Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 135 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Rule 567-135.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"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 a UST system and aboveground
				  releases associated with overfills and transfer operations as the regulated
				  substance moves to or from a UST system.
"Active remediation"
means corrective action
				  undertaken to reduce contaminant concentrations by other than passive
				  remediation or monitoring.
"Airport hydrant fuel distribution system"
or
"airport hydrant system"
means a 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 a UST.
"Appurtenances"
means devices such as
				  piping, fittings, flanges, valves, dispensers and pumps used to distribute,
				  meter, or control the flow of regulated substances to or from an underground
				  storage tank.
"Asbestos-cement pipe"
(AC refers to
				  asbestos-cement) means a pipe or conduit constructed of asbestos fiber and
				  Portland cement, which can be used to transport water.
"ASTM"
means the American Society of Testing
				  and Materials.
"Backflow preventer"
means a check valve
				  used to ensure water flows in one direction and designed to prevent
				  contamination from an end user, such as a home, from getting into the general
				  water supply. An approved backflow preventer shall be a reduced-pressure
				  backflow preventer or an antisiphon device which complies with the standards of
				  the American Water Works Association and has been approved by the Foundation
				  for Cross-Connection Control and Hydraulic Research.
"Bedrock"
means the rock, usually solid,
				  underlying soil or any other unconsolidated surficial cover.
"Below-ground release"
means any release to
				  the subsurface of the land and to groundwater. This includes, but is not
				  limited to, releases from the below-ground portions of an underground storage
				  tank system and below-ground 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.
"Best available technology"
means those
				  practices which most appropriately remove, treat, or isolate contaminants from
				  groundwater, soil or associated environment, as determined through professional
				  judgment considering actual equipment or techniques currently in use, published
				  technical articles, site hydrogeology and research results, engineering and
				  groundwater professional reference materials, consultation with experts in the
				  field, capital and operating costs, and guidelines or rules of other regulatory
				  agencies.
"Best management practices"
means
				  maintenance procedures, schedule of activities, prohibition of practices, and
				  other management practices, or a combination thereof, which, after problem
				  assessment, is determined to be the most effective means of monitoring and
				  preventing additional contamination of the groundwater and soil.
"Biodiesel"
means a renewable fuel comprised
				  of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or
				  animal fats, that is blended with petroleum-based diesel fuel, which meets the
				  standards provided in Iowa Code section
				  214A.2.
"Carcinogenic risk"
means the incremental
				  risk of a person developing cancer over a lifetime as a result of exposure to a
				  chemical, expressed as a probability such as one in a million
				  (10-6). For carcinogenic chemicals of concern,
				  probability is derived from application of certain designated exposure
				  assumptions and a slope factor.
"Cast iron pipe"
means a pipe or conduit
				  used as a pressure pipe for transmission of water, gas, or sewage or as a water
				  drainage pipe. It comprises predominantly a gray cast iron tube historically
				  used uncoated, with newer types having various coatings and linings to reduce
				  corrosion and improve hydraulics.
"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.
"CERCLA"
means the Comprehensive
				  Environmental Response, Compensation, and Liability Act of 1980 as
				  amended.
"Certified groundwater professional"
means a
				  person certified pursuant to Iowa Code section
				  455B.474
				  and 567-Chapter 134, Part A.
"Change-in-service"
means changing the use
				  of a tank system from a regulated to a nonregulated use.
"Chemicals of concern"
means the compounds
				  derived from petroleum-regulated substances which are subject to evaluation for
				  purposes of applying risk-based corrective action decision making. These
				  compounds are benzene, ethylbenzene, toluene, and xylenes (BTEX) and
				  naphthalene, benzo(a)pyrene, benz(a)anthracene, and chrysene. (Note:
				  Concentration values for these last four constituents are determined by a
				  conversion method from total extractable hydrocarbons, see subrule
				  135.8(3).)
"Class A operator"
means the individual who
				  has primary responsibility to operate and maintain the UST system in accordance
				  with applicable requirements. The Class A operator typically manages resources
				  and personnel, such as establishing work assignments, to achieve and maintain
				  compliance with regulatory requirements under this chapter.
"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 record
				  keeping for the UST systems.
