HAR §11-280.1-12
HAR §11-280.1-12. Definitions
Length: 1,315 wordsOfficial source
Cite as Haw. Code R. § 11-280.1-12
When used in this
chapter, the following terms have the meanings given
below:
"Aboveground release" means any release to the
surface of the land or to surface water. This
includes, but is not limited to, releases from the
aboveground portion of an UST system and aboveground
releases associated with overfills and transfer
operations as the regulated substance moves to or from
an UST system.
"Airport hydrant fuel distribution system" (also
called "airport hydrant system") means an UST system
which fuels aircraft and operates under high pressure
with large diameter piping that typically terminates
into one or more hydrants (fill stands). The airport
hydrant system begins where fuel enters one or more
tanks from an external source such as a pipeline,
barge, rail car, or other motor fuel carrier.
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"Ancillary equipmentu means any devices
including, but not limited to, such devices as piping,
fittings, flanges, valves, and pumps used to
distribute, meter, or control the flow of regulated
substances to and from an UST.
"Belowground releaseu means any release to the
subsurface of the land and to groundwater. This
includes, but is not limited to, releases from the
belowground portions of an underground storage tank
system and belowground releases associated with
overfills and transfer operations as the regulated
substance moves to or from an underground storage
tank.
"Beneath the surface of the groundu means beneath
the ground surface or otherwise covered with earthen
materials.
"Cathodic protectionu is a technique to prevent
corrosion of a metal surface by making that surface
the cathode of an electrochemical cell. For example, a
tank system can be cathodically protected through the
application of either galvanic anodes or impressed
current.
"Cathodic protection tester" means a person who
can demonstrate an understanding of the principles and
measurements of all common types of cathodic
protection systems as applied to buried or submerged
metal piping and tank systems. At a minimum, such
persons must have education and experience in soil
resistivity, stray current, structure-to-soil
potential, and component electrical isolation
measurements of buried metal piping and tank systems.
"Class A operatoru means the individual who has
primary responsibility to operate and maintain the UST
system in accordance with applicable requirements
established by the department. The Class A operator
typically manages resources and personnel, such as
establishing work assignments, to achieve and maintain
compliance with regulatory requirements.
"Class B operator" means the individual who has
day-to-day responsibility for implementing applicable
regulatory requirements established by the department.
The Class B operator typically implements in-field
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aspects of operation, maintenance, and associated
recordkeeping for the UST system.
"Class C operator" means the individual
responsible for initially addressing emergencies
presented by a spill or release from an UST system.
The Class C operator typically controls or monitors
the dispensing or sale of regulated substances.
"Compatible" means the ability of two or more
substances to maintain their respective physical and
chemical properties upon contact with one another for
the design life of the tank system under conditions
likely to be encountered in the UST.
"Connected piping" means all underground piping
including valves, elbows, joints, flanges, and
flexible connectors attached to a tank system through
which regulated substances flow. For the purpose of
determining how much piping is connected to any
individual UST system, the piping that joins two UST
systems should be allocated equally between them.
"Consumptive use" with respect to heating oil
means consumed on the premises.
"Containment sump" means a liquid-tight container
that protects the environment by containing leaks and
spills of regulated substances from piping,
dispensers, pumps, and related components in the
containment area. Containment sumps may be single
walled or secondarily contained and located at the top
of tank (tank top or submersible turbine pump sump),
underneath the dispenser (under-dispenser containment
sump), or at other points in the piping run
(transition or intermediate sump).
"Corrosion expert" 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 must 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
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corrosion control of buried or submerged metal piping
systems and metal tanks.
"Department" means the state department of
health.
"Dielectric material" means a material that does
not conduct direct electrical current. Dielectric
coatings are used to electrically isolate UST systems
from the surrounding soils. Dielectric bushings are
used to electrically isolate portions of the UST
system (e.g., tank from piping).
"Director" means the director of the state
department of health.
"Dispenser" means equipment located aboveground
that dispenses regulated substances from the UST
system.
"Dispenser system" means the dispenser and the
equipment necessary to connect the dispenser to the
underground storage tank system. The equipment
necessary to connect the dispenser to the underground
storage tank system includes check valves, shear
valves, unburied risers or flexible connectors, or
other transitional components that are underneath the
dispenser and connect the dispenser to the underground
piping.
"Electrical equipment" means underground
equipment that contains dielectric fluid that is
necessary for the operation of equipment such as
transformers and buried electrical cable.
"EPA" means the United States Environmental
Protection Agency.
"Excavation zone" means the volume containing the
tank system and backfill material bounded by the
ground surface, walls, and floor of the pit and
trenches into which the UST system is placed at the
time of installation.
"Exposure assessment" means a determination
regarding the extent of exposure of, or potential for
exposure of, individuals to regulated substances from
a release from an UST or tank system.
An exposure
assessment shall be based on factors such as the
nature and extent of contamination, the existence of
or potential for pathways of human exposure (including
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ground or surface water contamination, air emissions,
dermal exposure, soil ingestion, and food chain
contamination), the size of the community or
communities within the likely pathways of exposure, an
analysis of expected human exposure levels with
respect to short-term and long-term health effects
associated with identified contaminants, and any
available recommended exposure or tolerance limits for
the contaminants.
"Farm tankn is a tank located on a tract of land
devoted to the production of crops or raising animals,
including fish, and associated residences and
improvements. A farm tank must be located on the farm
property. Farm includes fish hatcheries, rangeland,
and nurseries with growing operations.
"Field-constructed tankn means a tank constructed
in the field. For example, a tank constructed of
concrete that is poured in the field, or a steel or
fiberglass tank primarily fabricated in the field is
considered field-constructed.
"Flow-through process tankn is 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 by-products from the
production process.
"Free productn refers to a regulated substance
that is present as a non-aqueous phase liquid (e.g.,
liquid not dissolved in water).
"Gathering linesn means any pipeline, equipment,
facility, or building used in the transportation of
oil or gas during oil or gas production or gathering
operations.
"Hazardous substanceu means a hazardous substance
defined in section 101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act
of 1980, except any substance regulated as a hazardous
waste under chapter 342J, Hawaii Revised Statutes, or
the rules adopted thereunder, or Subtitle C of the
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