Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 1 - PROGRAM SCOPE AND INSTALLATION REQUIREMENTS FOR PARTIALLY EXCLUDED UST SYSTEMS › Section 11-280.1-12 - Definitions

Current through June, 2024
When used in this chapter, the following terms have the
					 meanings given below:
"Aboveground release" means any release to the surface of
					 the land or to surface water. This includes, but is not limited to, releases
					 from the aboveground portion of an UST system and aboveground releases
					 associated with overfills and transfer operations as the regulated substance
					 moves to or from an UST system.
"Airport hydrant fuel distribution system" (also called
					 "airport hydrant system") means an UST 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, rail car, or other motor fuel carrier.
"Ancillary equipment" means any devices including, but not
					 limited to, such devices as piping, fittings, flanges, valves, and pumps used
					 to distribute, meter, or control the flow of regulated substances to and from
					 an UST.
"Belowground release" means any release to the subsurface
					 of the land and to groundwater. This includes, but is not limited to, releases
					 from the belowground portions of an underground storage tank system and
					 belowground releases associated with overfills and transfer operations as the
					 regulated substance moves to or from an underground storage tank.
"Beneath the surface of the ground" means beneath the
					 ground surface or otherwise covered with earthen materials.
"Cathodic protection" is a technique to prevent corrosion
					 of a metal surface by making that surface the cathode of an electrochemical
					 cell. For example, a tank system can be cathodically protected through the
					 application of either galvanic anodes or impressed current.
"Cathodic protection tester" means a person who can
					 demonstrate an understanding of the principles and measurements of all common
					 types of cathodic protection systems as applied to buried or submerged metal
					 piping and tank systems. At a minimum, such persons must have education and
					 experience in soil resistivity, stray current, structure-to-soil potential, and
					 component electrical isolation measurements of buried metal piping and tank
					 systems.
"Class A operator" means the individual who has primary
					 responsibility to operate and maintain the UST system in accordance with
					 applicable requirements established by the department. The Class A operator
					 typically manages resources and personnel, such as establishing work
					 assignments, to achieve and maintain compliance with regulatory
					 requirements.
"Class B operator" means the individual who has day-to-day
					 responsibility for implementing applicable regulatory requirements established
					 by the department. The Class B operator typically implements in-field aspects
					 of operation, maintenance, and associated recordkeeping for the UST
					 system.
"Class C operator" means the individual responsible for
					 initially addressing emergencies presented by a spill or release from an UST
					 system. The Class C operator typically controls or monitors the dispensing or
					 sale of regulated substances.
"Compatible" means 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 UST.
"Connected piping" means all underground piping including
					 valves, elbows, joints, flanges, and flexible connectors attached to a tank
					 system through which regulated substances flow. For the purpose of determining
					 how much piping is connected to any individual UST system, the piping that
					 joins two UST systems should be allocated equally between them.
"Consumptive use" with respect to heating oil means
					 consumed on the premises.
"Containment sump" means 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).
"Corrosion expert" means a person who, by reason of
					 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. Such a person must be
					 accredited or certified as being qualified by the National Association of
					 Corrosion Engineers or be a registered professional engineer who has
					 certification or licensing that includes education and experience in corrosion
					 control of buried or submerged metal piping systems and metal tanks.
"Department" means the state department of health.
"Dielectric material" means a material that does not
					 conduct direct electrical current. Dielectric coatings are used to electrically
					 isolate UST systems from the surrounding soils. Dielectric bushings are used to
					 electrically isolate portions of the UST system (e.g., tank from
					 piping).
"Director" means the director of the state department of
					 health.
"Dispenser" means equipment located aboveground that
					 dispenses regulated substances from the UST system.
"Dispenser system" means the dispenser and the equipment
					 necessary to connect the dispenser to the underground storage tank system. 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.
"Electrical equipment" means underground equipment that
					 contains dielectric fluid that is necessary for the operation of equipment such
					 as transformers and buried electrical cable.
"EPA" means the United States Environmental Protection
					 Agency.
"Excavation zone" means the volume containing the tank
					 system and backfill material bounded by the ground surface, walls, and floor of
					 the pit and trenches into which the UST system is placed at the time of
					 installation.
"Exposure assessment" means a determination regarding the
					 extent of exposure of, or potential for exposure of, individuals to regulated
					 substances from a release from an UST or tank system. An exposure assessment
					 shall be based on factors such as the nature and extent of contamination, the
					 existence of or potential for pathways of human exposure (including ground or
					 surface water contamination, air emissions, dermal exposure, soil ingestion,
					 and food chain contamination), the size of the community or communities within
					 the likely pathways of exposure, an analysis of expected human exposure levels
					 with respect to short-term and long-term health effects associated with
					 identified contaminants, and any available recommended exposure or tolerance
					 limits for the contaminants.
"Farm tank" is a tank located on a tract of land devoted to
					 the production of crops or raising animals, including fish, and associated
					 residences and improvements. A farm tank must be located on the farm property.
