(1) Program scope: general.
(a) Purpose, scope, and applicability.

This rule provides definitions of terms, general standards and procedures, as well as overview information applicable to these rules.

(b) Use of number and gender.

As used in these rules:

1. Words in the masculine gender also include the feminine and neuter genders;
2. Words in the singular include the plural; and
3. Words in the plural include the singular.
(c) Rule structure.

These rules are organized, numbered, and referenced according to the following outline form: (1) paragraph (a) subparagraph 1. part (i) subpart (I) item I. subitem A. section (A) subsection

(2) Program scope: applicability.
(a) The requirements of this chapter apply to all owners and/or operators of an UST system as defined in paragraph (4) of this rule except as otherwise provided in subparagraphs (b) and (c) of this paragraph. Any UST systems listed in part (b)1. of this paragraph shall meet the requirements of part (b)2. of this paragraph.
1. UST systems that store fuel solely for use by emergency power generators must meet the requirements of this chapter; provided that the release detection requirements in Rule 0400-18-01-.04 apply to:
(i) Those systems installed on or before the effective date of this rule no later than three years after the effective date of this rule; provided, that those systems may comply prior to such date; and
(ii) Those systems installed after the effective date of this rule at installation.
2. Airport hydrant fuel distribution systems and UST systems with field-constructed tanks must meet the requirements in Rule 0400-18-01-.17.
(b) Partial Exclusions.
1. The following UST systems are excluded from Rules 0400-18-01-.02 through 0400-18-01-.05 and 0400-18-01-.07 through 0400-18-01-.10, 0400-18-01-.16, and 0400-18-01-.17:
(i) Wastewater treatment tank systems not excluded by under part (c)2. of this paragraph;
(ii) Aboveground storage tanks associated with airport hydrant fuel distribution systems regulated under Rule 0400-18-01-.17;
(iii) Aboveground storage tanks associated with UST systems with field-constructed tanks regulated under Rule 0400-18-01-.17;
(iv) Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954)42 U.S.C. 2011 and following); and
(v) Any UST system that is part of an emergency generator system at nuclear power generation facilities licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including but not limited to 10 C.F.R. part 50.
2. Installation requirements for partially excluded UST systems.
(i) No person may install a UST system for the purpose of storing petroleum unless the UST system (whether of single or double-wall construction):
(I) Will prevent releases due to corrosion or structural failure for the operational life of the UST system;
(II) Is 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 petroleum; and
(III) Is constructed or lined with material that is compatible with the petroleum.
(ii) Notwithstanding subpart (i) of this part, a UST system without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life. Owners and/or operators shall maintain records that demonstrate compliance with the requirements of this subpart for the remaining life of the tank.
(c) Exclusions. The following UST systems are excluded from the requirements of this chapter:
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 petroleum 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 petroleum 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 petroleum; and
6. Any emergency spill or overflow containment UST system that is expeditiously emptied after use.
(3) Reserved.
(4) 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 a UST system and aboveground releases associated with overfills and transfer operations as the petroleum moves to or from a UST system.

"Access" means the ability and opportunity to gain knowledge of proprietary information in any manner whatsoever.

"Accidental release" means any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank owner and/or operator.

"Airport hydrant fuel distribution system" or "airport hydrant system" means a UST system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). 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.

"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 petroleum to and from a UST.

"Annual aggregate" means the total amount of financial responsibility available to cover all obligations that might occur in one year.

"Assets" means properties, tangible or intangible, owned by a business enterprise that have monetary value.

"Authorized person" means any person, including members of the Board, authorized to receive proprietary information. Except for members of the Board, such authorization must be granted in writing by the Commissioner.

"Bedrock" means any rock, solid and continuous, which is exposed at the surface of the earth or overlain by unconsolidated material.

"Belowground release" means any release to the subsurface of the land or 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 petroleum 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 Underground Storage Tanks and Solid Waste Disposal Control Board as established by T.C.A. § 68-211-111.

"Bodily injury" means those bodily injuries caused by a release of petroleum from a UST system for which Tennessee law allows recovery.

