Section 170.400  Definitions

 

"Abandonment-in-place" is the permanent placement of a UST in an inoperative condition by filling it with inert material in accordance with Section 170.670.

 

"American suction" is any suction system other than European, and requires a tightness test every 3 years.

 

"Bulk storage" means the containment in a UST or aboveground storage tank of a regulated substance for direct transference for purposes of distribution into a tank vessel, pipeline, tank car, tank vehicle, portable tank or container − except that the minimum size of the "container" is required to be greater than the maximum allowed for "dispensing".

 

"Cathodic protection" is 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" means a person who can demonstrate an understanding of the principles and measurement of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems.  This 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.

 

"Compatible" means the ability of two or more substances to maintain their respective physical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the UST.

 

"Containment sump" means manufactured containments resistant to petroleum and chemical products that contain piping, electrical conduits, pumps and leak sensors.

 

"Contractor" is a licensed person, excluding employees of the contractor, who performs any UST activity.

 

"Corrosion expert" is 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.  This person shall be accredited as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered Professional Engineer with the State, who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

 

"Days" means, when the reference is to 30 days, calendar days; any other reference to "days" will be considered working days unless otherwise stated.

 

"Dielectric material" is one that does not conduct direct electric current.  Dielectric coatings are used to electrically isolate UST systems from the surrounding soil.  Dielectric bushings are used to electrically isolate portions of the UST system (i.e., tank from piping).

 

"Dispensing" means the transference of a regulated substance from a UST or aboveground storage tank (AST) directly into the fuel tank of a motor vehicle operated by an internal combustion engine, for use by that motor vehicle.  Also, "dispensing" is the transference of a regulated substance from a UST or AST directly into a portable container, as prescribed in 41 Ill. Adm. Code 170.150.

 

"Double-walled", in reference to tanks and piping, is a factory certified container consisting of an inner-wall and an outer-wall with an interstitial space between the inner-wall and outer-wall suitable for interstitial monitoring, and is designed, constructed and installed to:

 

contain regulated substances released from the tank system until they are detected and removed;

 

prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and

 

be checked at least every 30 days for evidence of a release.

 

"European suction" is a piping system that draws a liquid through the system by suction pump or vacuum pump located at the dispenser.  This system shall have the piping sloped back to the tank and may have no more than one check valve, and it shall be located directly under the suction pump.  This type of piping system never requires line leak detection.

 

"Excavation zone" is 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.

 

"Existing tank system" means a tank system used to contain an accumulation of regulated substance or for which installation has commenced before April 21, 1989.  Installation is considered to have commenced if the owner or operator has obtained all federal, State and local approvals or permits necessary to begin physical construction and installation of the tank system and the system is completed and brought into operation.

 

"Farm" is a tract of land devoted to the production of crops or raising of animals, including fish.  "Farm" includes all contiguous land and structures and other appurtenances and improvements; also, fish hatcheries, rangeland and nurseries with growing operations.  "Farm" does not include agribusiness (as defined in 20 ILCS 3605/2(i)), laboratories where animals are raised, land used to grow timber and pesticide aviation operations.  Moreover, this definition does not include retail stores or garden centers where the produce of nursery farms is marketed, but not produced.

 

"Farm tank" means a motor fuel UST located on a farm and used exclusively for farm purposes.

 

"Flow-through process tank" is 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 to the process or for the storage of finished products or by-products from the production process.  When the process is shut down, flow-through process tanks do not store product to be used once the process is resumed and may contain no more than a de minimis amount of product.

 

"Gathering lines" are any pipeline, equipment, facility or building used in the transportation of oil or gas during oil or gas production or gathering operations.

 

"Hazardous substance" means any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (42 USC 9601); but not including any substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act (RCRA) of 1976 (42 USC 6901 et seq.).

 

"Hazardous substance UST system" means an underground storage tank system that contains a hazardous substance or any mixture of such substances and petroleum and that is not a petroleum UST system.

 

"Heating oil" means petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy or 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.

 

"Heating oil tank for consumptive use on the premises where stored" means heating oil consumed exclusively on the premises where the heating oil UST is located, for space-heating or water-heating purposes.  It does not include using heating oil to heat from a boiler or furnace through direct conductivity any product or substance used in a manufacturing or production process or using heating oil as an ingredient in a manufacturing or production process.  Heating oil used to heat grain dryers or kilns is used for consumptive use on the premises.

 

"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.

 

"Interior liner" is a person who applies interior or internal lining.

