AUTHORITY: Implementing the Gasoline Storage Act [430 ILCS 15] and authorized by Section 2 of the Gasoline Storage Act [430 ILCS 15/2].

SOURCE: Adopted at 34 Ill. Reg. 13318, effective September 2, 2010; amended at 42 Ill. Reg. 10435, effective October 13, 2018; amended at 47 Ill. Reg. 6801, effective May 2, 2023.

SUBPART A: DEFINITIONS

 

Section 174.100  Definitions

 

The following definitions shall apply to 41 Ill. Adm. Code 172, 174, 175, 176 and 177 concerning underground storage tanks and tank systems and the storage, transportation, sale and use of petroleum and other regulated substances.

 

"Abandonment-in-place" is the permanent placement of a UST in an inoperative condition by filling it with inert material in accordance with 41 Ill. Adm. Code 175.840. 

 

"Airport Hydrant Fuel Distribution System" or "Airport Hydrant System" means a UST system that fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands).  An airport hydrant system may have one or more of the following connected together: aboveground tanks, underground tanks, underground piping, field constructed tanks, or factory constructed tanks. 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. 

 

"Air Test" or "Air Tested" means a type of integrity test used to demonstrate tightness in a UST or associated piping at installations and upgrades. An air test can only be used when all sides of the tank and/or piping being tested are visible. Test procedures will be performed in accordance with manufacturer's specifications or PEI/RP 100 Recommended Practices for Installation of Underground Liquid Storage Systems, incorporated by reference in Section 174.210.

 

"American Suction" is any suction system other than European.

 

"Ancillary Equipment" means any devices including, but not limited to, piping, fittings, flanges, valves, pumps, dispensers, line leak detection equipment, automatic tank gauge (ATG) probes, interstitial tank sensors, sump sensors, flex connectors, and automatic overfill prevention devices used to distribute, meter or control the flow of regulated substances to and from a UST.

 

"ANSI" means American National Standards Institute.

 

"API" means American Petroleum Institute.

 

"ASTM" means American Society for Testing and Materials.

 

"Attendant" means the owner or any person who is employed by an owner of a motor fuel dispensing facility to dispense motor fuel at that facility.

 

"Blended Fuel" means gasoline containing greater than 10% ethanol and petroleum diesel containing greater than 20% biodiesel. 

 

"Building" means any three dimensional space that is enclosed by a roof and walls where more than 50% of the possible area of the perimeter walls (sides) of the space is covered and not open to the outside. 

 

"Bulk Storage" means the containment in a UST of a regulated substance for purposes of the bulk transfer or bulk transport of regulated substances and not for retail sale to the public.

 

"Bunker Tank" means a commercial heating oil or emergency power generator tank situated below grade, in a basement, on a floor, and enclosed in a masonry wall structure, with the tank completely or partially covered by sand, or otherwise not fully accessible to inspection. 

 

"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.

 

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

 

"Class I Liquids" – See Flammable Liquids.

 

"Class II and III Liquids" – See Combustible Liquids.

 

"Combustible Liquids" are defined in NFPA 30 as Class II, IIIa and IIIb liquids.

 

"Compatible" means 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 tank system under conditions likely to be encountered in the UST.

 

"Containment Sump" means a factory manufactured liquid-tight container that protects the environment by containing leaks and spills of regulated substances at the tank fill or 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), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump).  Containment sumps must be compatible with the substance conveyed by the piping and allow for visual inspection and access to the components.

 

"Contractor" or "Licensed Contractor" or "OSFM-Licensed Contractor" or "Petroleum Equipment Contractor" is a person licensed under the Petroleum Equipment Contractor's Licensing Act [225 ILCS 729], excluding employees of the contractor, who performs any UST activity for an owner or operator.

 

"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 an Illinois Licensed 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.

 

"Days" means calendar days unless otherwise stated.

 

"Decommission" or "Decommissioning" means to permanently close the UST by removal or abandonment-in-place pursuant to 41 Ill. Adm. Code 175.830 and 175.840, and using a contractor that is OSFM-licensed in the decommissioning module pursuant to 41 Ill. Adm. Code 172.

 

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

 

"Dispenser" means equipment located above ground that dispenses regulated substances from the UST system.

 

"Dispenser System" means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system.

