Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part A - INTRODUCTION › Section 1-5 - Definitions

Current through July 13, 2024
The following definitions supplement those found in the
					 Environmental Quality Act
					 W.S.
					 35-11-103 and
					 W.S.
					 35-11-1415, and federal regulations 40 CFR
					 Part 280.12.
(a) "A4A" means Airlines
				  for America, 1275 Pennsylvania Avenue, NW, Suite 1300, Washington, DC 20004;
				  (202) 626-4000.
(b) "Aboveground
				  release" means any release to the ground surface or to surface water. This
				  includes, but is not limited to, releases from the aboveground portion of any
				  regulated storage tank system and aboveground releases associated with
				  overfills and transfer operations as the regulated substance moves to or from
				  any regulated storage tank system.
(c) "Airport hydrant fuel distribution
				  system" (also called airport hydrant system) means a UST system that 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.
(d) "ALLD" means an
				  automatic line leak detector. This is a device that either restricts the flow
				  through a line or sounds an audible or visible alarm if there is a leak in the
				  connected piping. ALLDs may include mechanical line leak detectors, electronic
				  line leak detectors, or sump sensors.
(e) "Ancillary equipment" means any devices
				  including, but not limited to, piping, fittings, flanges, valves, and pumps,
				  used to distribute, meter, or control the flow of regulated substances to and
				  from a storage tank.
(f) "API"
				  means the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005;
				  (202) 682-8000.
(g) "AST" means an
				  aboveground storage tank as defined by
				  W.S.
				  35-11-1415 that is used by a fuel dealer to
				  dispense gasoline or diesel to the public.
(h) "AST system" means an aboveground storage
				  tank and all connected piping.
(i)
				  "ASTM" means the American Society for Testing and Materials, 100 Barr Harbor
				  Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; (610)
				  832-9500.
(j) "Below ground
				  release" means any release to the subsurface of the land and to groundwater.
				  This includes, but is not limited to, releases from the below ground portions
				  of a storage tank system and below ground releases associated with overfills
				  and transfer operations as the regulated substance moves to or from a storage
				  tank.
(k) "Biodiesel" means a fuel
				  composed of mono-alkyl esters of long fatty chain acids derived from vegetable
				  oils or animal fats, meeting the requirements of ASTM Specification D6751 as
				  referenced in Section 2. "Biodiesel" is interchangeable with diesel for all
				  purposes of this Chapter.
(l)
				  "Biofuel blend" means any regulated substance containing greater than 10
				  percent ethanol or greater than 20 percent biodiesel.
(m) "CAP" means a "corrective action plan"
				  designed to restore a site contaminated by regulated substances from a storage
				  tank release to a condition that is protective of the public health and safety
				  and consistent with published standards found in this Chapter.
(n) "CERCLA" means the Comprehensive
				  Environmental Response, Compensation, and Liability Act of 1980, as
				  Adopted.
(o) "CFR" means Code of
				  Federal Regulations, as revised and published on the dates provided in Section
				  2, and not including any later amendments or editions. Copies of the CFR can be
				  purchased at cost from the publisher: the U.S. Government Printing Office, 732
				  N. Capitol St., NW, Washington, DC 20401, or viewed on the Government Printing
				  Office website.
(p) "Class A
				  Operator" means the individual who has primary responsibility to operate and
				  maintain the tank system in accordance with applicable requirements established
				  by the department. The Class A Operator typically manages resources and
				  personnel, such as establishing work assignments, to achieve and maintain
				  compliance with regulatory requirements. The Class A Operator shall obtain a
				  Class A Operator's license from the department in accordance with requirements
				  established by the department.
(q)
				  "Class B Operator" means the individual who has day-to-day responsibility for
				  implementing applicable regulatory requirements. The Class B Operator typically
				  implements in-field aspects of operation, maintenance, and associated
				  recordkeeping for the tank system. The Class B Operator shall obtain a Class B
				  Operator's license from the department in accordance with requirements
				  established by the department.
