ILLINOIS POLLUTION CONTROL BOARD
January 23,
1992
IN THE MATTER OF:
)
)
UST UPDATE
)
R91-14
USEPA REGULATIONS
)
(Identical in
(1/1/91
—
6/30/91)
)
Substance Rulemaking)
PROPOSAL FOR PUBLIC COMMENT
OPINION
AND
ORDER OF THE
BOARD
(by J. Anderson):
On January 9,
1992,
the Board adopted a Proposed Opinion and
Order in this underground storage tank (UST) update Docket.
As
is detailed in the Proposed Opinion, this Docket mainly addresses
recent changes in statutory authority for Board rules, pursuant
to P.A. 87-323.
Although the Proposed Opinion and Order
addressed the reductions in the scope of Board rules made by P.A.
87-323,
it failed to address the increase in scope mandated by
Section 22.4(d) (5), which requires the Board to amend its rules
to make them applicable “to any heating oil underground storage
tank.”
On its own motion, the Board will therefore enter. this
Order amending the Proposal to address heating oil USTs.
The
Proposal will be revised to reflect both this Order and the
January
9,
1992, Order for publication in the Illinois Register.
The statutory directive to include heating oil UST’s into
the
Board’s federally derived RCRA UST program creates some
difficulties that are addressed below.
BACKGROUND
The complete history of the UST program is contained in the
January
9,
1992,
Proposed Opinion.
The following prior Board
Opinion
is specifically referenced in this Order:
R88—27
April 27,
1989;
13 Ill.
Reg.
9519, effective June
12,
1989 (9/23/88 Technical Standards)
As defined in the federal RCRA Act, and in 40 CFR 280.12,
the term “UST”
excludes any “Tank used for storing heating oil
for consumptive use on the premises where stored”.
The Board
adopted this definition in R88—27.
Since the term “UST” defines
the scope of the program in 40 CFR 280.10 and Section 731.110,
neither the USEPA nor Board rules apply to excluded heating oil
USTs.
When the Fire Marshal adopted its version of the UST rules,
it modified the
RCRA definition of “UST” so as to exclude only
those
heating oil tanks “of 1,100 gallons or less capacity”.
In
other
words,
the Fire Marshal’s UST rules included tanks used for
storing heating oil for consumptive use on the premises where
129—47 1
2
stored,
if they were over 1,100 gallons in capacity, regardless
of whether they were residential or non—residential tanks.
Then,
P.A. 86—1050, effective July 11,
1990,
amended the
definition of “UST” in both the Gasoline Storage Act and the
Environmental Protection Act.
It added heating oil tanks greater
than 1,100 gallons “serving other than residential units” to the
definitions of “UST”
in the Gasoline Storage Act and in Section
22.18(e)
of the Act, which is the Section that deals with the UST
State Fund.
Although this was evidently intended as a
legislat’ive ratification of the Fire Marshal’s inclusion of
certain heating oil tanks
in its regulatory program, the
statutory mandate did not square with the Fire Marshal’s
regulations.
In addition,
P.A. 86-1050 failed to authorize the Board to
modify its identical in substance UST regulations to add, to the
State’sauthorized.UST regulations, heating oil USTs.
Section
7.2(a)
of the Act defines “identical in substance” as “State
regulations which require the same actions
...
by the same group
of affected persons as would federal regulations if USEPA
administered the subject program in Illinois”.
In the absence of
a specific mandate, the definition of “identical in substance”
continued to control the scope of the Board’s regulations.
P.A. 87—323
P.A. 87-323 has made two major changes with respect to
heating oil UST5.
First, it has added paragraph(s)
to Section
22.4(d)
of the Act, which requires the Board to adopt “identical
in substance” UST rules.
The change specifically mandates the
Board to make the UST rules applicable to “~y heating oil
underground storage tank”.
Second,
it has modified the State
Fund provisions in the Act fat Section 22.18(e)(1)J,
as well as
the Gasoline Storage Act, to define “heating oil underground
storage tank”
(as set out below).
Among other things, the new
definition:
eliminates the “1,100 gallon” limitation;
and,
excludes farm and residential heating oil USTs,
regardless of
size.
These amendments raise serious questions as what “heating
oil tanks” the Board rules are supposed to apply to, and whether
the other exclusions in the rules apply to the regulated heating
oil tanks.
These are discussed in greater detail below.
