PURPOSE: This rule defines specific words used in this chapter.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Many definitions relevant to this rule are set forth in the underground storage tank law in section 319.100, RSMo. The regulations set forth in 40 CFR part 280.12, July 1, 2010, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions. The definitions set forth in 40 CFR 280.12, are subject to the following additions, modifications, substitutions, or deletions in the subsections:

   1. (A) Definitions beginning with the letter A.

      1. 1. “Annual” means recurring, done, or

performed every three hundred sixty-five (365) days.

1. 2. “Annually” means at least once every

three hundred sixty-five (365) days;

1. (B) Definitions beginning with the letter B. (Reserved);

2. (C) Definitions beginning with the letter C.

   1. 1. To the definition of “CERCLA” at 40

CFR 280.12, incorporated in this rule, add the words “by the Superfund Amendments and Reauthorization Act of 1986” after the words “as amended”;

1. (D) Definitions beginning with the letter D.

   1. 1. “De minimus” means—

      1. A. Any volume of regulated sub-

stance(s) contained in a tank with a capacity of less than one hundred ten (110) gallons; or

1. B. A very low concentration of regu-

lated substances; or

1. C. Any volume of regulated sub-

stance(s) contained in an emergency backup tank that holds regulated substances for only a short period of time and is expeditiously emptied after use. (Comment: De minimus tanks include: swimming pools, permitted wastewater treatment facilities, and chlorinated, potable water storage tanks. An oil-water separator is not a de minimus system unless the tank has a less than one hundred ten (110) gallon capacity.)

1. 2. “Department,” unless otherwise stated, means the Missouri Department of Natural Resources;

2. (E) Definitions beginning with the letter E.

   1. 1. In the definition for “existing tank

system” in 40 CFR 280.12 incorporated in this rule, substitute the date “September 28, 1990” for the date “December 22, 1988”;

1. (F) Definitions beginning with the letter F. (Reserved);
2. (G) Definitions beginning with the letter

1. G. (Reserved);

   1. (H) Definitions beginning with the letter H.

      1. 1. This definition shall apply in lieu of

the definition of “hazardous substance UST system” in 40 CFR 280.12 incorporated in this rule. “Hazardous substance UST system” means a UST system that contains a hazardous substance defined in Section 101(14) of the CERCLA (but not including any substance regulated as a hazardous waste under the Missouri Hazardous Waste Management Law, sections 260.350–260.434, RSMo) or any mixture of these substances and petroleum, and which is not a petroleum UST system;

1. (I) Definitions beginning with the letter I.

   1. 1. The definition for “implementing

agency” in 40 CFR 280.12 is not incorporated into this rule.

1. 2. The term “in-operation” means input

or output that occurs on a regular basis for the tank’s intended purpose.

1. 3. The terms “in-service” and “in-use”

are equivalent and mean that the tank system contains more than one inch (1") of a regulated substance or residue or three-tenths percent (0.3%) by weight of the total capacity of the UST system of regulated substance. A tank is considered to be in-service and in-use beginning with the first input of a regulated substance into the tank system.

1. 4. The term “installer” means any per-

son, partnership, corporation, company, business, firm, society, or association that installs part or all of an underground storage tank system;

1. (J) Definitions beginning with the letter J. (Reserved);
2. (K) Definitions beginning with the letter

1. K. (Reserved);

   1. (L) Definitions beginning with the letter L. (Reserved);

   2. (M) Definitions beginning with the letter M.

      1. 1. “Month,” unless otherwise stated,

means thirty (30) days.

1. 2. “Monthly” means at least once every

thirty (30) days;

1. (N) Definitions beginning with the letter N.

   1. 1. In the definition for “new tank sys-

tem” in 40 CFR 280.12 incorporated in this rule, substitute the date “September 28, 1990” for the date “December 22, 1988”;

1. (O) Definitions beginning with the letter O.

   1. 1. In the definition for “operational life”

in 40 CFR 280.12 incorporated in this rule, Substance Storage Tanks

substitute “10 CSR 26-2.060–10 CSR 26- 2.064” for “Subpart G.”

1. 2. The terms “out-of-service” and “out-

of-use” are equivalent and mean that the tank system has been emptied so that no more than one inch (1") of regulated substance or residue or three-tenths percent (0.3%) by weight of the total capacity of the UST system remains.

1. 3. The definition for “owner” in 40

CFR 280.12 is not incorporated in this rule, and the definition in section 319.100(9), RSMo, shall be used instead;

1. (P) Definitions beginning with the letter P.

   1. 1. The definition for “person” in 40

CFR 280.12 is not incorporated in this rule and the definition in section 319.100(11), RSMo, shall be used instead;

1. (Q) Definitions beginning with the letter

1. Q. (Reserved);

   1. (R) Definitions beginning with the letter R.

      1. 1. The definition for “regulated sub-

stance” in 40 CFR 280.12 is not incorporated in this rule, and the definition in section 319.100(14), RSMo, shall be used instead.

1. 2. The definition for “release” in 40

CFR 280.12 is not incorporated in this rule, and the definition in section 319.100(15), RSMo, shall be used instead.

1. 3. “Routinely contains regulated sub-

stance” means that a regulated substance regularly passes through the piping, but does not necessarily mean that the piping must continuously hold a regulated substance. Satellite lines, gravity piping, and remote fill lines, including lines from aboveground storage tank(s) to underground storage tank(s), all routinely contain a regulated substance. Vapor lines, including vent lines and vapor recovery lines, are not included;

1. (S) Definitions beginning with the letter S.

   1. 1. In lieu of the definition for “septic

tank” in 40 CFR 280.12, the definition for “septic tank” shall be any watertight, covered receptacle designed and constructed to receive the discharge of sewage, separate solids from liquid, digest organic matter, store liquids through a period of detention, and allow the clarified liquids to discharge to a soil treatment system;

1. (T) Definitions beginning with the letter T.

   1. 1. “Triennial” means recurring, done,

or performed every one thousand ninety-five (1,095) days.

1. 2. “Triennially” means at least once

every one thousand ninety-five (1,095) days.

1. (U) Definitions beginning with the letter U.

   1. 1. In the definition of “upgrade” in 40

CFR 280.12 incorporated in this rule, substitute the words “regulated substance” for the word “product.”

1. 2. The definition for “underground stor-

age tank” or “UST” found in 40 CFR 280.12 is not incorporated in this rule, and the definition in section 319.100(16), RSMo, shall be used instead;

1. (V) Definitions beginning with the letter V. (Reserved);
2. (W) Definitions beginning with the letter

1. W. (Reserved);

   1. (X) Definitions beginning with the letter

2. X. (Reserved);

   1. (Y) Definitions beginning with the letter Y. (Reserved);
   2. (Z) Definitions beginning with the letter Z. (Reserved).

AUTHORITY: sections 319.100, 319.105, 319.107, 319.111, and 319.114, RSMo 2000, and sections 319.109 and 319.137, RSMo Supp. 2010.* This rule originally filed as 10 CSR 20-10.012. Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Dec. 31, 1991, effective Aug. 6, 1992. Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996. Amended: Filed Jan. 14, 1997, effective Sept. 30, 1997. Amended: Filed April 1, 1999, effective March 30, 2000. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. *Original authority: 319.100, RSMo 1989, amended 1991, 1993, 1996, 1998; 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; 319.109, RSMo 1989, amended 1995, 2004, 2008; 319.111, RSMo 1989; 319.114, RSMo 1989; 319.132, RSMo 1991, amended 1995, 1996, 1998; and 319.137, RSMo 1989, amended 1993, 1995, 2004.