| (71) Observation well--A monitoring well or other vertical
tubular structure which is constructed, installed, or placed within
any portion of an underground storage tank excavation zone (including
the tank hole and piping trench), and which is designed or used for
the observation or monitoring of groundwater, or for the observation,
monitoring, recovery, or withdrawal of either released regulated substances
(in liquid or vapor phase) or groundwater contaminated by such released
regulated substances.
(72) Occurrence--An incident, including continuous
or repeated exposure to conditions, which results in a release from
an underground storage tank or aboveground storage tank or tank system.
(73) On the premises where stored--With respect to
heating oil, refers to underground storage tank systems located on
the same property where the stored heating oil is used.
(74) Operational life--The actual or anticipated service
life of an underground storage tank system, which begins when regulated
substances are first placed into the tank system and which continues
until the tank system is permanently removed from service by means
of either removal from the ground, abandonment in-place, or change-in-service.
(75) Operator--Any person in day-to-day control of,
and having responsibility for, the daily operation of the underground
storage tank system or the aboveground storage tank system, as applicable.
(76) Out of operation--The description of an in-service
underground storage tank which is not currently being used on a regular
basis for its intended purpose.
(77) Overfill--A release that occurs when an underground
storage tank system is filled beyond its capacity, thereby resulting
in a discharge of a regulated substance to the surface or subsurface
environment.
(78) Owner--Any person who holds legal possession or
ownership of an interest in an underground storage tank (UST) system
or an aboveground storage tank (AST). For the purposes of this chapter,
if the actual ownership of a UST system or an AST is uncertain, unknown,
or in dispute, the fee simple owner of the surface estate of the tract
on which the UST system or the AST is located is considered the UST
system or AST owner unless that person can demonstrate by appropriate
documentation, including a deed reservation, invoice, bill of sale,
or by other legally acceptable means that the UST system or AST is
owned by another person. A person who has registered as an owner of
a UST system or AST with the commission under §334.7 of this
title (relating to Registration for Underground Storage Tanks (USTs)
and UST Systems) (or a preceding rule section concerning tank registration)
after September 1, 1987, shall be considered the UST system owner
and/or AST owner until such time as documentation demonstrates to
the executive director's satisfaction that the legal interest in the
UST system or AST was transferred to a different person subsequent
to the date of the tank registration. This definition is subject to
the limitations found in Texas Water Code (TWC), §26.3514, Limits
on Liability of Lender; TWC, §26.3515, Limits on Liability of
Corporate Fiduciary; and TWC, §26.3516, Limits on Liability of
Taxing Unit.
(79) Permanent removal from service--The termination
of the use and the operational life of an underground storage tank
by means of either removal from the ground, abandonment in-place,
or change-in-service.
(80) Person--As defined in §3.2 of this title
(relating to Definitions).
(81) Petroleum Equipment Institute (PEI)--A nationally
recognized organization which provides certifications and standards
for petroleum equipment and services.
(82) Petroleum marketing facilities--All facilities
at which a petroleum substance is produced or refined and all facilities
from which a petroleum substance is sold or transferred to other petroleum
substance marketers or to the public.
(83) Petroleum marketing firms--All firms owning petroleum
marketing facilities. Firms owning other types of facilities with
underground storage tanks as well as petroleum marketing facilities
are considered to be petroleum marketing firms.
(84) Petroleum product--A petroleum substance obtained
from distilling and processing crude oil that is liquid at standard
conditions of temperature and pressure, and that is capable of being
used as a fuel for the propulsion of a motor vehicle or aircraft,
including, but not limited to, motor gasoline, gasohol, other alcohol
blended fuels, aviation gasoline, kerosene, distillate fuel oil, Number
1 and Number 2 diesel, and biodiesel blended with Number 1 or Number
2 diesel. The term does not include naphtha-type jet fuel, kerosene-type
jet fuel, or a petroleum product destined for use in chemical manufacturing
or feedstock of that manufacturing.
(85) Petroleum storage tank--
(A) Any one or combination of aboveground storage tanks
that contain petroleum products and that are regulated by the commission;
or
(B) Any one or combination of underground storage tanks
and all connecting underground pipes that contain petroleum products
and that are regulated by the commission.
(86) Petroleum substance--A crude oil or any refined
or unrefined fraction or derivative of crude oil which is liquid at
standard conditions of temperature and pressure (except for any substance
regulated as a hazardous waste under the federal Solid Waste Disposal
Act, Subtitle C (42 United States Code, §§6921, et seq.)). For the purposes of this chapter,
a petroleum substance is limited to one or a combination of the substances
or mixtures in the following list:
(A) basic petroleum substances (crude oils, crude oil
fractions, petroleum feedstocks, and petroleum fractions);
(B) motor fuels (see definition for "Motor fuel" in
this section);
(C) aviation gasolines (e.g., Grade 80, Grade 100,
and Grade 100-LL);
(D) aviation jet fuels (e.g., Jet A, Jet A-1, Jet B,
JP-4, JP-5, and JP-8);
(E) distillate fuel oils (e.g., Number 1-D, Number
1, Number 2-D, and Number 2);
(F) residual fuel oils (e.g., Number 4-D, Number 4-light,
Number 4, Number 5-light, Number 5-heavy, and Number 6);
(G) gas-turbine fuel oils (e.g., Grade 0-GT, Grade
1-GT, Grade 2-GT, Grade 3-GT, and Grade 4-GT);
(H) illuminating oils (e.g., kerosene, mineral seal
oil, long-time burning oils, 300 oil, and mineral colza oil);
(I) solvents (e.g., Stoddard solvent, petroleum spirits,
mineral spirits, petroleum ether, varnish makers' and painters' naphthas,
petroleum extender oils, and commercial hexane);
(J) lubricants (automotive and industrial lubricants);
(K) building materials (e.g., liquid asphalt and dust-laying
oils);
(L) insulating and waterproofing materials (e.g., transformer
oils and cable oils); or
(M) used oils (see definition for "Used oil" in this
section).
(87) Petroleum underground storage tank (UST) system--A
UST system that contains, has contained, or will contain a petroleum
substance (as defined in this section), a mixture of two or more petroleum
substances, or a mixture of one or more petroleum substances with
very small amounts of one or more hazardous substances. In order for
a UST system containing a mixture of petroleum substances with small
amounts of hazardous substances to be classified as a petroleum UST
system, the hazardous substance must be at such a dilute concentration
that the overall release detectability, effectiveness of corrective
action, and toxicity of the basic petroleum substance is not altered
to any significant degree.
(88) Pipeline facilities (including gathering lines)--New
and existing pipeline rights-of-way, including any equipment, facilities,
or buildings therein which are used in the transportation or associated
treatment (during transportation) of gas or hazardous liquids (which
include petroleum and other liquids as designated by the Secretary
of the United States Department of Transportation), and which are
regulated under the federal Hazardous Liquid Pipeline Safety Act of
1979 (49 United States Code, §§60101,
et seq. and its subsequent amendments or a succeeding law);
or (for intrastate pipeline facilities) the Texas Natural Resources
Code, Chapter 111 or 117, or Texas Civil Statutes, Articles 6053-1
and 6053-2.
(89) Piping--All underground pipes in an underground
storage tank system, including valves, elbows, joints, flanges, flexible
connectors, and other fittings attached to a tank system through which
regulated substances flow or in which regulated substances are contained
or stored.
(90) Piping trench--The portion of the excavation zone
at an underground storage tank facility which contains the piping
system and associated backfill materials.
(91) Pressurized piping--Product or delivery piping
in an underground storage tank system which typically operates at
greater than atmospheric pressure.
Cont'd... |