 

"Dispensing" means the transfer of a regulated substance from a UST 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 transfer of a regulated substance from a UST directly into a portable container, safety can or portable fuel tank.

 

"Double-walled", in reference to underground storage tank systems, 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; and

 

be checked at least every 30 days.

 

A field-installed liner or insert does not qualify as double-walled. 

 

"DPCS" means the Division of Petroleum and Chemical Safety of the Office of the State Fire Marshal.

 

"Dual Purpose UST" or "Multi-purpose UST" is an underground storage tank system in compliance with the requirements of Sections 174.310 and 174.320 and 41 Ill. Adm. Code 160, 172, 174, 175, 176, 177 and 180 and is connected to one or more dispensers and a bulk load-out at the same time.

 

"Emergency Stop" or "Emergency Shutoff Switch" or "E-stop" means a device or switch that, when activated, will disconnect power to all dispensing devices, to all remote pumps serving the dispensing devices, to all associated power, control and signal circuits, and to other electrical equipment in the hazardous (classified) locations surrounding the fuel dispensing devices, but not including intrinsically safe electrical equipment.

 

"European Suction" is a piping system that draws a liquid through the system by suction pump or vacuum pump located at the dispenser. To qualify as European suction, the system shall meet the requirements set forth in 40 CFR 280.41(b)(1)(ii)(A) through (E) and 41 Ill. Adm. Code 175.640(b)(2)(A) through (E).  

 

"Excavation Zone" is the cubic area containing the tank system and backfill material, bounded by the ground surface, walls and floor of the pit and trenches into which the UST is placed at the time of installation, upgrade, tank entry, or decommissioning.

 

"Exclusion Zone" means an area where entry is forbidden without possession of the cards required under 41 Ill. Adm. Code 172.60 and is typically marked using a fence or caution tape.

 

"Farm" or "Agricultural Site" 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 3501/801-10(z)), 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 nursery farm products are marketed, but not grown.

 

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

 

"Field-Constructed Tank" means 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 primarily fabricated in the field, is considered field-constructed. 

 

"Flammable Liquids" are defined in NFPA 30, and are divided into Class Ia, Ib and Ic liquids.

 

"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.

 

"Green Decal" means the evidence of compliance status that is issued to a UST facility determined by OSFM to be in compliance following a certification audit inspection in accordance with 41 Ill. Adm. Code 177.

 

"Hazardous Substance" means any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. 9601(14)), but does not include any substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act of 1976 (RCRA) (42 U.S.C. 6901 et seq.) or any mixture of those substances and petroleum.

 

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

 

"Hearing Officer" means the presiding official designated by the OSFM to conduct a hearing and preside over pre-hearing and post-hearing matters in a contested case.

 

"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 same or contiguous property where the heating oil UST is located, for heating purposes. Thus, centralized heating units using heating oil that serve more than one building on the same property are included. 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.

 

"Hot Work" means operations or work on a UST capable of providing a source of ignition, such as drilling, welding, cutting, burning or heating.

 

"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.

 

"ICC" means International Code Council.

 

"IEMA" means the Illinois Emergency Management Agency.

 

"Interior Lining" 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 or to ensure that the inside of the tank is compatible with the product stored. Interior lining is applied by a contractor licensed by OSFM in both the lining and decommissioning modules.

 

"Interstitial Monitoring" is a release detection method used to determine the presence of a regulated substance between the inner and outer barriers of a double-walled or secondary containment system of an underground tank and/or piping system 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 41 Ill. Adm. Code 175.630(f) and 40 CFR 280.43(g).

 

"Intrinsically Safe Electrical Equipment" means equipment and wiring that is incapable of releasing sufficient electrical or thermal energy under normal or abnormal conditions to cause ignition of a specific hazardous atmospheric mixture in its most easily ignited concentration.

 

"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 exist as follows:

 

No. 1-K (also known as "K-1") – A special low-sulfur grade kerosene suitable for use in non-flue connected kerosene burner appliances and for use in wick-fed illuminating lamps; and

 

No. 2-K (also known as "K-2") – A regular grade kerosene suitable for use only 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" refers 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. 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.

 

"Liquefied Petroleum Gas" or "LP Gas" means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same:  propane, propylene, butanes (normal butane and iso-butane) and butylenes. [430 ILCS 10/2].