DEFINITION OF “HEATING OIL”
As amended in P.A. 87—323, Section 22.18(e), the definitions
applicable to the State Fund, now define “UST” as including
“heating oil underground storage tanks”, regardless of size.
Section 22.18(e) (1) (H)
and
(I) add the following definitions:
17q_477
3
“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.
“Heating oil underground storage tank” means an
underground storage tank serving other than farms or
residential units that is used exclusively to store
heating oil for consumptive use on the premises where
stored.
In other words,
“heating oil UST5” are now eligible for
reimbursement under the State Fund, and, for purposes of the
State Fund,
“heating oil USTs” include all non-farm, non-
residential USTs storing heating oil for consumptive use on the
premises, regardless of size.
For example, while a 20,000 gallon
farm or residential tank is ineligible, a 500 gallon non—farm,
non-residential tank is eligible.
There is another complexity.
The definition of “heating
oil”
in Section 22.18(e) (1) (H)
is not identical to the existing
definition of “heating oil” in the USEPA and Board rules
40
CFR
280.12 and Section 731.112.
The federally derived Board
regulatory definition reads as follows, with the additional
language in the Board and USEPA definitions in bold:
“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); or
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.
There are three major differences between the new statutory
definition and the federally derived Board regulatory definition.
First,
the federally derived definition includes a substitute
“catch-all” which is absent from the statutory definition.
Second, the statutory definition has moved the limitation as to
purpose into a new definition of “heating oil UST”.
Third, the
concept that “heating oil” as defined is that typically used in
“boilers or furnaces” has been lost altogether.
In other words,
the definition of “heating oil”
is narrower
(without the catch-
all),
but is broader in the sense that “heating oil” itself
includes no limitation as to purpose.
Moreover, even used •in
conjunction with “heating oil UST”,
tanks used for storing oil
for boilers or industrial process furnaces have an ambiguous
status.
WHAT
TYPE OF HEATING OIL TANKS SHOULD BE REGULATED?
Section 22.4(d) (5) directs the Board to make its UST rules
129—4 73
4
applicable “to any heating oil underground storage tank”.
Does
this mean “heating oil UST”
as. defined in Section 22.18(e)
of the
Act, or does
it mean “UST” and “heating oil”, as defined within
the
RCRA
rules?
As a general rule, the Board does not alter the federally
derived definitions in the identical in substance rules so as to
be consistent with terms defined in the Act.
The Board has long
held that attempting to so modify definitions within such
programs would modify the scope of the federally derived programs
and the t~aythe parts of the program fit together, so that the
Board could not comply with the “identical in substance” mandate.
However,
in this situation, the Board is faced with a specific
mandate that it modify the scope of the program to add additional
tanks.
Tanks, we note,
that are specifically excluded in the
federal program.
The questions then become:
what scope is
intended;
and how can the change in scope best be effectuated,
without changing the way the parts of the program fit together?
Since the revision to the statutory mandate
in Section
22.4(d) (5) was effected in the same Public Act which added the
definitions to Section 22.18, it seems most likely that the
intent was to include those “heating oil USTs” now eligible for
reimbursement under the State fund.
The Board has therefore
proposed to make its UST rules applicable to “heating oil USTs”
as defined in Section 22.18.
There are two basic ways of changing the scope of the UST
rules.
The first approach would be to modify the definitions
in
Section 731.112 to make them consistent with Section 22.18(e),
and ‘then add “heating oil USTs” to the applicability statement in
Section 731.110.
The second approach, which the Board is
proposing to follow, would use the statutory definitions within
the applicability statement Section
731.110,
thus retaining the
USEPA definitions in Section 731.112, for use within the body of
the rules.
The Board has rejected the first approach because,
as
discussed above,
it carries a risk of introducing fundamental
changes in the way the USEPA-derived rules relate to each other
(and in the scope of rules not directly related to the heating
oil question).
In addition,
it would make
it. difficult to
maintain the rule set in routine update Dockets, since it would
be necessary to continuously guard against USEPA amendments
either to the definitions involved, or to Sections using the
terms with non-USEPA definitions.
The Board has therefore proposed to follow the second
approach, using the statutory definitions within the
applicability statement,
while retaining the USEPA definitions
in
Section 731.112,
for use within the body of the rules.
However,
this poses potential problems,
in that essential terms,
including
129—474
5
“heating oil”,
would have two different meanings within Part 731.
As discussed below, the Board has drafted the proposed rule so as
to clearly delineate the two definition sets.
