30 Tex. Admin. Code § 334.2 – Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Abandonment in-place--A method of permanent removal of an underground storage tank from service where the tank is left in the ground after appropriate preparation and filling with an acceptable solid inert material.
(2) Aboveground release--Any release to the surface of the land or to surface water, including, but not limited to, releases from the aboveground portion of an underground storage tank system and releases associated with overfills and transfer operations during the dispensing, delivering, or removal of regulated substances into or out of an underground storage tank system.
(3) Accidental release--Any sudden or nonsudden release of a petroleum substance from an underground storage tank that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator.
(4) ACT--The Association for Composite Tanks.
(5) Allowable cost--As defined by Subchapter H, §334.308 of this title (relating to Interim Reimbursement Program).
(6) Ancillary equipment--Any devices that are used to distribute, meter, or control the flow of petroleum substances or hazardous substances into or out of an underground storage tank, including, but not limited to, piping, fittings, flanges, valves, and pumps.
(7) ANSI--American National Standards Institute.
(8) API--American Petroleum Institute.
(9) Appropriate district office--The commission's district field office which has jurisdiction for conducting authorized commission regulatory activities in the area where a particular UST system is located.
(10) ASTM--American Society of Testing and Materials.
(11) Below-ground release--Any release to the subsurface of the land or to groundwater, including, but not limited to, releases from the below-ground portions of an underground storage tank system and releases associated with overfills and transfer operations during the dispensing, delivering, or removal of regulated substances into or out of an underground storage tank system.
(12) Beneath the surface of the ground--Beneath the ground surface or otherwise covered with materials so that visual inspection is precluded.
(13) Bodily injury--The meaning given to this term by applicable Texas law; however, this term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury.
(14) Bulk storage tank--An underground storage tank having a capacity of 20,000 gallons or more.
(15) Cathodic protection--A technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell, normally by means of either the attachment of galvanic anodes or the application of impressed current.
(16) CERCLA--The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.
(17) Change-in-service--A method of permanent removal from service involving the permanent conversion of a regulated underground storage tank to a tank which is not regulated under this chapter, where all regulated substances are properly removed by emptying and cleaning, and the tank is left in the ground for the storage of materials other than regulated substances.
(18) Closure letter--A letter issued by the commission to the owner or operator which states that based on the information available, the commission agrees that the owner or operator has completed the corrective action requirements for the referenced release in accordance with commission requirements.
(19) Commission--Texas Natural Resource Conservation Commission, or its predecessor or successor agencies, as applicable.
(20) Composite tank--A single-wall or double-wall steel tank, to which an external fiberglass-reinforced plastic laminate or cladding has been factory-applied.
(21) Consumptive use--(With respect to heating oil) the utilization and consumption of heating oil on the premises where stored.
(22) Controlling interest--Direct ownership of at least 50% of the voting stock of another entity.
(23) Corporate Fiduciary--An entity chartered by the Banking Department of Texas, the Savings and Loan Department of Texas, the United States comptroller of the currency, or the director of the United States Office of Thrift Supervision that acts as a receiver, conservator, guardian, executor, administrator, trustee, or fiduciary of real or personal property.
(24) Corrosion specialist--A person who, by reason of a 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, and who is either:
1. (A) certified as a corrosion specialist or a cathodic protection specialist by the National Association of Corrosion Engineers; or
2. (B) licensed as a professional engineer by the Texas State Board of Registration for Professional Engineers in a branch of engineering that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.
