18 AAC 78.995 - Definitions
Unless the context indicates otherwise, in this chapter or in AS 46.03.365 - AS 46.03.450
(1) "aboveground release" means a release to
the surface of the land or to surface water, including a release from the
aboveground portion of a UST, and an aboveground release associated with
overfills or transfer operations as the petroleum moves to or from a
UST;
(2) "accuracy" means the
degree of agreement between an analytical result and the true value;
(3) "airport hydrant fuel distribution
system" or "airport hydrant system" means a UST that fuels aircraft and
operates under high pressure with large diameter piping that typically
terminates into one or more hydrants or 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
(4) "alkane range" means a group of saturated
open-chain hydrocarbons that have the general formula CnH2n+2;
(5) "analytical method" means a set of
written instructions that define procedures to be followed by an analyst to
obtain the required result;
(6)
"ancillary equipment" has the meaning given that term in the definition for
"underground petroleum storage tank system" in
AS
46.03.450;
(7) "applicant" means a person who has
applied for certification, approval, or assistance under this
chapter;
(8) "approval" means
written approval by the department;
(9) "approved" means approved in writing by
the department;
(10) repealed
9/27/2018;
(11) "before beginning
work" means before a change, upgrade, addition, or removal of any part of a
UST, including associated equipment and material surrounding the UST, or before
a change-in-service;
(12)
"belowground release" means a release of petroleum to the subsurface of the
land or to groundwater, including a release from the belowground portion of a
UST, and a belowground release associated with an overfill or transfer
operation as the petroleum moves to or from a UST;
(13) "beneath the surface of the ground," as
that term is used in the definition of "underground storage tank" in
AS
46.03.450, means overspread with earthen
materials;
(14) "bioremediation"
means a remediation method that decreases the concentration of a contaminant in
soil through biological action;
(15) deleted;
(16) "BTEX" means benzene, toluene,
ethylbenzene, and total xylenes;
(17) "carcinogen" means
(A) a substance that is expected to cause
cancer in nonhuman life; or
(18)
"carcinogenic" means of or relating to a carcinogen;
(19) "cathodic protection" means 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;
(20) "certification" means
a certification of competency issued by the division under this chapter
indicating that a person has met the requirements for a specified category of
UST work;
(21) "certified" means
having been issued a certification;
(22) "certified tank worker" or "certified
worker" means a person who has been issued certification for a specific
category of UST work by the division;
(23) "change in configuration" means a
change, upgrade, addition, or removal of a part of a UST and ancillary
equipment;
(24) "change-in-service"
means a change in the use of a UST
(A) from
containing petroleum to containing a substance other than petroleum;
or
(B) to a use that removes the
tank from the definition of "underground storage tank" at
AS
46.03.450;
(25) "chemical" has the meaning given in
AS
46.03.450;
(26) "cleanup level" means the concentration
of a contaminant that may be present within a specified medium and under
specified exposure conditions without posing a threat to human health or
safety, or to the environment;
(27)
"close" has the meaning given in
AS
46.03.375(g)(1);
(28) "closure" means to remove all petroleum
and sludges from each UST in the UST system and either fill each UST with inert
solid material or remove, dismantle, and dispose of each UST;
(29) "compatible," as used to describe two or
more substances, means able to maintain 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;
(30) "connected underground piping" means the
underground piping, including valves, elbows, joints, flanges, and flexible
connectors attached to a tank system through which petroleum flows; to
determine how much piping is connected to a UST, the piping that joins two USTs
is allocated equally between them;
(31) repealed 9/27/2018;
(32) deleted;
(33) "contaminant" means a hazardous
substance;
(34) "contaminated
groundwater" means groundwater with concentrations of contaminants that exceed
the applicable groundwater levels referenced in
18 AAC 78.600 and
18 AAC 78.620;
(35) "contaminated soil" means soil with
concentrations of contaminants that exceed the applicable soil cleanup levels
referenced in
18 AAC 78.600 -
18 AAC 78.610;
(36) "contaminated surface water" means
surface water with concentrations of contaminants that exceed the applicable