"Class C operator"
means the individual
				  responsible for initially addressing emergencies presented by a spill or
				  release from a 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.
"Conduit"
means underground structures which
				  act as pathways and receptors for chemicals of concern, including but not
				  limited to gravity drain lines and sanitary or storm sewers.
"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 the 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).
"Corrective action"
means an action taken to
				  reduce, minimize, eliminate, clean up, control or monitor a release to protect
				  the public health and safety or the environment. Corrective action includes,
				  but is not limited to, excavation of an underground storage tank for the
				  purpose of repairing a leak or removal of a tank, removal of contaminated soil,
				  disposal or processing of contaminated soil, cleansing of groundwaters or
				  surface waters, natural biodegradation, institutional controls, technological
				  controls and site management practices. Corrective action does not include
				  replacement of an underground storage tank. Corrective action specifically
				  excludes third-party liability.
"Corrective action meeting process"
means a
				  series of meetings organized by department staff with owners or operators and
				  other interested parties such as certified groundwater professionals, funding
				  source representatives, and affected property owners. The purpose of the
				  meeting process is to develop and agree on a corrective action plan and the
				  terms for implementation of the plan.
"Corrective action plan"
means a plan which
				  specifies the corrective action to be undertaken by the owner or operator in
				  order to comply with requirements in this chapter and which is incorporated
				  into a memorandum of agreement or other written agreement between the
				  department and the owner or operator. The plan may include but is not limited
				  to provisions for additional site assessment, site monitoring, Tier 2
				  revisions, Tier 3 assessment, excavation, and other soil and groundwater
				  remedial action.
"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 Iowa department of
				  natural resources.
"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 systems (e.g.,
				  tank from piping).
"Dispenser"
means equipment located above
				  ground 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.
"Drinking water well"
means any groundwater
				  well used as a source for drinking water by humans and groundwater wells used
				  primarily for the final production of food or medicine for human
				  consumption.
"Ductile iron pipe"
means a pipe or conduit
				  commonly used for potable water distribution and for the pumping of sewage. The
				  predominant wall material is ductile iron, a spheroidized graphite cast iron,
				  and commonly has an internal cement mortar lining to inhibit corrosion from the
				  carried water and various types of external coatings to inhibit corrosion from
				  the environment.
"Electrical equipment"
means underground
				  equipment that contains dielectric fluid that is necessary for the operation of
				  equipment such as transformers and buried electrical cable.
"Enclosed space"
means space which can act
				  as a receptor or pathway capable of creating a risk of explosion or inhalation
				  hazard to humans and includes "explosive receptors" and "confined spaces."
				  Explosive receptors means those receptors designated in these rules which are
				  evaluated for explosive risk. Confined spaces means those receptors designated
				  in these rules for evaluation of vapor inhalation risks.
"Ethanol"
means ethyl alcohol that is to be
				  blended with gasoline if it meets the standards provided in Iowa Code section
				  214A.2.
"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.
"Existing tank system"
means a tank system
				  used to contain an accumulation of regulated substances or for which
				  installation has commenced on or before January 14, 1987. Installation is
				  considered to have commenced if:
The owner or operator has obtained all federal, state, and
				  local approvals or permits necessary to begin physical construction of the site
				  or installation of the tank system; and if,
1. Either a continuous on-site physical construction or
				  installation program has begun; or,
2. The owner or operator has entered into contractual
				  obligations, which cannot be canceled or modified without substantial loss, for
				  physical construction at the site or installation of the tank system to be
				  completed within a reasonable time.
"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 light nonaqueous phase liquid (e.g., liquid not
				  dissolved in water).
"Gasket"
means any type of pipe seals made
				  of a variety of rubbers including but not necessarily limited to
				  styrene-butadiene rubber (SBR), nitrile-butadiene rubber (NBR or nitrile),
				  ethylene propylene diene monomer (EPDM), neoprene (CR), and fluoroelastomer
				  rubber (FKM), which are used to seal pipe connections.
"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.
"Groundwater ingestion pathway"
means a
				  pathway through groundwater by which chemicals of concern may result in
				  exposure to a human receptor as specified in rules applicable to Tier 1, Tier 2
				  and Tier 3.
"Groundwater plume"
means the extent of
				  groundwater impacted by the release of chemicals of concern.