(25) Corrosion technician--A person who can demonstrate an understanding of the principles of soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements as related to corrosion protection and control on buried or submerged metal tanks and metal piping systems; who is qualified by appropriate training and experience to engage in the practice of inspection and testing for corrosion protection and control on such systems, including the inspection and testing of all common types of cathodic protection systems; and who either:
1. (A) has been certified by the National Association of Corrosion Engineers (NACE) as a corrosion technician, corrosion technologist, or senior corrosion technologist;
2. (B) is employed under the direct supervision of a corrosion specialist (as defined in this section), where the corrosion specialist maintains responsible control and oversight over all corrosion testing and inspection activities;
3. (C) has been officially qualified as a cathodic protection test or, in strict accordance with the assessment and examination procedures prescribed by NACE; or
4. (D) can otherwise demonstrate at least an equivalent level of proficiency, training, and experience as required for personnel meeting the requirements of subparagraphs (A), (B), or (C) of this definition.
(26) Cost-effective work--Work of a type which is both effective in achieving the desired remediation result, and which of alternative types of effective work, is the least costly.
(27) Date installation is complete--The date any regulated substance is initially placed in an underground storage tank or the date any petroleum product is initially placed in an aboveground storage tank.
(28) Dielectric material--A material that does not conduct direct electrical current, as related to coatings, bushings, and other equipment and materials used with underground storage tank systems.
(29) Electrical equipment--Underground equipment which contains dielectric fluid which is necessary for the operation of equipment such as transformers and buried electrical cable.
(30) Emergency generator--A standby electrical generating system powered by an internal combustion engine (including a turbine), where such system is designed to supply temporary electrical service only when service from the normal or primary electrical source is disrupted. Such systems shall include, but are not necessarily limited to, those providing emergency electrical service for hospitals, life support systems, and other medical service facilities; telephone and electrical utilities; heating, lighting, ventilation, security, elevator, fire control, and other essential building operations systems; uninterruptible power systems; essential air conditioning and refrigeration; and motors, machinery, and controls used for other essential or critical purposes.
(31) EPA--The federal Environmental Protection Agency.
(32) Excavation zone--The space containing the underground storage tank system and backfill material, which is bounded by the ground surface and the walls and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation.
(33) Executive director--The executive director of the commission.
(34) Existing UST system--An underground storage tank system which is used or designed to contain an accumulation of regulated substances for which installation either has commenced prior to December 22, 1988, or has been completed on or prior to December 22, 1988. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction at the site or installation of the tank system, and if either a continuous on-site physical construction or installation program has begun or the owner or operator has entered into contractual obligations (which cannot be cancelled or modified without substantial loss) which require that the physical construction at the site or installation of the tank system is to be completed within a reasonable time.
(35) External release detection--A method of release detection which includes equipment or procedures designed to effectively monitor or measure for the presence of regulated substances in the excavation zone, soil, or other media outside of a single-wall or double-wall underground storage tank system.
(36) Facility--The site, tract, or other defined area where one or more underground storage tank systems are located, and which includes all adjoining contiguous land and associated improvements.
(37) Facility owner--Any person who currently holds legal possession or ownership of a total or partial interest in an underground storage tank facility. The facility owner and the owner associated with an underground storage tank system may be the same person or may be different persons, depending on the specific arrangements at the facility.
(38) Farm--A tract or tracts of land (including all associated structures and improvements) which are principally devoted to the raising of agricultural or other types of crops, domestic or other types of animals, or fish for the production of food, fiber, or other products, or for other useful purposes, including fish hatcheries, rangeland, and plant nurseries with growing operations, but not including timber-growing land and operations dedicated primarily to recreational, aesthetic, or other non-agricultural activities (e.g., golf courses and parks).
(39) Farm tanks--A tank located on a farm where the stored regulated substance is or will be utilized directly in the farm activities.
(40) Field-constructed tank--A tank which is principally constructed, fabricated, or assembled at the facility where the tank is to be placed into service.
(41) Financial reporting year--The latest consecutive 12-month period for which any of the following reports used to support a financial test is prepared:
1. (A) a 10-K report submitted to the federal Securities and Exchange Commission;
2. (B) an annual report of tangible net worth submitted to Dun and Bradstreet; or
3. (C) annual reports submitted to the Energy Information Administration or the Rural Electrification Administration. Thus, this term may comprise a fiscal or a calendar year period.
