West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-63 - Aboveground Storage Tanks › Section 47-63-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Unless the
				context in which used clearly requires a different meaning, the definitions
				contained in W. Va. Code §
									22-30-3
				apply to this Rule, in addition to those definitions set forth below:
2.2. "Aboveground storage tank system" means
				an aboveground storage tank as defined by W. Va. Code §
									22-30-3(1),
				its piping, and all its ancillary equipment, including dispensing systems,
				spill containment devices, overfill protection devices, secondary containment
				systems, and any associated release detection equipment, up to the first point
				of isolation.
2.3. "Ancillary
				equipment" means electrical, vapor recovery, access or other systems and
				devices, including, but not limited to: piping, fittings, flanges, sumps,
				valves, and pumps used to distribute, meter, monitor or control the flow of
				fluids to or from a storage tank system.
2.4. "Cathodic protection" means a technique
				that prevents corrosion of a metal surface by converting all the anodic
				(active) sites on the metal surface to cathodic (passive) sites by supplying
				electrical current (or free electrons) from an alternate source.
2.5. "Cathodic protection tester" means a
				person who can demonstrate an understanding of the principles and measurements
				of common types of cathodic protection systems as applied to metal piping and
				tank systems. At a minimum, the 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.
2.6. "Certified API
				Inspector" means an individual who holds a current certification by the
				American Petroleum Institute (API) under the terms of the API 653 or API 570
				certification programs to perform aboveground storage tank inspections and
				piping, respectively.
2.7.
				"Certified STI Inspector" means an individual who holds a current certification
				by the Steel Tank Institute (STI) under the terms of the STI certification
				program to perform Shop-Fabricated aboveground storage tank
				inspections.
2.8. "Certifying
				person" means a person who may sign the annual inspection certification
				pursuant to Section 5.2 of this Rule.
2.9. "Change in service" means any change to
				a registered aboveground storage tank to include, but not be limited to,
				substantive change in contents, relocation, or permanent closure.
2.10. "Combustible Liquid" means any liquid
				that has a closed cup flash point at or above 100 degrees Fahrenheit and below
				200 degrees Fahrenheit as determined by test procedures such as ASTM D 56, ASTM
				D 93, ASTM D 3278, ASTM D 3828 or SW-846 Method 1010.
2.11. "Compartment tank" means a single tank
				that has multiple sections that can contain different substances or separate
				volumes of the same substance.
2.12. "Compatible or compatibility" 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
				AST system under conditions likely to be encountered in the AST
				system.
2.13. "Confirmed release"
				means verification that a substance has been discharged from the AST system
				components into the waters of the State or has escaped from secondary
				containment.
2.14. "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 metal piping systems and metal tanks.
				This person shall be accredited or certified as being qualified by the National
				Association of Corrosion Engineers.
2.15. "Corrosion protection" means the
				protection of metal from deterioration due to corrosion. The deterioration may
				be due to a natural electrochemical reaction between the metal and the soil or
				other electrolyte or because of stray direct currents.
2.16. "Currently in use (CIU)" means that the
				AST is operational and is storing fluids or receiving or dispensing fluids on a
				routine or periodic basis.
2.17.
				"Department" means the West Virginia Department of Environmental
				Protection.
2.18. "Dispenser
				system" means equipment located aboveground that meters the amount of fluids
				transferred to a point of use outside the AST system, such as a motor vehicle.
				This system includes the equipment necessary to connect the dispenser to the
				aboveground storage tank system.
2.19. "Discovery" means either actual
				knowledge or knowledge off acts that could reasonably lead to actual knowledge
				of the existence of an incident, spill, release, discharge or an unmaintained
				aboveground storage tank system or secondary containment structure.
2.20. "Emergency venting" means a tank
				opening designed to relieve excess pressure caused by fire exposure to the
				outside of a tank.
2.21. "Empty"
				means an AST in which all materials have been removed using commonly employed
				practices such that no more than 2.5 centimeters (one inch) of residue, or 0.3
				percent by weight of the total capacity of the AST system remain in the system,
				but in no case will an AST containing 1,320 gallons or more of fluids be
				considered empty.
2.22. "Existing
				AST" means a tank for which physical installation began on or before the
				effective date of this rule.
2.23.
				"Facility" means a site that currently contains, is expected to contain, or
				that has contained an AST system that is situated on the same or geographically
				contiguous property as the AST system, that is under the same ownership or
				control, and that may be divided by a public or private right-of-way or an
				easement. However, oil or gas entities with multiple tanks at various locations
				may consider their or their operator's company office or laydown yard as their
				facility location for purposes of AST registration and financial responsibility
				requirements set forth in section 12 of this Rule.
2.24. "Field-erected storage tank" means an
				AST that is constructed by assembling it at the facility.
