"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 a UST system and aboveground
releases associated with overfills and transfer operations as the regulated
substance moves to or from a UST system.
"Active remediation" means corrective action
undertaken to reduce contaminant concentrations by other than passive
remediation or monitoring.
"Airport hydrant fuel distribution system"
or"airport hydrant system" means a 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.
"Ancillary equipment" 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 a UST.
"Appurtenances" means devices such as
piping, fittings, flanges, valves, dispensers and pumps used to distribute,
meter, or control the flow of regulated substances to or from an underground
storage tank.
"Asbestos-cement pipe" (AC refers to
asbestos-cement) means a pipe or conduit constructed of asbestos fiber and
Portland cement, which can be used to transport water.
"ASTM" means the American Society of Testing
and Materials.
"Backflow preventer" means a check valve
used to ensure water flows in one direction and designed to prevent
contamination from an end user, such as a home, from getting into the general
water supply. An approved backflow preventer shall be a reduced-pressure
backflow preventer or an antisiphon device which complies with the standards of
the American Water Works Association and has been approved by the Foundation
for Cross-Connection Control and Hydraulic Research.
"Bedrock" means the rock, usually solid,
underlying soil or any other unconsolidated surficial cover.
"Below-ground release" means any release to
the subsurface of the land and to groundwater. This includes, but is not
limited to, releases from the below-ground portions of an underground storage
tank system and below-ground releases associated with overfills and transfer
operations as the regulated substance moves to or from an underground storage
tank.
"Beneath the surface of the ground" means
beneath the ground surface or otherwise covered with earthen materials.
"Best available technology" means those
practices which most appropriately remove, treat, or isolate contaminants from
groundwater, soil or associated environment, as determined through professional
judgment considering actual equipment or techniques currently in use, published
technical articles, site hydrogeology and research results, engineering and
groundwater professional reference materials, consultation with experts in the
field, capital and operating costs, and guidelines or rules of other regulatory
agencies.
"Best management practices" means
maintenance procedures, schedule of activities, prohibition of practices, and
other management practices, or a combination thereof, which, after problem
assessment, is determined to be the most effective means of monitoring and
preventing additional contamination of the groundwater and soil.
"Biodiesel" means a renewable fuel comprised
of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or
animal fats, that is blended with petroleum-based diesel fuel, which meets the
standards provided in Iowa Code section
214A.2.
"Carcinogenic risk" means the incremental
risk of a person developing cancer over a lifetime as a result of exposure to a
chemical, expressed as a probability such as one in a million
(10-6). For carcinogenic chemicals of concern,
probability is derived from application of certain designated exposure
assumptions and a slope factor.
"Cast iron pipe" means a pipe or conduit
used as a pressure pipe for transmission of water, gas, or sewage or as a water
drainage pipe. It comprises predominantly a gray cast iron tube historically
used uncoated, with newer types having various coatings and linings to reduce
corrosion and improve hydraulics.
"Cathodic protection" 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.
"CERCLA" means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 as
amended.
"Certified groundwater professional" means a
person certified pursuant to Iowa Code section
455B.474
and 567-Chapter 134, Part A.
"Change-in-service" means changing the use
of a tank system from a regulated to a nonregulated use.
"Chemicals of concern" means the compounds
derived from petroleum-regulated substances which are subject to evaluation for
purposes of applying risk-based corrective action decision making. These
compounds are benzene, ethylbenzene, toluene, and xylenes (BTEX) and
naphthalene, benzo(a)pyrene, benz(a)anthracene, and chrysene. (Note:
Concentration values for these last four constituents are determined by a
conversion method from total extractable hydrocarbons, see subrule
135.8(3).)
"Class A operator" means the individual who
has primary responsibility to operate and maintain the UST system in accordance
with applicable requirements. The Class A operator typically manages resources
and personnel, such as establishing work assignments, to achieve and maintain
compliance with regulatory requirements under this chapter.
"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 record
keeping for the UST systems.
"Class C operator" means the individual
responsible for initially addressing emergencies presented by a spill or
release from a 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.
"Conduit" means underground structures which
act as pathways and receptors for chemicals of concern, including but not
limited to gravity drain lines and sanitary or storm sewers.
"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 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).
