1. (a) Except as provided in subsection (b) of this section, the words and terms used in this subchapter shall have the meanings prescribed in §334.2 of this title (relating to Definitions), unless the context clearly indicates otherwise.

2. (b) The following words and terms, as used in this subchapter only, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Aboveground storage tank (or AST)--A nonvehicular device (including any associated piping) that is made of nonearthen materials; located on or above the surface of the ground, or on or above the surface of the floor of a structure below ground, such as a mineworking, basement, or vault; and designed to contain an accumulation of petroleum products.
   2. (2) Appropriate district office--The commission's district field office which has jurisdiction for conducting authorized commission regulatory activities in the area where a particular aboveground storage tank is located.
   3. (3) Associated piping--All underground pipes or aboveground pipes (including related valves, elbows, joints, flanges, connectors, and other fittings) which are directly associated with an aboveground tank storing petroleum products, which are located at the aboveground storage tank facility, and through which petroleum products flow or in which petroleum products are contained or stored.
   4. (4) Bulk facility--A facility, including pipeline terminals, refinery terminals, rail and barge terminals, and associated underground and aboveground tanks, connected or separate, from which petroleum products are withdrawn from bulk and delivered into a cargo tank or barge used to transport those products.
   5. (5) Electric generating facility--A plant or facility where on-site equipment is used to generate electrical power on a continuous or regular basis. This term does not include emergency generators, as defined in §334.2 of this title (relating to Definitions).
   6. (6) Facility--The site, tract, or other defined area where one or more aboveground storage tanks are located, and which includes all adjoining contiguous land and associated improvements.
   7. (7) Facility owner--Any person who holds legal possession or ownership of a total or partial interest in an aboveground storage tank facility. (The "facility owner" and the "owner" associated with an aboveground storage tank may be the same person or may be different persons, depending on the specific arrangements at the facility.)
   8. (8) Nonearthen materials--Man-made materials designed to provide structural support and containment, such as concrete, steel, or plastic.
   9. (9) Nonvehicular device--A fixed, stationary, or moveable storage vessel which is not affixed or mounted to any self-propelled, towable, or pushable vehicle (e.g., wagon, truck, trailer, railcar, aircraft, boat, or barge).
   10. (10) Operator--Any person in control of, or having responsibility for, the daily operation of an aboveground storage tank.
   11. (11) Owner--Any person who holds legal possession or ownership of a total or partial interest in an aboveground storage tank. For the purposes of this subchapter, where the actual ownership of an aboveground storage tank is either uncertain, unknown, or in dispute, the fee simple owner of the surface estate where the tank is located shall be considered the tank 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 aboveground storage tank is owned by others. "Owner" does not include a person who holds an interest in an aboveground storage tank solely for financial security purposes unless, through foreclosure or other related actions, the holder of such security interest has taken legal possession of the tank.
   12. (12) Petroleum product--A petroleum substance obtained from distilling and processing crude oil that is liquid at standard conditions of temperature and pressure, and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including, but not necessarily limited to, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing.
   13. (13) Release--Any spilling including overfills, leaking, emitting, discharging, escaping, leaching, or disposing from an aboveground storage tank into groundwater or surface water, or into subsurface or other surrounding soils.
   14. (14) Retail service station--A facility where flammable liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles and where such dispensing is an act of retail sale.
   15. (15) Tank--An aboveground storage tank.

Source Note:The provisions of this §344.122 adopted to be effective June 25, 1990, 15 TexReg 3424.