APPLICABILITY DEFINITIONS
As discussed above, the Board has proposed to state the
applicability of Part 731 to “heating oil UST5”
by means of
limited use definitions drawn from Section 22.18(e)
of the Act.
It turns out that this is easier said than done, since the
definitibns in Section 22.18(e) themselves use terms which,
although undefined in the Act, are defined in the existing,
federally—derived Board rules.
It is fairly clear that P.A.
87-
232 was drawing on these rules for the more basic terms.
It is
therefore necessary to bring some of these terms into the
definitions used in the applicability statement.
The main term which must be drawn from the existing,
federally—derived rules is
“UST”.’
Since, as defined in Section
731.112, this includes the heating oil exception,
it cannot
simply be referenced in.
Rather, the Board has proposed to
repeat the general part of the text of this definition.
Several additional terms are used in the definition of
“UST”.
These include “beneath the surface of the ground”,
“pipe”,
“regulated substance” and “tank”.
These are simply
referenced in the applicability definitions.
Two other terms used in the definitions in Section 22.18 Ce)
of the Act are defined in the rules.
These are “consumptive use”
and “on the premises, where stored”.
The Board has proposed to
move the text of these definitions from the federally-derived
definitions of Section 731.112 to the applicability definition
set.
These terms are no longer needed in the general
definitions, since they were used only to state the heating oil
exemption in those rules.
The Board has added “Board notes” at
their places in the definition list, to aid future comparison
with the USEPA rules,
and as an important cross reference to aid
readers accustomed to finding the heating oil exclusion in the
USEPA rules.
Within the USEPA—derived regulations, the heating oil
exclusion is located as an exclusion from the definition of
“UST”.
The Board has proposed to strike the text of the
‘Actually,
Section
22.18(e)
includes
a definition of
“UST”.
However, this references the definition in the RCRA Act, which is
implemented in 40 CFR 280, which in turn is implemented in Section
731.112.
The Board has proposed to shorten this loop by directly
setting forth the definition.
129—4
75
6
exclusion.
A “Board note” will be left, cross referencing the
applicability statement in Section .731.110(e).
The applicability definition set reads as follows~:
Section 731.110(e) (1):
Definitions.
The following definitions apply to this
subsection only:
“Beneath the surface of the ground”
is as defined
in Section 731.112.
“Consumptive use” with respect to heating oil
means consumed on the premises.
“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.
(Section 22.18(e) (1) (H)
of
the Act)
“HEATING OIL UNDERGROUND STORAGE TANK” or “heating
oil UST”
MEANS
AN UNDERGROUND STORAGE TANK SERVING
OTHER
THAN
FARMS OR RESIDENTIAL UNITS THAT IS USED
EXCLUSIVELY TO STORE HEATING OIL FOR CONSUMPTIVE
USE ON THE PREMISES WHERE STORED.
(Section
22.18(e) (1) (I)
of the Act)
“On the premises where stored” with respect to
heating oil means UST systems located on the same
property where the stored heating oil
is used.
“Pipe” or “piping”
is as defined in Section
731.112.
“Regulated substance”
is as defined in Section
731.112.
“Tank” is as defined in Section 731.112.
“Underground storage tank”
(“UST”) means any one
or combination of tanks
(including underground
pipes connected thereto) which is used to contain
an accumulation of regulated substances, and the
volume of which
(including the volume of the
underground pipes connected thereto)
is ten per
centum or more beneath the surface of the ground.
TEXT OF EXCLUSION
129—476
7
With the applicability definitions so stated, the
applicability statement becomes relatively straightforward.
The
proposed text reads as follows:
Section 731.110(e):
2)
Subsection
(a)
-
(C)
notwithstanding, THIS PART
APPLIES TO OWNERS AND OPERATORS OF ANY HEATING OIL
UST.
(Section 22.4(d) (5)
of the Act)
3)
The owner or operator of a heating oil UST shall
comply with the same requirements as the owner or
operator of a “petroleum UST”,
as defined in
Section 731.112, any other provisions of this Part
notwithstanding.
BOARD NOTE:
This subsection implements Section
22.4(d) (5)
of the Act, which requires that this
Part be applicable to “heating oil USTs”, as that
term is defined in Section 22.18(e)
of the Act.
However, that and related terms are used in a
manner which is inconsistent with the definitions
and usage
in this Part.