2.25. "Flammable Liquid" means any liquid
				that has a closed cup flash point below 100 degrees Fahrenheit as determined by
				test procedures such as ASTM D 56, ASTM D 93, ASTM D 3278, ASTM D 3828, or
				SW-846 Method 1010 and a Reid vapor pressure that does not exceed an absolute
				pressure of 40 pounds per square inch at 100 degrees Fahrenheit as determined
				by ASTM D 323.
2.26. "Imminent
				threat of failure or threatened release" means a condition that creates a
				substantial probability of harm from a potential discharge from the AST system,
				requiring immediate action to prevent, reduce or mitigate the actual or
				potential damages to public health or the environment.
2.27. "Impermeable or impervious" means a
				material of sufficient thickness, density, and composition that it is
				impenetrable or has a permeability that will prevent the discharge to the lands
				or waters of the State of any fluid for a period of at least as long as the
				maximum anticipated time during which the fluid will be in contact with the
				material.
2.28. "Impressed current
				system" means direct current supplied to a cathodic protection
				system.
2.29. "In contact with the
				soil or an electrolyte" means any portion of the AST system that physically
				touches the soil or any electrolyte such as water or which is not indirect
				contact with the soil or electrolyte and is separated from the soil or
				electrolyte only by a casing, wrapping or other material that is not
				waterproof.
2.30. "Internallining"
				means a material that is applied internally to an AST to protect the tank from
				internal corrosion or to meet compatibility requirements.
2.31. "Install" means activities to
				construct, reconstruct, erect or put into service a storage tank, a storage
				tank system or storage tank facility.
2.32. "Interstice" means, in a double-walled
				AST, the space between the primary tank and secondary tank; in a double
				bottomed AST, it means the space or void between the two bottoms; in double
				wall piping, it means the space between the inner and outer pipes. This space
				may be open or closed to the atmosphere and may be monitored or tested by
				vacuum or leak detection equipment or by visual inspection.
2.33. "Interstitial monitoring" means an
				electronic, visual or manual release detection method that is used in double
				walled or double bottom tanks or piping to determine the presence of fluids
				outside of the primary containment and within the interstice.
2.34. "Location, service location or site"
				means a facility as defined in Section 2.23 of this Rule.
2.35. "Leak detection" means electronic,
				visual, manual or mechanical measurement of the contents or other
				characteristics or parameters of an AST that notifies the owner or operator
				that the contents are not being contained within the AST system and that a
				release may have occurred.
2.36.
				"Maintenance" means the normal operational upkeep to prevent an aboveground
				storage tank system or secondary containment structure from releasing fluids in
				an uncontrolled manner.
2.37.
				"Manifolded tanks" means two or more tanks connected by piping that
				collectively contain a similar type of substances and are operated as one tank
				without a first point of isolation between the tanks. The total capacity of
				manifolded tanks shall be calculated and utilized to determine if the AST is
				subject to registration or meets the capacity requirements to be considered a
				Level 1 AST.
2.38. "Major
				modification" means an activity to upgrade, repair, refurbish or restore all or
				any part of an existing AST system, which alters the original design of the AST
				system and may affect the structural integrity of that storage tank
				system.
2.39. "Mobile tank" means
				an AST that is designed and constructed to be moved to different service
				locations, and its relocation is inherent in its use. An AST is not considered
				mobile if the AST is field erected at the site. A mobile tank is not a
				regulated AST unless it has been in one location for three hundred sixty five
				(365) days.
2.40. "New AST" means a
				tank for which physical installation began on or after the effective date of
				this Rule.
2.41. "Nonaqueous phase
				liquid (NAPL)" means a liquid that does not mix easily with water.
2.42. "Normal venting" means a tank opening
				that is provided primarily to relieve excess pressure caused by liquid filling
				a tank and to relieve vacuum that results from liquid being removed from a
				tank. Normal venting also allows equalization of interior and exterior
				pressures associated with atmospheric temperature and pressure
				changes.
2.43. "Operational life"
				means the period beginning when installation of the tank system has commenced
				until the time the tank system is closed in accordance with Section
				11.34.
2.44. "Operational status"
				means the working condition of the AST such as currently in use, nonoperational
				or permanently out of service.
2.45. "Overfill" means a release that occurs
				when a tank is filled beyond its capacity, resulting in a discharge of a fluid
				from an AST to the environment.
2.46. "Permanent closure" means the AST is
				empty, cleaned of all materials and residues, and rendered incapable of holding
				fluid. Tanks that undergo permanent closure are no longer ASTs as defined by
				the Act.
2.47. "Permanently out of
				service (POS)" means an AST that has undergone permanent closure. POS AST
				systems are no longer subject to the provisions of this Rule.
2.48. "Petroleum" means crude oil or refined
				hydrocarbons derived from crude oil such as motor fuels, jet fuels, distillate
				fuel oils, residual fuel oils, lubricants, used oils, and natural gas
				condensate.
