Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 25 - Underground Storage Tanks › Subchapter 1 - General Provisions › Part 3 - DEFINITIONS › Section 165:25-1-11 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the terms defined in 17 O.S. §§
					 303 and 348, the following words or terms, when used in this Chapter, shall
					 have the following meaning unless the context clearly indicates otherwise:
"Agent"
means a person authorized by another
					 to act on their behalf, either out of employment or contract.
"Airport"
means landing facility for aircraft
					 that are routinely available for public use (whether routinely used or not).
					 Airports as used in this Chapter do not include private airstrips or private
					 airports.
"Airport hydrant system"
means an underground
					 storage tank system which fuels aircraft and operates under high pressure with
					 large diameter piping that typically terminates into one (1) or more hydrants
					 (fill stands). The airport hydrant system begins where fuel enters one (1) or
					 more tanks from an external source, such as a pipeline, barge, rail car, or
					 other motor fuel carrier.
"ATG"
means automatic tank gauge.
"Ball float functionality"
means the ball
					 float is operational as designed.
"BTEX"
means benzene, toluene, ethylbenzene
					 and xylene.
"Bulk plant"
means a petroleum storage tank
					 facility where regulated substances are received by tank vessels, pipelines,
					 tank cars or tank vehicles and are stored or blended in mass quantities or bulk
					 for the purpose of distribution by a tank vessel, tank car, tank vehicle,
					 portable tank or other container, for wholesale or retail sale.
"Cathodic protection"
means a technique
					 designed to prevent the corrosion of a metal surface by making that surface the
					 cathode of an electrochemical cell. For example, protection can be accomplished
					 with an impressed current system or a galvanic anode system.
"Change in service"
means a change in the
					 status of a storage tank (i.e., from currently in use to temporarily out of
					 use); or change of regulated substance that a storage tank contains.
"Commission"
or
"OCC"
means the
					 Oklahoma Corporation Commission.
"Compatible"
means the ability of two (2) or
					 more substances to maintain their respective physical properties upon contact
					 with one another for the design life of the petroleum storage tank system under
					 conditions likely to be encountered in the system.
"Corrosion expert"
means an individual having
					 the requisite knowledge, experience, certification, and training to design,
					 install, test, and maintain corrosion protection systems.
"EPA"
means the United States Environmental
					 Protection Agency.
"Electronic signature"
means an electronic
					 signature as defined in OAC
					 165:5-1-3.
"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 but is not limited to fish hatcheries, rangeland, and
					 nurseries with growing operations.
"Field constructed tank"
means a tank
					 constructed in the field such as a tank constructed of concrete that is poured
					 in the field, or a steel or fiberglass tank primarily fabricated in the field.
"Financial responsibility"
shall have the same
					 meaning in this Chapter as in 40 CFR 280 Subpart H.
"Financial security"
means holding financial
					 security in a tank system or facility site and is not considered ownership of a
					 tank system unless certain criteria of 40 CFR 280 Subpart H is met.
"Fleet and Commercial"
means any facility as
					 defined in this Chapter that uses underground storage tanks to store regulated
					 substances for use in its own vehicles or equipment.
"Flow-through process tank"
means a tank that
					 forms an integral part of a production process through which there is a steady,
					 variable, recurring or intermittent flow of material during the operation of
					 the process. Flow-through process tanks do not include tanks used for the
					 storage of materials prior to their introduction to the process or for the
					 storage of finished products or by-products from the production process.
"Formal Enforcement Action"
means the process
					 of ensuring compliance with Commission regulations, rules, orders,
					 requirements, standards, and/or state law when a violation occurs and PSTD
					 initiates an enforcement Complaint under the contempt procedure in Oklahoma
					 Administrative Code (OAC) 165:5 Subchapter 19 to be heard at the Commission by
					 an Administrative Law Judge or the Commissioners.
"Gathering lines"
means a gathering line or
					 gathering system as defined in OAC
					 165:45-1-2.
"Important building"
means a building that is
					 considered not expendable in an exposure fire.
"Inert material"
means a solid, motionless
					 substance that is neither chemically nor biologically reactive, is denser than
					 water, and will not decompose. Examples of inert material include sand and
					 concrete, or as otherwise approved by PSTD staff.
"Lender liability"
shall have the same meaning
					 in this Chapter as in 40 CFR 280 Subpart I.
"Licensed Environmental Consultant"
means an
					 individual who has a current license issued by PSTD to perform corrective
					 action.
"Maintenance"
means the normal operational
					 upkeep necessary to prevent a petroleum storage tank system from releasing
					 product.
"Marina"
means any fuel storage tank system
					 located on or by the water for the purpose of fueling watercraft.
"Observation well"
means a cased and screened
					 boring or drilled hole, installed within the tank excavation or piping trench
					 that can be used for the continuous or periodic evaluation of groundwater
					 quality or the detection of soil vapors as a method of release detection.
