Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 26 - Aboveground Storage Tanks › Subchapter 1 - General Provisions › Part 1 - PURPOSE AND DEFINITIONS › Section 165:26-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the terms defined in 17 O.S. §§
					 301 et seq., the following words or terms, when used in this Chapter, shall
					 have the following meaning unless the context clearly indicates
					 otherwise:
"Aboveground storage tank"
or
"AST"
means a "Storage tank" as defined in 17 O.S. § 303(40)
					 that has more than ninety percent (90%) of its volume above the surface of the
					 ground.
"Aboveground storage tank system"
means a
					 closed-plumbed system including, but not limited to, the aboveground storage
					 tank(s), the individual storage tank compartments, the lines, the dispenser for
					 a given product, containment sump, if any, ancillary equipment or a delivery
					 truck that is connected to the storage tank system.
"Agent"
means a person authorized by another
					 to act on their behalf, either out of employment or contract.
"Airports"
mean landing facilities for
					 aircraft which 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.
"Ancillary equipment"
means any device
					 including, but not limited to: devices, such as piping, fittings, flanges,
					 valves, and pumps that are used to distribute, meter, or control the flow of
					 regulated substances to or from a petroleum storage tank.
"ATG"
means automatic tank gauging.
"Backfill"
is the material that is placed in
					 piping excavation to support and separate the piping from the natural
					 environment.
"BTEX"
means benzene, toluene, ethylbenzene
					 and xylene.
"Bulk plant"
means 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 distributing them by a tank vessel, pipeline, 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 PST 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.
"Emergency venting"
means a construction
					 method or device that relieves excessive internal pressure due to fire
					 exposure.
"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.
"Fire protected tank"
means an aboveground
					 storage tank that is listed in accordance with UL 2085,
Standard for
					 Insulated Aboveground Tanks for Flammable and Combustible Liquids,
or
					 an equivalent test procedure that consists of a primary tank provided with
					 protection from physical damage and fire-resistive protection from exposure to
					 a high-intensity liquid pool fire.
"Fire resistant tank"
means a UL listed
					 aboveground storage tank that provides fire-resistant protection from exposures
					 to a high intensity liquid pool fire.
"Fleet and Commercial"
means any facility that
					 uses aboveground 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 OAC 165:5
					 Subchapter 19 to be heard at the Commission by an Administrative Law Judge or
					 the Commissioners.
"Impervious barrier"
means a barrier of
					 sufficient thickness, density, and composition that is impenetrable to the
					 regulated substance, has a permeability of at least 1 X 10
					 -6 cm/sec., and will prevent the discharge to the
					 environment of any regulated substance for a period of at least as long as the
					 maximum anticipated time during which the regulated substance will be in
					 contact with the impervious material.
"Important building"
means a building that is
					 considered not expendable in an exposure fire.
"In service"
means a petroleum storage tank
					 that contains a regulated substance, and/or has a regulated substance added to
					 or withdrawn from it.
"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.
"Mobile or Temporary Tank at Construction
					 Site"
means a fuel tank used for less than twelve (12) months at a
					 construction site.
"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 it's service/use.
"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.
"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.
"Pier"
means dock, floating dock, and
					 wharf.
"Positive sampling, testing, or monitoring
					 results"
means the results of sampling, testing or monitoring using any
					 of the release detection methods described in this Chapter that indicate that a
					 release from a petroleum storage tank system may have occurred.
"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 attached to the airstrip owner's
					 residential property and used only by the owner.
"PSTD"
means Petroleum Storage Tank
					 Division.
"Public Utility"
means any entity providing
					 gas, electricity, water, or telecommunication services for public use.
"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 substances"
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 system into the environment or into the interstitial
					 area between the storage tank system and its secondary barrier.
"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.
"Sacrificial anode"
means a device to reduce
					 or prevent corrosion of a metal in an electrolyte by galvanic coupling to a
					 more anodic metal.
"Secondary containment"
means a system
					 installed around a petroleum storage tank or system that is designed to prevent
					 a release from migrating beyond the secondary containment system outer wall (in
					 the case of a double-walled tank system) or excavation area (in the case of a
					 liner or vault system) before the release can be detected. Such a system may
					 include, but is not limited to, impervious barriers (both natural and
					 synthetic), double walls, or vaults.
"TPH"
means total petroleum
					 hydrocarbons.
"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 a petroleum storage tank system's
					 integrity.
"Temporary out of use"
or
"TOU"
means the status of a petroleum storage tank system that has been taken out of
					 service/use with the intent to permanently close or return to service.
"Total venting capacity"
means the sum of the
					 normal and emergency vent capacities and is determined by the wetted area of
					 the tank as provided in Appendix I.
"Used Motor Oil"
is any spent motor oil
					 removed from a motor vehicle.
"Vault"
means an enclosure consisting of four
					 (4) walls, a floor, and a top for the purpose of containing a liquid storage
					 tank and not intended to be occupied by personnel other than for inspection,
					 repair, or maintenance of the vault, the storage tank or related
					 equipment.
"Wetted area of cylindrical tank"
means
					 seventy-five percent (75%) of the total exposed area of the tank ends and
					 shell.
"Wetted area of rectangular tank"
means one
					 hundred percent (100%) of the surface area of the bottom, sides, and ends of
					 the tank.
"Wetted area of vertical tank"
means the first
					 thirty feet (30') above grade of the exposed shell and floor.
Added at 9 Ok Reg
					 2719, eff 7-13-92; Amended at 12 Ok Reg 2057, eff 7-1-95; Amended at 14 Ok Reg
					 2515, eff 7-1-97; Amended at 15 Ok Reg 3020, eff 7-15-98; Amended at 17 Ok Reg
					 2875, eff 7-15-00; Amended at 19 Ok Reg 1616, eff 6-13-02; Amended at 21 Ok Reg
					 2079, eff 7-1-04; Amended at 22 Ok Reg 1752, eff 7-1-05; Amended at 25 Ok Reg
					 2187, eff 7-11-08; Amended at 26 Ok Reg 1831, eff
					 7-1-09