The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) Abandonment in-place--A method of permanent removal
of an underground storage tank from service where the tank is left
in the ground after appropriate preparation and filling with an acceptable
solid inert material in accordance with the requirements of §334.55
of this title (relating to Permanent Removal from Service).
(2) Abatement--The process of reducing in sufficient
degree or intensity the source of the release or impacted area, and
potential fire, explosion, or vapor hazards, such that immediate threats
to human health no longer exist. This includes the removal, as necessary,
of all regulated substances from any confirmed or suspected release
source (including associated aboveground or underground tanks, individual
tank compartments, or associated piping) and the removal of phase-separated
regulated substances from the impacted area.
(3) Aboveground release--Any release to the surface
of the land or to surface water, including, but not limited to, releases
from the aboveground portion of an underground storage tank (UST)
system and releases associated with overfills and transfer operations
during the dispensing, delivering, or removal of regulated substances
into or out of a UST system.
(4) Aboveground storage tank (AST)--A non-vehicular
device (including any associated piping) that is made of non-earthen
materials; located on or above the surface of the ground, or on or
above the surface of the floor of a structure below ground, such as
mineworking, basement, or vault; and designed to contain an accumulation
of petroleum products.
(5) Action level--The concentration of constituents
of any substance or product listed in §334.1(a)(1) of this title
(relating to Purpose and Applicability) in the soil or water at which
corrective action will be required.
(6) Airport hydrant system--An underground storage
tank 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, railcar, or other motor fuel carrier.
(7) Allowable cost--As defined by §334.308 of
this title (relating to Allowable Costs and Restrictions on Allowable
Costs).
(8) American National Standards Institute (ANSI)--A
nationally recognized organization which provides certifications and
standards for consumer products and services.
(9) American Petroleum Institute (API)--A nationally
recognized organization which provides certifications and standards
for petroleum equipment and services.
(10) Ancillary equipment--Any devices that are used
to distribute, meter, or control the flow of petroleum substances
or hazardous substances into or out of an underground storage tank,
including, but not limited to, piping, fittings, flanges, valves,
and pumps.
(11) Appropriate regional office--The agency's regional
field office which has jurisdiction for conducting authorized agency
regulatory activities in the area where a particular underground storage
tank system or aboveground storage tank system is located.
(12) Association for Composite Tanks (ACT)--A trademark
of the former Association for Composite Tanks, now a licensed trademark
of the Steel Tank Institute.
(13) ASTM International (formerly known as American
Society of Testing and Materials)--A nationally recognized organization
which provides certifications and standards for products and services.
(14) Backfill--The volume of materials or soils surrounding
the underground storage tank bounded by the ground surface, walls,
and floor of the tank pit.
(15) Below-ground release--Any release to the subsurface
of the land or to groundwater, including, but not limited to, releases
from the below-ground portions of an underground storage tank (UST)
system and releases associated with overfills and transfer operations
during the dispensing, delivering, or removal of regulated substances
into or out of a UST system.
(16) Beneath the surface of the ground--Beneath the
ground surface or otherwise covered with earthen material.
(17) Cathodic protection--A technique to prevent corrosion
of a metal surface by making that surface the cathode of an electrochemical
cell, normally by means of either the attachment of galvanic anodes
or the application of impressed current.
(18) Change-in-service--A method of permanent removal
from service involving the permanent conversion of a regulated underground
storage tank to a tank which is not regulated under this chapter,
where all regulated substances are properly removed by emptying and
cleaning, and the tank is left in the ground for the storage of materials
other than regulated substances.
(19) Closure letter--A letter issued by the agency
which states that, based on the information available, the agency
agrees that corrective action has been completed for the referenced
release in accordance with agency requirements.
(20) Commingled--A combination or mixture of a petroleum
product and a substance other than a petroleum product (excluding
soil and/or water).
(21) Common carrier--With respect to delivery prohibitions,
a person (as defined in this section) who physically delivers a regulated
substance into an underground storage tank or an aboveground storage
tank directly from a cargo tank which is affixed or mounted to a self-propelled,
towable, or pushable vehicle (e.g., wagon, truck, trailer, railcar,
aircraft, boat, or barge).
(22) Compatible--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 underground storage tank.
(23) Composite tank--A single-wall or double-wall steel
tank, to which a fiberglass-reinforced plastic laminate or cladding
has been factory-applied to the external surface of the outer tank
wall.
(24) Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA)--The federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended.
(25) Consumptive use--With respect to heating oil,
the utilization and consumption of heating oil on the premises where
stored.
