Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 29 - Corrective Action of Petroleum Storage Tank Releases › Subchapter 1 - General Provisions › Part 3 - DEFINITIONS › Section 165:29-1-11 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the terms defined in 17 O.S. § 303,
					 the following words or terms, when used in this Chapter, shall have the
					 following meaning unless the context clearly indicates otherwise:
"ANSI"
means the American National Standards
					 Institute.
"API"
means the American Petroleum
					 Institute.
"ASTM"
means the American Society for Testing
					 and Materials.
"Aboveground release"
means any release to the
					 surface of the land or to surface water. It includes, but is not limited to,
					 releases from the aboveground portion of an underground storage tank system and
					 aboveground releases associated with overfills and transfer operations as the
					 regulated substance moves to or from an underground storage tank system.
"Agent"
means a person authorized by another
					 to act on their behalf, either out of employment or contract.
"Aquifer"
means a formation that contains
					 sufficient saturated, permeable material to yield significant quantities of
					 water to wells and springs. This implies an ability to store and transmit water
					 for beneficial uses.
"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.
"Backfill"
refers to only the material placed
					 in the excavation zone to support the petroleum storage tank system.
"Belowground release"
means any release to the
					 subsurface of the land or to groundwater. It includes, but is not limited to,
					 releases from belowground portions of petroleum storage tank systems and
					 belowground releases associated with overfills and transfer operations as the
					 regulated substance moves to or from underground storage tank systems.
					 "Belowground release" does not include releases to a secondary containment
					 system.
"Beneficial uses"
means a classification of
					 the waters of the State, according to their best uses in the interest of the
					 public.
"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.
"Chemicals of Concern"
or
"COC"
means chemicals that may pose a threat to human health and the
					 environment.
"Commission"
or
"OCC"
means the
					 Oklahoma Corporation Commission.
"Confirmed Release"
means a release of a
					 regulated substance from a regulated storage tank system resulting in free
					 product, contaminated soils or groundwater that exceed state action levels,
					 organic vapor readings significantly above background levels, petroleum
					 staining or odors or any other indication that a release has occurred that
					 could be harmful to human health, safety or the environment and to which a PSTD
					 case number is assigned and further corrective action is required.
"Corrective Action Plan"
means any plan
					 submitted to the Division detailing the method and manner of corrective action
					 to be taken for a release.
"Dielectric material"
means a material that
					 does not conduct direct electric current. Dielectric coatings are used to
					 electrically isolate underground storage tank systems from the surrounding
					 area. Dielectric bushings are used to electrically isolate portions of the
					 underground storage tank system (e.g., tank from piping).
"EPA"
means the United States Environmental
					 Protection Agency.
"Electronic signature"
means an electronic
					 signature as defined by OAC
					 165:5-1-3.
"Environmental experience"
means work-related
					 experience in any type of activities associated with soil, water or atmosphere
					 impacted or potentially impacted by a PSTD regulated substance.
"Excavation zone"
means the volume containing
					 the underground storage tank system and backfill materials, bounded by the
					 ground surface, walls, and floor of the pit and trenches into which the
					 underground storage tank system is placed at the time of installation.
"Free product"
means a regulated substance
					 that is present as a non-aqueous phase liquid (e.g., liquid not dissolved in
					 water).
"Fresh groundwater"
means groundwater with
					 total dissolved solids (TDS) less than five thousand (5,000) parts per
					 million.
"Fund"
means the Petroleum Storage Tank
					 Release Environmental Cleanup Indemnity Fund.
"Groundwater"
means that part of water that is
					 below the water table.
"Hazard Index"
means the sum of the Hazard
					 Quotients.
"Hazard Quotient"
means the estimated dose, or
					 intake, for a specific chemical and a specific pathway, divided by the
					 Reference Dose (RfD).
"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.
"In service"
means a petroleum storage tank
					 that is not abandoned, or could contain regulated substances, and/or has
					 regulated substances regularly added to or withdrawn from it.
