, trust,
				  firm, joint stock company, corporation (including a government corporation),
				  partnership, association, the United States Government, state, municipality,
				  commission, political subdivision of a state, interstate body, consortium,
				  joint venture or commercial entity.
Pipe, Piping
or
Line
means the hollow cylinder or the tubular conduit
				  that is constructed of non-earthen materials.
Pressurized Piping System
means a
				  pressurized line system in which regulated substances are supplied to a point
				  away from the tank by means of a pumping unit.
P.S.I.
means pounds per square
				  inch.
Prior to Commencing Operation
means
				  before the UST system or UST component is used for its intended purpose after
				  installation or repair, or after being temporarily out-of-service.
RCRA
means the Solid Waste Disposal
				  Act,
				  42 U.S.C. §
										6901
et seq
., as revised by
				  the Resource Conservation and Recovery Act, Pub. L. 94-580, 90 Stat. 2795
				  (1976).
Red Tag
means a tag, device or
				  mechanism affixed on the UST systems' fill pipes by the Department that clearly
				  identifies a tank as ineligible for regulated substance delivery.
Regulated Substance
means:
(a) Any substance defined in § 101(14) of CERLA.
				  Regulated substance also includes waste oil, but does not include any other
				  substance regulated as a hazardous waste under M.G.L. c. 21C; and
(b) Petroleum, including crude oil or any fraction thereof
				  which is liquid at standard conditions of temperature and pressure (60°F
				  and 14.7 p.s.i. absolute).
Regulated Substance Deliverer
means
				  any person who delivers or deposits regulated substance into a UST system.
Regulated Substance Deliverer
includes, but is not
				  limited to, oil companies, jobbers, petroleum transportation companies, or
				  other product delivery entities.
Regulated Substance Piping
means
				  piping that conveys regulated substance.
Release
means any spilling, leaking,
				  emitting, discharging, escaping, leaching, or disposing from a UST system or
				  UST component into the ground water, surface water, surface soil or subsurface
				  soil.
Repair
means any modification to the
				  UST system or a UST component that is not routine maintenance including, but
				  not limited to, modifications to the UST system or a UST component that has
				  failed to function properly or has caused a release or leakage, and that
				  restores the UST system to proper operating condition.
Replace
or
Replacement
means the removal of existing tank or
				  piping or an existing UST component and installation of another tank, piping or
				  UST component. If part of the piping is being replaced, "replace" or
				  "replacement" means removal and installation of more than 50% of the piping
				  connected to a single UST system.
Residential
means buildings or
				  dwellings used primarily for human habitation, but not industrial and
				  commercial structures.
Routine Maintenance
means the normal
				  operational upkeep of an UST system or UST component.
Secondary Containment
means a
				  release prevention system for a tank and/or piping where the tank and/or piping
				  have an inner and outer barrier with a space in-between these two barriers for
				  monitoring. Lining a tank or piping shall not constitute secondary
				  containment.
Septic Tank
means a watertight
				  receptacle to receive sewage from a building sewer which is designed and
				  constructed to allow for the separation of scum and sludge and the partial
				  digestion of organic matter before discharge of the liquid portion to a soil
				  absorption system or other intermediate structure in the treatment
				  sequence.
Shear
,
Crash
or
Impact Valve
means a
				  listed, rigidly-anchored valve incorporating a fusible link or other thermally
				  actuated device designed to close automatically in the event of a severe impact
				  or exposure to fire.
Siphon Line
means regulated
				  substance piping that connects two tanks and is used to draw regulated
				  substance from one tank into the other to maintain equal levels of regulated
				  substance in each tank.
Spill Bucket
means a containment
				  device at the fill port used to catch, accumulate and prevent the release of
				  regulated substance to the environment.
Statistical Inventory Reconciliation
				  (SIR)
means a process of evaluating the various sources of errors
				  present in daily inventory records and capable of detecting a release or
				  leakage from the UST system, including associated piping, of 0.20 gallons per
				  hour with the probability of detection of 0.95 and probability of false alarm
				  of 0.05 as determined by an independent testing laboratory using the U.S.