 

"Listed" or "Third Party Listed" means equipment, materials or services included in a list specifying the intended use and that has been published by a third party organization that:

 

is acceptable to OSFM and concerned with evaluation of products or services;

 

maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services; and

 

for each listing states that either the equipment, material or service meets appropriate designated standards or has been tested and found suitable for its intended use.

 

"Maintenance" means normal operational upkeep to prevent a UST from releasing product.

 

"Module" is a type of OSFM licensure and includes the following types of UST activity:

 

Installation/retrofitting of USTs;

 

Decommissioning of USTs;

 

Inspection and lining of USTs;

 

Precision testing;

 

Inspection and testing of UST equipment; and

 

Cathodic protection.

 

"Motor Fuel" means a complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (for example, motor gasoline blended with alcohol).

 

"Motor Fuel Dispensing Facility" means that portion of a property where motor fuels are stored and dispensed from a UST, using fixed equipment, into the fuel tanks of motor vehicles or marine craft, or into approved containers, including all equipment used in connection with that storage and dispensing. The term "motor fuel dispensing facility" includes the locations of emergency stops and fueling observation points, and all buildings involved with dispensing activities. Motor fuel dispensing facilities may take the following forms:

 

"Attended Self-Service Motor Fuel Dispensing Facility" means a motor fuel dispensing facility that has an attendant or employee on duty whenever the facility is open for business. The attendant or employee on duty does not typically dispense motor fuels into fuel tanks or containers. The customer or vehicle operator usually conducts the dispensing.

 

"Fleet Vehicle Motor Fuel Dispensing Facility" means a motor fuel dispensing facility at a commercial, industrial, governmental or manufacturing property where motor fuels are not sold to the public but are dispensed into the fuel tanks of motor vehicles that are used in connection with the business or operation of that property by persons within the employ of the business or operation.

 

"Full-Service Motor Fuel Dispensing Facility" means a motor fuel dispensing facility that has one or more attendants or supervisors on duty to dispense motor fuels into fuel tanks or containers whenever the facility is open for business. All dispensing at a full-service motor fuel dispensing facility is conducted by an attendant and no dispensing is conducted by customers.

 

"Marine Motor Fuel Dispensing Facility" means a motor fuel dispensing facility at or adjacent to shore, a pier, a wharf, or a floating dock where motor fuels are dispensed into the fuel tanks of marine craft.

 

"Motor Fuel Dispensing Facility Located Inside a Building" means that portion of a motor fuel dispensing facility having obtained written permission by OSFM to be located within the perimeter of a building or building structure that also contains other occupancies.  The term also includes detached buildings separated by at least 20 feet from other buildings and used exclusively for dispensing of motor fuels in compliance with NFPA 30A, incorporated by reference in Section 174.210. 

 

"Unattended Self-Service Motor Fuel Dispensing Facility" means a motor fuel dispensing facility that has no attendant or employee on duty. The customer or vehicle operator conducts the dispensing operation. This includes coin, currency, membership card and credit card dispensing operations.

 

"Motor fuel dispensing permit" or "dispensing permit" refers to the requirements for, and the process of obtaining, permits required by 41 Ill. Adm. Code 175.200.

 

"NACE" means National Association of Corrosion Engineers.

 

"NFPA" means National Fire Protection Association.

 

"NLPA" means National Leak Prevention Association.

 

"Noncommercial Purposes", with respect to motor fuel, means not for resale.

 

"NOV" means a notice of violation issued by OSFM.

 

"NWGLDE" means National Work Group on Leak Detector Evaluations.

 

"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, petroleum products, or hazardous substances, with the exception of hazardous wastes. [430 ILCS 15/4(b)(1)(D)]

 

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

 

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

 

"OSFM Rules", unless otherwise specified, means the rules of OSFM located at 41 Ill. Adm. Code 160, 172, 174, 175, 176, 177 and 180.

 

"OSHA" means the federal Occupational Safety and Health Administration.

 

"OSI" or "Operational Safety Inspection" means an inspection of installation, removal, abandonment-in-place or any tank entry or other activity requiring an STSS on site.

 

"Owner" means:

 

In the case of a UST in use on November 8, 1984, or brought into use after that date, any person who owns a UST used for storage, use or dispensing of regulated substances; and

 

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

 

"Owner of Motor Fuel Dispensing Facility" means any individuals or legal entity holding title, lease, license or any interest in a motor fuel dispensing facility. The legal name, residence, address and county of any individuals who are owners shall be filed with OSFM.