"Bond rating agency" means a financial service entity, such as Moody's and Standard and Poor's, which provide ratings with respect to the overall quality of corporately issued bonds as measured by the safety of the principal and the interest. The ratings are used as indicators of a business's ability to self-assure.

"Borrower", "debtor" or "obligor" is a person whose petroleum underground storage tank or UST system is encumbered by a security interest. These terms are used interchangeably.

"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 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, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.

"Caused" in the context of third party claims means that degree of causation required by Tennessee law to allow recovery for damages caused by a release of petroleum from a UST system.

"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

"Chemicals of concern" means those chemicals that have been designated as such by the Division in a chemicals of concern list. The chemicals of concern shall be chemicals that are constituents of or result from the degradation of petroleum product(s) and/or additives released from regulated petroleum underground storage tanks. The list will include those chemicals with the highest risk to human health or the environment. The chemicals of concern for diesel fuel will be different from the chemicals of concern for gasoline.

"Chief executive officer" means:

1. In the case of a company or corporation, the highest ranking executive officer within a company or corporation who has responsibility for overall management of its day-to-day affairs under the supervision of a board of commissioners. The term chief executive officer may indicate an officer with dual responsibilities such as chief executive officer and president or chairman of the board and chief executive officer. The chief executive officer makes recommendations to the board on business policy and proposal but can also take specific actions on subsidiary matters. The chief executive officer also appoints most other officers of the corporation with the approval of the board of commissioners.
2. In the case of local government tank owners and operators or guarantors, the individual with the overall authority and responsibility for the collection, disbursement and use of funds by the local government.

"Class A Operator" means the individual(s) that has primary responsibility for operation and maintenance of underground storage tank systems and has successfully completed training requirements for this operator class in accordance with paragraph (2) of Rule 0400-18-01-.16.

"Class B Operator" means the individual(s) that has daily responsibility for the operation and maintenance of underground storage tank systems and has successfully completed training requirements for this operator class in accordance with paragraph (2) of Rule 0400-18-01-.16.

"Class C Operator" means any on-site employee that has primary responsibility for initially addressing emergencies presented by a spill or release from an underground storage tank system and has successfully completed training requirements for this operator class in accordance with paragraph (2) of Rule 0400-18-01-.16.

"Commissioner" means Commissioner of Environment and Conservation, the Commissioner's authorized representatives, or in the event of his absence or a vacancy in the commissioner's office, the Deputy Commissioner.

"Compartmentalized tank" means an underground storage tank that consists of two or more tank compartments, which are separated from each other by a wall or bulkhead.

"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.

"Connected piping" means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which petroleum flows. 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 them.

"Consumption" with respect to heating oil means consumed on the premises where stored.

"Containment sump" means a liquid-tight container that protects the environment by containing leaks and spills of petroleum 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 tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at the other points in the piping run (transition or intermediate sump).

"Continuous in-tank leak detection system" means a release detection system that allows an underground storage tank to operate continuously or nearly continuously without interruption for release detection tests. However, the system may default to a standard or shut down test, requiring the tank to be taken briefly out of service at the end of the month if sufficient good data has not been obtained over the month. These methods include continuous automatic tank gauging systems and continual reconciliation systems.

"Corrective action" means any activity, including but not limited to evaluation, planning, design, engineering, construction, and any ancillary service, which is carried out in response to any discharge or release of petroleum.

"Corrective action contractor" or "CAC" means a person who is carrying out any corrective action, including a person retained or hired by such person to provide services relating to a corrective action.

"Corrosion expert" means 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 submit documentation for review by the Division that the person has accreditation or certification as a corrosion protection specialist or cathodic protection specialist by the National Association of Corrosion Engineers (NACE) or equivalent title. If it is determined by the Division that a person has sufficient experience and education to be qualified to take responsible charge in corrosion control of buried or submerged metal piping systems and metal tanks, then that person shall be classified by the Division as a corrosion expert for the purposes of this rule.

"Damages" in the context of third party claims means the value or cost of bodily injury or property damage caused by the release of petroleum from a UST system as determined by using methods allowed under Tennessee law.

"Date of release" means the earliest date that proof of a release exists. This will be the date a release is reported to or discovered by the Division unless an earlier date is determined during the investigation of the release.

