La. Admin. Code tit. 33 § XI-103
A. For all purposes of these rules and regulations, the terms defined in this Section shall have the following meanings, unless specifically defined otherwise in LAC 33:XI.1105 or 1303.
Aboveground Release- any release to the surface of the land or to surface water. This includes, but is not limited to, releases from the aboveground portion of a UST system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from a UST system.
Act- the Louisiana Environmental Quality Act, R.S. 30:2001 et seq.
Administrative Authority- the Secretary of the Department of Environmental Quality or his designee or the appropriate assistant secretary or his designee.
Airport Hydrant Distribution System (also called airport hydrant system)-a UST 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.
Ancillary Equipment- any devices used to distribute, meter, or control the flow of regulated substances to and from a UST, including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps.
Belowground Release- any release to the subsurface of the land or to groundwater, including, but not limited to, releases from the belowground portions of a UST system and belowground releases associated with overfills and transfer operations as the regulated substance moves to or from a UST system.
Beneath the Surface of the Ground- beneath the ground surface or otherwise covered with earthen materials.
Cathodic Protection- a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current.
Cathodic Protection Tester-a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, such a 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.
Change-in-Service-the continued use of a UST system to store a nonregulated substance.
CERCLA- the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.
Compatible- 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 UST system under conditions likely to be encountered by the UST system.
Connected Piping- all underground piping, including valves, elbows, joints, flanges, and flexible connectors, attached to a UST system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual UST system, the piping that joins two UST systems should be allocated equally between them.
Consumptive Use- with respect to heating oil, consumption that occurs on the premises.
Containment Sump-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 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).
Corrosion Expert-a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired through 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 National Association of Corrosion Engineers or be a registered professional engineer who has provided evidence to the satisfaction of the administrative authority documenting certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.
De Minimis Concentration-Repealed.
Department- the Department of Environmental Quality as created by R.S. 30:2001 et seq.
Dielectric Material- a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST system (e.g., tank from piping).
Dispenser-equipment located aboveground that dispenses regulated substances from the UST system.
Dispenser System-the dispenser and equipment necessary to connect the dispenser to the UST system.
Electrical Equipment- underground equipment that contains dielectric fluid necessary for the operation of equipment such as transformers and buried electrical cable.
Empty UST System- a UST system from which all materials have been removed using commonly employed practices so that no more than either 2.5 centimeters (1 inch) of residue or 0.3 percent by weight of the total capacity of the UST system, whichever is less, remains in the system.
Excavation Zone- the volume containing the UST system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is installed.
Existing UST System- an underground storage tank system used to contain an accumulation of regulated substances on or before December 22, 1988, or for which installation has commenced on or before December 22, 1988. Installation is considered to have commenced if:
a. the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the UST system; and
b. either a continuous on-site physical construction or installation program has begun or the owner or operator has entered into contractual obligations, that cannot be cancelled or modified without substantial loss, or physical construction at the site or installation of the UST system to be completed within a reasonable time.
Farm Tank- a tank located on a tract of land devoted to the production of crops or raising of animals, including fish, and the associated residences and improvements. A farm tank must be located on the farm property. Farm includes fish hatcheries, rangelands, and nurseries with growing operations.
Field-Constructed Tank-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 that is primarily fabricated in the field is considered field-constructed. Tank-within-a-tank technology tanks are not considered field-constructed tanks.
Flow-Through Process Tank- 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 operation 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.
Free Product- a regulated substance present as a nonaqueous phase liquid (e.g., a liquid not dissolved in water).
Gathering Lines- any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.
Geologist- a person who is a graduate of an accredited institution of higher education who has successfully completed a minimum of 30 semester hours or 45 quarter hours of course work in the science of geology and has in his/her possession a minimum of a baccalaureate degree.
Hazardous Substance UST System- an underground storage tank 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 the department's Hazardous Waste Regulations) or any mixture of such substances and petroleum, and which is not a petroleum UST system.
Heating Oil- petroleum that is Number 1, Number 2, Number 4-light, Number 4-heavy, Number 5-light, Number 5-heavy, and Number 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.
Hydraulic Lift Tank- 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.