 

"PAI" or "Performance Assurance Inspection" means an inspection for work that must be scheduled with OSFM and for which an STSS may be present.

 

"Party" means any individual, trust, firm, partnership, joint stock company, corporation, consortium, joint venture, commercial entity, federal government, State government, municipality, commission, unit of local government or political subdivision of the State, or any interstate body.

 

"PEI" means the Petroleum Equipment Institute.

 

"Permit" or "permitting" or "UST permit" refers to the requirements for, and the process of obtaining, permits required by 41 Ill. Adm. Code 175.300.

 

"Person" means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, municipality, commission, political subdivision of a state, interstate body, or other legal entity, or their legal representative, agent or assigns. "Person" also includes any consortium, joint venture, commercial entity or the United States Government and any federal agency.

 

"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, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents or used oils.

 

"Petroleum UST" means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. Petroleum USTs 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. Such piping includes any elbows, couplings, unions, valves or other in-line fixtures that contain and convey regulated substances from the underground tanks to the dispensers, generators or other designated equipment.

 

"Pipeline Facilities" (including gathering lines) includes 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 U.S. Secretary of Transportation) or the treatment of gas or designated hazardous liquids during the course of transportation.

 

"Piping Run" or "pipe run" means all underground piping connecting an individual submersible pump or suction stub to the furthest dispenser or other end-use equipment.

 

"Precision Test" or "Precision Tested" means a type of integrity test used to demonstrate tightness in a UST or associated piping. A precision test must be performed by an OSFM-licensed contractor, certified in the appropriate module, utilizing methods and equipment listed by an independent third party testing laboratory and listed in the NWGLDE publication List of Leak Detection Evaluations for Storage Tank Systems, incorporated by reference in Section 174.210. Test procedures will be performed in accordance with manufacturer's specifications for the testing equipment being used, and must be able to detect a leak at a rate of at least 0.1 gallon per hour from any portion of the tank or piping that routinely contains product, with a probability of detection of at least 95 percent and a probability of false alarm of no more than five percent.

 

"Re-certified Tank" A re-certified tank is any used tank that has been inspected and certified pursuant to the requirements of 41 Ill. Adm. Code 175.400(c).

 

"Red Tag" means the evidence of noncompliance status that is issued to a UST facility determined by OSFM to be out of compliance following a certification audit or other OSFM inspection in accordance with 41 Ill. Adm. Code 177.

 

"Regulated Substance" means:

 

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 subtitle C); and

 

Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 °F 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.

 

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

 

"Release Detection" means determining whether a release of a regulated substance has occurred from the 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.

 

"Removal" means removal of the underground storage tank system in accordance with 41 Ill. Adm. Code 175.830.

 

"Repair" means to restore to proper operating condition any tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment, or other UST component that has caused or may cause a release of product from the UST system or has failed to function properly.

 

"Reportable Quantity" means the extent of a hazardous substance release that requires notification under Section 176.320 or 176.340.  The reportable quantity varies depending upon the substance involved and is determined under 40 CFR 302.1 through 302.6 and 355.40, incorporated by reference in 41 Ill. Adm. Code 174.210.

 

"Residential tank" means a tank located on property used primarily for dwelling and not commercial purposes.

 

"Revocation of the License of a Contractor" means termination of a contractor's license to perform any activity the contractor was licensed to perform.

 

"Revocation of the Registration of an Underground Storage Tank System" means termination by OSFM of the registration of a UST.

 

"Safety Can" means a container of not more than 5.3 gallons capacity having a spring-closing lid and spout cover, and designed so that it will safely relieve internal pressure when subjected to fire exposure, per NFPA 30 and 30A, incorporated by reference in 41 Ill. Adm. Code 174.210.

 

"Secondary Containment" or "Secondarily Contained" means a release prevention and release detection system for underground storage tanks and/or piping, consisting of an inner and outer barrier with an interstitial space that is monitored for leaks, and 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; and

 

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

 

Secondary containment may include double-walled tanks and piping. This term includes containment sumps when used for interstitial monitoring of piping.

 

"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, pursuant to 41 Ill. Adm. Code 176.330.

 

"State Fire Marshal" means the State Fire Marshal of the State of Illinois.

 

"STI" means Steel Tank Institute.