(42) Flow-through process tank--A tank through which regulated substances flow in a steady, variable, recurring, or intermittent manner during, and as an integral part of, a production process (such as petroleum refining, chemical production, and industrial manufacturing), but specifically not including any tank used for the static storage of regulated substances prior to their introduction into the production process and any tank used for the static storage of regulated substances which are products or by-products of the production process.
(43) Free-product--A regulated substance in its free-flowing non-aqueous liquid phase at standard conditions of temperature and pressure (e.g., liquid not dissolved in water).
(44) Gathering lines--Any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.
(45) Hazardous substance--Any substance defined or listed in the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), §101(14), (42 United States Code §9601, et seq.), and which is not regulated as a hazardous waste under the federal Solid Waste Disposal Act, Subtitle C, (42 United States Code §6921, et seq.).
(46) Hazardous substance UST system--An underground storage tank system that contains an accumulation of either a hazardous substance, a mixture of two or more hazardous substances, or a mixture of one or more petroleum substances with one or more hazardous substances, and which does not meet the definition of a petroleum UST system in this section.
(47) Heating oil--A petroleum substance which is typically used in the operation of heating, boiler, or furnace equipment and which either is one of the following seven technical grades of fuel oil: Number 1, Number 2, Number 4-light, Number 4-heavy, Number 5-light, Number 5-heavy, and Number 6; is a residual fuel oil derivative of the refining process (such as Navy Special and Bunker C residual fuel oils); or is another fuel (such as kerosene or diesel) used for heating purposes as a substitute for one of the above fuel oils or residual fuel oil derivatives.
(48) Hydraulic lift tank--A tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air and hydraulic fluid to operate lifts, elevators, and other similar devices.
(49) Impressed current system--A method of cathodic protection where a rectifier is used to convert alternating current to direct current, where the current then flows in a controlled electrically connected circuit to non-sacrificial anodes, then through the surrounding soil or backfill to the protected metallic structure or component, and back to the rectifier.
(50) In operation--The description of an in-service underground storage tank which is currently being used on a regular basis for its intended purpose.
(51) In service--The status of an underground storage tank beginning at the time that regulated substances are first placed into the tank and continuing until the tank is permanently removed from service by means of either removal from the ground, abandonment in-place, or change-in-service. An in-service UST may or may not contain regulated substances, and may be either in operation or out of operation at any specific time.
(52) Installer--A person who participates in or supervises the installation, repair, or removal of underground storage tanks.
(53) Inventory control--Techniques used to identify a loss of product that are based on volumetric measurements in the tank and reconciliation of those measurements with product delivery and withdrawal records.
(54) Legal defense cost--Any expense that an owner or operator or provider of financial assurance incurs in defending against claims or actions brought:
1. (A) by EPA or the state to require corrective action or to recover the costs of corrective action;
2. (B) by or on behalf of a third party for bodily injury or property damage caused by an accidental release; or
3. (C) by any person to enforce the terms of a financial assurance mechanism.
(55) Lender--A state or national bank; a savings bank; a state or federal savings and loan association; a state or federal government agency that customarily provides financing; or an entity that is registered with the Office of Consumer Credit Commissioner pursuant to Chapter 7, Title 79, Revised Statutes (Texas Civil Statutes, Articles 5069-7.01, et seq.) if the entity is regularly engaged in the business of extending credit and if extending credit represents the majority of the entity's total business activity.
(56) Liquid trap--A collection device (such as a sump, well cellar, and other trap) which is used in association with oil and gas production, gathering, and extraction operations (including gas production plants) for the purpose of collecting oil, water, and other liquids, and which either may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.
(57) Maintenance--The normal and routine operational upkeep of underground storage tank systems necessary for the prevention of releases of stored regulated substances.
(58) Monitoring well--An artificial excavation constructed to measure or monitor the quantity or movement of substances, elements, chemicals, or fluids below the surface of the ground. The term shall not include any monitoring well which is used in conjunction with the production of oil, gas, or any other minerals.
