N.H. Admin. Code § Env-Or 401.03

Current through Register No. 45, November 7, 2024

Section Env-Or 401.03 - Exclusions

The following shall not be subject to regulation under this chapter:

(a) Any UST facility that is used solely for heating a residential building;

(b) Any UST facility at which:

(1) No tank has a storage capacity of more than 1,100 gallons; and

(2) All tanks are used solely for the storage of heating oil for on-premise heating use;

(c) Any storage system where less than 10% of the total volume of the tank(s) and associated piping is below the surface of the ground;

(d) Any storage system that is located in an underground room or vault if:

(1) Each tank and all associated piping are totally above or upon the surface of the floor;

(2) No portion of any tank is covered, surrounded, or buried with soil, stone, or other material; and

(3) All components can be visually inspected;

(e) Any tank or oil water separator that is used in an emergency spill or overflow containment system, provided the tank is emptied at or otherwise taken to a facility that is legally authorized to receive such oil within 48 hours after the emergency use has ended;

(f) Equipment or machinery that contains regulated substances for operational purposes, such as hydraulic lift tanks and electrical equipment tanks;

(g) Oil-transmission pipelines subject to the Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979;

(h) Oil/water separators at wastewater treatment facilities regulated under the Clean Water Act Section 402 or 307(b);

(i) Septic tank systems or floor drain collection tank systems that collect waste for the purpose of segregating the collected wastes from septic systems;

(j) Any flow-through process system that is integral to the operation of equipment, such as manufacturing process equipment, elevators, trash compactors, and vehicle lifts, through which there is a steady, variable, recurring, or intermittent flow of one or more regulated substances during the operation of the equipment, exclusive of any tank(s) or tank system(s) used for the storage of regulated substances prior to their introduction into the production process or for the storage of finished products or by-products from the production process;

(k) Any facility that is regulated under the Atomic Energy Act of 1954 because it contains radioactive material, provided that the UST system meets the installation requirements of 40 CFR 280.11; and

(l) Any UST facility that stores products containing one or more regulated substances in concentrations that are below the applicable allowable drinking water standard for the regulated substance.

N.H. Admin. Code § Env-Or 401.03

(See Revision Note at chapter heading for Env-Or 400) #10393, eff 9-1-13

Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12643, Effective 10/10/2018, Expires 10/10/2028.