"Groundwater to water line pathway"
means a
				  pathway through groundwater which leads to a water line.
"Groundwater vapor to enclosed space
				  pathway"
means a pathway through groundwater by which vapors from
				  chemicals of concern may lead to a receptor creating an inhalation or explosive
				  risk hazard.
"Hazardous substance UST system"
means an
				  underground storage tank system that contains a hazardous substance defined in
				  Section 101(14) of the Comprehensive Environmental Response, Compensation and
				  Liability Act of 1980 (but not including any substance regulated as a hazardous
				  waste under subtitle C) or any mixture of such substances and petroleum, and
				  which is not a petroleum UST system.
"Hazard quotient"
means the ratio of the
				  level of exposure of a chemical of concern over a specified time period to a
				  reference dose for that chemical of concern derived for a similar exposure
				  period. Unless otherwise specified, the hazard quotient designated in these
				  rules is one.
"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.
"Highly permeable soils"
means for the
				  purpose of UST closures: fractured bedrock, any soils with a hydraulic
				  conductivity rate greater than 0.3 meters per day, or any soil material
				  classified by the Unified Soil Classification System as published by the United
				  States Department of the Interior or ASTM designation as (1) GW - well graded
				  gravel, gravel-sand mixtures, little or no fines, (2) GP - poorly graded
				  gravel, gravel-sand mixtures, little or no fines, (3) SW - well graded sands,
				  gravelly sands, little or no fines, or (4) SP - poorly graded sands, gravelly
				  sands, little or no fines.
"Hydraulic conductivity"
means the rate of
				  water movement through the soil measured in meters per day (m/d) as determined
				  by the following methods. For a saturated soil, the Bouwer-Rice method or its
				  equivalent shall be used. For unsaturated soil, use a Guelph permeameter or an
				  equivalent in situ constant-head permeameter in a boring finished above the
				  water table. If an in situ method cannot be used for unsaturated soil because
				  of depth, or if the soil is homogeneous and lacks flow-conducting channels,
				  fractures, cavities, etc., laboratory measurement of hydraulic conductivity is
				  acceptable.
If laboratory methods are used, collect undisturbed soil
				  samples using a thin-walled tube sampler in accordance with American Society of
				  Testing and Materials (ASTM) Standard D1587. Samples shall be clearly marked,
				  preserved and transported to the laboratory. The laboratory shall measure
				  hydraulic conductivity using a constant-head permeameter in accordance with
				  ASTM Standard D2434 or a falling-head permeameter in accordance with accepted
				  methodology.
"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.
"Institutional controls"
means the
				  restriction on use or access (for example, fences, deed restrictions,
				  restrictive zoning) to a site or facility to eliminate or minimize potential
				  exposure to a chemical(s) of concern. Institutional controls include any of the
				  following:
1. A law of the United States or the state;
2. A regulation issued pursuant to federal or state
				  laws;
3. An ordinance or regulation of a political subdivision in
				  which real estate subject to the institutional control is located;
4. A restriction on the use of or activities occurring at
				  real estate which are embodied in a covenant running with the land
				  which:
* Contains a legal description of the real estate in a manner
				  which satisfies Iowa Code section
				  558.1
				  et seq.;
* Is properly executed, in a manner which satisfies Iowa Code
				  section
				  558.1
				  et seq.;
* Is recorded in the appropriate office of the county in
				  which the real estate is located;
* Adequately and accurately describes the institutional
				  control; and
* Is in the form of a covenant as set out in Appendix C or in
				  such a manner reasonably acceptable to the department.
5. Any other institutional control the owner or operator can
				  reasonably demonstrate to the department which will reduce the risk from a
				  release throughout the period necessary to ensure that no applicable target
				  risk is likely to be exceeded.
"Light, nonaqueous-phase liquid"
or
"LNAPL"
refers to an organic compound that is immiscible
				  with, and lighter than water (e.g., crude oil, gasoline, diesel fuel, heating
				  oil).
"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.
"MCLs"
means the drinking water primary
				  maximum contaminant levels set out in
				  567-41.3 (455B).
