| (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.
(92) Professional engineer--A person who is currently
duly licensed by the Texas Board of Professional Engineers to engage
in the practice of engineering in the State of Texas.
(93) Professional geoscientist--A person who is currently
duly licensed by the Texas Board of Professional Geoscientists to
engage in the public practice of geoscience in the State of Texas.
(94) Qualified personnel--Persons who possess the appropriate
competence, skills, and ability (as demonstrated by sufficient education,
training, experience, and/or, when applicable, any required certification
or licensing) to perform a specific activity in a timely and complete
manner consistent with the applicable regulatory requirements and
generally accepted industry standards for such activity.
(95) Radioactive materials--Radioactive substances
or radioactive waste materials (e.g., high-level radioactive wastes
and low-level radioactive cooling waters) which are classified as
hazardous substances under the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, §101(14),
42 United States Code (USC), §§9601, et
seq., except for radioactive materials regulated as a hazardous
waste under the federal Solid Waste Disposal Act, Subtitle C, 42 USC,
§§6921, et seq.
(96) Regulated substance--An element, compound, mixture,
solution, or substance that, when released into the environment, may
present substantial danger to the public health, welfare, or the environment.
For the purposes of this chapter, a regulated substance is limited
to any hazardous substance (as defined in this section), any petroleum
substance (as defined in this section), any mixture of two or more
hazardous substances and/or petroleum substances, and any other substance
designated by the commission to be regulated under the provisions
of this chapter.
(97) Release--Any spilling including overfills, leaking,
emitting, discharging, escaping, leaching, or disposing from an underground
storage tank or aboveground storage tank into groundwater, surface
water, or subsurface soils. In this definition, the term "subsurface
soils" does not include backfill or native material in the tank hole
that is placed immediately adjacent to or surrounding an underground
storage tank system when the system is installed or the system's individual
components are replaced unless petroleum free product is present in
the backfill or native material.
(98) Release detection--The process of determining
whether a release of a regulated substance is occurring, or has occurred,
from an underground storage tank system.
(99) Repair--The restoration, renovation, or mending
of a damaged or malfunctioning tank or underground storage tank system
component.
(100) Replaced--
(A) For a tank - to remove a tank and install another
tank.
(B) For piping - to remove 35% or more of piping and
install other piping, excluding connectors, connected to a single
tank. For tanks with multiple piping runs, this definition applies
independently to each piping run.
(101) Residential tank--A tank located on property
used primarily for dwelling purposes.
(102) Retail service station--A facility where flammable
liquids used as motor fuels are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles and where such dispensing is
an act of retail sale.
(103) Risk-based corrective action--Site assessment
or site remediation, the timing, type, and degree of which is determined
according to case-by-case consideration of actual or potential risk
to public health from environmental exposure to a regulated substance
released from a leaking underground storage tank or aboveground storage
tank.
(104) Secondary containment--A containment method by
which a secondary wall, jacket, or barrier is installed around the
primary storage vessel (e.g., tank or piping) in a manner designed
to prevent a release from migrating beyond the secondary wall or barrier
before the release can be detected. Secondary containment systems
include, but are not limited to: double-wall tank and/or piping systems,
impervious liners, jackets, containment boots, sumps, or vaults surrounding
a primary (single-wall) tank and/or piping system.
(105) Septic tank--As defined in §285.2 of this
title (relating to Definitions).
(106) Spill--A release of a regulated substance which
results during the filling, placement, or transfer of regulated substances
into an underground storage tank (UST) or an aboveground storage tank
(AST), or during the transfer or removal of regulated substances from
a UST system or an AST.
Cont'd... |