water quality standards in 18 AAC 70;
(37) "corrective action" has the meaning
given in AS 46.03.450;
(38) "corrective action plan" means a plan
that describes the procedures proposed by the owner or operator under
18 AAC 78.250 to investigate,
assess, correct, contain, and clean up a petroleum release, and, if financial
assistance is requested, contains an interim cleanup cost estimate;
(39) "corrosion" means the deterioration of
metal from the loss of positive charged metal ions from the metal surface into
an electrolyte;
(40) "corrosion
expert" means a person who
(A) by reason of
thorough knowledge of the physical sciences and the principles of engineering
and mathematics acquired through 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
(B) is accredited or certified as being
qualified by NACE International or is a registered engineer who has
certification or licensing that includes education and experience in corrosion
control of buried or submerged metal piping systems and metal tanks;
(41) "corrosion protection" means
a measure to prevent degradation of UST components caused by electrolysis or
chemical action;
(42) "corrosion
protection equipment" means cathodic protection systems and dielectric coatings
that prevent electrolysis or chemical action;
(43) "degradation" means a process by which a
chemical is reduced to a less complex form;
(44) "demonstrate" means to prove through
documentation or other evidence to the department's satisfaction;
(45) "demonstration" means proof through
documentation or other evidence to the department's satisfaction;
(46) "department" means the Department of
Environmental Conservation;
(47)
"dielectric material" means a material that does not conduct direct electrical
current; dielectric coatings are used to electrically isolate a UST from
surrounding soil; dielectric bushings are used to electrically isolate portions
of the UST, such as the tank, from the piping;
(48) repealed 7/1/2017;
(49) "discharge" has the meaning given in
AS
46.04.900;
(50) "division" means the division assigned
occupational licensing functions in the Department of Commerce, Community, and
Economic Development;
(51)
"electrical equipment" means underground equipment that contains dielectric
fluid necessary for the operation of equipment, such as transformers and buried
electrical cable;
(52) "emergency
power generator" means an electrical motor-generator used exclusively to
provide electrical power during primary power failure;
(53) "engineering measure" means a
modification to a site or facility, including a liner, cap, or slurry wall,
that is designed by a registered engineer to reduce or eliminate the potential
exposure to a contaminant;
(54)
"EPA" means the United States Environmental Protection Agency;
(55) "excavation zone" means a space
containing a UST and backfill material bounded by the ground surface, walls,
and floor of the pit and trenches into which the UST is placed when
installed;
(56) "existing tank"
means a UST used to contain an accumulation of petroleum and for which
installation commenced on or before December 22, 1988; installation is
considered to have commenced if the owner or operator had obtained all federal,
state, and local approvals or permits necessary to begin construction of the
site or installation of the UST and
(A) a
continuous onsite construction or installation program had begun; or
(B) the owner or operator had entered into
contractual obligations for physical construction at the site or installation
of the UST to be completed within a reasonable time and the contract could not
have been canceled or modified without substantial loss;
(57) "exposure point value" means the
concentration of a contaminant determined at the point of exposure to the
contaminant;
(58) "ex-situ" means
as applied to soil or groundwater moved from its original place, excavated,
removed, or recovered from the ground;
(59) deleted;
(60) "farm" has the meaning given in
AS
46.03.450;
(61) "farm tank," as that term is used in the
definition of "underground storage tank" in
AS
46.03.450, means a UST located on a
farm;
(62) "field-constructed tank"
(A) means a tank constructed in
fields;
(B) includes
(i) a tank constructed of concrete that is
poured in the field; or
(ii) a
steel or fiberglass tank primarily fabricated in the field;
(63) deleted;
(64) "financial assistance" means a grant,
loan, or reimbursement awarded under this chapter;
(65) "flow-through process tank," as that
term is used in the definition of "underground storage tank" in
AS
46.03.450, means a UST that forms an integral
part of a production process through which a steady, variable, recurring, or
intermittent flow of petroleum exists during the operation of the process;