"Memorandum of agreement"
means a written
				  agreement between the department and the owner or operator which specifies the
				  corrective action that will be undertaken by the owner or operator in order to
				  comply with requirements in this chapter and the terms for implementation of
				  the plan. The plan may include but is not limited to provisions for additional
				  site assessment, site monitoring, Tier 2 revisions, Tier 3 assessment,
				  excavation, and other soil and groundwater remedial action.
"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 (for example, motor gasoline blended
				  with alcohol).
"New tank system"
means a tank system that
				  will be used to contain an accumulation of regulated substances and for which
				  installation has commenced after January 14, 1987. (See also "Existing Tank
				  System.")
"Noncarcinogenic risk"
means the potential
				  for adverse systemic or toxic effects caused by exposure to noncarcinogenic
				  chemicals of concern, expressed as the hazard quotient.
"Noncommercial purposes"
with respect to
				  motor fuel means not for resale.
"Non-drinking water well"
means any
				  groundwater well (except an extraction well used as part of a remediation
				  system) not defined as a drinking water well including a groundwater well which
				  is not properly plugged in accordance with department rules in 567-Chapters 39
				  and 49.
"Nonresidential area"
means land which is
				  not currently used as a residential area and which is zoned for nonresidential
				  uses.
"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 rule
				  567-135.15 (455B).
"Operator"
means any person in control of,
				  or having responsibility for, the daily operation of the UST system.
"Overexcavation"
refers to the excavation of
				  subsurface materials outside the excavation zone for the purpose of removing
				  contaminated substances.
"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 a UST system in use on July 1, 1985, or
				  brought into use after that date, any person who owns a UST system used for
				  storage, use, or dispensing of regulated substances; and
2. In the case of any UST system in use before July 1, 1985,
				  but no longer in use on that date, any person who owned such UST immediately
				  before the discontinuation of its use.
Owner does not include a person or institution, who, without
				  participating in the management or operation of the underground storage tank or
				  the tank site or engaging in petroleum production, refining or marketing, holds
				  indicia of ownership primarily to protect that person's security interest in
				  the underground storage tank or the tank site property, prior to obtaining
				  ownership or control through debt enforcement, debt settlement, or
				  otherwise.
"Pathway"
means a transport mechanism by
				  which chemicals of concern may reach a receptor(s) or the location(s) of a
				  potential receptor.
"Permanent closure"
means removing all
				  regulated substances from the tank system, assessing the site for
				  contamination, and permanently removing tank and piping from the ground or
				  filling the tank in place with a solid inert material and plugging all piping.
				  Permanent closure also includes partial closure of a tank system such as
				  removal or replacement of tanks or piping only.
"Person"
means an individual, trust, firm,
				  joint stock company, federal agency, corporation, state, municipality,
				  commission, political subdivision of a state, or any interstate body. "Person"
				  also includes a consortium, a joint venture, a commercial entity, and the
				  United States government.
"Person who conveys or deposits a regulated
				  substance"
means a person who sells or supplies the owner or operator
				  with the regulated substance and the person who transports or actually deposits
				  the regulated substance in the underground tank.
"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 nonearthen materials
				  and that routinely contains and conveys regulated substances.
"Pipeline facilities (including gathering
				  lines)"
are new and existing pipe rights-of-way and any associated
				  equipment, facilities, or buildings.
"Point of compliance"
means the location(s)
				  at the source(s) of contamination or at the location(s) between the source(s)
				  and the point(s) of exposure where concentrations of chemicals of concern must
				  meet applicable risk-based screening levels at Tier 1 or other target level(s)
				  at Tier 2 or Tier 3.
"Point of exposure"
means the location(s) at
				  which an actual or potential receptor may be exposed to chemicals of concern
				  via a pathway.
"Polybutylene pipe"
(PB refers to
				  polybutylene) means a water supply pipe comprised of a form of plastic resin
				  that was used extensively from 1978 until 1995. The piping systems were used
				  for underground water mains and as interior water distribution piping.
				  Polybutylene mains are usually blue in color, but may be gray, black, or white.
				  The pipe is usually 1/2 inch or 1 inch in diameter, and it may be found
				  entering a residence through the basement wall or floor, concrete slab or
				  through the crawlspace; frequently it enters the residence near the water
				  heater.
