The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Corrosion specialist--A person who, by reason of
a thorough knowledge of the physical sciences and the principals 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, and who is either:
(A) certified as a corrosion specialist or a cathodic
protection specialist by NACE International; or
(B) licensed as a professional engineer by the Texas
Board of Professional Engineers in a branch of engineering that includes
education and experience in corrosion control of buried or submerged
metal piping systems and metal tanks.
(2) Corrosion technician--A person who can demonstrate
an understanding of the principals of soil resistivity, stray current,
structure-to-soil potential, and component electrical isolation measurements
as they relate to corrosion protection and control on buried or submerged
metal tanks and metal piping systems; who is qualified by appropriate
training and experience to engage in the practice of inspection and
testing for corrosion protection and control on such systems, including
the inspection and testing of all common types of cathodic protection
systems; and who either:
(A) has been certified by NACE International as a corrosion
technician, corrosion technologist, or senior corrosion technologist;
(B) is employed under the direct supervision of a corrosion
specialist (as defined in paragraph (1) of this section), where the
corrosion specialist is responsible for maintaining control and oversight
over all corrosion testing and inspection activities; or
(C) has been officially qualified as a cathodic protection
tester, according to the assessment and examination procedures prescribed
by NACE International.
(3) Critical junctures--In the case of an installation,
repair, or removal of an underground storage tank (UST) system, all
of the following steps:
(A) preparing the tank bedding immediately before receiving
the tank;
(B) setting the tank and the piping, including placement
of any anchoring devices, backfill to the level of the tank, and strapping,
if any;
(C) connecting piping systems to the tank;
(D) pressure testing the UST, including associated
piping, performed during the installation;
(E) completing backfill and filling the excavation;
(F) anytime during the repair in which the piping system
is connected or reconnected to the tank;
(G) anytime during the repair in which the tank or
its associated piping is tested; and
(H) anytime during the removal of the UST.
(4) Engineering construction--Construction designed
by a civil or mechanical engineer, as opposed to building construction
which is designed by an architectural engineer.
(5) Installation--The installation of underground storage
tanks and ancillary equipment, including, but not limited to, the
following activities:
(A) installation of new or used tanks at a new or existing
facility;
(B) installation of new or replacement piping for new
or existing tanks;
(C) addition of secondary containment equipment for
new or existing tanks or piping;
(D) addition or replacement of the following types
of equipment at a new or existing facility:
(i) spill and overfill prevention equipment, as required
in §334.51 of this title (relating to Spill and Overfill Prevention
and Control); and
(ii) equipment or devices which are permanently installed
for the purpose of providing release detection or release monitoring
as required for compliance with §334.50 of this title (relating
to Release Detection), except:
(I) observation wells or monitoring wells (excluding
equipment and devices therein) constructed by a well driller who possesses
the appropriate license required by the Texas Occupations Code, Chapter
1901; or
(II) any equipment temporarily installed solely for
the purpose of conducting a tank or piping tightness test, as defined
in §334.2 of this title (relating to Definitions), except when
a tightness test is a prescribed element of a critical juncture of
an installation, repair, or removal. Temporarily in this context means
the reasonable amount of time required to attach the equipment, make
the tests, and remove the equipment, under the given conditions at
the site;
(E) installation or replacement of anchoring systems
designed to prevent tank flotation;
(F) installation or replacement of vent lines at new
or existing facilities;
(G) installation or replacement of submersible pumping
systems at new or existing facilities; and
(H) installation or replacement of any underground
Stage I or Stage II vapor recovery systems.
(6) On-site supervisor--An individual who supervises
the installation, repair, or removal of an underground storage tank
(UST) in the State of Texas, and who meets the licensing requirements
of this subchapter for one of the following licenses:
(A) Class A for an on-site supervisor who supervises
the installation or repair of UST systems; or
(B) Class B for an on-site supervisor who supervises
the removal of UST systems.
(C) Class A/B combination for an on-site supervisor
who supervises the installation, repair, and removal of UST systems.
(7) Removal--Permanent removal of an underground storage
tank from service as defined in §334.2 of this title (relating
to Definitions) conducted according to §334.55 of this title
(relating to Permanent Removal from Service).
(8) Repair--The modification or correction of an underground
storage tank (UST) and ancillary equipment. The term does not include:
(A) relining a UST through the application of epoxy
resins or similar materials;
(B) performing a tightness test to ascertain the integrity
of the tank, except when a tightness test is a prescribed element
of a critical juncture of an installation, repair, or removal;
(C) maintaining and inspecting cathodic protection
devices by a corrosion specialist or corrosion technician;
(D) performing emergency actions to halt or prevent
leaks or ruptures; or
(E) performing minor maintenance on ancillary aboveground
equipment.
(9) Underground storage tank (UST)--Any one or combination
of underground tanks and any connecting underground pipes used to
contain accumulation of regulated substances, the volume of which,
including the volume of the connecting underground pipes, is 10% or
more beneath the surface of the ground.
(10) Underground storage tank contractor (or UST contractor)--A
person that offers to undertake, represents itself as being able to
undertake, or undertakes the installation, repair, or removal of a
UST, and who meets the registration requirements of this subchapter.
(11) Underground utilities--Public underground water
systems, sanitary sewers, or storm sewers. The phrase "underground
utilities" does not include private underground pipe systems (water
or sewer piping), power or communication cables, or natural gas lines.
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