2.49. "Pipe" or
				"Piping" means a hollow cylinder or tubular conveyance through which fluids
				flow. It must be constructed of non-earthen materials and in accordance with
				NFPA, API, STI, UL or other nationally recognized piping standards for storage
				tanks.
2.50. "Professional
				engineer" means a person who has been duly registered or licensed as a
				professional engineer by the West Virginia Board of Registration for
				Professional Engineers, as set forth in W. Va. Code §
									30-13-1,
				et seq.
2.51. "Qualified" means
				someone who, by training or education, is knowledgeable and experienced in AST
				design, construction and installation, maintenance of corrosion detection
				equipment, and release prevention and detection equipment, including secondary
				containment structures.
2.52.
				"Reconstruction" means the work necessary to reassemble a storage tank that has
				been dismantled and reassembled at the site or at a new site.
2.53. "Release detection" means the
				determination, through a method or combination of methods, whether an
				accidental release of fluids has occurred from an aboveground storage tank
				system into a secondary containment structure, into the interstitial space
				between the primary tank or piping for a double walled tank or piping system or
				into the environment.
2.54.
				"Release prevention barrier" means a barricade such as steel bottoms, synthetic
				materials, clay liners or concrete pads placed in the bottom of or under a
				tank, which has the function of preventing the escape of released material and
				channeling the released material for leak detection.
2.55. "Repair" means to restore a tank, pipe,
				spill prevention equipment, overfill prevention equipment, corrosion protection
				equipment, release detection equipment or other AST system component that has
				caused a release or a suspected release of a product from the AST system, has
				failed to function properly or is damaged or deteriorated.
2.56. "Risk based inspection (RBI)" means an
				alternative method to performing internal inspections on a set schedule by
				requiring a systematic evaluation of both the likelihood of failure and the
				associated consequences of failure in order to determine a tank specific
				schedule for internal inspection. RBIs must adhere to the requirements set
				forth in API 653 and API RP 580.
2.57. "Sacrificial anode system" means a
				system to control corrosion of a metal surface, which entails installing an
				electrode of an electrochemical cell that will oxidize preferentially to the
				metal surface that has been made the cathode of the electrochemical
				cell.
2.58. "Secretary" means the
				Cabinet Secretary of the Department of Environmental Protection or his or her
				designee.
2.59. "Shop-
fabricated storage tank" means an AST that is constructed at
				  the tank manufacturer's plant and transported wholly to the facility for
				  installation.
2.60.
				"Standard temperature and pressure" means a temperature of sixty-eight degrees
				Fahrenheit (68°F) and an absolute pressure of 1.0 atmosphere.
2.61. "Sufficient freeboard" means adequate
				additional capacity required for the secondary containment structure to contain
				the full capacity of the largest tank within the structure plus precipitation
				if it can collect in the structure. The owner or operator is responsible for
				ensuring that secondary containment structures have capacity to contain the
				contents of the largest tank, assumed to be full, within the secondary
				containment structure, plus sufficient additional capacity for precipitation
				events as determined in accordance with subdivision 10.2.i. of this
				Rule.
2.62. "Sufficiently
				impervious" means a material or structure of enough thickness, density, and
				composition that it will prevent the discharge of fluids to the lands or waters
				of the State for a period of time sufficient to allow removal and disposal of
				the discharged material, but in no case would that time be less than
				seventy-two (72) hours.
2.63.
				"Suspected or threatened release" means a potential exists that an unplanned or
				unintentional discharge of substance from the AST system may have occurred or,
				based upon information obtained from any source, may occur, such as substance
				from the AST observed in the secondary containment structure, testing,
				sampling, monitoring results from a release detection method or observed
				unusual operating conditions of an AST system.
2.64. "Underground vault" means a structure
				that is beneath the surface of the ground and is designed specifically to
				contain an aboveground storage tank. A basement is not considered a
				vault.
2.65. "Underground area"
				means an underground room, such as a basement, cellar or vault that provides
				enough space for physical inspection of the exterior of a tank situated on or
				above the surface of the floor.
2.66. "Upgrade" means the addition or
				retrofit of systems that may include, but may not be limited to, cathodic
				protection, lining or spill and overfill controls to meet a higher, new or
				current standard and improve the ability of an aboveground storage tank system
				to prevent the release of fluids.
2.67. "Unusual operating conditions" means
				conditions not normal in the operation of the AST system, such as the erratic
				behavior of product dispensing equipment, the sudden loss of product from the
				AST system, discovery of holes in a storage tank or its piping or the
				unexplained presence of water in the tank.
2.68. "Vault" means a structure that
				completely encloses the tank and must be constructed of materials compatible
				with the fluids to be contained in the AST.