Definitions

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 on- site. 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. 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 (60̊ 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 100̊ F and less than 140̊ F (solely through use) remains subject to regulation as used waste oil under 310 CMR 30.000: Hazardous Waste.