"De minimis" means very low concentrations of petroleum.

"Department" means the Tennessee Department of Environment and Conservation.

"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 (for example, tank from piping).

"Director" means the director of the Division.

"Dispenser" means equipment located aboveground that dispenses petroleum products from underground storage tank systems.

"Dispenser system" means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system including the flex connector and shear valves.

"Division" means the division designated by the Commissioner as the agency to implement the Underground Storage Tank Program in Tennessee.

"Document" means any recorded information regardless of its physical form or characteristics, including, but not limited to, written or printed material; processing cards and tapes; maps; charts; paintings; drawings; engravings; sketches; working papers and notes; reproductions of such things by any means or process; and sound, voice, or electronic recordings in any form.

"Document control number" means the unique number assigned by the document control officer to any document containing proprietary information.

"Document control officer" means the individual authorized by the Commissioner in writing to be responsible for all incoming and outgoing documents identified as containing proprietary information.

"Drinking water supply" means any aquifer or water source whose chemical characteristics meet the primary and secondary drinking water standards as defined under Chapter 0400-45-01 and that provides a yield of at least one-half gallon per minute. Drinking water supply shall also include any water supply used for drinking by the citizens of the state.

"Electrical equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

"Engineering control" means a modification to a site to reduce or eliminate the potential for migration of, and exposure to, chemicals of concern. An engineering control can be used to eliminate a pathway to reduce future risk. Engineering controls may include, but are not limited to: physical or hydraulic control measures, caps, liners, point-of-use treatments, slurry walls or vapor barriers.

"Excavation zone" means 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.

"Exposure pathway" means the course a chemical(s) of concern takes from a source area(s) to a receptor. Each exposure pathway includes a source area(s), a point of exposure, and an exposure route, and usually a transport/exposure medium or media.

"Face amount" or "face value" means the total amount the insurer is obligated to pay under an insurance policy.

"Facility is operating", for purposes of Rule 0400-18-01-.16, means normal or extended business hours when product can be dispensed from UST systems. This does not include periods when a facility is closed for business, nor when a facility is closed, but deliveries can be made to UST systems.

"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 shall be located on the farm property. "Farm" includes fish hatcheries, rangeland and nurseries with growing operations.

"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.

"Financial reporting year" means the annual period for which a business compiles its performance data for the purpose of the assessment of the business as "a going concern" by its managers, investors, creditors, and government regulators.

"Financial statements" means financial performance data compiled by the subject business that have undergone the review and evaluation of an independent certified public accountant for the purpose of assessing the conformity of the business' accounting practices with generally accepted accounting principles (GAAP). The independent Certified Public Accountant (CPA), issues a statement summarizing his/her assessment or findings.

"Financial strength ratios" mean a financial comparison of the relationship of any two or more performance indicators of a business with the industry standard for the relationship between such performance indicators. The calculation of these ratios and their subsequent comparison to industry norms can be helpful in assessing the ability of a business to provide self-assurance to meet the financial assurance requirements of this rule. This chapter utilizes the following three ratios to evaluate a business's ability to self-assure:

1. "Total liabilities to net worth" means a ratio that expresses the relationship between capital contributed by creditors and capital contributed by owners. If debt is substantial relative to equity, it means that a relatively small decrease in the value of assets could wipe out the owner's equity and remove protection from creditors who could force the business into bankruptcy.
2. "Net income, depreciation, depletion and amortization to total liabilities" means a ratio that expresses the ability of a business to service its debt, long term and short term, from cash flow from business operations without borrowing money for the repayment of debt.
3. "Current assets to current liabilities" means a ratio that is used to measure the short term solvency of a business. It is the most commonly used ratio and indicates the extent to which the claims of short-term creditors are covered by assets expected to be converted to cash in a period roughly corresponding to the maturity of the claim.

"Flow-through process tank" means a tank whose principle use is not for storage but is primarily used in the manufacture of a product or in a treatment process. Flow-through process tanks form 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.