"Polyethylene pipe"
(PE refers to
				  polyethylene) means a water supply pipe comprised of thermoplastic material
				  produced from the polymerization of ethylene. PE pipe is manufactured by
				  extrusion in sizes ranging from 1/2 inch to 63 inches. PE pipe is available in
				  rolled coils of various lengths or in straight lengths of up to 40 feet. PE
				  pipe is available in many forms and colors, including single-extrusion colored
				  or black pipe, black pipe with co-extruded color striping, and black or natural
				  pipe with a co-extruded colored layer. PE pipe has been demonstrated to be very
				  permeable to petroleum while still retaining its flexible structure.
"Polyvinyl chloride pipe"
(PVC refers to
				  polyvinyl chloride) means a pipe made from a plastic and vinyl combination
				  material. The pipes are durable, hard to damage, and long-lasting. A PVC pipe
				  is very resistant and does not rust, nor is it likely to rot or wear over time.
				  PVC piping is most commonly used in water systems, underground wiring, and
				  sewer lines.
"Portland cement"
means hydraulic cement
				  (cement that not only hardens by reacting with water but also forms a
				  water-resistant product) and is produced by pulverizing clinkers consisting
				  essentially of hydraulic calcium silicates, usually containing one or more
				  forms of calcium sulfate as an inter ground addition.
"Potential receptor"
means a receptor not in
				  existence at the time a Tier 1, Tier 2 or Tier 3 site assessment is prepared,
				  but which could reasonably be expected to exist within 20 years of the
				  preparation of the Tier 1, Tier 2 or Tier 3 site assessment or as otherwise
				  specified in these rules.
"Preferential pathway"
means conditions
				  which act as a pathway permitting contamination to migrate through soils and to
				  groundwater at a faster rate than would be expected through naturally occurring
				  undisturbed soils or unfractured bedrock including but not limited to wells,
				  cisterns, tile lines, drainage systems, utility lines and envelopes, and
				  conduits.
"Protected groundwater source"
means a
				  saturated bed, formation, or group of formations which has a hydraulic
				  conductivity of at least 0.44 meters per day (m/d) and a total dissolved solids
				  of less than 2,500 milligrams per liter (mg/l) or a bedrock aquifer with total
				  dissolved solids of less than 2,500 milligrams per liter (mg/l) if bedrock is
				  encountered before groundwater.
"Public water supply well"
means a well
				  connected to a system for the provision to the public of piped water for human
				  consumption, if such system has at least 15 service connections or regularly
				  serves an average of at least 25 individuals daily at least 60 days out of the
				  year.
"Receptor"
means enclosed spaces, conduits,
				  protected groundwater sources, drinking and non-drinking water wells, surface
				  water bodies, and public water systems which when impacted by chemicals of
				  concern may result in exposure to humans and aquatic life, explosive conditions
				  or other adverse effects on health, safety and the environment as specified in
				  these rules.
"Reference dose"
means a designated toxicity
				  value established in these rules for evaluating potential noncarcinogenic
				  effects in humans resulting from exposure to a chemical(s) of concern.
				  Reference doses are designated in Appendix A.
"Regulated substance"
means an element,
				  compound, mixture, solution or substance which, when released into the
				  environment, may present substantial danger to the public health or welfare or
				  the environment. Regulated substance includes:
1. Substances designated in Table 302.4 of 40 CFR Part 302
				  (September 13, 1988),
2. Substances which exhibit the characteristics identified in
				  40 CFR
				  261.20 through
				  261.24
				  (May 10, 1984) and which are not excluded from regulation as a hazardous waste
				  under 40 CFR
				  261.4(b) (May 10,
				  1984),
3. Any substance defined in Section 101(14) of the
				  Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
				  (but not including any substance regulated as a hazardous waste under subtitle
				  C), and
4. 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). 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 of a regulated
				  substance, including petroleum, from a UST 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.
"Replace"
or
"replacement"
means the installation of a new underground tank system or component, including
				  dispensers, in substantially the same location as an existing tank system or
				  component.
"Replaced"
means:
1. For a tank: to remove a tank and install another
				  tank.
