New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following is a list of terms and definitions which
						will be used in this Part:
(a)
					 'Aboveground piping' means piping that rests on or is above the surface of the
					 ground. Depending on the circumstances, aboveground piping may be part of an
					 aboveground tank system or an underground tank system. This term includes
					 piping located in an accessible area.
(b) 'Aboveground tank system' means any tank
					 system that is not an underground tank system.
(c) 'Accessible area' means an area - such as
					 a room, basement cellar, shaft or vault - that allows for the physical
					 inspection of the entire exterior of the tank.
(d) 'Ancillary equipment means fittings,
					 flanges, valves, pumps, and other devices that are used to distribute, meter,
					 or control the flow of hazardous substance to and from a tank. This term does
					 not include a dispenser system.
(e)
					 'Assembly line tanks' are tanks used in a manufacturing process. Examples of
					 such tanks include dispensing vats, weigh tanks or volumetric measuring
					 devices, metal cleaning dip tanks, electroplating tanks and cutting fluid
					 reservoirs.
(f) 'Best management
					 practice' plans, or BMP plans are plans designed to prevent or minimize the
					 release of hazardous substances into the environment. BMPs can include, but are
					 not limited to, spill reporting procedures, risk identification and assessment
					 employee training, inspections and records, preventive maintenance, good
					 housekeeping, materials compatibility, structural measures and
					 security.
(g) 'Carrier' means a
					 person who transports a hazardous substance to or from a tank system.
					 Transporting a hazardous substance does not include dispensing a hazardous
					 substance from a tank system.
(h)
					 'Category 1' means any tank system component (e.g., tank, piping, ancillary
					 equipment, fill port catch basins, containment sumps, secondary containment,
					 etc.) installed before August 11, 1994.
(i) 'Category 2' means any tank system
					 component (e.g., tank, piping, ancillary equipment, fill port catch basins,
					 containment sumps, secondary containment, etc.) installed on or after August
					 11, 1994.
(j) 'Cathodic protection'
					 means the prevention of electrolytic corrosion of a metallic structure by
					 causing it to act as the cathode rather than as the anode of an electrochemical
					 cell.
(k) 'Change-in-service' means
					 switching the material stored within a tank system from a hazardous substance
					 to a non-hazardous substance.
(l)
					 'Class A operator' means the individual who has primary responsibility to
					 operate and maintain the underground tank system at a facility in accordance
					 with applicable requirements of this Part. The class A operator typically
					 manages resources and personnel to achieve and maintain compliance with the
					 requirements of this Part.
(m)
					 'Class B operator' means the individual who has day-to-day responsibility for
					 implementing applicable requirements of this Part. The class B operator
					 typically implements field aspects of operation, maintenance, and associated
					 recordkeeping for the underground tank system.
(n) 'Class C operator' means the individual
					 who has primary responsibility for initially addressing emergencies presented
					 by a spill or release from an underground tank system.
(o) 'Compatible' means, in the case of two or
					 more substances, able to maintain their respective physical and chemical
					 properties upon contact with one another for the design life of the tank system
					 or container under conditions likely to be encountered in the tank system or
					 container.
(p) 'Container' means
					 any portable device in which a hazardous substance is stored, transported,
					 treated, disposed of, or otherwise handled.
(q) 'Corrective action plan' means a plan to
					 mitigate or remedy environmental damage attributable to a release.
(r) 'Department' means the New York State
					 Department of Environmental Conservation.
(s) 'Design capacity' means the amount of a
					 hazardous substance that a tank is designed to hold. If a certain portion of a
					 tank is unable to store a hazardous substance because of its integral design
					 (for example, electrical equipment or other interior components that take up
					 space), the design capacity of the tank is thereby reduced.
Actions taken to physically alter the design capacity of
						a tank (such as drilling a hole in the side of the tank so that it cannot hold
						a hazardous substance above that point) will not change the design capacity of
						the tank.
(t) 'Dielectric
					 material' means a material that does not conduct direct electrical current. For
					 example, dielectric coatings are used to electrically isolate tank systems from
					 the surrounding soils and dielectric bushings are used to electrically isolate
					 portions of the tank system (e.g., tank from piping).'
(u) 'Environment' means any water, water
					 vapor, land including land surface or subsurface, air, fish, wildlife, biota,
					 and all other natural resources.
(v) 'Facility' means a single property or
					 contiguous or adjacent properties used for a common purpose owned or operated
					 by the same person on or in which are located one or more tanks which are used
					 for the storage or containment of hazardous substances.
(w) 'Farm' means a tract of land devoted to
					 the production of crops or raising animals, including fish, and associated
					 residences and improvements. This term includes fish hatcheries, rangeland, and
					 nurseries with growing operations.
(x) 'Flammable' means a substance having a
					 flash point below 100°F (37.8°C) and having a vapor pressure not exceeding 40
					 pounds per square inch (absolute) (2,068 mm Hg) at 100° F (37.8°C).
(y) 'Flash point' means the temperature at
					 which a liquid or volatile solid gives off vapor sufficient to form an
					 ignitable mixture with air near the surface of the liquid or solid.
(z) 'Hazardous substance' has the same
					 meaning as that term is given in subdivision
					 597.1(b)  of
					 this Title.
(aa) ' In contact with
					 the ground means':
(1) for cathodic
					 protection, on, partially, or fully beneath the surface of the ground, or
					 covered by materials (which induce galvanic corrosion in tank system
					 components); or
(2) for
					 installation and leak detection, on, partially, or fully beneath the surface of
					 the ground, or covered by materials. This definition does not apply to tank
					 system components the exterior of which can be fully physically inspected, or
					 to secondarily contained piping that are located completely
					 aboveground.