"Foreclosure" or "foreclosure and its equivalent" means purchase at a foreclosure sale, acquisition or assignment of title in lieu of foreclosure, termination of a lease or other repossession, acquisition of right to title or possession, an agreement in satisfaction of the obligation, or any other formal or informal manner (whether pursuant to law under warranties, covenants, conditions, representations or promise from the borrower) by which the holder acquires title to or possession of secured property.

"Free product" refers to petroleum that is present as a nonaqueous phase liquid (that is, liquid not dissolved in water).

"Fund" means the petroleum underground storage tank fund established under T.C.A. §§ 68-215-101 et seq. unless the context clearly indicates otherwise.

"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.

"Groundwater" means water below the land surface in a zone of saturation.

"Guidance" means written guidelines and/or guidance documents provided by the division. Such guidance is not mandatory, but provides information and instruction for achieving regulatory compliance. Other approaches to achieving regulatory compliance may be used in lieu of guidance provided by the Division, if those other approaches are proposed, in writing, by tank owners and/or operators for review and approval by the Division prior to implementation.

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

"Holder" is a person who maintains indicia of ownership primarily to protect a security interest in a petroleum underground storage tank or UST system. A holder includes the initial holder or purchaser (such as a loan originator), any subsequent holder (such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market), any subsequent assignee, transferee or purchaser from a holder, guarantor of an obligation, surety or any other person who holds ownership who acts on behalf of or for the benefit of a holder.

"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, and/or other similar devices.

"Impacted drinking water" means a water supply that contains chemicals of concern at levels that do or potentially may place human health at risk and that is being used for human consumption, and/or other human domestic use including, but not limited to, bathing, cooking, and dishwashing.

"Indicia of ownership" means evidence of a security interest, evidence of an interest in a security interest or evidence of an interest in real or personal property securing a loan or other obligations, including any legal or equitable title to real or personal property acquired incident to foreclosure and its equivalents. Evidence of such interests includes, but is not limited to, mortgages, deeds of trust, liens, surety bonds and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property (herein "lease financing transaction"), and legal or equitable title obtained pursuant to foreclosure, and its equivalents. Evidence of such interests also includes assignments, pledges or other rights to or other forms of encumbrances against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain indicia of ownership.

"Information" means knowledge which can be communicated by any means.

"Installation" is the process of constructing a UST system for operation.

"Institutional control" means a legal means of limiting exposure to chemicals of concern at a petroleum site with a confirmed release of petroleum.

"Instruction" in the context of proprietary information means fully informing individuals in writing of their responsibilities for safeguarding proprietary information and the security procedures they shall follow.

"Legal defense cost" means any expense that an owner or operator, petroleum site owner, or provider of financial assurance incurs in defending against claims or actions brought:

1. By EPA or a state to require corrective action or to recover the costs of corrective action;
2. By or on behalf of a third party for bodily injury or property damage caused by an accidental release; or
3. By any person to enforce the terms of a financial assurance mechanism.

"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 liquids. These 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.

"Maintenance" means the normal operational upkeep to prevent an underground storage tank system from releasing petroleum.

"Month" means from the first day to the last day of the calendar month.

"Monthly" means at least once during a calendar month.

"Monitoring well" means a hole drilled into the earth, by boring or otherwise, constructed for the primary purpose of obtaining information on the elevation or physical, chemical, radiological or biological characteristics of the groundwater and/or for the recovery of groundwater for treatment.

"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, biodiesel, ultra low sulphur diesel, or any blend containing one or more of these substances (for example: motor gasoline blended with alcohol).

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

"Occurrence" means the discovery of environmental contamination at a specific time and date, due to the release of petroleum from petroleum underground storage tanks.

"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.

"Operation" means the use, storage, filling, or dispensing of petroleum contained in a petroleum underground storage tank or an underground storage tank (UST) system.

"Operational life" refers to the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under Rule 0400-18-01-.07.

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

"Operator Training", for purposes of Rule 0400-18-01-.16, means a program recognized by the Division as meeting the specific requirements for each operator class as published by EPA in the Final Grant Guidelines To States For Implementing The Operator Training Provision Of The Energy Policy Act Of 2005, August, 2007.

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

"Owner" means:

1. In the case of a 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 petroleum; and
2. 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.

