| (42) Farm tank--A tank located on a farm where the
stored regulated substance is or will be utilized directly in the
(43) Field-constructed tank--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.
(44) Flow-through process tank--A tank through which
regulated substances flow in a steady, variable, recurring, or intermittent
manner during, and as an integral part of, a production process (such
as petroleum refining, chemical production, and industrial manufacturing),
but specifically excluding any tank used for the static storage of
regulated substances prior to their introduction into the production
process and any tank used for the static storage of regulated substances
which are products or by-products of the production process.
(45) Free product (or non-aqueous phase liquid)--A
regulated substance in its free-flowing non-aqueous liquid phase at
standard conditions of temperature and pressure (i.e., that portion
of the product not dissolved in water or adhering to soil).
(46) Gathering lines--Any pipeline, equipment, facility,
or building used in the transportation of oil or gas during oil or
gas production or gathering operation.
(47) Hazardous substance--Any substance defined or
listed in the federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, §101(14) (42 United States Code (USC),
§§9601, et seq.), and which
is not regulated as a hazardous waste under the federal Solid Waste
Disposal Act, Subtitle C (42 USC, §§6921, et seq.).
(48) Hazardous substance underground storage tank (UST)
system--A UST system that contains an accumulation of either a hazardous
substance, a mixture of two or more hazardous substances, or a mixture
of one or more petroleum substances with one or more hazardous substances,
and which does not meet the definition of a petroleum UST system in
(49) Heating oil--A petroleum substance which is typically
used in the operation of heating, boiler, or furnace equipment and
which either is one of the following seven technical grades of fuel
oil: Number 1, Number 2, Number 4-light, Number 4-heavy, Number 5-light,
Number 5-heavy, and Number 6; is a residual fuel oil derivative of
the refining process (such as Navy Special and Bunker C residual fuel
oils); or is another fuel (such as kerosene or diesel) used for heating
purposes as a substitute for one of the fuel oils or residual fuel
oil derivatives listed in this paragraph.
(50) Hydraulic fluid--Any regulated substance that
is normally used in a hydraulic lift system.
(51) Hydraulic lift tank--A tank holding hydraulic
fluid for a closed-loop mechanical system that uses compressed air
and hydraulic fluid to operate lifts, elevators, or other similar
(52) Impressed current system--A method of cathodic
protection where a rectifier is used to convert alternating current
to direct current, where the current then flows in a controlled electrically
connected circuit to non-sacrificial anodes, then through the surrounding
soil or backfill to the protected metallic structure or component,
and back to the rectifier.
(53) In operation--The description of an in-service
underground storage tank which is currently being used on a regular
basis for its intended purpose.
(54) In service--The status of an underground storage
tank (UST) beginning at the time that regulated substances are first
placed into the tank and continuing until the tank is permanently
removed from service by means of either removal from the ground, abandonment
in-place, or change-in-service. An in-service UST may or may not contain
regulated substances, and may be either in operation or out of operation
at any specific time.
(55) Installer--A person who participates in or supervises
the installation, repair, or removal of underground storage tanks.
(56) Inventory control--Techniques used to identify
a loss of product that are based on volumetric measurements in the
tank and reconciliation of those measurements with product delivery
and withdrawal records.
(57) Jacketed tank--A factory-constructed tank consisting
of a single-wall or double-wall steel internal (or primary) tank that
is completely enclosed in an external secondary-containment jacket
made of noncorrodible material, and which is designed so that releases
of stored substances from the internal tank can be contained and monitored
within a liquid-tight interstitial space between the internal tank
and the external jacket.
(58) Lender--A state or national bank; a state or federal
savings bank; a credit union; a state or federal savings and loan
association; a state or federal government agency that customarily
provides financing; or an entity that is registered with the Office
of Consumer Credit Commissioner under Chapter 7, Title 79, Revised
Statutes (Texas Civil Statutes, Article 5069-7.01, et seq.) if the entity is regularly engaged
in the business of extending credit and if extending credit represents
the majority of the entity's total business activity.
(59) Liquid trap--A collection device (such as a sump,
well cellar, and other trap) which is 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, and which either 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.
(60) Leaking petroleum storage tank (LPST) site--A
site at which a confirmed release of a petroleum substance from an
underground storage tank or aboveground storage tank has occurred.
Petroleum substance contamination which results from multiple sources
may be deemed as one LPST site by the agency.
(61) Maintenance--The normal and routine operational
upkeep of underground storage tank systems necessary for the prevention
of releases of stored regulated substances.
(62) Monitoring well--An artificial excavation constructed
to measure or monitor the quantity or movement of substances, elements,
chemicals, or fluids below the surface of the ground. The term does
not include any monitoring well which is used in conjunction with
the production of oil, gas, or any other minerals.
(63) Motor fuel--A complex blend of hydrocarbons typically
used for the operation of a motor engine, such as and which is one
of the following types of fuels: motor gasoline, aviation gasoline,
Number 1 or Number 2 diesel fuel, or any blend containing one or more
of these substances (for example, motor gasoline blended with alcohol).
(64) NACE International (NACE) (formerly National Association
of Corrosion Engineers)--A nationally recognized organization which
provides certifications and standards for corrosion protection services.
(65) National Fire Protection Association (NFPA)--A
nationally recognized organization which provides certifications and
standards for fire protection equipment and services.
(66) New dispenser--A dispenser system is considered
new when both the dispenser and the equipment needed to connect the
dispenser to the underground storage tank system are installed at
an underground storage tank facility. The equipment necessary to connect
the dispenser to the underground storage tank system includes check
valves, shear valves, unburied risers or flexible connectors, or other
transitional components that are underneath the dispenser and connect
the dispenser to the underground piping.
(67) New underground storage tank (UST) system--A UST
system which is used or designed to contain an accumulation of regulated
substances for which installation commenced after December 22, 1988,
or an underground storage system which is converted from the storage
of materials other than regulated substances to the storage of regulated
substances after December 22, 1988.
(68) Non-aqueous phase liquid (NAPL)--See "Free product
(or non-aqueous phase liquid)" as defined in this section.
(69) Non-commercial purposes--With respect to motor
fuel, all purposes except resale.
(70) Noncorrodible material--A material used in the
construction, maintenance, or upgrading of any component of an underground
storage tank (UST) system which is designed to retain its physical
and chemical properties without significant deterioration or failure
for the operational life of the UST system when placed in contact
with (and subjected to the resulting electrical and chemical forces
associated with) any surrounding soil, backfill, or groundwater, any
connected components constructed of dissimilar material, or the stored
(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
(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
(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
(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,
(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.