The definitions used in
this applicability statement are therefore limited
to this subsection.
GLOBAL EXCLUSIONS
The USEPA, and Board,
UST rules contain six exclusions,
and
a number of deferrals Section
731.1,10(b) and
(c).
One of these
is the exclusion for USTs of 110 gallons or less.
However,
Section 22.4(d)
(5)
of the Act appears to leave no room for this
exclusion.
The Board’s rules must apply to “any heating oil
UST”,
a term which is defined in the statute without reference to
the exclusions.2
Therefore,
the way the Proposal
is structured,
the exclusions do not apply to heating oil tanks.
ORDER
The text of proposed Sections 731.110 and 731.112 follow.
These are drawn from the January
9,
1992 Proposed Order,
so that
changes made in that Order also appear in this Order.
The text
of Proposed Rules which will appear in the Illinois Register will
be formed by inserting these Sections
into the January
9 Order,
replacing the prior text.
The complete Proposal will appear in
the Illinois Register in the near future.
2The Board has above held that Section 22.4(d)
(5),
as added by
P.A. 87-323, intended to reference the statutory definitions added
to Section 22.18(e).
If P.A. 87-323 had been intended to reference
the regulatory definitions, the exclusions would arguably apply.
129—477
8
Section 731.110
Applicability
a)
This Part applies to owners and operators of an
Underground Storage Tank’ (UST). system
.
as.defined in
Section 731.112 except as otherwise provided in
subsections
(b),
(a) or
(d).
Any
UCT oyotcm liotcd in
~ubocotion
(c)
mucit mcct the rcquircmcnt3 of Ccction
731.111. or
(c).
b)
The following UST systems are excluded from the
requirements of this Part:
1)
Any UST system holding hazardous waste or a
mixture of such hazardous waste and other
regulated substances.
2)
Any wastewater treatment tank system that is part
of a wastewater treatment facility regulated under
Section 12(f)
of the Environmental Protection Act
(Ill. Rev.
Stat.
1987,
ch.
111 1/2. par.
1012(f)).
3)
Equipment or machinery that contains regulated
substances for operational purposes such as
hydraulic lift tanks and electrical equipment
tanks.
4)
Any UST system whose capacity is 110 gallons or
less.
5)
Any UST system that contains a de ininimus
concentration of regulated substances.
6)
Any emergency spill or overflow containment
UST
system that is expeditiously emptied after used.
c)
Deferrals.
Cubparto B,
C,
D,
E and C do Section
731.122 does not apply to any of the following types of
UST systems:
1)
Wastewater treatment tank systems;
2)
Any UST systems containing radioactive materials
that are regulated by the Nuclear Regulatory
Commission under the Atomic Energy Act of 1954
(42
U.S.C.
2011 et seq.);
3)
Any UST system that is part of an emergency
generator system at nuclear power generation
facilities regulated by the Nuclear Regulatory
Commission under 10 CFR 50, Appendix A,
incorporated by reference in Section 731.113;
129—478
9
4)
Airport hydrant fuel distribution systems; and
5)
UST systems with field-constructed tanks.
d)
Dcfcrralo.
Subpart D docG not apply to any UCT 3y3tcm
that 3torcQ fuel oolcly for UQC by cmcrgcncy power
gcncratoro.
~j
Heating oil USTs.
jj.
Definitions.
The following definitions apply to
this subsection only:
“Beneath the surface of the ground”
is as
defined in Section 731.112.
“Consumptive use” witn respect to heating oil
means consumed on the premises.
“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.
(Section
22.18(e) (1) (H)’ of the Act)
“HEATING OIL UNDERGROUND STORAGE TANK” or
“heating oil UST” MEANS AN UNDERGROUND
STORAGE TANK SERVING OTHER
THAN
FARMS OR
RESIDENTIAL UNITS THAT IS USED EXCLUSIVELY TO
STORE HEATING OIL FOR CONSUMPTIVE USE ON THE
PREMISES WHERE STORED.
(Section
22.18(e) (1) (I)
of the Act)
“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.
“Heating oil underground storage tank”
means an underground storaae tank
serving other than farms or residential
units that is used exclusively to store
heating oil for consumptive use on the
premises where stored.
“On the premises. where stored” with respect
to heating oil means UST systems located on
the same pro~ertvwhere the stored heating
oil is used.
129—479
10
“Pipe” or “piping” is as defined in Section
731.112.