Install or Installation-the process of placing a UST system in the ground and preparing it to be put into service. Adding new piping where none existed before at an existing site is considered a renovation and is regulated as an installation.
Liquid Trap- sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants) to collect oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.
Maintenance- the normal operational upkeep undertaken to prevent a UST system from releasing product.
Motor Fuels-all grades of gasoline including but not limited to gasohol, number 1 diesel, number 2 diesel, kerosene, and all aviation fuels. This term shall include new and used motor oil that is used for lubricating engines of motor vehicles. Motor fuels may include, as determined by the secretary, any product, petroleum or petroleum blend, biofuel or any new fuel that may emerge for the propulsion of motor vehicles. However, liquid petroleum (LP) gas, compressed natural gas (CNG), and liquefied natural gas (LNG) shall not be included in this definition of motor fuels.
New UST System- an underground storage tank system that will be used to contain an accumulation of regulated substances and for which installation commenced after December 22, 1988 (see also Existing UST System).
Noncommercial Purposes- with respect to motor fuel, refers to purposes other than for resale.
On Staff - performing services while employed by a response action contractor, for an average of 20 or more hours per week. On staff does not refer to an independent contractor, but to an employee of the response action contractor.
On the Premises Where Stored- with respect to heating oil, refers to UST systems located on the same property where the stored heating oil is used.
Operational Life- the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under LAC 33:XI.Chapter 9.
Operator-any person in control of, or having responsibility for, the daily operation of the UST system regardless if the UST system is active or temporarily closed.
Overfill Release- a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance into the environment.
Owner-
a. the owner of a UST is, for purposes of these regulations:
i. the current owner of the land under which the tank is or was buried;
ii. any legal owner of the tank;
iii. any known operator of the tank;
iv. any lessee;
v. any lessor;
b. if one person defined as an owner complies, it shall be deemed compliance by all persons defined as owners.
Permanent Closure-the process of removing and disposing of a UST system no longer in service, including the process of abandoning such a system in place through the use of prescribed techniques for the purging of vapors and the filling of the vessel with a solid, inert material, the process of properly labeling a tank, and the process of collecting subsurface samples.
Person- an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body. Person also includes a consortium, a joint venture, a commercial entity, and the United States government.
Petroleum UST System- an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. Such systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
Pipe or Piping- a hollow cylinder or tubular conduit that is constructed of non-earthen materials and that routinely contains and conveys regulated substances from a UST to a dispenser or other end-use equipment. Such piping includes any elbows, couplings, unions, valves, or other in-line fixtures that contain and convey regulated substances from the UST to the dispenser. This definition does not include vent, vapor recovery, or fill lines.
Pipeline Facilities (including gathering lines)- new and existing pipe rights-of-way and any associated equipment, facilities, or buildings.
Registered Tank-a UST system for which an owner/operator has filed the required UST registration forms (UST-REG-01 and 02) with the department. After September 20, 2018, a UST system for which the owner/operator has filed the required registration form (UST-REG) with the department.
Registration Certificate-an annual certificate provided to the UST system owner by the department after all current annual fees, all unpaid annual fees, and any late payment fees for the UST system are paid. The current registration certificate also serves as documentation of financial assurance for UST owners that elect the Louisiana motor fuels underground storage tank trust fund as their mechanism for meeting the UST financial assurance requirements of LAC 33:XI.1107.
Regulated Substance-
a. 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 the department's hazardous waste regulations);
b. petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). 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; and
c. any motor fuels as determined by the secretary.
Release- any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a UST system. Releases into the air will be governed by LAC 33:Part III and LAC 33.I.Chapter 39.
Release Detection-determining whether a release of a regulated substance has occurred from a UST system into the environment or a leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.
Renovation-to make nonrepair changes to a UST system, such as replacing existing piping with new piping, installing new piping and additional dispensers at an existing site, and installing new containment sumps at an existing site. Renovations are regulated as installations.
Repair-to restore to proper operating conditions a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment, or other UST system component that has caused or threatens to cause a release of product from the UST system or has failed to function properly.
