340-300-0002 Definitions and Acronyms as used in this Division (1) “ ASCE” means American Society of Civil Engineers (2) “API” means American Petroleum Institute (3) “Assessment team” means a multidisciplinary team consisting of one or more of the following as applicable: project manager, on-site team leader, structural inspection professional, structural engineer, electrical inspection and design professional, mechanical inspection and design professional, fire inspection and design professional; corrosion specialist, cathodic protection specialist, geotechnical engineer, and any other specialists needed. (4) “Codes and Standards” means the adopted codes by State of Oregon Building Codes Division in effect on September 1, 2023 and their mandated standards, performance objectives and performance criteria for seismic design, evaluation and retrofit including but not limited to the following: (a) For seismic design criteria ASCE 7; (b) For existing building structures ASCE 41; (c) For any building structures Oregon Structural Specialty Code and ASCE 7; (d) For tanks ASCE 7 and reference standard for seismic criteria such as API 650 and API 653; (e) For piping and piping racks ASCE 7; (f) For secondary containment structures ASCE 7; (g) For piers, wharves and other waterfront structures ASCE 61; (h) Other applicable standards. (5) “Confidential business information” means information as described in 19 C.F.R. 201.6 and OAR 340-090-0420 . (6) “DEQ” means the Oregon Department of Environmental Quality. (7) “Design Level Earthquake” means earthquake ground motions used in the design, evaluation or retrofit of structures to achieve a certain performance standard. For the purpose of this rule, the design level earthquake for all structures at each site will be determined in accordance with ASCE 7. (8) “Seismic hazard” means earthquake-induced ground shaking and secondary effects. (9) “Equity” means environmental justice considerations as addressed by the Oregon Environmental Justice Council and House Bill 4077 (2022). (10) “Facility” means the entire bulk oils or fuel terminal including any above-ground or underground tanks, piping, buildings, structures, ancillary components, spill containment structures, walls, and berms, transloading facilities, wharves, piers, moorings and retaining structures, loading racks, control equipment and any other structures within the property line or properties operated together. (11) “Facility owner or operator” means any person or entity that owns, leases, and/or operates a facility. "Owner or Operator" does not include any person or entity that owns the land underlying a facility if the person or entity is not involved in the operations of the facility. (12) “Oils or liquid fuel products” means petroleum product or biological oils and blends of any kind, that are liquid at atmospheric temperature and pressure or liquified by reducing its temperature and increasing pressure including, but not limited to, petroleum, gasoline, reformulated gasoline, reclaimed oil, crude oil, asphalt, benzene, benzol, kerosene, fuel oil, diesel oil, liquified natural gas, propane, oil sludge, oil refuse, and oil mixed with wastes other than dredge spoil or any other volatile and inflammable liquid. (13) “Maximum Allowable Uncontained Spill” or “MAUS” means a not to exceed volume of oil or liquid fuel released to the ground or water from a tank, including associated fuel handling equipment, or any other equipment not associated with a tank as a result of the Design Level Earthquake. The MAUS is measured per tank at the facility and is equivalent to the minimum reportable volume as provided in OAR 340-142. (14) “Minimize risk” means to ensure a facility’s resilience to earthquake induced damages as to reduce the severity of fuel releases and the resulting harm to people and environment in accordance with required performance objective. (15) “Mitigation” means an action that reduces the severity of harm caused to a facility, surrounding communities and the environment in the event of an earthquake. (16) “Off-site” means the environment outside of facility’s property line but in the vicinity of the impact of the residual risk. (17) “Limiting Performance Level” means a limiting structural damage state that results in a spill volume over the Maximum Allowable Uncontained Spill. (18) “Performance objective” means that the Limiting Performance Level is not exceeded given ground motions consistent with the Design Level Earthquake. (19) “Residual Risk” means potential risk remaining after all risk mitigation measures identified in the Risk Mitigation Implementation Plan are implemented. (20) “Risk” means the chance of harmful effects to human health resulting from exposure to danger that can be determined by probability (how likely is event to occur) and impact (the determination of the consequences of an event). (21) “Risk Mitigation Implementation Plan” means a written document that outlines risk mitigation actions and steps to accomplish the goal of implementing the outlined actions to achieve the required performance objective to minimize the risk of damage to a facility, surrounding communities and the environment. The plan must include the implementation schedule of all proposed risk minimizing measures. (22) “Secondary effects” means liquefaction, settlement, lateral spread, subsidence or uplift, fires, landslides, tsunamis, seiche, ground and/or slope failures, floods, explosions, spills that occur due to earthquake shaking and the resulting damage to a facility. (23) “Seismic Vulnerability Assessment” means detailed facility-wide site-specific evaluation of the risk of seismically induced damage and secondary effects to a facility and environment when subject to the Design level earthquake with a goal of identifying risk mitigation measures. (24) “Transloading” as used in Senate Bill 1567 and these rules means transfer of fuels from one storage location to another, one transportation mode to another, one tank to another, pipeline to a tank, pipeline from a tank to a generator. (25) “Qualified Professional” means Professional Engineer registered in Oregon as required in OAR 820-10-1000 and ORS 670.310 & 672.255. Statutory/Other Authority: ORS 468.020 & SB 1567 (2022) Statutes/Other Implemented: SB 1567 (2022) History: DEQ 13-2023, adopt filed 09/14/2023, effective 09/14/2023