020-17 Wyo. Code R. § 17-5

Current through April 27, 2019
Section 17-5 - Definitions

The following definitions supplement those found in W.S. 35-11-103, the "Environmental Quality Act, and W.S. W.S. W.S. 35-11-1415, the "Storage Tank Act of 2007."

(a) "Above ground release" means any release to the surface of the land or to surface water. This includes, but is not limited to, releases from the above ground portion of any regulated storage tank system and above ground releases associated with overfills and transfer operations as the regulated substance moves to or from any regulated storage tank system.

(b) "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 the connected piping has a leak in it.

(c) "ANSI" means the American National Standards Institute 25 West 43rd Street, Forth Floor, New York, NY 10036, telephone: (212) 642-4900.

(d) "API" means the American Petroleum Institute , 1220 L Street NW, Washington, DC 20005, telephone: (202)682-8000.

(e) "AST" means an above ground storage tank as defined by W.S. W.S. W.S. 35-11-1415(a)(xi) which is used by a fuel dealer to dispense gasoline or diesel to the public.

(f) "AST System" means the above ground storage tank and all connected piping.

(g) "ASTM" means the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 (610) 832-9585, (610) 832-9555 (FAX).

(h) "Ancillary equipment" means any devices including, but not limited to such devices as piping, fittings, flanges, valves, and pumps, used to distribute, meter, or control the flow of regulated substances to and from a storage tank.

(i) "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.

(j) "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. "Biodiesel" is interchangeable with Diesel for all purposes of this chapter.

(k) "CAP" means a "corrective action plan" designed to restore a site contaminated by regulated substances from a storage tank release to a condition which is protective of the public health and safety and consistent with published standards found in this chapter.

(l) "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 either galvanic anodes or impressed current.

(m) "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.

(n) "CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

(o) "Compatible" means the ability of two (2) 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.

(p) "Connected piping" means all underground 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 (2) storage tank systems should be allocated equally between them for purposes of determining how much piping is connected to any individual storage tank system.

(q) "Contaminated Site" means a site at which releases from storage tank systems have resulted in concentrations of regulated substances in environmental media which exceed criteria for the protection of human health or the environment.

(r) "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.

(s) "Dielectric material" means 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 underground storage system from each other (e.g., tank from piping).

(t) "Drinking water equivalent level or DWEL" means the maximum concentration of a contaminant established by the Wyoming Department of Environmental Quality, Water Quality Division, 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.

(u) "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 prior to being marketed for fuel. For purposes of this chapter, "Ethanol" will be treated interchangeably with "gasoline."

(v) "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.

(w) "Excavation zone" means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.

(x) "Free product" means a regulated substance that is present as a nonaqueous phase liquid (e.g., liquid not dissolved in water).

(y) "Hazardous substance UST system" means an UST system that contains a hazardous substance listed in Appendix A of this chapter, (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.

(z) "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.

(aa) "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.

(bb) "Licensed Operator" means a human being, employed by the "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.

(cc) "Maintenance" means the normal operational upkeep to prevent a storage tank system from releasing a regulated substance.

(dd) "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.

(ee) "Minimum Site Assessment" or "MSA" means a limited subsurface investigation performed at a storage tank facility to determine whether a regulated substance has been released from a storage tank system(s) which has caused, or is causing, soil and/or ground water contamination that exceeds applicable standards.

(ff) "NACE" means the National Association of Corrosion Engineers 1440 South Creek Drive, P.O. Box 201009, Houston, TX 77216-1009 telephone (281) 228-6200, FAX (281) 228-6300.

(gg) "NFPA" means the National Fire Protection Association, Batterymarch Park, Quincy, MA 02269, telephone: (800)344-3555.

(hh) "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.

(ii) "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.

(jj) "PEI" means the Petroleum Equipment Institute , P O Box 2380, Tulsa, OK 74101, telephone: (918)494-9696.

(kk) "Pipe or piping" means a hollow cylinder or tubular conduit that is constructed of non-earthen materials.

(ll) "RCRA" means the Resource Conservation and Recovery Act of 1984, as amended.

(mm) "Repair" means to restore a tank or storage tank system component that has caused a release of a regulated substance from the storage tank system.

(nn) "STI" means the Steel Tank Institute , 570 Oakwood Road, Lake Zurich, IL 60047, telephone: (847) 438-8265.

(oo) "Statistical Inventory Reconciliation" or "SIR" means a method using statistics as well as simple inventory reconciliation to determine if a tank system is leaking. SIR providers must use a method which has been approved in writing for use in the UST program by the Environmental Protection Agency.

(pp) "Storage Tank" means either a regulated above ground storage tank or an underground storage tank.

(qq) "Substantial modification" means the addition or retrofit (not routine maintenance) of any fundamental portion of a storage tank system which would affect the daily operation of the storage tank system, including, but not limited to, CP, internal or external piping system(s), liners, leak detection equipment, spill and overfill controls, manhole installation, etc., to improve or upgrade the storage tank system. Substantial modifications also include the addition of canopies, new electrical conduits, and other items which may not be directly related to the storage tank system, but where the construction could adversely affect the storage tank system.

(rr) "Upgrade" means the addition or retrofit of some systems such as CP, lining, spill and overfill controls, or secondary containment systems, to improve the ability of a storage tank system to prevent the release of a regulated substance.

(ss) "UST" means underground storage tank.

(tt) "UST system" means an underground storage tank, connected underground piping, underground ancillary equipment, and a containment system, if any.

(uu) "UL" means the Underwriters Laboratories, Inc. , 333 Pfingsten Road, Northbrook, IL 60062, telephone: (631) 271-6200.

(vv) "Wastewater treatment tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

020-17 Wyo. Code R. § 17-5