2. For piping: to remove 50 percent 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.
"Residential area"
means land used as a
				  permanent residence or domicile, such as a house, apartment, nursing home,
				  school, child care facility or prison, land zoned for such uses, or land where
				  no zoning is in place.
"Residential tank"
is a tank located on
				  property used primarily for dwelling purposes.
"Risk-based screening level (RBSL)"
means
				  the risk-based concentration level for chemicals of concern developed for a
				  Tier 1 analysis to be met at the point(s) of compliance and incorporated in the
				  Tier 1 Look-up Table in Appendix A.
"SARA"
means the federal Superfund
				  Amendments and Reauthorization Act of 1986.
"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 monitored for leaks. This term
				  includes containment sumps when used for interstitial monitoring of
				  piping.
"Secondary containment tank"
or
"secondary containment piping"
means a tank or piping which
				  is designed with an inner primary shell and a liquid-tight outer secondary
				  shell or jacket which extends around the entire inner shell, and which is
				  designed to contain any leak through the primary shell from any part of the
				  tank or piping that routinely contains product, and which also allows for
				  monitoring of the interstitial space between the shells and the detection of
				  any leak.
"Septic tank"
is a watertight 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.
"Service line"
means a pipe connected to a
				  business or residence from a water main, typically of a size not exceeding 6
				  inches in diameter, and including its gaskets and other appurtenances. For
				  purposes of this chapter, service lines refer to pipes specifically used for
				  drinking water transmission.
"Site assessment investigation"
means an
				  investigation conducted by a certified groundwater professional to determine
				  relevant site historical data, the types, amounts, and sources of petroleum
				  contaminants present, hydrogeological characteristics of the site, full
				  vertical and horizontal extent of the contamination in soils and groundwater,
				  direction and rate of flow of the contamination, ranges of concentration of the
				  contaminants by analysis of soils and groundwater, the vertical and horizontal
				  extent of the contamination exceeding department standards, and the actual or
				  potential threat to public health and safety and the environment.
"Site cleanup report"
means the report
				  required to be submitted by these rules and in accordance with department
				  guidance which may include the results of Tier 2 or Tier 3 assessment and
				  analysis.
"Site-specific target level (SSTL)"
means
				  the risk-based target level(s) for chemicals of concern developed as the result
				  of a Tier 2 or Tier 3 assessment which must be achieved at applicable point(s)
				  of compliance at the source to meet the target level(s) at the point(s) of
				  exposure.
"Soil leaching to groundwater pathway"
means
				  a pathway through soil by which chemicals of concern may leach to groundwater
				  and through a groundwater transport pathway impact an actual or potential
				  receptor.
"Soil plume"
means the vertical and
				  horizontal extent of soil impacted by the release of chemicals of
				  concern.
"Soil to water line pathway"
means a pathway
				  which leads from soil to a water line.
"Soil vapor to enclosed space pathway"
means
				  a pathway through soil by which vapors from chemicals of concern may lead to a
				  receptor creating an inhalation or explosive risk hazard.
"Storm water 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, constructed excavation, or diked area formed primarily
				  of earthen materials (although it may be lined with manufactured materials)
				  that is not an injection well.
"Surface water body"
means general use
				  segments as provided in 567-paragraph 61.3(1)
"a"
and
				  designated use segments of water bodies as provided in 567-paragraph
				  61.3(1)
"b"
and 567-subrule 61.3(5).
"Surface water criteria"
means, for
				  chemicals of concern, the Criteria for Chemical Constituents in Table 1 of rule
				  567-61.3 (455B), except that
				  "1,000 ug/L" will be substituted for the chronic levels for toluene for Class B
				  designated use segments.
"Surface water pathway"
means a pathway
				  which leads to a surface water body.
"Tank"
is a stationary device designed to
				  contain an accumulation of regulated substances and constructed of nonearthen
				  materials (e.g., concrete, steel, plastic) that provide structural
				  support.
"Target level"
means the allowable
				  concentrations of chemicals of concern established to achieve an applicable
				  target risk which must be met at the point(s) of compliance as specified in
				  these rules.
"Target risk"
refers to an applicable
				  carcinogenic and noncarcinogenic risk factor designated in these rules and used
				  in determining target levels (for carcinogenic risk assessment, target risk is
				  a separate factor, different from exposure factors, both of which are used in
				  determining target levels).