"Owner or operator," in the context of financial responsibility, when the owner or operator are separate parties, refers to the party that is obtaining or has obtained financial assurances.

"Penal sum" means a sum to be paid as a penalty especially under the terms of a bond.

"Person" means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this state or any other state or country.

"Petroleum" means crude oil or any fraction thereof that is liquid at standard temperature and pressure (sixty degrees (60&) Fahrenheit and 14.7 pounds per square inch absolute). The term petroleum 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.

"Petroleum marketing facilities" include all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.

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

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

"Pipeline facilities (including gathering lines)" are new and existing pipe rights-of-way and any associated equipment, facilities, or buildings.

"Primarily to protect a security interest" means that the holder's indicia of ownership are held primarily for the purpose of securing payment or performance of an obligation, but does not include indicia of ownership held primarily for investment purposes, nor ownership indicia held primarily for purposes other than as a protection of a security interest. A holder may have other, secondary reasons for maintaining indicia of ownership, but the primary reason why ownership indicia are held shall be for protection of a security interest.

"Property damage" means those type damages to property caused by the release of petroleum from an UST system for which Tennessee law allows recovery.

"Property improvements" in the context of fund reimbursement includes, but is not limited to, petroleum dispensing equipment, canopies, signage, buildings and outbuildings, underground storage tanks, asphalt, and concrete.

"Proprietary information" means any confidential information that relates to a trade secret, product, apparatus, process, operation, style of work, or financial information which is owned (not necessarily exclusively) by or licensed to a person and claimed by that person to be proprietary and confidential; provided that the claim is accompanied by a written statement from such person relating the reasons why such information should be held confidential. Such information may be submitted to the Division by the owner/licensee of the trade secret, product, etc.; or by another governmental agency which has obtained the information. If submitted by the owner/licensee, the written statement accompanying the information claimed proprietary shall, at a minimum, answer the questions in parts 1. through 4. of this definition. If submitted by another governmental agency, the written statement need include only the accompanying statements/reasons obtained by that agency.

1. Will disclosure of the information be likely to substantially harm your competitive position? If so, what would the harm be, and why should it be viewed as substantial? What is the relationship between the disclosure and the harm?
2. What measures have you taken to guard against undesired disclosure of the information to others?
3. To what extent has the information been disclosed to others, and what precautions have you taken in connection with that disclosure?
4. Has the U.S. Environmental Protection Agency or any other Federal or State of Tennessee agency made a pertinent confidentiality determination? (If so, please include a copy of this determination, if available.)

"Provider of financial assurance" means an entity that provides financial assurance to an owner or operator of an underground storage tank through a mechanism or mechanisms allowed by subparagraph (4)(a) of Rule 0400-18-01-.08, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, or the State of Tennessee.

"Reasonable cost" means that monetary amount or range, as determined by the Division, to be commensurate with a corrective action. The Division's determination is based on an evaluation of typical costs expected for the particular corrective action under review considering the scope and complexity of the activities involved and/or hourly rates which are competitive among approved corrective action contractors.

"Receptor" means a person, structure, surface water body, or drinking water supply that receives or may potentially receive exposure to a chemical of concern as the result of a petroleum release.

"Release" means any spilling, overfilling, leaking, emitting, discharging, escaping, leaching, or disposing of a petroleum substance from a UST including its associated piping, into groundwater, surface water, or subsurface soils.

"Release detection" means determining whether a release of petroleum 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.

"Repair" means:

1. In the context of UST system operation, to restore to proper operating condition a tank or pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment, or other UST system component that has caused the release of petroleum from the UST system or has failed to function properly;
2. In the context of replacement of piping on or after July 24, 2007, restoration of a portion of piping in lieu of replacement of an entire piping run authorized by the division in writing; or
3. In the context of fund eligibility of property improvements, restoration of a property improvement to the position and condition it was in immediately prior to removal for the purpose of remediation of the contamination caused by a leaking petroleum underground storage tank system.

"Replaced" means:

1. For a tank - to remove a tank and install another tank.
2. For piping - to remove fifty percent (50%) or more of piping and install other piping, excluding connectors, connected to a single tank. For tanks with multiple piping runs, this definition applies independently to each piping run.