(59) Motor fuel--A petroleum substance which is typically used for the operation of internal combustion engines (including stationary engines and engines used in transportation vehicles and marine vessels), and which is one of the following types of fuels: leaded or unleaded gasoline, aviation gasoline, Number 1 diesel fuel, Number 2 diesel fuel, and any grades of gasohol.
(60) NACE--National Association of Corrosion Engineers.
(61) Necessary cost--Cost of necessary work.
(62) Necessary work/technically necessary work--Work which is required and approved by the commission to assess or remediate a leaking petroleum storage tank site.
(63) New UST system--An underground storage tank system which is used or designed to contain an accumulation of regulated substances for which installation has commenced after December 22, 1988; or an underground storage system which is converted from the storage of materials other than regulated substances to the storage of regulated substances after December 22, 1988.
(64) NFPA--National Fire Protection Association.
(65) Noncommercial purposes--(With respect to motor fuel) all purposes except resale.
(66) Noncorrodible material--A material used in the construction, maintenance, or upgrading of any component of an underground storage tank system which is designed to retain its physical and chemical properties without significant deterioration or failure for the operational life of the UST system when placed in contact with (and subjected to the resulting electrical and chemical forces associated with) any surrounding soil, backfill, or groundwater, any connected components constructed of dissimilar material, or the stored regulated substance.
(67) Observation well--A monitoring well or other vertical tubular structure which is constructed, installed, or placed within any portion of a UST excavation zone (including the tank hole and piping trench), and which is designed or used for the observation or monitoring of groundwater, or for the observation, monitoring, recovery, or withdrawal of either released regulated substances (in liquid or vapor phase) or groundwater contaminated by such released regulated substances.
(68) Occurrence--An accident, including continuous or repeated exposure to conditions, which results in a release from an underground storage tank. This definition is intended to assist in the understanding of the financial responsibility regulations in Subchapter E of this chapter (relating to Financial Responsibility), and is not intended either to limit the meaning of occurrence in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of occurrence.
(69) On the premises where stored--(With respect to heating oil) refers to the consumptive use of heating oil on the same property or site where the heating oil is stored.
(70) Operational life--The actual or anticipated service life of an underground storage tank system, which begins when regulated substances are first placed into the tank system and which continues until the tank system is permanently removed from service by means of either removal from the ground, abandonment in-place, or change-in-service.
(71) Operator--Any person in control of, or having responsibility for, the daily operation of an underground storage tank system.
(72) Out of operation--The description of an in-service underground storage tank which is not currently being used on a regular basis for its intended purpose.
(73) Overfill--A release that occurs when an underground storage tank system is filled beyond its capacity, thereby resulting in a discharge of a regulated substance to the surface or subsurface environment.
(74) Owner--Any person who currently holds legal possession or ownership of a total or partial interest in the underground storage tank system. For the purposes of this chapter, where the actual ownership of an UST system is either uncertain, unknown, or in dispute, the fee simple owner of the surface estate where the UST is located shall be considered the UST system owner, unless the owner of the surface estate can demonstrate by appropriate documentation (deed reservation, invoice, bill of sale, etc.) or by other legally acceptable means that the UST system is owned by others. Owner does not include a person who holds an interest in an UST system solely for financial security purposes unless, through foreclosure or other related actions, the holder of such security interest has taken legal possession of the UST system.
(75) PEI--Petroleum Equipment Institute.
(76) Permanent removal from service--The termination of the use and the operational life of an underground storage tank by means of either removal from the ground, abandonment in-place, or change-in-service.
(77) Person--An individual, trust, firm, joint-stock company, corporation, government corporation, partnership, association, state, municipality, commission, political subdivision of a state, an interstate body, a consortium, joint venture, commercial entity, or the United States government.