"flow-through process tank" does not include a UST used for the storage of
petroleum before its introduction into the production process or for the
storage of finished products or by products from the production
process;
(66) repealed
9/27/2018;
(67) "free product"
means a concentration of petroleum that is present as a nonaqueous phase
liquid; for purposes of this paragraph, a "nonaqueous phase liquid" is a liquid
that is not dissolved in water;
(68) "gasoline" means a petroleum distillate
that is used for motor fuel or heating oil and that consists predominantly of
hydrocarbons corresponding to an alkane range from the beginning of n-hexane
(C6) to the beginning of the n-decane (C10);
(69) repealed 7/1/2017;
(70) "gathering lines," as that term is used
in the definition of "underground storage tank" in
AS
46.03.450, means any pipeline equipment,
facility, or building used in the transportation of oil or gas during oil or
gas production or gathering operations;
(71) "groundwater" has the meaning given in
18 AAC 75.990;
(72) "hazard index" means the sum of the
hazard quotient attributable to noncarcinogenic contaminants with similar
critical endpoints;
(73) "hazard
quotient" means the ratio of the exposure point value to the reference dose for
the contaminant;
(74) "hazardous
substance" has the meaning given in
AS
46.03.826;
(75) "heating oil" means petroleum that is
No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6
technical grades of fuel oil, other residual fuel oils, including Navy Special
Fuel Oil and Bunker C, and other fuels if used as a substitute for one of the
fuels listed in this paragraph; "heating oil" includes oil typically used in
the operation of heating equipment, boilers, or furnaces;
(76) "hydraulic lift tank" means a UST
holding hydraulic fluid for a closed-loop mechanical system that uses
compressed air or hydraulic fluid to operate lifts, elevators, and other
similar devices;
(77)
"hydrocarbons" means organic compounds, such as benzene and methane, that
contains only carbon and hydrogen;
(78) "in-situ" means as applied to soil or
groundwater in its original place, unmoved, unexcavated, or remaining in the
subsurface;
(79) "install" means to
perform the work involved in placing a UST or any part of a UST in the ground
and preparing it to be placed in service;
(80) "institutional control" means a measure
taken to limit, prohibit, or protect against, an activity that could
(A) interfere with the integrity of
corrective action activities or improvements designed to encapsulate or control
residual contamination; or
(B)
result in human or environmental exposure to a contaminant;
(81) "interim cleanup activities
cost estimate" means an estimate, prepared by a qualified environmental
professional, of costs necessary to implement a corrective action
plan;
(82) "job site" means the
physical location where a UST is to be installed or removed;
(83) "laboratory" means a mobile or fixed
facility capable of providing analytical services;
(84) "laboratory manager" means the person
principally responsible for overall management of laboratory operations,
including compliance with applicable requirements of
AS
46.03.365 -
AS
46.03.450, this chapter, and the UST
Procedures Manual;
(85)
"landfarming" means spreading contaminated soil in a thin layer on the surface
of the ground so that biological activity can be enhanced by the addition of
nutrients, mechanical aeration, the addition of water, adjustment of pH, and
similar activities;
(86)
"landspreading" means spreading contaminated soil in a thin layer on the
surface of the ground, relying mainly on aeration and unenhanced biological
action to perform remediation;
(87)
"liquid trap," as that term is used in the definition of "underground storage
tank" in AS 46.03.450, means a sump, well
cellar, or other trap used in association with oil and gas production,
gathering, and extraction operations to collect oil, water, and other liquids;
"liquid trap" includes a trap to temporarily collect liquids for subsequent
disposition or reinjection into a production or pipeline stream or to collect
and separate liquids from a gas stream; in this paragraph, "oil and gas
production, gathering, and extraction operations" include a gas production
plant;
(88) "maintenance" means the
normal operational upkeep to prevent a UST from releasing petroleum;
(89) "method detection limit" means the
minimum concentration of an analyte that can be measured and reported with 99
percent confidence that the value is greater than zero, determined from an
analysis of a sample in a given matrix containing the analyte used in the
analysis;
(90) "motor fuel"
(A) means a complex blend of hydrocarbons