“Regulated substance” is as defined’in
Section 731.112.
“Tank”
is as defined in Section 731.112.
“Underground stora~etank”
(“UST”)
is means
any one or combination of tanks
(including
underground pipes connected thereto) which
is
used to contain an accumulation of regulated
substances,
and the volume of which
(including the volume of the underground
~i~es connected thereto)
is ten ~er centum or
more beneath the surface of the ground.
21
Subsections
(a)
-
(c) notwithstanding,
THIS PART
APPLIES TO OWNERS AND OPERATORS OF ANY HEATING OIL
UST.
(Section 22.4(d)
(5)
of the Act)
fl
The owner or operator of a heating oil UST shall
comply with the same requirements as the owner or
operator of a “petroleum UST”,
as defined
in
Section 731.112. any other provisions of this Part
notwithstanding.
BOARD NOTE:
This subsection implements Section
22.4(d) (5)
of the Act, which requires that this
Part be applicable to “heating oil.USTs”,
as that
term is defined in Section 22.18(e)
of the Act.
However, that and related terms are used in a
manner which
is inconsistent with the definitions
and usage
in this Part.
The definitions used in
this ap~licabilitvstatement are therefore
limited
to this subsection.
(Source:
Amended at 16 Ill. Reg.
,
effective
)
Section 731.112
Definitions
“Aboveground release” means 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 an UST system and aboveground releases associated
with overfills and transfer operations as the regulated
substance moves to or from an UST system.
“Act” means the Environmental Protection Act
(Ill. Rev.
Stat.
1987,
ch.
111 1/2, par. 1001 et seq.).
129—480
11
“Agency” means the Illinois Environmental Protection
Agency.
“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 an
UST.
“Belowground release” means any release to the
subsurface of the land and to groundwater.
This
includes, but is not limited to, releases from the
belowground portions of an underground storage tank
system and belowground releases associated with
overfills and transfer operations as the regulated
substance moves to or from an underground storage tank.
“Beneath the surface of the ground” means beneath the
ground surface or otherwise covered with earthen
materials.
“Board” means the Illinois Pollution Control Board.
“cathodic protection” is a technique to prcvcnt
corrosion of a metal surfaec by making that surface the
cathode of an elactrochemical ccli.
For example,
a
tank system can be cathodically protected through the
application of either galvanic anodes or imprcsscd
current.
“Cathodic protection tester” means 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 persons shall
have education and experience in soil resistivity,
strm-r current,
struoturc—to-soi.i. T~ntcnt1aiana
component electrical isolation measurements of buried
metal piping and tank systems.
“CERCLA”
means the Comprehensive Environmental
Response, Compensation and Liability Act of 1980,
as
amended
(42 U. S.C. 9601 et seq.)
“Compat~.nic~means
....o 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 bc encountered in the UCT.
“Connected piping” means all underground piping
including valves,
elbows,
joints, flanges and flexible
129—48 1
12
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 must be allocated equally between them.
~
usc~witn respect to ncat~~ng
oii moans
consumed on the premises. BOARD NOTE:
For “consumptive
use” see Section 731.110(el.
“Corrosion expert” moans 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
National Association of Corrosion Engineers or be
a
registered professional engineer who has certification
or licensing that includes education and experience
in
corrosion control of buried or submoraod metal piping
systems and metal tanks.
“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 UST system
(e.g.,
tank from piping).
“Electrical equipment” means underground equipment that
contains dielectric fluid that is necessary for the
operation of equipment such as transformers and buried
electrical cable.
“ESDA” means the Illinois Emergency Services and
Disaster Agency.
“Excavation zone” means the volume containing the tank
system and backfill material bounded by the ground
surface, wall and floor of the pit and trenches ±nto
which the UST system is placed at the time of
installation.
I.
_._____
—
.s____.._
_____.,_._~_..
contain an accumulation of rcgulatcd riubotanoco or for
which installation has oommcnccd on or before December
22,
1985.
Installation is considered to have commenced
if:
-
itor has obtained all federal,
129—482
13
~
local approvaL.
begin physical construction of the site or
installation of the
tank
system 7
it
cicneri
A continuous on-3itc physical construction or
installation program has ~cgun; or,
The owner or operator has entered into
contractural obligations, which cannot be
cancelled or modified without substantial
.i.oss,
ror pnyslcai. construction at mc site
installation of the tank system to be
completed within a reasonable
‘-~-
“Farm tank” is a tank located on a tract of land
devoted to the production of crops or raising animals,
including fish,
and associated residences and
improvements.
