South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:56 - Storage facilities - Remediation › Chapter 74:56:01 - Underground storage tanks (UST) › Section 74:56:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Aboveground release," any release to the surface of the land
  or to surface water, including a release from the aboveground portion of an
  underground storage tank system and releases associated with overfills and
  transfer operations during deliveries of regulated substances to or dispensing
  them from an UST system;
(2)
  "Airport hydrant fuel distribution system," means an underground storage tank
  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;
(8) "CERCLA," means
  the Comprehensive Environmental Response, Compensation, and Liability Act of
  1980, as amended;
(9) "Class A
  operator," means the individual who has primary responsibility to operate and
  maintain the UST system in accordance with applicable requirements established
  by the implementing agency. The Class A operator typically manages resources
  and personnel, such as establishing work assignments, to achieve and maintain
  compliance with regulatory requirements;
(10) "Class B operator," means the individual
  who has day-to-day responsibility for implementing applicable regulatory
  requirements established by the implementing agency. The Class B operator
  typically implements in-field aspects of operation, maintenance, and associated
  recordkeeping for the UST system;
(11) "Class C operator," means the individual
  responsible for initially addressing emergencies presented by a spill or
  release from an UST system. The Class C operator typically controls or monitors
  the dispensing or sale of regulated substances;
(12) "Coated steel," the application of a
  coating of a dielectric material that is compatible with the material in the
  metal and that separates the exterior surface of the metal from the
  environment;
(13) "Compatible," the
  ability of two or more substances to maintain their respective physical and
  chemical properties upon contact with one another for extended periods of time
  and under varied environmental conditions, i.e., at different
  temperatures;
(14) "Community water
  system," a public water system that serves at least 15 service connections used
  by year-round residents or regularly serves at least 25 year-round
  residents;
(15) "Connected piping,"
  all underground piping including valves, elbows, joints, flanges, and flexible
  connectors attached to a tank system through which regulated substances
  flow;
(16) "Consumptive use,"
  heating oil burned on the premises;
(17) "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 located at the top of 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);
(18) "Corrosion expert," a person who,
  because of the person's knowledge of the physical sciences and the principles
  of engineering and mathematics, which was 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
  and is certified as being qualified by the National Association of Corrosion
  Engineers (NACE) or is 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;
(19) "Department," means the Department of
  Environment and Natural Resources;
(20) "Dispenser," any equipment that is used
  to control transfer of regulated substances out of the regulated UST system to
  an unregulated point of use, such as a vehicle;
(21) "Dispenser system," means the dispenser
  and the equipment necessary to connect the dispenser to the underground storage
  tank system;
(22) "Electrical
  equipment," underground equipment which contains dielectric fluid which is
  necessary for the operation of equipment such as transformers and buried
  electrical cable;
(23) "Excavation
  area," the area 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;
(24) "Existing tank system," a tank system
  that is used to contain an accumulation of regulated substances or for which
  installation has commenced on or prior to November 30, 1987;
(25) "Farm tank," a tank located on a farm,
  which is a tract of land devoted to the production of crops or raising of
  animals, including fish, with its associated residences and improvements, and
  includes fish hatcheries, rangeland, and nurseries with growing
  operations;
(26) "Field constructed
  tank," means 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
  primarily fabricated in the field is considered field-constructed;
(27) "Flow-through process tank," a tank that
  forms an integral part of an industrial or commercial process through which
  there is a steady or uninterrupted flow of materials during the operation of
  the process;
(28) "Free product," a
  regulated substance in the nonaqueous phase (liquid not dissolved in
  water);
(29) "Gathering lines," any
  pipeline, equipment, facility, or building used in the transportation of oil or
  gas during oil or gas production or gathering operations;
(30) "Groundwater," waters of the