(r)
				  "Class C Operator" means the individual responsible for initially addressing
				  emergencies presented by a spill or release from a tank system. The Class C
				  Operator typically controls or monitors the dispensing or sale of regulated
				  substances, e.g., gas station attendants. The Class C Operator shall be trained
				  by the Class A or B Operator for the facility in accordance with requirements
				  established by the department.
(s)
				  "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 storage tank system.
(t)
				  "Connected piping" means all piping including valves, elbows, joints, unions,
				  flanges, and flexible connectors attached to a storage tank system through
				  which regulated substances flow and which routinely contains the regulated
				  substance. The piping that joins two storage tank systems shall be allocated
				  equally between them for purposes of determining how much piping is connected
				  to any individual storage tank system.
(u) "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-wall 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).
(v) "Contaminated site" means a site where
				  release(s) from storage tank systems have resulted in concentrations of
				  regulated substances in environmental media that exceed criteria for the
				  protection of human health or the environment.
(w) "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 shall be accredited or certified as being qualified by the NACE 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.
(x) "Corrosion protection" is a technique to
				  prevent corrosion of a metal surface. Corrosion protection may be provided by
				  sacrificial/galvanic anode cathodic protection systems, impressed current
				  cathodic protection systems, isolation from ground contact, or dielectric
				  materials.
(y) "CP" means cathodic
				  protection, which is a technique to prevent corrosion of a metal surface by
				  making that surface the cathode of an electrochemical cell. CP may be provided
				  by sacrificial/galvanic anodes or impressed current.
(z) "CP tester" means a person who can
				  demonstrate an understanding of the principles and measurements of all common
				  types of CP systems as applied to buried or submerged metal piping and tank
				  systems. At a minimum, such persons shall have education and experience in soil
				  resistivity, stray current, structure-to-soil potential, and component
				  electrical isolation measurements of buried metal piping and storage tank
				  systems.
(aa) "Drinking Water
				  Equivalent Level or DWEL" means the maximum concentration of a contaminant
				  established by the Wyoming Department of Environmental Quality, pursuant to
				  this Chapter or Chapter 8, Water Quality Rules and Regulations, Quality
				  Standards for Wyoming Groundwaters, for which no known or anticipated adverse
				  effects on human health will occur.
(bb) "Emergency" means a situation where
				  replacement or retrofit of ancillary equipment to an existing storage tank
				  system because of a sudden release or existing ancillary equipment failure is
				  essential to continued operation of any facility, and the owner and/or operator
				  can easily and quickly replace or retrofit the equipment to remain in
				  operation.
(cc) "Ethanol" means an
				  alcohol derived from the fermentation of sugar, grain, or other biomass and
				  used as fuel for internal combustion engines. Ethanol is usually denatured
				  using gasoline, petroleum condensate, or some other petroleum product prior to
				  being marketed for fuel. For purposes of this Chapter, "ethanol" will be
				  treated interchangeably with "gasoline."
(dd) "Fiberglass Tank and Pipe Institute,"
				  14323 Heatherfield, Houston, TX 77079-7407; (281) 568-4100.
(ee) "Field-constructed tank" means a tank
				  constructed in the field (i.e., constructed at the site of use). For example, a
				  tank constructed of concrete that is poured in the field, or a steel or
				  fiberglass tank primarily fabricated in the field.
(ff) "Financial responsibility" terms are as
				  defined in
				  40 CFR
				  280.92.
(gg) "Hazardous substance UST system" means
				  an UST 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
				  Subtitle C of the Resource Conservation and Recovery Act of 1984) or any
				  mixture of such substances and petroleum, and which is not a petroleum UST
				  system.
(hh) "Heating oil" means
				  petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No.
				  5-heavy, and No. 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.
(ii) "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, or other similar
				  devices.