Replace or Replacement-to remove an existing UST and install a new UST in substantially the same location as the removed tank, or to remove and replace 25 percent or more of underground piping associated with a single UST.
Residential Tank- a tank located on property used primarily for dwelling purposes.
Response Action- any technical services activity or specialized services activity, including but not limited to, assessment, planning, design, engineering, construction, operation of a recovery system, or ancillary services, that is carried out in response to any discharge or release or threatened release of motor fuels into the groundwater, surface waters, or subsurface soils.
Response Action Contractor- a person who has been approved by the department and is carrying out any response action, excluding a person retained or hired by such person to provide specialized services relating to a response action. When emergency conditions exist as a result of a release from a motor fuels underground storage tank, this term shall include any person performing department-approved emergency response actions during the first 72 hours following the release.
SARA- the Superfund Amendments and Reauthorization Act of 1986.
Secondary Containment-a containment system that utilizes an outer or secondary container or impervious liner designed to prevent releases of regulated substances from the primary container from reaching the surrounding environment for a time sufficient to allow for detection and control of the released product. Such systems include, but are not limited to, double-wall tanks and piping, jacketed tanks and piping that have an interstitial space that allows for interstitial monitoring, containment sumps when used for interstitial monitoring of piping, and any other such system approved by the department prior to installation.
Septic Tank- a covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such a receptacle is distributed for disposal through the soil, and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.
Specialized Services- response action activities associated with the preparation of a reimbursement application, laboratory analyses, or any construction activity, construction of trenches, excavations, installing monitoring wells, conducting borings, heavy equipment work, surveying, plumbing, and electrical work that are carried out by a subcontractor hired or retained by a response action contractor in response to a discharge or release or threatened release of motor fuels into the groundwater or subsurface soils.
Storm-Water or Wastewater Collection System- piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water runoff 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- a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with synthetic materials) that is not an injection well.
Tank- a stationary device designed to contain an accumulation of regulated substances and constructed of nonearthen materials (e.g., concrete, steel, plastic) that provide structural support.
Technical Services- activities performed by a response action contractor, including but not limited to, oversight of all assessment field activities; all reporting, planning, and development of corrective action plans and designing of remedial activities; performance of groundwater monitoring and discharge monitoring; performance of operation and maintenance of remedial systems; and oversight of specialized services performed by a subcontractor.
Temporary Closure-the temporary removal from service of a UST (i.e., ceased dispensing product from a UST system). A compartment tank is not considered to be in temporary closure as long as any compartment of the tank is currently active.
Under-Dispenser Containment-a containment system beneath a dispenser designed to prevent releases of regulated substances from the dispenser or contained piping from reaching the surrounding environment for a time sufficient to allow for detection and control of the released product. Such containment shall be liquid-tight on its sides, bottom, and at any penetrations, and shall allow for visual inspection and access to the components in the containment system or be regularly monitored.
Underground Area- an underground room, such as a basement, cellar, shaft, or vault, providing enough space for physical inspection of the exterior of a tank situated on or above the surface of the floor.
Underground Release- any belowground release.
Underground Storage Tank or UST-any one or combination of tanks (including underground pipes connected thereto) used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. Underground storage tank or UST does not refer to any of the tanks listed in Subparagraphs a-j of this definition, nor does it refer to any pipes connected to any of these tanks:
a. farm or residential tanks that have a capacity of 1,100 gallons or less and that are used for storing motor fuel for noncommercial purposes;
b. tanks used for storing heating oil except heating oils blended with hazardous waste for consumptive use on the premises where stored;
c. septic tanks;
d. pipeline facilities (including gathering lines) which are regulated under 49 U.S.C. chapter 601;
e. intrastate pipeline facilities regulated under state laws as provided in 49 U.S.C chapter 601, and which are determined by the secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;
f. surface impoundments, pits, ponds, or lagoons;
g. storm-water or wastewater collection systems;
h. flow-through process tanks;
i. liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; or
j. storage tanks situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.
Underground Storage Tank System or UST System or Tank System- an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.
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.
Wastewater Treatment Tank- a tank designed to receive and treat an influent wastewater through physical, chemical, or biological methods.
La. Admin. Code tit. 33, § XI-103