typically used in the operation of a motor engine;
(B) includes motor gasoline, aviation
gasoline, No. I or No. 2 diesel fuel, or any blend containing one or more of
these substances, such as motor gasoline blended with alcohol;
(91) "nationally recognized code
of practice" means a procedure, code, or standard developed by a nationally
recognized association or independent testing laboratory, or by a federal
agency, including the Petroleum Equipment Institute (PEI), National Fire
Protection Association (NFPA), International Fire Code Institute (IFCI),
American Petroleum Institute (API), NACE International, Occupational Safety and
Health Agency (OSHA), United States Environmental Protection Agency (EPA),
Steel Tank Institute (STI), Fiberglass Petroleum Tank and Pipe Institute,
American National Standards Institute (ANSI), American Society of Mechanical
Engineers (ASME), American Society for Testing Materials (ASTM), Underwriters
Laboratories, and Underwriters Laboratories of Canada;
(92) "new tank" or "new UST" means a UST that
will be used to contain an accumulation of petroleum, and for which
installation commenced after December 22, 1988;
(93) "noncarcinogen" means a contaminant with
adverse health effects on humans other than cancer;
(94) "noncarcinogenic" means of or relating
to a noncarcinogen;
(95)
"noncommercial purposes," as that term is used in the definition of
"underground storage tank" in
AS
46.03.450, means, with respect to motor fuel,
not for resale;
(96) "nongasoline
fraction" means diesel or any other petroleum distillate used for motor fuel or
heating oil that consists predominantly of hydrocarbons corresponding to an
alkane range of n-decane (C10) or greater;
(97) "on the premises where stored," as that
term is used in the definition of "underground storage tank" in
AS
46.03.450, means located on the same property
on which the stored heating oil is used;
(98) "operational life" means the period
beginning when installation of a UST commences until the UST is permanently
closed under
18 AAC 78.085;
(99) "operator" means a person who is in
control of, or who has responsibility for, the daily operation of a UST used to
store or dispense petroleum;
(100)
"overfill" means a release that occurs when a UST is filled beyond its
capacity, resulting in the discharge of petroleum into the
environment;
(101) "owner" means a
person who owns a UST used to store or dispense petroleum;
(102) "owner or operator" means the owner or
operator of a UST that is subject to the requirements of this chapter; if
"owner or operator" is used to impose a duty that would result in a duplicative
response or action if taken by both the owner and the operator, "owner or
operator" means that the response or action shall be taken either by the owner
or by the operator;
(103) repealed
7/1/2017;
(104) repealed
7/1/2017;
(105) repealed
7/1/2017;
(106) "petroleum" has the
meaning given in
AS
46.03.450;
(107) deleted;
(108) deleted;
(109) "physical barrier" means a concrete or
asphalt surface that
(A) is impermeable to
water;
(B) is designed,
constructed, and placed in accordance with industry standards; and
(C) provides sufficient support thickness,
layering, and life to prevent compromising the structural integrity of the
material;
(110) "pipe"
or "piping" means a hollow cylinder or tubular conduit that is constructed of
nonearthen materials;
(111)
"pipeline facility," as that term is used in the definition of "underground
storage tank" in
AS
46.03.450, means pipe, pipe rights-of-way,
and associated equipment, gathering lines, facilities, or buildings;
(112) "plume" means a visible or measurable
discharge or release of a contaminant from a given point of origin;
(113) "practicable" means capable of being
designed, constructed, and implemented in a reliable and cost-effective manner,
taking into consideration existing technology, site location, and logistics in
light of overall project purposes; "practicable" does not include an
alternative if the incremental cost of the alternative is substantial and
disproportionate to the incremental degree of protection provided by the
alternative as compared to another lower cost alternative;
(114) "practical quantitation limit" means
the lowest concentration that can be reliably measured within specified limits
of precision, accuracy, representativeness, completeness, and comparability
when testing field samples under routine laboratory operating conditions using
approved methods;
(115)
"preliminary cleanup activities cost estimate" means an estimate of costs
necessary to prepare and implement a corrective action plan;
(116) "professional services" means
professional, technical, or consultant's services that are predominantly
intellectual in character, result in the production of a report or the