"Corrective action" means an action taken to
reduce, minimize, eliminate, clean up, control or monitor a release to protect
the public health and safety or the environment. Corrective action includes,
but is not limited to, excavation of an underground storage tank for the
purpose of repairing a leak or removal of a tank, removal of contaminated soil,
disposal or processing of contaminated soil, cleansing of groundwaters or
surface waters, natural biodegradation, institutional controls, technological
controls and site management practices. Corrective action does not include
replacement of an underground storage tank. Corrective action specifically
excludes third-party liability.
"Corrective action meeting process" means a
series of meetings organized by department staff with owners or operators and
other interested parties such as certified groundwater professionals, funding
source representatives, and affected property owners. The purpose of the
meeting process is to develop and agree on a corrective action plan and the
terms for implementation of the plan.
"Corrective action plan" means a plan which
specifies the corrective action to be undertaken by the owner or operator in
order to comply with requirements in this chapter and which is incorporated
into a memorandum of agreement or other written agreement between the
department and the owner or operator. The plan may include but is not limited
to provisions for additional site assessment, site monitoring, Tier 2
revisions, Tier 3 assessment, excavation, and other soil and groundwater
remedial action.
"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
corrosion control of buried or submerged metal piping systems and metal
tanks.
"Department" means Iowa department of
natural resources.
"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 systems (e.g.,
tank from piping).
"Dispenser" means equipment located above
ground 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.
"Drinking water well" means any groundwater
well used as a source for drinking water by humans and groundwater wells used
primarily for the final production of food or medicine for human
consumption.
"Ductile iron pipe" means a pipe or conduit
commonly used for potable water distribution and for the pumping of sewage. The
predominant wall material is ductile iron, a spheroidized graphite cast iron,
and commonly has an internal cement mortar lining to inhibit corrosion from the
carried water and various types of external coatings to inhibit corrosion from
the environment.
"Electrical equipment" means underground
equipment that contains dielectric fluid that is necessary for the operation of
equipment such as transformers and buried electrical cable.
"Enclosed space" means space which can act
as a receptor or pathway capable of creating a risk of explosion or inhalation
hazard to humans and includes "explosive receptors" and "confined spaces."
Explosive receptors means those receptors designated in these rules which are
evaluated for explosive risk. Confined spaces means those receptors designated
in these rules for evaluation of vapor inhalation risks.
"Ethanol" means ethyl alcohol that is to be
blended with gasoline if it meets the standards provided in Iowa Code section
214A.2.
"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.
"Existing tank system" means a tank system
used to contain an accumulation of regulated substances or for which
installation has commenced on or before January 14, 1987. Installation is
considered to have commenced if:
The owner or operator has obtained all federal, state, and
local approvals or permits necessary to begin physical construction of the site
or installation of the tank system; and if,
1. Either a continuous on-site physical construction or
installation program has begun; or,
2. The owner or operator has entered into contractual
obligations, which cannot be canceled or modified without substantial loss, for
physical construction at the site or installation of the tank system to be
completed within a reasonable time.
"Farm tank" 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 tank" 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 tank" 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 product" refers to a regulated
substance that is present as a light nonaqueous phase liquid (e.g., liquid not
dissolved in water).
"Gasket" means any type of pipe seals made
of a variety of rubbers including but not necessarily limited to
styrene-butadiene rubber (SBR), nitrile-butadiene rubber (NBR or nitrile),
ethylene propylene diene monomer (EPDM), neoprene (CR), and fluoroelastomer
rubber (FKM), which are used to seal pipe connections.
"Gathering lines" means any pipeline,
equipment, facility, or building used in the transportation of oil or gas
during oil or gas production or gathering operations.
"Groundwater ingestion pathway" means a
pathway through groundwater by which chemicals of concern may result in
exposure to a human receptor as specified in rules applicable to Tier 1, Tier 2
and Tier 3.
"Groundwater plume" means the extent of
groundwater impacted by the release of chemicals of concern.
"Groundwater to water line pathway" means a
pathway through groundwater which leads to a water line.
"Groundwater vapor to enclosed space
pathway" means a pathway through groundwater by which vapors from
chemicals of concern may lead to a receptor creating an inhalation or explosive
risk hazard.
"Hazardous substance UST system" means an
underground storage tank system that contains a hazardous substance defined in
Section 101(14) of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (but not including any substance regulated as a hazardous
waste under subtitle C) or any mixture of such substances and petroleum, and
which is not a petroleum UST system.