"Residential tank" is a tank located on property used primarily for dwelling purposes.

"Responsible party," except as specified in part 2. of this definition, means:

(i) The owner and/or operator of a petroleum site;
(ii) Any person who at the time of the release which caused the contamination was an owner and/or operator of a petroleum underground storage tank;
(iii) Any person whose intentional actions directly cause the release of petroleum at a petroleum site; or
(iv) Any person whose negligent actions directly cause the release of petroleum at a petroleum site, other than an employee, officer, director, principal, or shareholder of the owner or operator of the underground storage tank system or of the owner of the petroleum site.
2. A responsible party does not include a unit of state or local government which becomes an owner or operator of a petroleum site by acquiring ownership or control through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue of its function as sovereign, unless such governmental entity has otherwise owned or operated a petroleum underground storage tank on the site or has caused or contributed to the release or threatened release from such a tank.

"Retraining" means any remedial training approach imposed by the Division when significant operational compliance violations are discovered at a facility. Retraining may be directed to any or all operator classes assigned to a facility and may include requirements to successfully complete additional education, testing, and/or training, or be subject to other administrative or enforcement options at the discretion of the division.

"Risk Based Cleanup Level" or "RBCL" means the concentration of a chemical(s) of concern in soils or groundwater in the source area(s) that will assure an acceptable risk at the point of exposure, based upon conservative non-site-specific assumptions and default parameters.

"Routinely contains petroleum" means those parts of the UST system designed to store, transport or dispense petroleum.

"SARA" means the Superfund Amendments and Reauthorization Act of 1986.

"Secondary containment" or "secondarily contained means a release prevention and release detection system for a tank and/or piping. This system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.

"Security interest" means an interest in a petroleum underground storage tank or UST system or petroleum site which is created or established for the purpose of securing a loan or other obligation. Security interests include, but are not limited to, mortgages, deeds of trust, liens and title pursuant to lease financing transaction. Security interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, inventory and/or other personal property financing arrangements and consignments, if the transaction creates or establishes an interest in a petroleum underground storage tank or UST system or petroleum site for the purpose of securing a loan or other obligation.

"Septic tank" is a watertight 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 solids and scum from the tank are pumped out periodically and hauled to a treatment facility.

"Site specific cleanup level" or "SSCL" means the concentration of a chemical(s) of concern in soils or groundwater in the source area(s) that will assure an acceptable risk at the point of exposure, based upon site specific conditions.

"Source" means the source of contamination. Sources may include, but are not limited to, a leaking tank, a leaking underground storage tank system, a spill, an overfill, free product or residual contaminated soil or groundwater.

"Stormwater 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 stormwater and wastewater does not include treatment except where incidental to conveyance.

"Submersible turbine pump" or "STP" means a pump located inside a petroleum underground storage tank, positioned near the bottom of the tank, thereby "submerged" in the petroleum.

"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 petroleum and constructed of non-earthen materials (for example, wood, concrete, steel, fiberglass) that provide structural support.

"Tank compartment" means a portion of a UST that is separated from other portions of that UST by one or more walls, or bulkheads, creating two or more individual storage spaces within the UST.

"Termination" in the context of financial responsibility means only those changes that could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained substitute coverage with a different retroactive date than the retroactive date of the original policy.

"Third party" means any person except: the owner or operator of an UST system from which a release of petroleum occurred; the owner of the petroleum site; any person in his or her capacity as an agent, servant or employee of such owner or operator or petroleum site owner; the division; the department; or the Environmental Protection Agency.

"Third party claim" means any civil action brought or asserted by a third party against any owner and/or operator for damages resulting in bodily injury or property damages which are caused by a release of petroleum from an UST system.

"Unattended facility" means an unattended emergency generator or a facility that dispenses fuel without the presence of an attendant who monitors the pumps, such as card lock fleet facilities or an unattended service station. A facility that is unattended part of the time will be required to follow subparagraph (3)(c) of Rule 0400-18-01-.16 during the time the facility is attended and subparagraph (3)(d) of Rule 0400-18-01-.16 during the time the facility is unattended.