completion of a task, and include analysis, evaluation, prediction, planning,
or recommendation;
(117) "property"
means an area in which a UST is located and that is defined by legal
title;
(118) repealed
6/17/2015;
(119) "quality
assurance" means the act of establishing confidence that analytical data is of
a known and documented degree of excellence; "quality assurance" covers the
general areas of accuracy, completeness, representativeness, and comparability
of data;
(120) "quality assurance
program" means a totally integrated program for quality assurance, ensuring
reliability of measurement data;
(121) repealed 7/1/2017;
(122) "reconfiguration" means the replacement
or realignment of the pipes connected to a UST, or the retrofitting of a UST or
any part of a UST by adding cathodic protection, lining, release detection
equipment, or spill or overfill controls that are designed to improve the
ability of the UST to prevent a release;
(123) "reference dose" means the
concentration of a contaminant via daily exposure through a specified exposure
route for the human population, including sensitive subpopulations, that is
likely to be without an appreciable risk of deleterious noncarcinogenic effects
over the period of exposure;
(124)
"registered engineer" means a professional engineer who is registered under
AS
08.48.171 -
AS
08.48.265;
(125) "release" has the meaning given in
AS
46.08.900;
(126) "release detection" means a process or
method used to determine if a release of petroleum has occurred from a UST into
the environment or into the interstitial space between the UST and its
secondary barrier or the secondary containment around it;
(127) "residential tank," as that term is
used in the definition of "underground storage tank" in
AS
46.03.450, means a UST located on property
used primarily for dwelling purposes;
(128) repealed 7/1/2017;
(129) "return to service" means to dispense,
replenish, or sell petroleum;
(130)
deleted;
(131) "secondary
containment"
(A) means a release prevention
and release detection system for a tank or piping; this system has an inner and
outer barrier with an interstitial space that is monitored for leaks;
(B) includes containment sumps when used for
interstitial monitoring of piping;
(132) "septic tank," as that term is used in
the definition of "underground storage tank" in
AS
46.03.450, means a watertight, covered
receptacle designed and built to receive domestic waste water, separate
floating and settling solids from the liquid, anaerobically digest organic
matter, store digested solids through a period of detention, and allow
clarified liquids to discharge for final disposal;
(133) "significantly reconfigure" means to
perform a reconfiguration;
(134)
"site" means an area that is contaminated, including areas contaminated by the
migration of a contaminant from a course area, regardless of property
ownership;
(135) "site assessment"
has the meaning given in
AS
46.03.450;
(136) "soil" means an unconsolidated geologic
material, including clay, loam, loess, silt, sand, gravel, tills, or any
combination of these materials;
(137) "solidification" means the mixing of an
additive into contaminated soil to immobilize the contaminants in the
soil;
(138) "standard operating
procedure" or "SOP" means a detailed written description of a procedure
designed to systematize the performance of the procedure;
(139) "storm water or waste water collection
system," as that term is used in the definition of "underground storage tank"
in AS
46.03.450, means piping, pumps, conduits, and
other equipment necessary to collect and transport the flow of surface water
run-off resulting from precipitation or domestic or nondomestic waste water to
and from a retention area or an area where treatment is designated to occur;
"storm water or waste water collection system" does not include treatment
except if incidental to conveyance; "storm water or waste water collection
system" includes
(A) gravity, pressure, and
vacuum sewers, including associated parts such as manholes and
cleanouts;
(B) pump or collection
stations; and
(C) each part of a
collector sewer, regardless of ownership of the land on which it is
installed;
(140)
"substandard UST" means a UST that is not in compliance with this
chapter;
(141) "sufficient
evidence" means proof that satisfies the department;
(142) "supervise," as it applies to the
supervision by a qualified environmental professional, means
(A) to take direct responsibility for
preparing each report or making an interpretation regarding field
data;
(B) to exercise onsite
control over all work that requires assessment, investigation,
characterization, reporting, or interpretation, including
