Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0210 - Cleanup Rules for Leaking Petroleum UST Systems: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms not defined in this rule have the meanings set forth in
				ORS
				465.200 and
				466.706.
				Additional terms are defined as follows unless the context requires
				otherwise:
(1) "Above-Ground Release"
			 means any release to the land surface or to surface water. This includes, but
			 is not limited to, releases from the above ground portion of a petroleum UST
			 system and releases associated with overfills and transfer operations during
			 petroleum deliveries to or dispensing from a petroleum UST system.
(2) "Acceptable Risk Level" has the meanings
			 set forth in OAR 340-122-0115(1) through (6).
(3) "Ancillary Equipment" means any device,
			 including but not limited to, piping, fittings, flanges, valves and pumps used
			 to distribute, meter or control the flow of petroleum to and from a petroleum
			 UST system.
(4) "Aquatic Sediments"
			 means any collection of fine-, medium-, and coarse-grained minerals and organic
			 particles that are found within aquatic habitats.
(5) "Below-Ground Release" means any release
			 to the land subsurface having concentrations detected by the Northwest Total
			 Petroleum Hydrocarbon Identification Analytical Method (NWTPH-HCID, DEQ,
			 December 1996) or to groundwater having concentrations detected by any
			 appropriate analytical method specified in OAR 340-122-0218. This includes, but
			 is not limited to, releases from the below ground portion of a petroleum UST
			 system and releases to the land subsurface or groundwater associated with
			 overfills and transfer operations as the petroleum is delivered to or dispensed
			 from a petroleum UST system.
(6)
			 "Buildings" means any structure occupied by residents, workers or visitors,
			 including convenience stores for retailing of food. For purposes of these
			 rules, "buildings" does not include service station kiosks less than 45 square
			 feet in size if the kiosk is exclusively dedicated to services for motor
			 vehicles.
(7) "Certified Drinking
			 Water Protection Area" means an area that has been delineated by the Oregon
			 Health Division in accordance with OAR 333-061-0057  and certified by the
			 department in accordance with OAR 340-040-0180.
Note: To obtain information about certified drinking water
				protection areas, contact the Oregon Health Division's Drinking Water Program
				(503-731-4010).
(8)
			 "Confirmed Release" means petroleum contamination observed in soil or
			 groundwater as a sheen, stain or petroleum odor, or petroleum contamination
			 detected in soil by the Northwest Total Petroleum Hydrocarbon Identification
			 Analytical Method (NWTPH-HCID, DEQ, December 1996) or detected in groundwater
			 by any appropriate analytical method specified in OAR 340-122-0218.
(9) "Contaminant of Concern" means a
			 hazardous constituent contained in petroleum present at a concentration posing
			 a potentially unacceptable risk to public health, safety or welfare or the
			 environment.
(10) "Engineering
			 Control" means a remedial method used to prevent or minimize exposure to
			 petroleum and hazardous substances, including technologies that reduce the
			 mobility or migration of petroleum and hazardous substances. Engineering
			 controls may include, but are not limited to, capping, horizontal or vertical
			 barriers, hydraulic controls and alternative water supplies.
(11) "Excavation Zone" means an area
			 containing a petroleum UST system and backfill material bounded by the ground
			 surface, walls and floor of the pit and trenches into which the petroleum UST
			 system is placed at the time of installation.
(12) "Free Product" means nonaqueous phase
			 liquid petroleum.
(13) "Gasoline"
			 means any petroleum distillate used primarily for motor fuel of which more than
			 50 percent of its components have hydrocarbon numbers of C10 or less. For
			 purposes of OAR 340-122-0205  through 340-122-0360, the concentration of
			 gasoline in soil or groundwater is the level determined by the Northwest Total
			 Petroleum Hydrocarbon Method NWTPH-Gx.
(14) "Groundwater" means any water, except
			 capillary moisture, beneath the land surface or beneath the bed of any stream,
			 lake, reservoir, or other body of surface water within the boundaries of the
			 state, whatever may be the geological formation or structure in which such
			 water stands, flows, percolates or otherwise moves.
(15) "Hazardous Substance" has the meaning
			 set forth in OAR 340-122-0115(30).
(16) "Heating Oil" means petroleum that is
			 No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, or No. 6
			 technical grades of fuel oil; other residual fuel oils (including Navy Special
			 Fuel Oil and Bunker C); or other fuels when used as substitutes for one of
			 these fuel oils.