 

"Stormwater Collection System" or "Wastewater Collection System" means all piping, pumps, conduit 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 areas where treatment is designated to occur. The collection of stormwater or wastewater does not include treatment, except when incidental to conveyance.

 

"STSS" means a Storage Tank Safety Specialist employed by OSFM.

 

"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.

 

"Suspension of the License of a Contractor" means the prohibition of a contractor's performance of any OSFM regulated activity the contractor was licensed to perform for a period of time not to exceed one year.

 

"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 Vehicle" means any tank truck, tank full-trailer, or tractor and tank semi-trailer combination.

 

"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.

 

"Third Party", unless otherwise specified in the rule, when applied to a device or system, means an independent nationally recognized organization or independent professionally licensed individual that evaluates the device or system according to a nationally recognized practice. Examples include, but are not limited to, UL, UL CAN, ANSI, ASTM, NLPA, API or NWGLDE.

 

"UL" means Underwriters Laboratories, Inc.

 

"UL Canada" or "UL CAN" means Underwriters Laboratories of Canada.

 

"Underground Storage Tank System" or "UST" or "UST System" means any one or combination of tanks (including connected underground pipes, connected ancillary equipment, connected cathodic protection, and containment system, if any) used to contain an accumulation of regulated substances, the volume of which (including the volume of underground connected pipes) is 10 percent or more beneath the surface of the ground.  A UST does include an emergency power generator tank system 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 49 U.S.C. 60101; or

 

Regulated under the Illinois Gas Pipeline Safety Act [220 ILCS 20] and determined by the United States 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;

 

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 (33 U.S.C. 1342 or 1317(b));

 

Surface impoundment, pit, pond or lagoon;

 

Stormwater 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, mine working, 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 41 Ill. Adm. Code 175.840, while the condition allowing abandonment in place still exists;

 

Tank with a capacity of 110 gallons or less;

 

Any UST holding hazardous wastes listed or identified under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 3251);

 

Tank that contains a de minimis concentration of regulated substances, except that the tank shall have been in that status as of April 21, 1989 and may not have been converted to a UST 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.

 

With the exception of release reporting, response, corrective action and financial responsibility requirements, the following USTs (whether single- or double-wall construction) are partially excluded under 40 CFR 280.10(c) from UST regulatory requirements found in 41 Ill. Adm. Code 172, 174, 175, 176 and 177:

 

Wastewater treatment tank systems not regulated under Section 402 or 307B of the Clean Water Act (33 U.S.C. 1342 or 1317(b)), including oil-water separators;

 

Aboveground storage tanks associated with both airport hydrant fuel distribution systems and UST systems with field-constructed tanks regulated under 41 Ill. Adm. Code 175, Subpart I;

 

Any UST containing radioactive material that is regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011); and

 

Any UST that is part of an emergency generation system at a nuclear power generation facility licensed by the U.S. Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including, but not limited to, 10 CFR 50.

 

Although these systems are partially excluded (and therefore partially exempt from the requirements in 41 Ill. Adm. Code 172, 174, 175, 176 and 177) under 40 CFR 280.10(c) and 280.11, they are required to comply with release reporting, response, corrective action and financial responsibility requirements in 41 Ill. Adm. Code 176.200 through 176.360 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;

 

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

 

Have installed a method for leak detection in accordance with written directives issued by OSFM.

 

"UST Activity" means licensed UST work that falls into one or more of the following categories:

 

Installation/retrofitting, to include upgrades; repairs; containment sump testing; overfill prevention equipment inspection; spill prevention equipment testing; release detection equipment and system testing; and installation of wristband and spike anodes for cathodic protection of a flex connector;

 

Decommissioning to include removal and abandonment-in-place;

 

Lining, to include tank interior and lining inspection, hot work and tank entry;

 

Precision testing of tanks or lines;

 

Testing of containment sumps, spill prevention equipment, release detection equipment and systems, and inspection of overfill prevention equipment;

 

Cathodic protection installation and testing.

 

"Upgrade" is the addition or retrofit of some portion of a UST, such as cathodic protection, leak detection, new dispenser islands, new piping, interior lining or spill and overfill controls, installation of a manway, flex connectors, or other new openings.

 

"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 47 Ill. Reg. 6801, effective May 2, 2023)

SUBPART B: INCORPORATION BY REFERENCE