"Under-dispenser containment" or "UDC" means containment underneath a dispenser system designed to prevent leaks from the dispenser and piping within or above the UDC from reaching soil or groundwater.

"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 belowground release.

"Underground storage tank" or "UST" means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of petroleum, and the volume of which (including the volume of underground pipes connected thereto) is 10% or more beneath the surface of the ground. This term does not include any:

1. Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for non-commercial purposes;
2. Tank used for storing heating oil for consumption on the premises where stored;
3. Septic tank;
4. Pipeline facility (including gathering lines):
(i) Which is regulated under 49 U.S.C. chapter 601, or
(ii) Which is an intrastate pipeline facility regulated under state laws as provided in 49 U.S.C. chapter 601, and which is determined by the 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;
5. Surface impoundment, pit, pond, or lagoon;
6. Stormwater or wastewater collection system;
7. Flow-through process tank;
8. Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or
9. 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" or "UST" does not include any pipes connected to any tank which is described in parts 1. through 9. of this definition.

"Upgrade" means the addition or retrofit of some systems such as cathodic protection, lining, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of petroleum.

"UST facility" means any location at which one or more regulated underground storage tank systems are located.

"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.

"Waters" means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through or border upon Tennessee or any portion thereof except those bodies of water confined to, and retained within, the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters.

"Week" means any seven day period, provided that days run consecutively.

"Weekly", in the context of manual tank gauging, means once per week, resulting in a minimum of four weekly tests per month.

(5) Proprietary information.
(a) General.
1. Purpose, scope and applicability.

Any information which is supplied to the Division as required or necessitated by the Tennessee Petroleum Underground Storage Tank Act or the rules promulgated pursuant thereto or which is supplied by other governmental agencies and which is designated proprietary information (as defined in paragraph (4) of this rule) shall be handled by the Division as specified in this paragraph to assure that its confidentiality is maintained. Unless it is claimed or designated as proprietary at the time it is first delivered to the Division together with the supporting information required by paragraph (4) of this rule, any claim that it is proprietary is waived and any information supplied to the Division under or relating to these rules shall be available for public review at any time during the Division's normal business hours, subject to availability and scheduling limitations set by the Division, without further notice to any person supplying the information or having an interest in the information.

2. Policy.

Division employees are prohibited from disclosing, in any manner and to any extent not authorized by law or rules, any proprietary information coming to the employees in the course of their employment or official duties. Proprietary information is to be held in confidence, protected in accordance with the procedures described in this paragraph, and released to authorized persons.

(b) Responsibilities.
1. Commissioner.

The commissioner is responsible for:

(i) Designating a document control officer;
(ii) Assuring that all Division employees receiving and handling proprietary information receive instruction as to their responsibility for controlling proprietary information;
(iii) Maintaining a record which lists all employees who have authorized access to proprietary information;
(iv) Obtaining a "Confidentiality Agreement" from all employees having access to proprietary information;
(v) Obtaining a "Confidentiality Agreement upon Transfer or Termination" from all employees having access to proprietary information in the event such employees decide to terminate employment or are transferred to a position not requiring such access;
(vi) Assuring that the appropriate requirements for storage and use are met, including control of access to keys and combination;
(vii) Taking appropriate disciplinary action concerning any Division employees who fail to comply with the requirements of this paragraph; and
(viii) Notifying the person submitting proprietary information which has been disclosed in violation of the requirements of this paragraph of such occurrence.
2. Document control officer.

The document control officer is responsible for the maintenance, control, and distribution of all proprietary information received by the Division as follows:

(i) Logging of all proprietary information as received by the Division, both incoming and outgoing;
(ii) Assigning a document control number to each document received containing proprietary information;
(iii) Maintaining a system which identifies employees authorized to receive proprietary information;
(iv) Releasing proprietary information only to persons from whom the confidentiality agreements of subparts 1.(iv) and (v) of this subparagraph have been obtained;
(v) Maintaining a system to insure that any proprietary information transmitted to field locations is received;
(vi) Maintaining at division offices a system for retrieval of documents that are furnished to other program offices;
(vii) Authorizing and supervising the reproduction and destruction of proprietary information; and
(viii) Assuring that recipients of proprietary information have proper storage capability prior to release of such documents, or, if they do not, requiring return of the released proprietary information the same day.
3. Employees.