  state;
(31) "Hazardous substance
  tank system" or "hazardous substance UST," an underground storage tank system
  that contains a hazardous substance defined in § 101(14) of the
  Comprehensive Environmental Response, Compensation and Liability Act of 1980 as
  amended to July 1, 2008, other than any substance regulated as a hazardous
  waste under Subtitle C of the Solid Waste Disposal Act of 1984 (RCRA), as
  amended to July 1, 2008, or a mixture of such substances and petroleum, but
  which is not a petroleum UST system as defined in this section;
(32) "Heating oil," a type of fuel oil that
  is one of eight technical grades; a fuel oil substitute such as kerosene or
  diesel when it is used for heating purposes;
(33) "Hydraulic lift tank," a tank holding
  hydraulic fluid for a closed-loop mechanical system that uses compressed air
  and hydraulic fluid to operate lifts, elevators, and similar devices;
(35) "Interstitial monitoring," a leak
  detection method which entails the surveillance of the space between an UST
  system's walls and the secondary containment system for a change in steady
  state conditions;
(36) "Inventory
  controls," techniques used to identify a loss of product that are based on
  volumetric measurements in the tank and reconciliation of those measurements
  with product delivery and withdrawal records;
(37) "Liquid trap," 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, temporarily collecting liquids for
  subsequent disposition or reinjection into a production or pipeline stream, or
  collecting and separating liquids from a gas stream;
(38) "Maintenance," means the normal
  operational upkeep to prevent an underground storage tank system from releasing
  product;
(39) "Motor fuel," a
  petroleum-based fuel used in the operation of an engine that propels a vehicle
  for transportation of people or cargo;
(40) "New tank system," an UST system for
  which installation commences after
November 30, 1987
;
(41) "Noncommercial purposes," motor fuel
  that is not for resale;
(42) "On
  the premises where stored," heating oil UST systems that are located on the
  same property where the stored heating oil is used;
(43) "Operational life," the period beginning
  from the time when the installation of the tank system is commenced until it is
  closed under §
									74:56:01:54;
(44) "Operator," any person in control of, or
  having responsibility for, the daily operation of the UST system;
(45) "Overfill release," a release that
  occurs when a tank is filled beyond its capacity, resulting in a discharge of
  the regulated substance to the environment;
(46) "Owner," any person who owns or operates
  an UST system used for storage, use, or dispensing of regulated substances in
  use on November 8, 1984, or brought into use after that date; and any person
  who owned or operated an UST immediately before the discontinuation of its use
  in the case of any UST system in use before November 8, 1984;
(47) "Person," an individual, trust, firm,
  joint stock company, federal agency, corporation, state, municipality,
  commission, political subdivision of a state, interstate body, consortium,
  joint venture, commercial entity, or the United States government;
(48) "Petroleum," crude oil, crude oil
  fractions, and refined petroleum fractions, including gasoline, kerosene,
  heating oils, and diesel fuels;
(49) "Petroleum tank system," "petroleum
  UST," an UST system that contains an accumulation of petroleum or a mixture of
  petroleum with de minimis quantities of other regulated substances;
(50) "Petroleum underground storage tank," a
  tank containing a regulated substance;
(51) "Pipeline facilities (including
  gathering lines)," new and existing pipe rights-of-way and any equipment,
  facilities, or buildings regulated under the Natural Gas Pipeline Safety Act of
  1968 (49 U.S.C. App. 1672, et seq.), the Hazardous Liquid Pipeline Safety Act
  of 1979 (49 U.S.C. App. 2002, et seq.), all as amended to July 1, 2008, or an
  intrastate pipeline facility regulated under state laws comparable to the
  provisions of federal law cited in this definition;
(52) "Positive sampling, test, or monitoring
  results," the results of sampling, testing, or monitoring that indicates a
  release from an UST system has occurred;
(53) "Potable drinking water well," any hole
  (dug, driven, drilled, or bored) that extends into the earth until it meets
  ground water that supplies water for a noncommunity public water system or
  otherwise supplies water for household use (consisting of drinking, bathing,
  and cooking, or other similar uses);
(54) "Regulated substance," any substance
  defined in § 101(14) of CERCLA 1980, as amended to July 1, 2008, but not
  including any substance regulated as a hazardous waste under Subtitle (C);
  petroleum, including crude oil or any fraction thereof which is liquid at
  standard conditions of temperature and pressure;
