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

1. (1) Abate--To reduce in sufficient degree or intensity the source of the release or impacted area, and potential fire, explosion, or vapor hazards such that immediate threats to human health no longer exist. This includes the removal of all regulated substances from the aboveground or underground tank, and the removal of phase-separated products released from the tank.
2. (2) Aboveground storage tank--A non-vehicular device with a capacity of more than 1,100 gallons, and all connecting piping both above and below ground, that is made of non-earthen 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.
3. (3) Action level--The concentration of constituents in the native soil or water at which corrective action will be required. Exceeding an action level warrants further assessment of the site, but does not mandate that site cleanup be required. Based upon the results of the site assessment, the need for site cleanup will then be determined and cleanup levels will be set. Action levels should not be used as cleanup levels; they are simply levels which signal the need for additional assessment.
4. (4) Adjacent landowner--A person who owns legal title to land which is within reasonably close proximity to property where a regulated UST or AST is located whether or not the land is contiguous to the property containing the tank.
5. (5) Application preparer--Any person responsible for preparing the application for reimbursement.
6. (6) Backfill--The volume of materials or soils surrounding the underground storage tank and bounded by the ground surface, walls, and floor of the tankpit.
7. (7) Commingled substance--A combination or mixture of a petroleum product and a non-petroleum product (excluding soil and/or water).
8. (8) Confirmed--In the context of a release, being confirmed by the executive director under this subchapter means that the executive director has determined that sufficient evidence exists to prove that a release of petroleum products has occurred from a petroleum storage tank subject to regulation under this chapter.
9. (9) Contract of subrogation--A document of agreement between the executive director and the eligible tank owner and operator which authorizes the executive director to recover costs reimbursed from persons who performed corrective action activities at LPST sites.
10. (10) Corrective action--Any assessment and remedial activities undertaken to investigate the extent of and remediate contamination. Unless otherwise approved by the executive director, written approval is required prior to implementation of any corrective action activity.
11. (11) Corrective action plan (remedial action plan)--A detailed plan developed to address site remediation of soil, groundwater, or surface water contamination that provides for adequate protection of human health and safety and the environment. The selection of the most effective and efficient remedial method will be dictated by the nature and location of the release, the site soils, hydrogeological conditions, and the required degree of remediation. The remedial method selection should take into consideration such factors as cost, time, and state compliance requirements with each method. The title of any report which contains a corrective action plan must include the designation "remedial action plan."
12. (12) Eligible operator--Any person in control of or having the responsibility for the daily operation of a petroleum storage tank who meets the eligibility requirements prescribed in §334.310 of this title (relating to Requirements for Eligibility).
13. (13) Eligible owner--Any person who meets the eligibility requirements prescribed in §334.310 of this title (relating to Requirements for Eligibility--Interim Period) and who currently holds legal possession or ownership of a total or partial interest in a petroleum storage tank. For the purposes of this subchapter, where the actual ownership of the petroleum storage tank is either uncertain, unknown, or in dispute, the fee simple owner of the surface estate where the petroleum storage tank is located shall be considered the petroleum storage tank owner, unless it can be shown by appropriate documentation (deed reservation, invoice, bill of sale, etc.) or by other legally acceptable means that the petroleum storage tank is owned by another. "Owner" does not include a person who holds an interest in a petroleum 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 petroleum storage tank. For purposes of this subchapter, if it can be demonstrated that a petroleum storage tank has been "out of operation" as that term is defined in §334.2 of this title (relating to Definitions) for a period of 10 years, the tank shall be considered property of the owner of the surface estate (71st Legislature, 1989, Chapter 228, effective May 31, 1989).
14. (14) Emergency--Any existing or potential fire, explosion, or vapor hazards which pose an imminent threat to human health and safety, or any imminent threat at the point of actual use to drinking water supplies actually being used.
15. (15) Emergency abatement--Taking actions necessary to protect against imminent danger to human health and safety by mitigating fire, explosion, and vapor hazards, by removing phase-separated product from structures, basements, sumps, etc., or performing other actions as deemed necessary by the executive director. Restoration of site to preexisting conditions, cost of relocating utility structures, site assessment, and remediation are not considered part of emergency abatement activities.
16. (16) House Bill 1214--House Bill 1214 (72nd Legislature, effective June 16, 1991).
17. (17) Hydraulic fluid--Any regulated substance that is normally used in a hydraulic lift system.
18. (18) Initial abatement measures--The mitigation of all existing or potential fire, explosion, or vapor hazards, including the removal of phase-separated product, to provide adequate protection of human health, safety, and the environment in emergency situations or other situations where emergency actions must be implemented to prevent further impacts to the environment. Restoration of site to preexisting conditions, cost of relocating utility structures, site assessment, and remediation are not considered part of initial abatement measures.
19. (19) Petroleum product--A product obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including 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.

20. (20) Petroleum storage tank--

    1. (A) Any one or combination of aboveground storage tanks and all connecting piping that contain petroleum products and that are regulated by the commission; or
    2. (B) Any one or combination of underground storage tanks and any connecting underground pipes that contain petroleum products and that are regulated by the commission.
21. (21) Phase-separated product--See Free-product as defined in §334.2 of this title (relating to Definitions).
22. (22) Prime contractor--Any natural person or firm, or any entity responsible for the contracting of any corrective action services.
23. (23) Prime corrective action specialist--A natural person or consulting firm, or any entity engaging in corrective action services, or acting as coordinator of others engaged in corrective action services.
24. (24) Spent oil--A regulated substance that is a lubricating oil or similar petroleum substance which has been refined from crude oil, used for its designed or intended purposes, and contaminated as a result of that use by physical or chemical impurities, including spent motor vehicle lubricating oils, transmission fluid, or brake fluid.
25. (25) Tank removal--The physical removal of an underground storage tank from the subsurface. Tank removals include removal and replacement of surface material, excavation and disposal of backfill material, tank removal and disposal, backfilling and compaction of excavation, and any other activities typically associated with the tank removal process.
26. (26) Vehicle service and fueling facility--A facility where motor vehicles are serviced or repaired and where petroleum products are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles.

Source Note:The provisions of this §334.322 adopted to be effective September 26, 1990, 15 TexReg 5209; amended to be effective March 4, 1992, 17 TexReg 1385; amended to be effective March 25, 1993, 18 TexReg 1687; amended to be effective June 7, 1993, 18 TexReg 3293; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective October 22, 1997, 22 TexReg 10324.