"Operational life"
means the period beginning
					 from the time installation of the tank or system is commenced until it is
					 properly closed or removed as provided for in this Chapter.
"Operator"
means any person in control of or
					 having responsibility for the daily operation of the storage tank system,
					 whether by lease, contract, or other form of agreement. The term "operator"
					 also includes a past operator at the time of a release, tank closure, violation
					 of the Oklahoma Petroleum Storage Tank Consolidation Act, or a rule promulgated
					 thereunder, or a requirement of the Commission. In the case of a storage tank
					 system in service/use before November 8, 1984, but no longer in service/use on
					 that date, the last person to operate the storage tank system immediately
					 before the discontinuation of its service/use.
"Out of Order tag"
means tag, device or
					 mechanism on the tank fill pipe that clearly identifies an underground storage
					 tank as ineligible for delivery of product.
"Owner"
means any person as set forth in 17
					 O.S. § 303(27), including the real property owner where the storage tank
					 system is still present, the storage tank system presence is a trade fixture or
					 improvement or both. It is not necessary that the real property owner sold,
					 used, or stored regulated substances in, of, or from the storage tank system.
					 However, a real property owner who has a storage tank system located on their
					 property that was taken out of service/use prior to November 8, 1984, is not
					 considered to be a storage tank owner for any PSTD regulated purpose.
"OWRB"
means the Oklahoma Water Resources
					 Board.
"Permanent out of use"
or
"POU"
means a petroleum storage tank system that is not in service/use, does not
					 contain regulated substances, and is not intended to be placed back in
					 service/use.
"Private airport"
means an airport used only
					 by its owner and regulated as a fleet and commercial facility.
"Private airstrip"
means a personal
					 residential takeoff and landing facility part of the airstrip owner's
					 residential property.
"PSTD"
means Petroleum Storage Tank Division.
"Recalcitrant owner"
means an owner/operator
					 who is responsible for a tank system and after notice will not adhere to a PSTD
					 enabling statute, Commission rule, requirement, or order.
"Regulated substance"
means antifreeze, motor
					 oil, motor fuel, gasoline, kerosene, diesel or aviation fuel as set forth in 17
					 O.S. § 305. It does not include compressed natural gas, liquid natural gas
					 or propane.
"Release detection"
means the methodology used
					 in determining whether a release of regulated substances has occurred from a
					 petroleum storage tank or system into the environment or into the interstitial
					 area between the underground storage tank system and its secondary barrier.
"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 real
					 property used primarily for dwelling purposes.
"Retail facility"
means a service station,
					 convenience store or any other facility selling a PSTD regulated substance that
					 is open to the general public.
"Secondary containment"
means an underground
					 storage tank and/or piping with inner and outer barriers which provide a space
					 for interstitial (the space between the inner and outer walls of a double
					 walled tank or piping) monitoring.
"Tampering"
means willful intention in an
					 attempt to deceive, cheat or misrepresent facts to the public. Tampering also
					 presents a risk to the environment as well as public health, safety and
					 welfare.
"Tank tightness testing"
or
"precision
					 testing"
means a procedure for testing an underground storage tank
					 system's integrity.
"Temporary out of use"
or
"TOU"
means the status of an underground storage tank system that has been taken out
					 of service/use with the intent to permanently close or return to service.
"TPH"
means total petroleum hydrocarbons.
"Underground storage tank"
or
"UST"
"storage tank" as defined in 17 O.S. § 303(40) that has
					 ten percent (10%) or more of its volume beneath the surface of the ground.
"Underground storage tank system"
means a
					 closed-plumbed system including, but not limited to the underground storage
					 tank(s), the individual storage tank compartments, the lines, dispenser for a
					 given product, containment sump, if any, and ancillary equipment or a delivery
					 truck that is connected to the storage tank system.
"Used Motor Oil"
is any spent motor oil
					 removed from a motor vehicle.
Amended at 9 Ok Reg
					 849, eff 1-6-92 (emergency); Amended at 9 Ok Reg 2731, eff 7-13-92; Amended at
					 10 Ok Reg 2617, eff 6-25-93; Amended at 11 Ok Reg 3705, eff 7-11-94; Amended at
					 13 Ok Reg 3237, eff 9-1-96; Amended at 14 Ok Reg 2500, eff 7-1-97; Amended at
					 15 Ok Reg 3003, eff 7-15-98; Amended at 18 Ok Reg 2378, eff 7-1-01; Amended at
					 19 Ok Reg 1609, eff 6-13-02; Amended at 21 Ok Reg 2036, eff 7-1-04; Added at 22
					 Ok Reg 488, eff 1-10-04 (emergency); Amended at 22 Ok Reg 1730, eff 7-1-05;
					 Amended at 23 Ok Reg 2261, eff 7-1-06; Amended at 25 Ok Reg 1867, eff 7-1-08;
					 Amended at 26 Ok Reg 1826, eff 7-1-09