(78) Petroleum marketing facilities--All facilities at which a petroleum substance is produced or refined and all facilities from which a petroleum substance is sold or transferred to other petroleum substance marketers or to the public.
(79) Petroleum marketing firms--All firms owning petroleum marketing facilities. Firms owning other types of facilities with USTs as well as petroleum marketing facilities are considered to be petroleum marketing firms.
(80) Petroleum substance--A crude oil or any refined or unrefined fraction or derivative of crude oil which is liquid at standard conditions of temperature and pressure. For the purposes of this chapter, a petroleum substance shall be limited to one or a combination of the substances or mixtures in the following list except for any listed substance regulated as a hazardous waste under the federal Solid Waste Disposal Act, Subtitle C, (42 United States Code §6921, et seq.):
1. (A) basic petroleum substances--crude oils, crude oil fractions, petroleum feedstocks, and petroleum fractions;
2. (B) motor fuels--(see definition for "motor fuel" in this section);
3. (C) aviation gasolines--Grade 80, Grade 100, and Grade 100-LL;
4. (D) aviation jet fuels--Jet A, Jet A-1, Jet B, JP-4, JP-5, and JP-8;
5. (E) distillate fuel oils--Number 1-D, Number 1, Number 2-D, and Number 2;
6. (F) residual fuel oils--Number 4-D, Number 4-light, Number 4, Number 5-light, Number 5-heavy, and Number 6;
7. (G) gas-turbine fuel oils--Grade O-GT, Grade 1-GT, Grade 2-GT, Grade 3-GT, and Grade 4-GT;
8. (H) illuminating oils--kerosene, mineral seal oil, long-time burning oils, 300 oil, and mineral colza oil;
9. (I) solvents--Stoddard solvent, petroleum spirits, mineral spirits, petroleum ether, varnish makers' and painters' naphthas, petroleum extender oils, and commercial hexane;
10. (J) lubricants--automotive and industrial lubricants;
11. (K) building materials--liquid asphalt and dust-laying oils;
12. (L) insulating and waterproofing materials--transformer oils and cable oils;
13. (M) used oils--(see definition for "used oil" in this section);
14. (N) any other petroleum-based material having physical and chemical properties similar to the previously listed materials and receiving approval by the executive director for designation as a petroleum substance.
(81) Petroleum UST system--An underground storage tank system that contains, has contained, or will contain a petroleum substance (as defined in this section), a mixture of two or more petroleum substances, or a mixture of one or more petroleum substances with very small amounts of one or more hazardous substances. In order for a UST system containing a mixture of petroleum substances with small amounts of hazardous substances to be classified as a petroleum UST system, the hazardous substance shall be at such a dilute concentration that the overall release detectability, effectiveness of corrective action, and toxicity of the basic petroleum substance is not altered to any significant degree.
(82) Pipeline facilities (including gathering lines)--New and existing pipeline rights-of-way, including any equipment, facilities, or buildings therein which are used in the transportation or associated treatment (during transportation) of gas or hazardous liquids (which include petroleum and other liquids as designated by the secretary of the United States Department of Transportation), and which are regulated under the federal Natural Gas Pipeline Safety Act of 1968 (49 United States Code App. 1671, et seq.); the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 United States Code App. 2001, et seq.); or (for intrastate pipeline facilities) the Texas Natural Resources Code, Chapters 111 or 117, or Texas Civil Statutes, Articles 6053-1 and 6053-2.
(83) Piping--All underground pipes including valves, elbows, joints, flanges, flexible connectors, and other fittings attached to a tank system through which regulated substances flow or in which regulated substances are contained or stored.
(84) Piping trench--The portion of the excavation zone at an underground storage tank facility which contains the piping system and associated backfill materials.
(85) Pressurized piping--Product or delivery piping in an underground storage tank system which typically operates at greater than atmospheric pressure.
(86) Professional engineer--An individual who is registered and duly licensed by the Texas State Board of Registration for Professional Engineers to engage in the practice of engineering in the State of Texas.