(17) "Heating Oil
			 Tank" means any one or combination of underground tanks and above ground or
			 underground pipes connected to the tank, which is used to contain heating oil
			 used for space heating a building with human habitation, or water heating not
			 used for commercial processing.
(18) "Institutional Control" means a remedial
			 method such as a legal or administrative tool or action used to reduce the
			 potential for exposure to petroleum and hazardous substances. Institutional
			 controls may include, but are not limited to, use restrictions and site access
			 and security measures.
(19) "Motor
			 Fuel" means petroleum or a petroleum-based substance that is motor gasoline,
			 aviation gasoline, No. 1 or 2 diesel fuel or any grade of gasohol, typically
			 used in the operation of a motor engine.
(20) "Native Soil" means the soil outside of
			 the immediate boundaries of the pit that was originally excavated for the
			 purpose of installing an underground storage tank.
(21) "Non Gasoline Fraction" means diesel and
			 any other petroleum distillate used for motor fuel or heating oil, of which
			 more than 50 percent of its components have hydrocarbon numbers of C11 or
			 greater. For purposes of OAR 340-122-0205  through 340-122-0360, the
			 concentration of non gasoline fraction in soil or groundwater is the level
			 determined by the Northwest Total Petroleum Hydrocarbon Method
			 NWTPH-Dx.
(22) "Petroleum" or "oil"
			 means gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge,
			 oil refuse and crude oil fractions and refined petroleum fractions, including
			 gasoline, kerosene, heating oils, diesel fuels and any other petroleum-related
			 product or waste or fraction thereof that is liquid at a temperature of 60
			 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.
			 "Petroleum" does not include any substance identified as a hazardous waste
			 under  40 CFR Part 261.
(23)
			 "Petroleum UST System" has the same meaning as given in OAR
			 340-150-0010(55).
(24)
			 "Remediation" or "Remedial Measures" include "remedial action" as defined in
			 ORS
			 465.200(22),
			 "removal" as defined in 465.200(24) and "corrective action" as defined in
			 466.706(3).
(25) "Remediation
			 Level" means a concentration of petroleum or petroleum constituents in
			 environmental media such as soil and groundwater that alone, or in combination
			 with institutional controls or engineering controls, is determined to be
			 protective of public health, safety and welfare and the environment in
			 accordance with this division.
(26)
			 "Residential Heating Oil Tank" means a heating oil tank used primarily for
			 single family dwelling purposes.
(27) "Responsible Person" includes "owner" as
			 defined in OAR 340-150-0010(51), "permittee" as defined in 340-150-0010(52),
			 "owner or operator" as defined in ORS
			 465.200(19)
			 and any other person liable for or voluntarily undertaking remediation under
			 465.200, et seq. or 466.706, et seq.
(28) "Risk-Based Concentration" means a
			 concentration of petroleum or petroleum constituents in environmental media
			 such as soil and groundwater that is determined to be protective of public
			 health, safety and welfare and the environment in accordance with these rules
			 without requiring institutional controls or engineering controls.
(29) "Soil" means any unconsolidated geologic
			 materials including, but not limited to, clay, loam, loess, silt, sand, gravel
			 and tills or any combination of these materials.
(30) "Surface Water" means lakes, bays,
			 ponds, impounding reservoirs, springs, wells, rivers, streams, creeks,
			 estuaries, wetlands, inlets, canals, the Pacific Ocean within the territorial
			 limits of the State of Oregon and all other bodies, natural or artificial,
			 inland or coastal, fresh or salt, public or private (except those private
			 waters which do not combine or effect a junction with natural surface waters),
			 which are wholly or partially within or bordering the state or within its
			 jurisdiction.
(31) "Suspected
			 Release" means those conditions described in OAR 340-150-0500.
(32) "Underground storage tank" or "UST"
			 means any one or combination of tanks (including connected underground pipes)
			 that contains or used to contain a regulated substance and the volume of which
			 (including the volume of connected underground pipes) is 10 percent or more
			 beneath the ground surface or otherwise covered by earthen materials.
NOTE: OAR 340-150-0500  requires owners and permittees of UST
				systems to report suspected releases to the department. Owners and permittees
				must refer to OAR 340, division 150 for complete information on requirements
				for underground storage tanks.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  465.400  & 466.746
Statutes/Other Implemented: ORS
				  465.200  - 465.455 & 466.706 - 466.83