"Inventory controls"
means techniques used to
					 identify a loss of regulated substances that are based on volumetric
					 measurements in the tank and reconciliation of those measurements with product
					 delivery and withdrawal records.
"Licensed Environmental Consultant"
means an
					 individual who has a current license issued by the Petroleum Storage Tank
					 Division to perform corrective action.
"Liquid trap"
means sumps, well cellars, and
					 other traps used in association with oil or gas production, gathering, and
					 extraction operations (including gas production plants) to collect oil, water,
					 and other liquids. 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.
"MCL"
means Maximum Contaminant Level.
"MtBE"
means methyl tertiary butyl
					 ether.
"Monitor well"
means a piezometer or other
					 cased and screened excavation, boring or drilled hole installed in any way that
					 can be used for the continuous or periodic evaluation of groundwater quality or
					 the detection of soil vapors.
"NACE"
means the National Association of
					 Corrosion Engineers.
"NFPA"
means the National Fire Protection
					 Association, Inc.
"Occurrence"
means the release of a PSTD
					 regulated substance into the soil or groundwater. Each PSTD regulated substance
					 will be treated as one (1) occurrence regardless of the composition of the
					 substance released. Separate occurrences of the same PSTD regulated substance
					 may be allowed if evidence establishes that the PSTD regulated substance
					 occurred in two (2) different tank systems locations, are separated by time, or
					 both.
"ORBCA"
or
"Oklahoma Risk-Based
					 Corrective Action"
means a scientific risk-based analysis that governs
					 petroleum storage tank site assessment and remediation. It determines
					 acceptable concentration levels of petroleum constituents in order to protect
					 the public health, safety or welfare or the environment.
"Overfill"
means a release that occurs when a
					 petroleum storage tank is filled beyond its capacity, resulting in a discharge
					 of regulated substance to the environment.
"PEI"
means the Petroleum Equipment
					 Institute.
"POC"
means Point of Compliance.
"POE"
means Point of Exposure.
"PSI"
means pounds per square inch.
"PSTD"
means Petroleum Storage Tank Division
					 or Division.
"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.
"Petroleum"
means the substances as set forth
					 in 17 O.S. § 303(31). It does not include 100% biodiesel, compressed
					 natural gas, liquid natural gas, methanol, or propane.
"Pipe"
or
"Piping"
means a hollow
					 cylinder or tubular conduit constructed of non-earthen materials.
"Pipeline facilities"
means new and existing
					 pipe rights-of-way and any equipment, facilities, or buildings regulated under:
(A) The Natural Gas Pipeline Safety Act of 1968 ( 49 U.S.C.
					 § 1671, et seq.).
(B) The Hazardous Liquid Pipeline Safety Act of 1979 ( 49
					 U.S.C. § 2001, et seq.).
(C) The State Hazardous Liquid Transportation System Safety
					 Act, §
										47.1 et
					 seq. of Title 52 of the Oklahoma Statutes.
(D) Intrastate pipeline facilities regulated under state
					 laws.
"Point of Compliance"
means a select location
					 where the concentration of a chemical released must be at or below
					 back-calculated levels. The back-calculated levels are such that estimated
					 concentrations at the Point of Exposure are below health-based levels.
"Point of Exposure"
means a location at which
					 an individual or population may be exposed to site-specific Chemicals of
					 Concern through ingestion, inhalation and/or dermal contact.
"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 a
					 release from a petroleum storage tank system may have occurred.
"Potency Factor"
means the plausible
					 upper-bound estimate of the probability of a response (cancer) per unit intake
					 of chemical over a lifetime. Also referred to as Slope Factor.
"RBCA"
means Risk-Based Corrective
					 Action.
"RfD"
means Reference Dose.
"Reasonable Maximum Exposure"
or
"RME"
means the highest rate of exposure that has a small
					 probability five percent (5%) of being exceeded.
"Reference Dose"
or
"RfD"
means
					 the estimate of the daily intake of a chemical over a lifetime that is not
					 likely to result in any significant adverse health effects (including in
					 sensitive subpopulations).