(87) Property damage--The meaning given this term by applicable Texas law. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded form coverage in liability insurance policies for property damage. However, such exclusions for property damage shall not include corrective action associated with releases from tanks which are covered by the policy.
(88) Provider of financial assurance--An entity that provides financial assurance to an owner or operator of an underground storage tank through one of the mechanisms listed in Subchapter E of this chapter (relating to Financial Responsibility).
(89) Qualified personnel--Persons who possess the appropriate competence, skills, and ability (as demonstrated by sufficient education, training, experience, and/or, when applicable, any required certification or licensing) to perform a specific activity in a timely and complete manner consistent with the applicable regulatory requirements and generally accepted industry standards for such activity.
(90) Radioactive materials--Radioactive substances or radioactive waste materials (e.g., high-level radioactive wastes and low-level radioactive cooling waters) which are classified as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), §101(14), 42 United States Code §9601, et seq., except for radioactive materials regulated as a hazardous waste under the federal Solid Waste Disposal Act, Subtitle C, 42 United States Code §6921, et seq.
(91) Reasonable cost--That amount or range which is commensurate with the level of corrective action necessary to assess and remediate a site, as determined by the executive director, based on an evaluation of technical effectiveness and cost effectiveness as well as typical costs expected for that particular corrective action under review, with respect to the necessary or required scope and complexity of the action. (As defined by 31 (later 30) TAC §334.309(a) (Allowable Costs and Restrictions on Allowable Costs--Interim Period) until that section was repealed and replaced on June 7, 1993, by the adoption of Subchapter M of chapter (relating to Reimbursable Cost Guidelines).
(92) Regulated substance--An element, compound, mixture, solution, or substance that, when released into the environment, may present substantial danger to the public health, welfare, or the environment. For the purposes of this chapter, a regulated substance shall be limited to any hazardous substance (as defined in this section), any petroleum substance (as defined in this section), any mixture of two or more hazardous substances and/or petroleum substances, and any other substance designated by the commission to be regulated under the provisions of this chapter.
(93) Reimbursable cost--As defined by Subchapter M, §334.560 of this title (relating to Reimbursable Cost Guidelines).
(94) Release--Any spilling including overfills, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into groundwater, surface water, or subsurface soils.
(95) Release detection--The process of determining whether a release of a regulated substance has occurred from an underground storage tank system.
(96) Repair--The restoration, renovation, or mending of a damaged or malfunctioning tank or UST system component.
(97) Residential tank--A tank located on property used primarily for dwelling purposes.
(98) Risk-based corrective action--Site assessment or site remediation, the timing, type, and degree of which is determined according to case-by-case consideration of actual or potential risk to public health from environmental exposure to a regulated substance released from a leaking underground or aboveground storage tank.
(99) SARA--Superfund Amendments and Reauthorization Act of 1986.
(100) Secondary containment--A containment method by which a secondary wall or barrier is installed around the primary storage vessel (e.g., tank or piping) in a manner designed to prevent a release from migrating beyond the secondary wall or barrier before the release can be detected. Secondary containment systems include, but are not limited to, impervious liners or vaults surrounding a primary (single-wall) tank and/or piping system, and double-wall tank and/or piping systems.
(101) Septic tank--A water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer.
(102) Spill--A release of a regulated substance which results during the filling, placement, or transfer of regulated substances into a UST or during the transfer or removal of regulated substances from a UST system.
(103) Standard conditions of temperature and pressure--A temperature of 60 degrees Fahrenheit and an atmospheric pressure of 14.7 pounds per square inch absolute.
(104) STI--Steel Tank Institute.
(105) Stormwater collection system--The piping, pumps, conduits, and any other equipment necessary to collect and transport surface water runoff resulting from precipitation to and from retention areas and into natural or man-made drainage channels.
(106) Substantial business relationship--The extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued incident to that relationship if it arises from and depends on existing economic transactions between the guarantor and the owner or operator.