 

"Interior or internal lining" means corrosion and chemical resistant materials that are sprayed, brushed or applied to the inside of a tank to protect the tank and its product from contamination by corrosion.  Interior lining is applied by an interior liner.

 

"Interstitial monitoring" is a release detection method used to determine the presence of a regulated substance between the inner and outer barriers for a leak or release of regulated substances from the underground tank and/or piping and is designed, constructed and installed to detect a leak from any portion of the tank or piping that routinely contains product and meets any other applicable requirements of Section 170.530(g) and 40 CFR 280.43(g).

 

"Kerosene" is a refined petroleum distillate consisting of a homogeneous mixture of hydrocarbons essentially free of water, inorganic, acidic or basic compounds, and excessive amounts of particulate contaminants.  Two classifications are recognized by ASTM D 3699-92, incorporated by reference in Section 170.410, as follows:

 

No. 1-K − A special low-sulfur grade kerosene suitable for use in nonflue-connected kerosene burner appliances and for use in wick-fed illuminating lamps; and

 

No. 2-K − A regular grade kerosene suitable for use in flue-connected burner appliances and for use in wick-fed illuminating lamps.

 

"Liquid traps or associated gathering lines directly related to oil or gas production or gathering operations" refer to sumps, well cellars or other traps used in association with oil or gas production, gathering or extraction operations (including gas production plants), for the purpose of collecting oil, water or other liquids.  Such 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.

 

"Motor fuel" means petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel or any grade of gasohol and is typically used in the operation of a motor engine.

 

"New tank system" means a tank system that will be used to contain an accumulation of regulated substances and for which installation commenced on or after April 21, 1989.  A new tank system may include a tank which has been installed, contained regulated substances, removed and re-certified.

 

"Noncommercial purposes" with respect to motor fuel means not for resale and shall be exclusively for farm or residential use.

 

"OMI" or "Operational Maintenance Inspection" is an inspection performed by an STSS to establish a facility's regulatory compliance.

 

"On the premises where stored" means tanks located on the same or contiguous property where the stored heating oil is used.  "On the premises" is not limited to the building where the heating oil is stored.  Thus, centralized heating units using heating oil that serve more than one building on the same property are included.

 

"Operation" or "use" in reference to underground storage tanks means that the tank must have had input or output of petroleum, petroleum products, or hazardous substances, with the exception of hazardous wastes, during the regular course of its usage.  "Operation" does not include:

 

compliance with leak detection requirements as prescribed by rules and regulations of the Office of the State Fire Marshal; or

 

the mere containment or storage of petroleum products, or hazardous substances, with the exception of hazardous wastes. [430 ILCS 15/4]

 

"Operator" means any person in control of, or having responsibility for, the daily operation of the UST system.

 

"OSI" or "Operational Safety Inspection" is an inspection of removal, abandon-in-place, or any tank entry activity requiring an STSS on site.

 

"OSFM" means the Office of the State Fire Marshal.

 

"Overfill release" is a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.

 

"Owner" means:

 

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 storage, use or dispensing of regulated substances; and

 

In the case of any UST system in use before November 8, 1984, but no longer in use on that date, any person who owned such UST immediately before the discontinuation of its use.

 

"PAI" or "Performance Assurance Inspection" is an inspection of UST installation and upgrades, where an STSS is scheduled by Date and Time Certain job schedules.

 

"Person" means an individual, trust, firm, partnership, joint stock company, corporation, federal agency, state, municipality, commission, unit of local government or political subdivision of a state or any interstate body.  "Person" also includes consortium, joint venture, commercial entity or the United States Government.

 

"Petroleum" (including crude oil or any fraction of crude oil that is liquid at standard conditions of temperature and pressure (60° F and 14.7 pounds per square inch absolute)), includes, but is not limited to, petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading or finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents or used oils.

 

"Petroleum UST system" means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of hazardous substances.  Such systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents or used oils.

 

"Pipe" or "piping" is any hollow cylinder or tubular conduit that is constructed of non-earthen materials.

 

"Pipeline facilities (including gathering lines)" include new or existing pipe rights-of-way and any equipment, facilities or buildings used in the transportation of gas (or hazardous liquids, which include petroleum or any other liquid designated by the United States Secretary of Transportation) or the treatment of gas or designated hazardous liquids during the course of transportation.

