Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 177 - RESIDENTIAL HEATING OIL UNDERGROUND STORAGE TANKS › Section 340-177-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division, the following definitions
				apply:
(1) "Above-Ground Release'
			 means any release to the land surface or to surface water from the above-ground
			 portion of a residential heating oil tank system and releases associated with
			 overfills and transfer operations during heating oil deliveries to or
			 dispensing from a residential heating oil tank system.
(2) "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 analytical results of 50 mg/kg or greater for Diesel/Lube
			 Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996), or any release
			 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 residential heating oil tank and
			 releases to the land subsurface or groundwater associated with overfills and
			 transfer operations as the heating oil is delivered to or dispensed from a
			 residential heating oil tank system.
(3) "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 analytical results of 50 mg/kg or greater for Diesel/Lube
			 Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996), or detected in
			 groundwater having concentrations detected by any appropriate analytical method
			 specified in OAR 340-122-0218.
(4)
			 "Corrective Action' has the same meaning as given in ORS
			 466.706.
(5) "Decommissioning' means to remove an
			 underground storage tank from operation by an approved method specified in OAR
			 340-177-0025, such as abandonment in place (e.g. cleaning and filling with an
			 inert material) or by removal from the ground.
(6) "Department' means the Oregon Department
			 of Environmental Quality.
(7)
			 "Excavation Zone' means an area containing a heating oil tank system and
			 backfill material bounded by the ground surface, walls, and floor of the pit
			 and trenches into which the heating oil tank system is placed at the time of
			 installation.
(8) "Free Product'
			 means petroleum in the non-aqueous phase (e.g., liquid not dissolved in
			 water).
(9) "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.
(10) "Heating Oil' means petroleum that is
			 No. 1, No. 2, 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.
(11) "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.
(12)
			 "Heating Oil Tank Services' means the decommissioning of a heating oil tank or
			 the performance of corrective action necessary as a result of a release of oil
			 from an underground heating oil tank.
(13) "Petroleum' 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.
(14) "Remediation' or "Remedial Measures'
			 means "Remedial Action' as defined in ORS
			 465.200(22)
			 and "Removal' as defined by ORS
			 465.200(24),
			 and is used synonymously with the term "cleanup' in this Division.
(15) "Responsible Person' means "owner or
			 operator' as defined in ORS
			 465.200(19)
			 and any other person liable for or voluntarily undertaking remediation under
			 465.200, and is used synonymously with the term "tank owner' in this
			 Division.
(16) "Service Provider'
			 is a firm licensed to offer and perform heating oil tank services on
			 underground heating oil tanks in Oregon.
(17) "Supervisor' means a licensed individual
			 who is charged with the responsibility for directing and overseeing the
			 performance of heating oil tank services at a tank site.
[NOTE: View a PDF of NW Total Petroleum Hydrocarbon
				Identification Metehod by clicking on "Tables" link below.]
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  465.200-420,
				  466.706 & 466.850-870
Statutes/Other Implemented: ORS
				  465.200,
				  465.400,
				  466.706,
				  466.855 &
				  466.870