Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part I - Program Administration › Section 9VAC25-91-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Aboveground storage tank" or "AST" means any one or
					 combination of tanks, including pipes, used to contain an accumulation of oil
					 at atmospheric pressure, and the volume of which, including the volume of the
					 pipes, is more than 90% above the surface of the ground. This term does not
					 include line pipe and breakout tanks of an interstate pipeline regulated under
					 the federal Accountable Pipeline Safety and Partnership Act of 1996
					 (49
					 USC §
											60101 et seq.).
"Board" means the State Water Control Board. When used
					 outside the context of the promulgation of regulations, including regulations
					 to establish general permits, "board" means the Department of Environmental
					 Quality.
"Containment and cleanup" means abatement, containment,
					 removal and disposal of oil and, to the extent possible, the restoration of the
					 environment to its existing state prior to an oil discharge.
"Corrosion professional" means a person who by reason of
					 thorough knowledge of the physical sciences and the principles of engineering
					 and mathematics acquired by a professional education and related practical
					 experience is qualified to engage in the practice of corrosion control on
					 buried or submerged metal piping systems and metal tanks. Such a person shall
					 be accredited or certified as being qualified by the National Association of
					 Corrosion Engineers or be a registered professional engineer who has
					 certification or licensing that includes education and experience in corrosion
					 control of buried or submerged metal piping systems and metal tanks.
"Department" means the Department of Environmental Quality
					 (DEQ).
"Discharge" means any spilling, leaking, pumping, pouring,
					 emitting, emptying, or dumping.
"Elevated tank" means an AST that is not in contact with
					 the ground and that is raised above the surface of the ground.
"Facility" means any development or installation within the
					 Commonwealth that deals in, stores or handles oil and includes a
					 pipeline.
"Flow-through process tank" means (as defined in 40 CFR
					 Part 280 ) a tank that forms an integral part of a production process through
					 which there is a steady, variable, recurring, or intermittent flow of materials
					 during the operation of the process. Flow-through process tanks do not include
					 tanks used for the storage of materials prior to their introduction into the
					 production process or for the storage of finished products or byproducts from
					 the production process.
"Local building official" means the person authorized by
					 the Commonwealth to enforce the provisions of the Uniform Statewide Building
					 Code (USBC).
"Local director or coordinator of emergency services" means
					 any person appointed pursuant to § 44-146.19 of the Code of
					 Virginia.
"Major repair" means alterations that refer to operations
					 that require cutting, additions, removal or replacement of the annular plate
					 ring, the shell-to-bottom weld or a sizable portion of the AST shell.
"Oil" means oil of any kind and in any form, including, but
					 not limited to, petroleum and petroleum byproducts, fuel oil, lubricating oils,
					 sludge, oil refuse, oil mixed with other wastes, crude oils, and all other
					 liquid hydrocarbons regardless of specific gravity.
"Operator" means any person who owns, operates, charters by
					 demise, rents, or otherwise exercises control over or responsibility for a
					 facility or a vehicle or a vessel.
"Person" means an individual; trust; firm; joint stock
					 company; corporation, including a government corporation; partnership;
					 association; any state or agency thereof; municipality; county; town;
					 commission; political subdivision of a state; any interstate body; consortium;
					 joint venture; commercial entity; the government of the United States or any
					 unit or agency thereof.
"Pipes" or "piping" means a pressure-tight cylinder used to
					 convey a fluid or to transmit a fluid pressure and is ordinarily designated
					 "pipe" in applicable material specifications. Materials designated "tube" or
					 "tubing" in the specifications are treated as pipe when intended for pressure
					 service. This term includes piping and associated piping which is utilized in
					 the operation of an AST, or emanating from or feeding ASTs or transfers oil
					 from or to an AST (e.g., dispensing systems, including airport hydrant fueling
					 systems, supply systems, gauging systems, auxiliary systems, etc.). This term
					 does not include line pipe and breakout tanks of an interstate pipeline
					 regulated under the federal Accountable Pipeline Safety and Partnership Act of
					 1996 (49 USC §
											60101
					 et seq.).
"Pipeline" means all new and existing pipe, rights of way,
					 and any equipment, facility, or building used in the transportation of oil,
					 including, but not limited to, line pipe, valves, and other appurtenances
					 connected to line pipe; pumping units; fabricated assemblies associated with
					 pumping units; metering and delivery stations and fabricated assemblies
					 therein; and breakout tanks.
"Release prevention barrier (RPB)" means a nonearthen
					 barrier that is impermeable; is composed of material compatible with oil stored
					 in the AST; meets proper engineering strength and elasticity standards; and
					 functions to prevent the discharge of stored oil to state lands, waters and
					 storm drains. It must contain and channel any leaked oil in a manner that
					 provides for early release detection through the required daily and weekly
					 inspections.
"State waters" means all water, on the surface and under
					 the ground, wholly or partially within or bordering the Commonwealth or within
					 its jurisdiction.
"Storage capacity" means the total capacity of an AST or a
					 container, whether filled in whole or in part with oil, a mixture of oil, or
					 mixtures of oil with nonhazardous substances, or empty. An AST that has been
					 permanently closed in accordance with this chapter has no storage
					 capacity.
"Tank" means a device designed to contain an accumulation
					 of oil and constructed of nonearthen materials, such as concrete, steel, or
					 plastic, that provides structural support. This term does not include
					 flow-through process tanks as defined in 40 CFR Part 280.
"Tank vessel" means any vessel used in the transportation
					 of oil as bulk cargo.
"Upgrade" means an alteration of the performance, design,
					 equipment or appurtenances of an AST or facility to meet a higher, new, or
					 current standard.
"Vaulted tank" means any tank situated upon or above the
					 surface of the floor in an underground area (such as an underground room,
					 basement, cellar, mine-working, drift, shaft, tunnel or vault) providing enough
					 space for physical inspection of the exterior of the tank.
"Vehicle" means any motor vehicle, rolling stock, or other
					 artificial contrivance for transport whether self-propelled or otherwise,
					 except vessels.
"Vessel" includes every description of watercraft or other
					 contrivance used as a means of transporting on water, whether self-propelled or
					 otherwise, and shall include barges and tugs.
Statutory Authority: §§ 62.1-44.15,
						62.1-44.34:15, 62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of
						Virginia.