11 Miss. Code. R. § 5-2.1-280.10 - Applicability

(a) The requirements of this part apply to all owners and operators of an UST system as defined in § 280.12 except as otherwise provided in paragraphs (b), (c), and (d) of this section. Any UST system listed in paragraph (c) of this rule must meet the requirements of § 280.11.

(1) Previously deferred UST systems. Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST systems installed prior to October 1, 2008 that store fuel solely for use by emergency power generators must meet the requirements of this part as follows:

(i) Airport hydrant fuel distribution systems and UST systems with field constructed tanks must meet the requirements in Rule 2.10.

(ii) UST systems installed prior to October 1, 2008 that store fuel solely for use by emergency power generators must meet the Rule 2.4 requirements on or before October 5, 2021.

(iii) UST systems that store fuel solely for use by emergency power generators installed after October 1, 2008 must meet all applicable requirements of this part at installation.

(b) The following UST systems are excluded from the requirements of this part:

(1) Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, 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 402 or 307(b) of the Clean Water Act.

(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 minimis concentration of regulated substances.

(6) Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

(c) Deferrals. Rules 2.2, 2.3, 2.4, 2.5 and 2.7 do not apply to any of the following types of UST systems:

(1) Wastewater treatment tank systems that are not covered under paragraph (b)(2) of this section;

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

(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 part 50.

(4) Above ground storage tanks associated with:

(i) Airport hydrant fuel distribution systems regulated under Rule 2.10; and

(ii) UST systems with field-constructed tanks regulated under Rule 2.10;

Notes

11 Miss. Code. R. § 5-2.1-280.10

Amended 10/6/2018