"Technological controls"
means a physical
				  action which does not involve source removal or reduction, but severs or
				  reduces exposure to a receptor, such as caps, containment, carbon filters,
				  point of use water treatment, etc.
"Temporary closure"
means a regulated tank
				  or UST system that has been out of operation for three months or more.
"Tier 1 level"
means the groundwater and
				  soil levels in the Tier 1 Look-up Table set out in rule 135.9(455B) and
				  Appendix A.
"Tier 1 site assessment"
means the
				  evaluation of limited site-specific data compared to the Tier 1 levels
				  established in these rules for the purpose of determining which pathways do not
				  require assessment and evaluation at Tier 2 and which sites warrant a no
				  further action required classification without further assessment and
				  evaluation.
"Tier 2 site assessment"
means the process
				  of assessing risk to actual and potential receptors by using site-specific
				  contaminant concentrations and designated Tier 2 exposure and fate and
				  transport models to determine the applicable target level(s).
"Tier 3 site assessment"
means a
				  site-specific risk assessment utilizing more sophisticated data or analytic
				  techniques than a Tier 2 site assessment.
"Training program"
means any program that
				  provides information to and evaluates the knowledge of a Class A, Class B, or
				  Class C operator through testing, practical demonstration, or another approach
				  acceptable to the department regarding requirements for UST systems that meet
				  the requirements of subrules 135.4(6) to 135.4(12).
"Under-dispenser containment (UDC)"
means
				  containment underneath a dispenser system designed to prevent leaks from the
				  dispenser and piping within or above the UDC from reaching soil or
				  groundwater.
"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 below-ground
				  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 10 percent or more beneath the surface
				  of the ground. This term does not include any:
a . Farm or residential tank of 1100 gallons or less capacity
				  used for storing motor fuel for noncommercial purposes. Iowa Code section
				  455B.473(4)
				   requires those tanks existing prior to July
				  1, 1987, to be registered. Tanks installed on or after July 1, 1987, must
				  comply with all 567-Chapter 135 rules;
b. Tank used for storing heating oil for consumptive use on
				  the premises where stored;
c. Septic tank;
d. Pipeline facility (including gathering lines):
(1) Which is regulated under 49 U.S.C. Chapter 601, or
(2) Which is an intrastate pipeline facility regulated under
				  state laws as provided in 49 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;
e. Surface impoundment, pit, pond, or lagoon;
f. Storm-water or wastewater collection system;
g. Flow-through process tank;
h. Liquid trap or associated gathering lines directly related
				  to oil or gas production and gathering operations; or
i . 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
"a"
through
"i"
of this
				  definition.
"Underground storage tank professional"
or
"UST professional"
means an individual licensed by the
				  department under 567-Chapter 134, Part C. The licensing program includes
				  underground storage tank system installation, installation inspection, UST
				  system testing, tank lining, cathodic protection installation/inspection, and
				  UST removal. The license issued will list the type of work the individual is
				  licensed to perform.
"Underground utility vault"
means any
				  constructed space accessible for inspection and maintenance associated with
				  subsurface utilities.
"Unreasonable risk to public health and safety or the
				  environment"
means the Tier 1 levels for a Tier 1 site assessment, the
				  applicable target level for a Tier 2 site assessment, and the applicable target
				  level for a Tier 3 site assessment.
"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.
"Utility envelope"
means the backfill and
				  trench used for any subsurface utility line, drainage system and tile
				  line.
"Wastewater treatment tank"
means a tank
				  that is designed to receive and treat an influent wastewater through physical,
				  chemical, or biological methods.
"Water line"
means a hollow cylinder or
				  tubular conduit that routinely contains and conveys potable water and is
				  constructed of nonearthen materials, including but not limited to
				  asbestos-cement, copper, high-density polyethylene (HDPE), polybutylene,
				  polyethylene, and wood. Such piping includes any elbows, couplings, unions,
				  valves, or other in-line fixtures, as well as the gaskets, which contain and
				  convey potable water.
"Water main pipe"
means a main line to the
				  water distribution system with feeder lines or service lines connected to it
				  and which typically is 6 inches or greater in diameter, and includes its
				  gaskets and other appurtenances.