 

"Re-certification" of Removed USTs:  A re-certified tank is any tank that has been internally and externally inspected.  These inspections and re-certifications shall be conducted by a member of the Steel Tank Institute or Fiberglass Tank Institute, or original manufacturer.  The re-certified tank must have a warranty remaining for at least 5 years and the warranty must be submitted in writing to OSFM.

 

"Regulated substance" means petroleum or hazardous substance as defined in this Section.

 

"Release" means any spilling, overfilling, leaking, emitting, discharging, escaping, leaching or disposing from a UST into groundwater, surface water or subsurface soils.

 

"Reliner" means "interior liner".

 

"Repair" means to restore a UST system component that has caused or may cause a release of product from the UST system.

 

"Residence" means single-family dwelling unit or duplex and parcel of property each is located on, with only one unit or duplex per parcel.

 

"Residential tank" is a motor fuel UST located on residential property used for noncommercial purposes by a single family and located on property on which that family's residence is located.  For purposes of this definition, "residence" shall include a single-family dwelling or duplex.

 

"Secondary containment" means a release prevention and release detection system for underground tanks and/or piping consisting of an inner and outer barrier with a space suitable for interstitial monitoring, and is designed, constructed and installed to:

 

contain regulated substances released from the tank system until they are detected and removed;

 

prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and

 

be checked at least every 30 days for evidence of a release.

 

Secondary containment may include double-walled tanks and piping.

 

"Service stations" are defined as:

 

"Automotive service station".  That portion of property where regulated substances used as motor fuels are stored and dispensed for retail sale (see Section 2 of the Use Tax Act [35 ILCS 105/2] for a definition of "retail sale") from fixed equipment into the fuel tanks of motor vehicles operated by internal combustion engines, for use by those motor vehicles.

 

"Marine service station" or "Marina".  That portion of property where regulated substances used as motor fuels are stored and dispensed from fixed equipment on shore, piers, wharves or floating docks into the fuel tanks of self-propelled craft operated by internal combustion engines, for use by those self-propelled craft.

 

"Service station", whether automotive or marine, includes attended service station, attended self-service station and unattended self-service station.

 

"Site assessment" is sampling and analyzing the results of the sampling to determine if a release has occurred and if contamination is present on a site.  In making this determination, consideration shall include, but not be limited to, the following factors:  whether the site is within an area where it is likely that contamination may exist; nature of the stored substance; the type of initial alarm or cause for suspicion; the types of backfill; the depth of groundwater; and any other factors appropriate for identifying the presence and source of a release.

 

"Spill release" is a release that usually occurs at the fill pipe opening of a tank when a delivery truck's hose is disconnected from the fill pipe, while product continues to exit the hose, resulting in a discharge of the regulated substance to the environment.

 

"Storm-water" or "wastewater" collection system is all piping, pumps, conduit 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 areas where treatment is designated to occur.  The collection of storm-water or wastewater does not include treatment, except where incidental to conveyance.

 

"STSS" means Storage Tank Safety Specialist.

 

"Surface impoundment" is 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" is a stationary device designed to contain an accumulation of regulated substances and constructed of non-earthen materials (e.g., steel, fiberglass, concrete or plastic) that provides structural support.

 

"Tank containment sump" means containment located at the tank at the submersible pump or the entry point of American suction piping at the tank that will prevent leaks from the product piping from reaching soil or groundwater.  Such containment must be liquid-tight on its sides, bottom, and at any penetrations; be compatible with the substance conveyed by the piping; and be accessible at grade and be monitored.

 

"Ten percent or more beneath the surface of the ground" with reference to a tank, means that its volume (including the volume of its connected underground piping) is 10 percent or more beneath the ground surface or otherwise covered with earthen materials.  If a tank is in a vault, it is considered "beneath the surface of the ground", if it cannot be viewed from all sides and top and base.

 

"Under-dispenser containment" or "UDC" means containment underneath a dispenser that will prevent leaks from the dispenser from reaching soil or groundwater.  Such containment must be liquid-tight on its sides, bottom, and at any penetrations; be compatible with the substance conveyed by the piping; and allow for visual inspection and access to the components in the containment system and/or be monitored.

 

"Underground pipes connected thereto" means all underground piping, including valves, elbows, joints, flanges and flexible connectors attached to a tank 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 the systems.  Where tanks are manifolded together with product piping, each tank is considered a separate UST system.  Exempt tanks shall not be connected by piping to regulated tanks.