"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 or system into the environment or into the interstitial
					 area between the petroleum storage tank system and its secondary barrier.
"Remediation"
means a process or technique
					 used to reduce concentration levels of chemicals of concern in the soil and
					 groundwater, and, or to reduce the presence of free product in the environment
					 to levels that are protective of human health, safety and the environment.
					 Generally remediation activities are scheduled after the site assessment is
					 complete and the Remedial Action Plan (RAP) has been approved.
"Repair"
means to restore a tank or petroleum
					 storage tank system component to PSTD standards that has caused a release of
					 regulated substances from the petroleum storage tank system.
"Reportable Quantity"
or
"RQ"
means the amount of a PSTD regulated substance release required to be reported
					 to appropriate federal, state, and/or local officials.
"Residual Product"
Petroleum hydrocarbons
					 (product) that are absorbed or otherwise bound to geological materials (sand,
					 silt, or clay) in any soil zone (vadose, capillary, or saturated zone), in such
					 a manner that ground water in contact with the residual product or beneath the
					 residual product is not contaminated with any petroleum constituent regulated
					 by the OCC.
"Risk-Based Corrective Action"
means all of
					 the activities necessary to manage a site such that concentrations of chemicals
					 from a release are at levels that are not detrimental to public health and the
					 environment. It includes, but is not limited to, collection of site-specific
					 data, analysis of the data to quantify the risk, comparison of the risk with
					 acceptable levels, and implementation of engineering and non-engineering
					 measures to ensure that concentrations of remaining Chemicals of Concern are
					 not detrimental to human health.
"STI"
means the Steel Tank Institute.
"Saturated zone"
means a subsurface zone below
					 which all pore space is filled with water.
"Site assessment"
means a multi-step process
					 designed to determine if a site has possibly been impacted by regulated
					 substance(s) above OCC action levels.
"Slope Factor"
means the plausible upper-bound
					 estimate of the probability of a response (cancer) per unit intake of chemical
					 over a lifetime. Also referred to as Potency Factor.
"Soil zone"
means and includes, but is not
					 limited to, vadose zone, capillary fringe, or saturated soil zone.
"Source of contamination"
means the location
					 of the highest concentration of chemical contaminants in soil and
					 groundwater.
"Source of release"
means the location where
					 regulated substances from a regulated tank system entered the
					 environment.
"Spill"
means a release that occurs during
					 transfer operations of PSTD regulated substances to or from a petroleum storage
					 tank system, resulting in a discharge of such substances into the
					 environment.
"Suspicion of Release"
or
"SOR"
means preliminary investigative work to determine if a release of a regulated
					 substance has occurred.
"TCLP"
means toxicity characteristic leaching
					 procedure, a test procedure for determining if a solid waste is hazardous
					 because it exhibits toxicity characteristics as enforced under Resource
					 Conservation and Recovery Act.
"TDS"
means Total Dissolved Solids.
"TPH"
means Total Petroleum
					 Hydrocarbon(s).
"Target Risk Level"
means the level set by the
					 Oklahoma Corporation Commission that must be achieved at each site prior to a
					 risk-based closure of the site. For example, for current receptors this level
					 has been set at one in a million (1E-06) and a Hazard Quotient of less than one
					 (1.0).
"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.
"UL"
means Underwriter's Laboratory.
"Unsaturated zone"
or
"vadose
					 zone"
means the subsurface zone containing water under pressure less
					 than that of the atmosphere, including water held by capillary forces within
					 the soil, and containing air or gases generally under atmospheric pressure.
					 This zone is limited by the ground surface and the upper surfaces of the water
					 table.
Added at 17 Ok Reg
					 2317, eff 6-26-00; Amended at 18 Ok Reg 1085, eff 5-11-01; Amended at 22 Ok Reg
					 1785, eff 7-1-05; Amended at 26 Ok Reg 1841, eff
					 7-1-09