(i) selection of the location or depth of
sample points in soil, groundwater, surface water, or stockpiles;
(ii) location, placement, or supervision of
construction or completion of monitoring or corrective action wells;
(iii) description of site characteristics,
soil characteristics, or geological characteristics in field notes that will be
used by the assessment firm in the report submitted to the owner or operator of
the project;
(iv) duties required
to be performed under the UST Procedures Manual other than those strictly
limited to the physical act of sample collection and transport; and
(v) collection of final verification samples;
and
(C) to exercise
onsite or offsite control over routine tasks associated with the physical act
of sample collection and transportation;
(143) "surface impoundment," as used in the
definition of "underground storage tank" in
AS
46.03.450, means a natural topographic
depression, man-made excavation, or diked area formed primarily of earthen
materials, although the depression, excavation, or area might be lined with
man-made materials; "surface impoundment" does not include an injection
well;
(144) "surface water" means
waters of the state naturally open to the atmosphere including rivers, lakes,
reservoirs, streams, impoundments, and seas;
(145) "taken out of service" means empty,
with reference to a UST; a UST is considered empty if all materials are removed
so that no more than 2.5 centimeters or one inch of residue, or 0.3 percent by
weight of the total capacity of the UST, remains in the system; "taken out of
service" is sometimes referred to as "out of use," "not in use," or "out of
operation;"
(146) "tank" means a
stationary device that is designed to hold an accumulation of petroleum, and
that is constructed of nonearthen materials such as concrete, steel, or plastic
that provide structural support;
(147) "tank system" has the meaning given in
AS
46.03.450;
(148) "tank tightness test" means a leak
detection method capable of detecting a leak rate of at least 0.1 gallons per
hour in any part of a UST that routinely contains petroleum, including
associated piping, while accounting for the effects of thermal expansion or
contraction of the petroleum, vapor pockets, tank deformation, evaporation,
condensation, and the location of the water table;
(149) "technology" means equipment, supplies,
other resources, and related practices;
(150) "test" means to perform a tank
tightness test or a cathodic protection test;
(151) "total xylenes" means the sum of
ortho-xylene, meta-xylene, and para-xylene concentrations;
(152) "transmissivity" means the rate at
which water is transmitted through a unit width of an aquifer or confining bed
under a hydraulic gradient of one;
(153) "underground area," as that term is
used in the definition of "underground storage tank" in
AS
46.03.450, means an underground room such as
a basement, cellar, shaft, or vault that provides enough space for physical
inspection of the exterior of a UST that is located on or above the surface of
the floor;
(154) "underground
storage tank" has the meaning given in
AS
46.03.450;
(155) "underground petroleum storage tank
system" and "underground storage tank system" have the meaning given to
"underground petroleum storage tank system" in
AS
46.03.450;
(156) "upgrade" or "upgrading" means to add
or retrofit cathodic protection systems, lining, spill and overflow controls,
or similar systems to improve the ability of a UST system to prevent a
release;
(157) "UST" means an
underground storage tank or an underground storage tank system;
(158) "UST Procedures Manual" means the
department's Underground Storage Tanks Procedures Manual, adopted by reference
in 18 AAC 78.007;
(159) "vadose zone" means the ground layer
beneath the topsoil and overlying the water table in which water in pore spaces
coexists with air or in which geological matter is unsaturated;
(160) "vault" means an enclosure that
(A) is liquid tight, vapor tight, and without
backfill inside;
(B) is reinforced
with concrete at least six inches thick on the sides, top, and bottom of the
enclosure;
(C) has openings for
inspection through the top only;
(D) has tank connections piped or closed so
that neither vapors nor liquid can escape into the enclosure; and
(E) permits portable equipment to discharge
to the outside vapors that may accumulate should leakage occur;
(161) "waste water collection
system" is defined within the definition of "storm water or waste water
collection system" in this section;
(162) "waste water treatment tank" means a
UST designed to receive and treat an influent waste water through physical,
chemical, or biological methods; and
(163) "working day" means a day other than
Saturday, Sunday, or a state holiday.