A farm tank must be located on the farm
property.
“Farm” includes fish hatcheries, rangeland
and nurseries with growing operations.
“Fire Marshal” means the Office of the State Fire
Marshal.
“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 into the production process or for the
storage of finished products or by—products from the
production process.
“Free product” refers to a regulated substance that is
present as a nonaqueous liquid phase
(e.g.,
liquid not
dissolved in water.)
“Gasoline Storage Act” means “An Act To Regulate
The
Ctoragc, Transportation,
Sale
And
Usc Of Casolinc And
Volatile Oils”, as anmended
(Ill. Rev.
Stat. 198~, ch.
127 1/2, par.
151 et seq.)
as amended by P.A.
87-323.,
“Gathering lines” means 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 listed in 40
CFR 302.4,
incorporated by reference in Section 731.113
129—483
14
(but not including any substance regulated as a
hazardous waste under 35 Ill.
Adm. Code 721).
BOARD NOTE:
This definition is derived from the
definition of “hazardous substance UST system” in 40
CFR 280.12, as adopted at 53 Fed. Reg.
37194,
September
23,
1988,
and “hazardous substance” in Section 101(14)
of CERCLA.
The United States Environmental Protection
Agency
(USEPA) regulations which implement the statutes
cited in CERCLA have been inserted in place of the
authorizing statutes.
“Hazardous substance UST system” means an underground
storage tank system that contains a “hazardous
substance”,
or any mixture of “hazardous substances”
and “petroleum” which is not a “petroleum UST system”.
BOARD NOTE:
This definition is derived from the
corresponding definition in 40 CFR 280.12,
as adopted
at 53 Fed. Reg.
37194,
September 23,
1988, inserting
terms defined elsewhere in this Section.
“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); or
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.
BOARD NOTE:
For the applicability of these rules to
heating oil USTs, see Section 731.110(e).
“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,
elevator and other similar devices.
cncv”.
See Section 731.114.
“Liquid trap” means sumps, well cellars and other traps
used in association with oil and gas production,
gathering and extraction operations (including gas
production plants), for the purpose of collecting oil,
water and other liquid.
These liquid traps may
temporarily collect liquids for subsequent disposition
for reinjection into a production orpipeline stream,
or may collect and separateliquids from gas stream.
“Naintenanco” means the normal operational upkeep to
prevent an underground storage tank system from
releasing product.
129—484
15
“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~motorengine.
“New tank system” means a tank system that will be used
to contain an accumulation of regulated substances and
for which installation has commenced after December 22,
1988.
(See also “Existing Tank System.”)
“Noncommercial purposes” with respect to motor fuel
means not for resale.
“On the premises where stored” with respect to heating
oil means UST systems located on the same property
where the stored hcating oil is used.
BOARD NOTE:
For
the definition of “on the premises where stored”,
see
Section 731.110(e).
iriotallationofthctanksy
;irrnnnl
1if~”
~
tn ~
period beginning
.~n
....,~_lvclosed
“Operator” means any person in control of,
or having
responsibility for, the daily operation of the UST
system.
“Overfill release” is a release that occurs when a tank
is filled beyond its capacity, resulting in a discharge
of the requlated substance to the environment.
“Owner” means:
In the case of an UST system in use on November
8,
1984,
or brought into use after that date,
any
person who owns an 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.
“Person” means an individual,
trust,
firm,
joint ‘stock
company,
federal agency,
corporation,
state, unit of
local government,
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” means crude oil or any fraction thereof
until the
Subpart
129—485
16
which is liquid at standard conditions of temperature
and pressure
(60 degrees Fahrenheit and 14.7 pounds per
square inch absolute).
The term “petroleum” includes,
but is not limited to, petroleum and petroleum-based
substances comprising a complex blend of hydrocarbons
derived from crude oil through processes of separation,
conversion, upgrading and finishing, such as motor
fuels,
jet fuels, distillate fuel oils, residual fuel
oils,
lubricants, petroleum solvents and used oils.
BOARD NOTE:
This definition is derived from the
definitions of “petroleum UST system” and “regulated
substance” in 40 CFR 280.12,
as adopted at 53 Fed. Reg.
37194,
September 23,
1988.
“Petroleum UST system” means an underground storage
tank system that contains petroleum or a mixture
of
“petroleum” with de minimus quantities of other
“regulated substances”.