Employees are responsible for:

(i) Controlling all proprietary information entrusted to them;
(ii) Only discussing proprietary information with authorized persons;
(iii) Never leaving the proprietary information unattended when not properly stored;
(iv) Never discussing the proprietary information over the telephone except upon approval of the document control officer should the proprietary information be needed in an emergency situation;
(v) Storing the proprietary information as specified in part (c)5. of this paragraph when not in use and at the close of business;
(vi) Not reproducing proprietary information documents. Additional copies shall be obtained through the document control officer; and
(vii) Reporting immediately possible violations of these rules to the Commissioner.
(c) Procedures.
1. Receipt and handling.

The document control officer shall:

(i) Receive all information claimed as proprietary and confidential that is submitted to the Division;
(ii) Log in all proprietary information received by the Division;
(iii) Assign a document control number to all proprietary information;
(iv) Attach a proprietary information cover sheet to the document;
(v) Release proprietary information only to authorized persons; and
(vi) Review the claim and, using the written statement accompanying the information claimed proprietary, the answers to the questions in the definition of proprietary information in paragraph (4) of this rule, and other information as may be required, determine whether to approve or deny the claim, in part or in whole.
2. Transmission.
(i) Proprietary information shall be transmitted in a double envelope by Registered Mail, Return Receipt Requested. The inner envelope shall reflect the address of the recipient with the following wording on the front side of the inner envelope:

"Confidential Business - To Be Opened By Document Control Officer Only."

The outer envelope shall reflect the normal address without the additional wording.

(ii) All requests to the document control officer for proprietary information shall be in writing and signed by the requesting employee.
(iii) Proprietary information may be hand carried to other Division facilities by authorized persons provided the dispatching document control officer maintains a record and obtains a receipt from the receiving document control officer. Information being hand carried shall be packaged as described in subpart (i) of this part.
(iv) Proprietary information within a division office shall be hand delivered only by an authorized person. At no time shall proprietary information be transmitted through inner office mailing channels.
3. Reproduction.

Proprietary information shall not be reproduced except upon approval by and under the supervision of the document control officer. Any reproduction shall be limited by a document control system and be subject to the same control requirements as for the original.

4. Destruction.

Proprietary information shall not be destroyed except upon approval by and under the supervision of the document control officer. The document control officer shall keep a record of destruction in the appropriate log and notify the person submitting the proprietary information.

5. Storage.
(i) Documents containing proprietary information shall be stored within a locked cabinet so as to limit access to authorized persons.
(ii) Keys and/or combinations to cabinets and/or rooms where the data is stored shall be issued only to an authorized person.
(d) Transmittal outside division offices.

No proprietary information shall be transmitted outside division offices without the approval of the Commissioner. Any proprietary information approved to be transmitted shall be transmitted by the document control officer in accordance with part (c)2. of this paragraph. The person submitting the proprietary information shall be notified when such transmission occurs.

(e) Release to EPA.

Notwithstanding any requirement of this paragraph seemingly to the contrary, proprietary information may be released to the U.S. Environmental Protection Agency in connection with the implementation of the Commissioner's or Board's responsibilities pursuant to the Act or as necessary to comply with federal law. Any such release of proprietary information to EPA, however, may be made with a confidentiality claim and shall be accompanied by the written statement received by the Division pursuant to the definition of proprietary information as set forth in paragraph (4) of this rule. Any transmittal of proprietary information to EPA shall be subject to the requirements of subparagraph (d) of this paragraph. The Commissioner shall notify the submitter of proprietary information of the release of such information to EPA as soon as practicable, to be no later than five days after such release, following receipt of EPA's request for the information.


Tenn. Comp. R. & Regs. 0400-18-01-.01
Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed June 28, 2012; effective September 26, 2012. Amendments filed July 3, 2018; effective 10/13/2018.

Authority: T.C.A. §§ 4-5-201, et seq. and 68-215-101, et seq.

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

No prior version found.