(jj) "Implementing agency"
				  means Wyoming Department of Environmental Quality's Storage Tank Program
				  pursuant to the memorandum of agreement with EPA dated August 3,
				  1989.
(kk) "Licensed operator"
				  means a person, employed by the facility owner and or operator, who is in
				  responsible charge of the storage tanks at one or more locations. "Licensed
				  operator" refers to the holder of any of the licenses referred to in Section 46
				  of this Chapter.
(ll) "Maintenance"
				  means the normal operational upkeep to prevent a storage tank system from
				  releasing a regulated substance.
(mm) "Maximum Contaminant Level or MCL" means
				  the maximum allowed concentration of a contaminant established by the U.S.
				  Environmental Protection Agency under the Safe Drinking Water Act and published
				  in 40 CFR Part 141.
(nn) "Minimum
				  Site Assessment or MSA" means a limited subsurface investigation performed at a
				  storage tank facility to determine if a regulated substance has been released
				  from a storage tank system(s) and has caused, or is causing, soil and/or
				  groundwater contamination that exceeds applicable standards.
(oo) "NACE" means the National Association of
				  Corrosion Engineers, 15835 Park Ten Place, Houston, TX 77084; (281)
				  228-6200.
(pp) "National Leak
				  Prevention Association," 75-4 Main Street, Suite 300, Plymouth, NH 03264; (815)
				  301-2785.
(qq) "NFPA" means the
				  National Fire Protection Association, Batterymarch Park, Quincy, MA 02269;
				  (800) 344-3555.
(rr) "Operating
				  facility" means a gas station actively selling fuel to the public, a fleet
				  fueling facility used to actively fuel fleet vehicles, or a facility where
				  emergency power generators are being used. "Operating facility" does not
				  include any other type of facility, such as a car wash or other business that
				  does not routinely sell fuel to the public, or is not routinely used for fleet
				  fueling, or is not routinely used for emergency power generation. A facility
				  that has not been used to sell fuel to the public, or fuel fleet vehicles, or
				  power emergency generators for a period of 12 months or more is not considered
				  an "operating facility."
(ss)
				  "Operational life" means the period beginning when installation of the storage
				  tank system has commenced until the time the storage tank system is properly
				  closed under Part G.
(tt) "Overfill
				  release" means a release that occurs when a storage tank system is filled
				  beyond its capacity resulting in a discharge of the regulated substance to the
				  environment.
(uu) "PEI" means the
				  Petroleum Equipment Institute, P.O. Box 2380, Tulsa, OK 74101; (918)
				  494-9696.
(vv) "Regulated
				  substance" means 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 Subtitle C).
				  Further, petroleum, including crude oil or any fraction thereof that is liquid
				  at standard conditions of temperature and pressure (60 degrees F and 14.7 psi
				  absolute) is a regulated substance. 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.
(ww) "RCRA" means the
				  Resource Conservation and Recovery Act of 1984, as Adopted.
(xx) "Repair" means to restore to proper
				  operating condition a tank, pipe, spill prevention equipment, overfill
				  prevention equipment, corrosion protection equipment, release detection
				  equipment, or other storage tank system component that has caused a release of
				  a regulated substance from the storage tank system or has failed to function
				  properly.
(yy) "Replaced" means:
(A) Tank replacement: to remove a tank and
				  install another tank.
(B) Piping
				  replacement: For tanks with multiple piping runs, this definition applies
				  independently to each piping run. Piping replacement means to remove 50 percent
				  or more of piping and install other piping, excluding connectors, connected to
				  a single tank except:
1) piping connected to
				  field-constructed underground storage tank systems with a capacity exceeding
				  50,000 gallons or piping that is used for an airport hydrant system, or
2) if existing single-wall
				  underground piping connected to a storage tank system fails due to corrosion or
				  fails and has been recalled by the manufacturer, the entire run of single-wall
				  piping shall be replaced with double-wall piping with interstitial monitoring
				  regardless of the length of piping requiring repair.