The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise. The words and terms used in the specific standards found
in §338.5 of this title (relating to Standards) shall have the
meaning of that standard, if defined. However, the words and terms
as defined in this section shall supersede a definition if provided
in a specific standard found in §338.5 of this title.
(1) Aboveground storage vessel -- A vessel made of
non-earthen materials (e.g., concrete, steel, or plastic) located
on or above the surface of the ground and that:
(A) has a capacity (based on overfill height) of 21,000
gallons or more;
(B) stores a regulated substance as defined in paragraph
(8) of this subsection;
(C) is located at or is part of a petrochemical plant,
a petroleum refinery, or a bulk storage terminal as defined by this
subsection;
(D) is not a vessel exempted under §338.3 of this
title (relating to Exemptions).
(2) Bulk storage terminal -- means an end-of-line pipeline
storage terminals (excluding breakout tanks, which are used to relieve
surges in a pipeline system and/or receive/store liquids transported
by a pipeline for reinjection and continued transportation by pipeline),
refinery storage terminals, for-hire storage terminals, rail storage
terminals, and barge storage terminals.
(3) Facility -- A site, tract, or other defined area
where one or more aboveground storage vessels are located.
(4) Flow-through process vessel -- A vessel through
which regulated substances as defined by Texas Water Code §26.343
flows as an integral part of a production process such as petroleum
refining or petrochemical production. These vessels collect material
discharged from a feedstock storage vessel, or equipment within the
process before the material is transferred to other equipment or storage
vessel(s) within the process or to product or by-product storage vessel(s).
This term excludes any vessel:
(A) Used for the static storage of regulated substances
prior to their introduction into the production process; or
(B) Used for the static storage of regulated substances
that are products or by-products of the production process.
(5) National consensus standard -- Any performance
standard for storage tanks, or a modification thereof, that:
(A) has been adopted and promulgated by a nationally
recognized standards-producing organization under procedures where
it can be determined by the executive director that persons interested
and affected by the scope or provisions of the standard have reached
substantial agreement on its adoption; and
(B) was formulated in a manner that afforded an opportunity
for diverse views to be considered.
(6) Petrochemical plant --
(A) A facility that in a single continuous operation
or using a batch processing method manufactures a petrochemical.
(B) A petrochemical plant may be either a single facility
existing by itself or a facility within a chemical plant complex consisting
of a number of separate chemical plants each of which produces a single
basic or intermediate chemical product. In a chemical plant complex,
each facility is considered individually to determine whether it qualifies
as a petrochemical plant.
(C) The term does not include:
(i) a facility or chemical plant that manufactures
"allied chemical products"; or
(ii) a facility or chemical plant, other than one that
produces a basic or an intermediate chemical, that generates any chemical
as a waste product or a by-product.
(7) Petroleum refinery -- A facility that manufactures
finished petroleum products from crude oil, unfinished oils, natural
gas liquids, other hydrocarbons, and oxygenates. Products of these
refineries include gasoline, diesel, kerosene, distillate fuel oils,
liquefied petroleum gas (LPG), residual fuel oils, lubricants, and
other products refined through alkylation, coking, cracking, dewaxing,
desulphurization, distillation, hydrotreating, isomerization, polymerization,
or other chemical processes. These facilities also produce petrochemical
feedstock for use by chemical plants. The term does not include facilities
at an oil or gas lease site that removes water or other impurities
and merely makes the product more marketable.
(8) Regulated substance -- as defined by Texas Water
Code §26.343 to include:
(A) a substance defined in Section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Section 9601 et seq.), but does not include a substance regulated
as a hazardous waste under the federal Solid Waste Disposal Act (42
U.S.C. Section 6921 et seq.);
(B) petroleum, including crude oil or a fraction of
it, that is liquid at standard conditions of temperature and pressure;
(C) any other substance designated by the executive
director, and
(D) a mixture containing one percent or greater by
weight of a regulated substance would be considered to meet this definition.
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