				  Environmental Protection Agency's standardized test procedures at EPA
				  510-B-1-004, May 2019 or equivalent.
Storm Water or Wastewater Collection
				  System
means tank, 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.
Surface Impoundment
means 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
means an underground structure
				  that contains regulated substance.
Tank
shall not
				  include any of the following:
(a) Any septic tank;
(b) Any pipeline facility, including gathering lines, which
				  is regulated under:
1. the Natural Gas Pipeline Safety Act of 1968;
2. the Hazardous Liquid Pipeline Safety Act of 1979;
(c) Any surface impoundment, pit, pond, or lagoon;
(d) Any storm water or waste water collection system;
(e) Any flow through process tank;
(f) Any liquid trap or associated gathering lines directly
				  related to oil or gas production and gathering operations; or
(g) Any storage tank situated in an underground area,
				  including without limitation, a basement, cellar, or mineworking drift, shaft
				  or tunnel, if the storage tank is situated upon or above the surface of the
				  floor, and all sides of the tank are accessible and visible.
Temporarily Out-of-service
means the
				  temporary closure of a UST system for not more than five years that occurs when
				  the UST system has been prepared for temporary closure and is maintained during
				  such temporary closure in accordance with
				  310
				  CMR 80.42(4)  and the Owner
				  informs the Department of the temporary closure in accordance with
				  310
				  CMR 80.42(2).
Third-party Inspector
means an
				  individual certified to conduct third-party inspections in accordance with
				  310 CMR
				  80.49(4).
Third-party Inspection Report
means
				  the report prepared by the Third-party Inspector after completion of the
				  third-party inspection in accordance with
				  310 CMR
				  80.49(2).
Turbine Sump
means an impermeable,
				  liquid-tight basin that contains a submersible pump installed below grade to
				  allow access to piping, pumps, fittings and valves or to collect leakage of
				  regulated substance to prevent its introduction into the environment.
UST Component
means equipment
				  serving the tank and piping (UST system) including, but not limited to, pumps,
				  sumps, electrical devices, consoles, cathodic protection system, leak detection
				  system, spill prevention equipment and overfill prevention equipment.
Underground Storage Tank (UST)
				  Facility
or
Facility
means the property
				  on which one or more UST systems, associated UST components, and related
				  above-ground structures are located.
Underground Storage Tank (UST)
				  System
means any one or combination of tanks including, without
				  limitation, underground pipes connected thereto, and any containment system
				  that is or was used to contain regulated substance, or is temporarily
				  out-of-service, and the volume of which, including the volume of underground
				  pipes connected thereto, is 10% or more beneath the surface of the ground.
Underground Storage Tank (UST) System
shall not
				  include any of the following tanks or any pipes connected to any of the
				  following:
(a) Any septic tank;
(b) Any pipeline facility, including gathering lines, which
				  is regulated under 49 U.S.C. c. 601; or
(c) Any surface impoundment, pit, pond, or lagoon; or
(d) Any storm water or waste-water collection system;
				  or
(e) Any flow through process tank; or
(f) Any liquid trap or associated gathering lines directly
				  related to oil or gas production and gathering operations; or
(g) Any storage tank situated in an underground area
				  including, without limitation, a basement, cellar, or mineworking drift, shaft
				  or tunnel, if the storage tank is situated upon or above the surface of the
				  floor, and all sides of the tank are accessible and visible.
UST Facility Compliance Date
means
				  the triennial date by which an Owner or Operator shall ensure that a
				  third-party inspection is completed and the third-party inspection report is
				  submitted to the Department, as further defined in
				  310 CMR
				  80.49.
Waste Oil
means used or unused waste
				  oil (or any mixture thereof) that is not otherwise hazardous pursuant to
				  310 CMR
				  30.120 through
				  30.136,
				  except that used waste oil with a flash point greater than or equal to
				  100°F and less than 140°F (solely through use) remains subject to
				  regulation as used waste oil under 310 CMR 30.000:
Hazardous
				  Waste
.