(164) "qualified environmental professional"
means an individual described in
18 AAC
78.088(b);
(165) "qualified sampler" means an individual
described in
18 AAC 78.088(c).
(166) "analyte" means a substance
whose chemical constituents are being identified and measured;
(167) "DoD-ELAP" means Department of Defense
Environmental Laboratory Accreditation Program;
(168) "matrix" means the non-analyte
components of a sample;
(169)
"NELAP" means the National Environmental Laboratory Accreditation Program.
(170) "cathodic protection tester"
means a person who
(A) 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; and
(B) at a minimum,
has education and experience in soil resistivity, stray current,
structure-to-soil potential, and component electrical isolation measurements of
buried metal piping and tank systems;
(171) "Class A operator" means the individual
who has primary responsibility to operate and maintain the UST in accordance
with applicable regulatory 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;
(172)
"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 aspects of operation,
maintenance, and associated recordkeeping for the UST;
(173) "Class C operator" means the individual
responsible for initially addressing emergencies presented by a spill or
release from an UST; the Class C operator typically controls or monitors the
dispensing or sale of petroleum;
(174) "containment sump" means a liquid-tight
container that protects the environment by containing leaks and spills of
petroleum from piping, dispensers, pumps and related components in the
containment area; a containment sump may be.
(A) single-walled or in secondary
containment; and
(B) located at the
top of the 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);
(175) "dispenser" means equipment located
aboveground that dispenses petroleum from the UST;
(176) "dispenser system" means the dispenser
and the equipment necessary to connect the dispenser to the underground storage
tank system;
(177) "replaced" means
(A) for a tank, to remove a tank and install
another tank;
(B) for piping, to
remove 50 percent or more of piping and in stall other piping, excluding
connectors, connected to a single tank; for tanks with multiple piping runs,
this subparagraph applies independently to each piping run;
(178) "under-dispenser
containment" or "UDC" means containment underneath a dispenser system designed
to prevent leaks from the dispenser and piping within or above the UDC from
reaching soil or groundwater;
(179)
"underground release" means any belowground release.
Notes
A listing of sources for nationally-recognized codes of practice, as that term is defined in 18 AAC 78.995, may be found in the editor's note following 18 AAC 78.025.
As of Register 171 (October 2004), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development made by ch. 47, SLA 2004 and the corresponding title change of the commissioner of community and economic development.
As of Register 179 (October 2006), and acting under AS 44.62.125(b)(6), the regulations attorney made technical revisions to the lead-in language of 18 AAC 78.995 and to 18 AAC 78.995(84); deleted 18 AAC 78.995(15), (32), (59), (63), (107), (108), and (130); and made technical revisions to the authority citation following 18 AAC 78.995. These changes reflect the enactment of sec. 2, ch. 102, SLA 2006, effective August 5, 2006, which repealed statutes establishing the Board of Storage Tank Assistance, underground storage tank revolving loan fund, and tank cleanup loan program. Section 3, ch. 102, SLA 2006 annulled enumerated regulations made obsolete by those repeals, including the definitions in 18 AAC 78.995(15), (32), (59), and (130). The regulations attorney additionally deleted definitions in 18 AAC 78.995(63), (107), and (108), reflecting the annulment of those regulations in which the defined terms appear or to which they relate.
With Register 180, January 2007 and under the authority of AS 44.62.125, the regulations attorney changed obsolete terminology concerning the division of occupational licensing and the division of banking and securities in conformity with ch. 14, SLA 2005 and to reflect the transfer of certain corporations functions within the Department of Commerce, Community, and Economic Development.
As of Register 187 (October 2008), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to the definition of "UST" in 18 AAC 78.995.
Authority:AS 44.46.020
AS 44.46.025
AS 46.03.020
AS 46.03.050
AS 46.03.070
AS 46.03.365
AS 46.03.375
AS 46.03.740
AS 46.03.758
Sec. 7, ch. 96, SLA 1990
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