BOARD
NOTE:
This definition
is derived from the
corresponding definition in 40 CFR 280.12, as adopted
at 53
Fed.
Reg. 37194,
September 23,
1988,
inserting
terms defined elsewhere in this Section.
“Pipe” or “Piping” means a hollow cylinder or tabular
conduit that is constructed of non—earthern materials.
“Pipeline facilities
(including gathering lines)” are
new and existing pipe rights-of—way and.any associated
equipment, facilities or buildings.
“Regulated substance” means any “hazardous substance”
or “petroleum”.
BOARD NOTE:
This definition
is derived froiu the
corresponding definition in 40 CFR 280.12,
as adopted
at 53
Fed. Reg.
37194,
September 23,
1988,
inserting
terms defined elsewhere in this Section.
“Release” means any spilling, leaking, emitting,
discharging, escaping, leaching or disposing from an
UST into groundwater, surface water or subsurface
soils.
to restore a tank or UCT system
“Release detection” means determining whether a release
of a regulated substance has occurred from the UCT
system into the environment or into the interstitial
space between
~‘
.hc UST sy~’
or secondary containment around
ic.
~dits
secondary
barri~~
129—486
17
--
d a release of product from th
UST system.
“Residential tank” is a tank located on property used
primarily for dwelling purposes.
“Septic tank” is a water—tight covered receptacle
designed to receive or process, through liquid
separation or biological digestion, the sewage
discharged from a building sewer.
The effluent from
such receptacle is distributed for disposal through the
soil and settled soilds and scum from the tank are
pumped out periodically and hauled to a treatment
facility.
“Storm water or wastewater collection system” means
piping,
pumps, conduits 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 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”
is a natural topographic
depression,
man—made excavation,
or diked area formed
primarily of earthern 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-earthern materials
(e.g., concrete,
steel,
plastic)
that provide structural support.
“Underground area” means an underground room,
such as
a
basement, cellar, shaft or vault, providing enough
space for physical inspection of the exterior of the
tank situated on or above the surface of the floor.
“Underground release” means any below—ground release.
“Underground storage tank” or “UST” means any one or
combination of tanks
(including underground pipes
connected thereto) which is used to contain an
accumulation of regulated substances, and the volume of
which
(including the volume of the underground pipes
connected thereto)
is ten per centum or more beneath
the surface of the ground.
Such term does not include
any:
129—487
18
Farm or residential tank of 1,100 gallons or less
capacity used for storing motor fuel for
noncommercial purposes.
Tanic
uses tor storing acating
cii. ror consumptive
use on the promises where atorcd.BOARD NOTE:
For
the applicability of these rules to heating oil
tanks,
see Section 731.110(e).
Septic tank.
Pipeline facility (including gathering lines)
regulated under:
The Natural Gas Pipeline Safety Act of 1968
(49 U.S.C.A.
1671 et seq.
(1987 and 1987
Supp.)), or
The Hazardous Liquid Pipeline Safety Act
of
1979
(49 U.S.C.A. 2001 et seq.
(1987)), or
The Illinois Gas Pipeline Safety Act
(Ill.
Rev.
Stat.
1987,
ch.
111 2/3,
pars.
551 et
seq.).
Surface impoundment, pit, pond or lagoon.
Storm—water or wastewater collection system.
Flow—through process tank.
Liquid trap or associated gathering lines directly
related to oil or gas production and gathering
operations.
Or,
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.
The term “underground storage tank” does not include
any pipes connected any tank which is described In the
above subparagraphs.
“Upgrade” means mno i~iciaimionor retrofit or
SOme
systems such as cathodic protection,
lining or spill
and overfill controls to improve the ability of an
underground storage
tank
syctcm to prevent the release
pf
r~rpduct.
“USEPA” means United States Environmental Protection
Agency.
129—488
19
“UST system” or “Tank system” means an underground
storage tank,
connected underground piping, underground
ancillary equipment, and containment system,
if any.
“Wastewater ‘treatment tank” means a tank that is
designed to receive and treat an influent wastewater
through physical, chemical or biological methods.
(Source:
Amended at
16 Ill.
Reg.
,
effective
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that 1h~above Opinion and Order was
adopted on the~2~’~day
of~.
)-~-~-~-&~
,
1992, by a vote
of
Dorothy M.
Illinois P0
Control Board
129—489
