The following definitions, in addition to the definitions in Subpart 1 of this part, apply to this subpart:

1. (1) “Closing” or “closure” means the process of removing and disposing of or closing in place an underground storage tank system;
2. (2) “Contractor” means any person who contracts to install, repair, upgrade, or close an underground storage tank system for a third party;

3. (3)

   1. (A) “Critical junctures”, in the case of an installation, means the steps in the installation of an underground storage tank system that are important to the prevention of releases and shall, at a minimum, include all of the following:

      1. (i) Preparation of the excavation immediately prior to receiving backfill and the tank;
      2. (ii) Setting of the tank and the piping, including placement of any strapping or other anchoring devices and backfilling to the level of the tank;
      3. (iii) Any time during the installation in which components of the piping are connected;
      4. (iv) Any time during the installation of corrosion protection measures;
      5. (v) All pressure testing of the underground storage tank system, including associated piping, performed during the installation; and
      6. (vi) Placement of backfill and filling of the excavation.

   2. (B) “Critical junctures”, in the case of the repair or upgrade of an underground storage tank system, means the steps in the project that are comparable to the steps listed in subdivision (3)(A) of this section in terms of their importance in the prevention of leaks and shall, at a minimum, include all of the following:

      1. (i) The excavation of the existing tank or piping;
      2. (ii) The actual performance of the repairs or upgrades to the tank or the piping;
      3. (iii) Any time during the project in which components of the piping are connected; and
      4. (iv) Any time during the project in which the tank system or its associated piping is tested.

   3. (C) “Critical junctures”, in the case of a closure, means the steps in the removal or in-place closure of an underground storage tank system that are important to the safe removal or closure in place, including the detection of current or previous leakage, and shall, at a minimum, include all of the following:

      1. (i) The purging or inerting of vapors;
      2. (ii) The removal and disposal of underground storage tank contents;
      3. (iii) The excavation of the existing underground storage tank system;
      4. (iv) The actual performance of the tests or monitoring to determine if previous or current leakage is present;
      5. (v) The actual removal of the existing underground storage tank and piping; and
      6. (vi) The assessment of the site to ascertain if a current or previous release has resulted in contamination of the environment;
4. (4) “Install” or “installation” means the work involved in placing an underground storage tank system or any part thereof in the ground and preparing it to be placed in service;
5. (5) “Repair” means the correction or modification of an underground storage tank system, including but not limited to the replacement of piping, valves, fill pipes, or vents, and any repairs to the tank; and
6. (6) “Upgrade” means the addition or retrofit of systems such as cathodic protection, lining, spill and overfill controls, or leak detection devices to improve the ability of an underground storage tank system to prevent the release of product to the environment.