 

"Underground storage tank system" or "UST" means any one or combination of tanks (including underground pipes, ancillary equipment and cathodic protection 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.  A tank system classified as a UST may not be re-classified as being a non-UST unless there has been a change-in-service as provided in Section 170.630.  A non-UST system tank used to store a non-regulated substance may not be converted to a UST system tank unless the tank has been re-certified and is in compliance with all applicable upgrade requirements.  A UST system does include an emergency power generator tank that stores any classification of fuel for use exclusively, alternately or concurrently by an emergency power generator, except as otherwise excluded in this definition.  The term "underground storage tank system" or "UST" does not include any pipes connected to any tank excluded from this definition.  Underground storage tank system or UST does not include any tank system as follows:

 

Farm or residential tank with a capacity of 1,100 gallons or less used for storing motor fuel for noncommercial purposes;

 

Heating oil tank of any capacity used exclusively for storing heating oil for consumptive use on a farm or residence;

 

Septic tank;

 

Pipeline facility (including gathering lines):

 

Regulated under the Natural Gas Pipeline Safety Act of 1968 (49 USC 1671 et seq.);

 

Regulated under the Hazardous Liquid Pipeline Safety Act of 1979 (49 USC 2001 et seq.); or

 

Regulated under the Illinois Gas Pipeline Safety Act [220 ILCS 20];

 

Any wastewater treatment tank system (including oil-water separators) that is part of a wastewater treatment facility regulated under section 402 or 307(b) of the Clean Water Act;

 

Surface impoundment, pit, pond or lagoon;

 

Storm-water or wastewater collection system;

 

Flow-through process tank;

 

Emergency spill protection tank or overflow tank that is emptied expeditiously following use;

 

Liquid trap or associated gathering line directly related to oil or gas production and gathering operations;

 

Storage tank 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 and can be viewed from all sides and top and base;

 

Storage tank situated in a vault (whether underground or aboveground), if the storage tank is situated upon or above the surface of the floor or ground and can be viewed from all sides and top and base;

 

Tank abandoned-in-place by filling with inert material in compliance with Section 170.670 issued by the Office of the State Fire Marshal;

 

Tank with a capacity of 110 gallons or less;

 

Any UST system holding hazardous wastes listed or identified under subtitle C of the Solid Waste Disposal Act (42 USC 3251 et seq.);

 

Tank that contains a de minimis concentration of regulated substances, except that such tank shall have been in such status as of April 21, 1989 and may not have been converted to a UST system tank on or after that date, unless the tank has been re-certified and is in compliance with applicable upgrade requirements; or

 

Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks or electrical equipment tanks.

 

The following UST systems are deferred from the requirements of Sections 170.420 through 170.580 and 170.620 through  170.672 (whether single- or double-wall construction):

 

Wastewater treatment tank system (including oil-water separators, except that oil-water separators which are components of an oil processing, refining or treatment system are not wastewater treatment tanks);

 

Any UST system containing radioactive material that is regulated under the Atomic Energy Act of 1954 (42 USC 2011);

 

Any UST system that is part of an emergency generation system at a nuclear power generation facility regulated by the United States Nuclear Regulatory Commission;

 

Airport hydrant fuel distribution system; and

 

Any field-constructed tank.

 

Although the systems deferred immediately above are exempt from the requirements in Sections 170.420 through 170.580 and 170.620 through 170.672, they are required to comply with Sections 170.590 through 170.610 and, by December 22, 1998, are required to comply with the following:

 

Be constructed to prevent releases due to corrosion or structural failure for the operational life of the UST system;

 

Be cathodically protected against corrosion, constructed of non-corrodible material, steel clad with a non-corrodible material, or designed in a manner to prevent the release or threatened release of any stored substance;

 

Be constructed or lined with material that is compatible with the stored substance; and

 

An owner of a UST system with a field-constructed tank shall install a method for leak detection in accordance with written directives issued by the Office of the State Fire Marshal.

 

"UST activity" means a UST:

 

Installation − including retrofitting and cathodic protection installation;

 

Repair − including upgrade, which includes retrofitting and cathodic protection installation;

 

Removal − decommissioning, which includes abandonment-in-place;

 

Lining;

 

Lining inspections, lining touchup;

 

Tank entry;

 

Tank and/or line precision testing; or

 

Cathodic protection testing.

 

"Upgrade" is the addition or retrofit of some portion of a UST system, such as cathodic protection, leak detection, new dispenser islands, new piping, interior lining (lining) or spill and overfill controls, manway, flex connectors or new bungs, to improve the ability of the UST to prevent the release of product.

 

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

 

(Source:  Amended at 32 Ill. Reg. 1428, effective February 1, 2008)