(26) Containment sump--A liquid tight container that
protects the environment by containing leaks and spills of regulated
substances 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 other points in the piping run (transition or intermediate
sump).
(27) Corporate fiduciary--An entity chartered by the
Texas Department of Banking, the Texas Department of Savings and Mortgage
Lending, or the United States Office of the Comptroller of the Currency
that acts as a receiver, conservator, guardian, executor, administrator,
trustee, or fiduciary of real or personal property.
(28) Corrective action--Any assessment, monitoring,
and remedial activities undertaken to investigate the extent of, and
to remediate, contamination.
(29) Corrective action plan (or remedial action plan)--A
detailed plan developed to address site remediation of soil, groundwater,
or surface water contamination that provides for required protection
of human health, safety, and the environment. The selection of the
most effective and efficient remedial method will be dictated by the
nature and location of the release, the site soils, hydrogeological
conditions, and the required degree of remediation. The remedial method
selection should take into consideration such factors as cost, time,
and state compliance requirements with each method. The title of any
report which contains a corrective action plan must include the designation
"remedial action plan."
(30) Corrosion specialist--A person who, by reason
of a 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, 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.
(31) Corrosion technician--A person who can demonstrate
an understanding of the principles of soil resistivity, stray current,
structure-to-soil potential, and component electrical isolation measurements
related 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 is either:
(A) certified by NACE International as a corrosion
technician, corrosion technologist, or senior corrosion technologist;
(B) employed under the direct supervision of a corrosion
specialist (as defined in this section), where the corrosion specialist
maintains responsible control and oversight over all corrosion testing
and inspection activities; or
(C) certified as a cathodic protection tester, in a
manner satisfactory to the agency, by either NACE International or
the Steel Tank Institute.
(32) Date installation is complete--The date any regulated
substance is initially placed in an underground storage tank or the
date any petroleum product is initially placed in an aboveground storage
tank.
(33) Dielectric material--A material that does not
conduct direct electrical current, as related to coatings, bushings,
and other equipment and materials used with underground storage tank
systems.
(34) Dispenser--Equipment located aboveground that
dispenses regulated substances from the underground storage tank system.
(35) Electrical equipment--Underground equipment which
contains dielectric fluid which is necessary for the operation of
equipment such as transformers and buried electrical cable.
(36) Emergency generator--A standby electrical generating
system powered by an internal combustion engine (including a turbine),
where such system is designed to supply temporary electrical service
only when service from the normal or primary electrical source is
disrupted. Such systems include, but are not necessarily limited to,
those providing emergency electrical service for hospitals, life support
systems, and other medical service facilities; telephone and electrical
utilities; heating, lighting, ventilation, security, elevator, fire
control, and other essential building operations systems; uninterruptible
power systems; essential air conditioning and refrigeration; and motors,
machinery, and controls used for other essential or critical purposes.
(37) Excavation zone--The space containing the underground
storage tank (UST) system and backfill material, which is bounded
by the ground surface and the walls and floor of the pit and trenches
into which the UST system is placed at the time of installation.
(38) Existing underground storage tank (UST) system--A
UST system which is used or designed to contain an accumulation of
regulated substances for which installation either had commenced prior
to December 22, 1988, or had been completed on or prior to December
22, 1988. Installation will be considered to have commenced if the
owner or operator had obtained all federal, state, and local approvals
or permits necessary to begin physical construction at the site or
installation of the tank system, and if either a continuous on-site
physical construction or installation program had begun or the owner
or operator had entered into contractual obligations (which could
not be canceled or modified without substantial loss) which required
that the physical construction at the site or installation of the
tank system was to be completed within a reasonable time.
(39) External release detection--A method of release
detection which includes equipment or procedures designed to effectively
monitor or measure for the presence of regulated substances in the
excavation zone, soil, or other media outside of a single-wall or
double-wall underground storage tank system.
(40) Facility--The site, tract, or other defined area
where one or more underground storage tank systems or one or more
aboveground storage tank systems are located.
(41) Farm--A tract or tracts of land (including all
associated structures and improvements) which are principally devoted
to the raising of agricultural or other types of crops, domestic or
other types of animals, or fish for the production of food, fiber,
or other products or for other useful purposes, including fish hatcheries,
rangeland, and plant nurseries with growing operations, but not including
timber-growing land and operations dedicated primarily to recreational,
aesthetic, or other non-agricultural activities (e.g., golf courses
and parks).
Cont'd... |