(107) Suction piping--Product or delivery piping in an underground storage tank system which typically operates below atmospheric pressure.
(108) Sump--Any man-made pit or reservoir that meets the definition of a tank (including any connected troughs or trenches) that serves to temporarily collect regulated substances.
(109) Surface impoundment--A natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (but possibly lined with man-made materials) that is designed to hold an accumulation of regulated substances.
(110) Tangible net worth--The tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, assets means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.
(111) Tank--A stationary device (generally exclusive of any associated ancillary equipment) designed or used to contain an accumulation of regulated substances which is constructed of a non-earthen material (e.g., concrete, steel, or plastic) that provides structural support.
(112) Tank hole--The portion of the excavation zone at an underground storage tank facility which contains the tanks and associated backfill materials.
(113) Tank system--An underground storage tank system.
(114) Temporary removal from service--The procedure by which a UST system may be temporarily kept out of operation without being required to be permanently removed from service.
(115) Tightness test (or tightness testing)--A procedure for testing and analyzing the ability of a tank or piping system to contain the stored substance, to prevent any inadvertent release of a stored substance into the environment, and to prevent the intrusion of groundwater into a tank or piping system.
(116) TNRCC--Texas Natural Resource Conservation Commission, or "commission" as referenced in this chapter.
(117) TWC--Texas Water Commission, abolished after August 31, 1993, and now refers to the Texas Natural Resource Conservation Commission (TNRCC).
(118) UL--Underwriters Laboratories, Inc.
(119) Underground area--An underground room, basement, cellar, shaft, or vault, which provides enough space for physical inspection of the exterior of a tank or tank system situated on or above the surface of the floor.
(120) Underground storage tank--Any one or combination of underground tanks and any connecting underground pipes used to contain an accumulation of regulated substances, the volume of which, including the volume of the connecting underground pipes, is 10% or more beneath the surface of the ground.
(121) Underground storage tank system--An underground storage tank, all associated piping and ancillary equipment, spill and overfill prevention equipment, release detection equipment, corrosion protecting system, secondary containment equipment (as applicable), and all other related systems and equipment.
(122) Unsaturated zone--The subsurface zone containing water under pressure less than that of the atmosphere (including water held by capillary forces within the soil) and containing air or gases generally under atmospheric pressure. This zone is bounded at the top by the ground surface and at the bottom by the upper surface of the zone of saturation (i.e., the water table).
(123) Upgrading--The addition, improvement, retrofitting, or renovation of an existing UST system with equipment or components as required to meet the corrosion protection, spill and overfill prevention, and release detection requirements of this chapter.
(124) Used oil--Any oil or similar petroleum substance that has been refined from crude oil, used for its designed or intended purposes, and contaminated as a result of such use by physical or chemical impurities; and including spent motor vehicle and aircraft lubricating oils (e.g., car and truck engine oil, transmission fluid, and brake fluid), spent industrial oils (e.g., compressor, turbine, bearing, hydraulic, metalworking, gear, electrical, and refrigerator oils), and spent industrial process oils.
(125) UST--An underground storage tank (as defined in this section).
(126) UST system--An underground storage tank system (as defined in this section).
(127) Vent lines--All pipes including valves, elbows, joints, flanges, flexible connectors, and other fittings attached to a tank system, which are intended to convey the vapors emitted from a regulated substance stored in an underground storage tank to the atmosphere.
(128) Wastewater collection system--The piping, pumps, conduits, and any other equipment necessary to collect and transport domestic, commercial, or industrial wastewater to and from any facilities or areas where treatment of such wastewater is designated to occur.
(129) Wastewater treatment tank--A tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

Source Note:The provisions of this §334.2 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective June 25, 1990, 15 TexReg 3424; amended to be effective August 15, 1994, 19 TexReg 5843; amended to be effective November 8, 1995, 20 TexReg 8800.