					 Farm includes fish hatcheries, rangeland, and nurseries with growing
					 operations.
"Field-constructed tank" means 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.
Flow-through process tank" is a tank that forms an integral
					 part of a production process through which there is a steady, variable,
					 recurring, or intermittent flow of materials during the operation of the
					 process. Flow-through process tanks do not include tanks used for the storage
					 of materials prior to their introduction into the production process or for the
					 storage of finished products or by-products from the production process.
"Free product" refers to a regulated substance that is
					 present as a non-aqueous phase liquid (e.g., liquid not dissolved in
					 water).
"Gathering lines" means any pipeline, equipment, facility,
					 or building used in the transportation of oil or gas during oil or gas
					 production or gathering operations.
"Hazardous substance" means a hazardous substance defined
					 in section 101(14) of the Comprehensive Environmental Response, Compensation
					 and Liability Act of 1980, except any substance regulated as a hazardous waste
					 under chapter
					 342J, Hawaii Revised Statutes, or
					 the rules adopted thereunder, or Subtitle C of the Solid Waste Disposal
					 Act.
"Hazardous substance UST system" means an underground
					 storage tank system that contains a hazardous substance or any mixture of such
					 substances and petroleum, and that is not a petroleum UST system.
"Heating oil" means petroleum that is No. 1, No. 2, No.
					 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 technical grades of
					 fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker
					 C); and other fuels when used as substitutes for one of these fuel oils.
					 Heating oil is typically used in the operation of heating equipment, boilers,
					 or furnaces.
"Hydraulic lift tank" means a tank holding hydraulic fluid
					 for a closed-loop mechanical system that uses compressed air or hydraulic fluid
					 to operate lifts, elevators, and other similar devices.
"Liquid trap" means sumps, well cellars, and other traps
					 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. These liquid traps 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.
"Maintenance" means the normal operational upkeep to
					 prevent an underground storage tank system from releasing product.
"Motor fuel" means a complex blend of hydrocarbons
					 typically used in the operation of a motor engine, such as motor gasoline,
					 aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or
					 more of these substances (e.g., motor gasoline blended with alcohol).
"Noncommercial purposes" with respect to motor fuel means
					 not for resale.
"On the premises where stored" with respect to heating oil
					 means UST systems located on the same property where the stored heating oil is
					 used.
"Operational life" refers to the period beginning when
					 installation of the tank system has commenced until the time the tank system is
					 properly closed under subchapter
					 7.
"Operator" means any person in control of, or having
					 responsibility for, the daily operation of the UST system.
"Overfill release" is a release that occurs when a tank is
					 filled beyond its capacity, resulting in a discharge of the regulated substance
					 to the environment.
"Owner" means:
(1) In the case of an UST system in use on November 8,
					 1984, or brought into use after that date, any person who owns an UST system
					 used for storage, use, or dispensing of regulated substances; and
(2) In the case of any UST system in use before November 8,
					 1984, but no longer in use on that date, any person who owned such UST
					 immediately before the discontinuation of its use.
"Permit" means written authorization, as provided for in
					 section
					 342L-4,
					 Hawaii Revised Statutes, from the director to install or operate an UST or tank
					 system. A permit authorizes owners or operators to install and operate an UST
					 or tank system in a manner, or to do an act, not forbidden by chapter
					 342L, Hawaii Revised Statutes, or by
					 this chapter, but requiring review by the department.
"Person" means an individual, trust, estate, firm, joint
					 stock company, corporation (including a government corporation), partnership,
					 association, commission, consortium, joint venture, commercial entity, the
					 state or a county, the United States government, federal agency, interstate
					 body, or any other legal entity.
"Petroleum" means petroleum, including crude oil or any
					 fraction thereof, that is liquid at standard conditions of temperature and
					 pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
					 absolute).
"Petroleum UST system" means an underground storage tank
					 system that contains petroleum or a mixture of petroleum with de minimis
					 quantities of other regulated substances. Such systems include those containing
					 motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants,
					 petroleum solvents, and used oils.
"Pipe" or "piping" means a hollow cylinder or tubular
					 conduit that is constructed of non-earthen materials.
"Pipeline facilities" (including gathering lines) means
					 pipe rights-of-way and any associated equipment, facilities, or
					 buildings.
"Regulated substance" means hazardous substances,
					 petroleum, and any other substance designated by the department that, when
					 released into the environment, may present substantial danger to human health,
					 welfare, or the environment. The term regulated substance includes but is not
					 limited to petroleum and petroleum-based substances comprised of a complex
					 blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils,
					 residual fuel oils, lubricants, petroleum solvents, and used oils.
"Release" means any spilling, leaking, emitting,
					 discharging, escaping, leaching, or disposing from an UST system into
					 groundwater, surface water, or subsurface soils.