(55) "Release," any spilling, leaking,
  emitting, discharging, escaping, leaching, or disposing from an underground
  storage tank into groundwater, surface water, or subsurface soils;
(56) "Release detection," determining whether
  a release of a regulated substance has occurred from the UST system into the
  environment or into the interstitial area between the UST system and a
  secondary barrier around it;
(57)
  "Repair," to restore to proper operating condition a tank, pipe, spill
  prevention equipment, overfill prevention equipment, corrosion protection
  equipment, release detection equipment or other UST system component that has
  caused a release of product from the UST system or has failed to function
  properly;
(58) "Replaced," (1) For
  a tankto remove a tank and install another tank. (2) For pipingto remove 50
  percent or more of piping and install other piping, excluding connectors,
  connected to a single tank. For tanks with multiple piping runs, this
  definition applies independently to each piping run;
(59) "Residential tank," a tank located on
  property used primarily for dwelling purposes;
(60) "Secondary containment," a release
  prevention and release detection system for an underground tank or piping or
  both. The release prevention part of secondary containment is an underground
  tank or piping having an inner and outer barrier. Between these two barriers is
  a space for monitoring. The release detection part of secondary containment is
  a method of monitoring the space between the inner and outer barriers for a
  leak or release of regulated substances from the underground tank or piping.
  Secondary containment must contain regulated substances released from the tank
  system until they are detected and removed and must prevent the release of
  regulated substances to the environment at any time during the operational life
  of the underground storage tank system;
(61) "Septic tank," a water-tight covered
  receptacle designed to receive or process, through liquid separation or
  biological digestion, the sewage discharged from a building, whose effluent is
  distributed for disposal through the soil and whose settled solids and scum are
  pumped out periodically and hauled to a treatment facility;
(62) "Stormwater or wastewater collection
  system," 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;
(63) "Sump," any pit or reservoir that meets
  the definition of tank, including troughs or trenches connected to it, that
  serves to temporarily collect regulated substances;
(64) "Surface impoundment," 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
  designated to hold an accumulation of regulated substances and that is not an
  injection well;
(65) "Surface
  water," waters of the state;
(66)
  "Tank," a stationary device designed to contain an accumulation of regulated
  substances that is constructed of nonearthen materials, such as concrete,
  steel, or plastic, that provide structural support;
(67) "Tightness testing," a procedure for
  testing the ability of a tank system to prevent an inadvertent release of any
  stored substance into the environment or, in the case of an UST system,
  intrusion of groundwater into the tank system;
(68) "Training program, "any program that
  provides information to and evaluates the knowledge of a Class A, Class B, or
  Class C operator through testing, practical demonstration, or another approach
  acceptable to the department regarding requirements for UST systems;
(69) "Under-dispenser sump," containment
  underneath a dispenser that prevents leaks from the dispenser from reaching
  soil or ground water;
(70)
  "Underground area," 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;
(71) "Underground release," any below ground
  release;
(72) "Under-dispenser
  sump," means containment underneath a dispenser system designed to prevent
  leaks from the dispenser and piping within or above the under-dispenser sump
  from reaching soil or groundwater;
(73) "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;
(74) "UST," underground storage
  tank;
(75) "UST system" or "tank
  system," an underground storage tank and its associated ancillary equipment and
  containment system;
(76)
  "Unsaturated zone," the subsurface zone containing water under pressure less
  than that of the atmosphere, including water held by capillary forces within
  the soil and containing air or gases generally under atmospheric pressure,
  limited above by the ground surface and below by the upper surface of the zone
  of saturation, i.e., the water table;
(77) "Wastewater treatment tank," a tank that
  is part of a wastewater treatment facility regulated under either Section 402
  or 307(b) of the Clean Water Act (1972), as amended to July 1, 2008, and which
  receives and treats or stores an influent wastewater which contains regulated
  substances.
General Authority:
SDCL
		34A-2-93,
		34A-2-99.
Law Implemented:
SDCL
		34A-2-98,
		34A-2-99.