"Release detection" means determining whether a release of
					 a regulated substance has occurred from the UST system into the environment or
					 a leak has occurred into the interstitial space between the UST system and its
					 secondary barrier or secondary containment around it.
"Repair" means to restore to proper operating condition a
					 tank, pipe, spill prevention equipment, overfill prevention equipment,
					 corrosion protection equipment, release detection equipment or other UST system
					 component that has caused a release of product from the UST system or has
					 failed to function properly.
"Residential tank" is a tank located on property used
					 primarily for dwelling purposes.
"Secondary containment" or "secondarily contained" means a
					 release prevention and release detection system for a tank or piping. This
					 system has an inner and outer barrier with an interstitial space that is
					 monitored for leaks. This term includes containment sumps when used for
					 interstitial monitoring of piping.
"Septic tank" is a water-tight covered receptacle designed
					 to receive or process, through liquid separation or biological digestion, the
					 sewage discharged from a building sewer. The effluent from such receptacle is
					 distributed for disposal through the soil and settled solids and scum from the
					 tank are pumped out periodically and hauled to a treatment facility.
"Storm water collection system" or "wastewater collection
					 system" means piping, pumps, conduits, and any other equipment necessary to
					 collect and transport the flow of surface water run-off resulting from
					 precipitation, or domestic, commercial, or industrial wastewater to and from
					 retention areas or any areas where treatment is designated to occur. The
					 collection of storm water and wastewater does not include treatment except
					 where incidental to conveyance.
"Surface impoundment" is a natural topographic depression,
					 man-made excavation, or diked area formed primarily of earthen materials
					 (although it may be lined with man-made materials) that is not an injection
					 well.
"Tank" is a stationary device designed to contain an
					 accumulation of regulated substances and constructed of non-earthen materials
					 (e.g., concrete, steel, plastic) that provide structural support.
"Temporary closure" or "temporarily closed" means that
					 owners and operators do not deposit regulated substances into the UST or tank
					 system nor dispense regulated substances from the UST or tank system for sixty
					 days or longer, except for UST systems that store fuel solely for use by
					 emergency power generators and UST systems with field-constructed tanks. For
					 UST systems that store fuel solely for use by emergency power generators and
					 UST systems with field-constructed tanks, "temporary closure" or "temporarily
					 closed" means that the UST or tank system is empty, as defined in section
					 11-280.1-70(a), and owners and operators do not deposit regulated substances
					 into the UST or tank system for sixty days or longer.
"Under-dispenser containment" or "UDC" means containment
					 underneath a dispenser system designed to prevent leaks from the dispenser and
					 piping within or above the UDC from reaching soil, groundwater, and surface
					 water.
"Underground area" means an underground room, such as a
					 basement, cellar, shaft or vault, providing enough space for physical
					 inspection of the exterior of the tank situated on or above the surface of the
					 floor.
"Underground release" means any belowground release.
"Underground storage tank" or "UST" means any one or
					 combination of tanks (including underground pipes connected thereto) that is
					 used to contain an accumulation of regulated substances, and the volume of
					 which (including the volume of underground pipes connected thereto) is ten
					 percent or more beneath the surface of the ground. This term does not include
					 any:
(1) Farm or residential tank of one thousand one hundred
					 gallons or less capacity used for storing motor fuel for noncommercial
					 purposes;
(2) Tank used for storing heating oil for consumptive use
					 on the premises where stored;
(3) Septic tank;
(4) Pipeline facility (including gathering lines):
(A) Which is regulated under 49 U.S.C. chapter
					 601; or
(B) Which is an intrastate pipeline facility regulated
					 under state laws as provided in 4 9 U.S.C. chapter
					 601, and which is determined by the
					 Secretary of Transportation to be connected to a pipeline, or to be operated or
					 intended to be capable of operating at pipeline pressure or as an integral part
					 of a pipeline;
(5) Surface impoundment, pit, pond, or lagoon;
(6) Storm water or wastewater collection system;
(7) Flow-through process tank;
(8) Liquid trap or associated gathering lines directly
					 related to oil or gas production and gathering operations; or
(9) Storage tank situated in an underground area (such as a
					 basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is
					 situated upon or above the surface of the floor.
The term underground storage tank or UST does not include
					 any pipes connected to any tank which is described in paragraphs (1) to
					 (9).
"Upgrade" means the addition or retrofit of some systems
					 such as cathodic protection, lining, or spill and overfill controls to improve
					 the ability of an underground storage tank system to prevent the release of
					 product.
"UST system" or "tank system" means an underground storage
					 tank, connected underground piping, underground ancillary equipment, and
					 containment system, if any.
"Variance" means a special written authorization from the
					 director to own, install, or operate an UST or tank system in a manner
					 deviating from, or to do an act that deviates from, the requirements of this
					 chapter that are more stringent than 40 C.F.R. part 280.
"Wastewater treatment tank" means a tank that is designed
					 to receive and treat an influent wastewater through physical, chemical, or
					 biological methods.