"Hazard quotient" means the ratio of the
level of exposure of a chemical of concern over a specified time period to a
reference dose for that chemical of concern derived for a similar exposure
period. Unless otherwise specified, the hazard quotient designated in these
rules is one.
"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 when used as substitutes for one of these fuel
oils. Heating oil is typically used in the operation of heating equipment,
boilers, or furnaces.
"Highly permeable soils" means for the
purpose of UST closures: fractured bedrock, any soils with a hydraulic
conductivity rate greater than 0.3 meters per day, or any soil material
classified by the Unified Soil Classification System as published by the United
States Department of the Interior or ASTM designation as (1) GW - well graded
gravel, gravel-sand mixtures, little or no fines, (2) GP - poorly graded
gravel, gravel-sand mixtures, little or no fines, (3) SW - well graded sands,
gravelly sands, little or no fines, or (4) SP - poorly graded sands, gravelly
sands, little or no fines.
"Hydraulic conductivity" means the rate of
water movement through the soil measured in meters per day (m/d) as determined
by the following methods. For a saturated soil, the Bouwer-Rice method or its
equivalent shall be used. For unsaturated soil, use a Guelph permeameter or an
equivalent in situ constant-head permeameter in a boring finished above the
water table. If an in situ method cannot be used for unsaturated soil because
of depth, or if the soil is homogeneous and lacks flow-conducting channels,
fractures, cavities, etc., laboratory measurement of hydraulic conductivity is
acceptable.
If laboratory methods are used, collect undisturbed soil
samples using a thin-walled tube sampler in accordance with American Society of
Testing and Materials (ASTM) Standard D1587. Samples shall be clearly marked,
preserved and transported to the laboratory. The laboratory shall measure
hydraulic conductivity using a constant-head permeameter in accordance with
ASTM Standard D2434 or a falling-head permeameter in accordance with accepted
methodology.
"Hydraulic lift tank" means a tank holding
hydraulic fluid for a closed-loop mechanical system that uses compressed air or
hydraulic fluid to operate lifts, elevators, and other similar devices.
"Institutional controls" means the
restriction on use or access (for example, fences, deed restrictions,
restrictive zoning) to a site or facility to eliminate or minimize potential
exposure to a chemical(s) of concern. Institutional controls include any of the
following:
1. A law of the United States or the state;
2. A regulation issued pursuant to federal or state
laws;
3. An ordinance or regulation of a political subdivision in
which real estate subject to the institutional control is located;
4. A restriction on the use of or activities occurring at
real estate which are embodied in a covenant running with the land
which:
* Contains a legal description of the real estate in a manner
which satisfies Iowa Code section
558.1
et seq.;
* Is properly executed, in a manner which satisfies Iowa Code
section
558.1
et seq.;
* Is recorded in the appropriate office of the county in
which the real estate is located;
* Adequately and accurately describes the institutional
control; and
* Is in the form of a covenant as set out in Appendix C or in
such a manner reasonably acceptable to the department.
5. Any other institutional control the owner or operator can
reasonably demonstrate to the department which will reduce the risk from a
release throughout the period necessary to ensure that no applicable target
risk is likely to be exceeded.
"Light, nonaqueous-phase liquid"
or"LNAPL" refers to an organic compound that is immiscible
with, and lighter than water (e.g., crude oil, gasoline, diesel fuel, heating
oil).
"Liquid trap" means sumps, well cellars, and
other traps 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. These liquid traps 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.
"Maintenance" means the normal operational
upkeep to prevent an underground storage tank system from releasing
product.
"MCLs" means the drinking water primary
maximum contaminant levels set out in
567-41.3 (455B).
"Memorandum of agreement" means a written
agreement between the department and the owner or operator which specifies the
corrective action that will be undertaken by the owner or operator in order to
comply with requirements in this chapter and the terms for implementation of
the plan. The plan may include but is not limited to provisions for additional
site assessment, site monitoring, Tier 2 revisions, Tier 3 assessment,
excavation, and other soil and groundwater remedial action.
"Motor fuel" means a complex blend of
hydrocarbons typically used in the operation of a motor engine, such as motor
gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend
containing one or more of these substances (for example, motor gasoline blended
with alcohol).
"New tank system" means a tank system that
will be used to contain an accumulation of regulated substances and for which
installation has commenced after January 14, 1987. (See also "Existing Tank
System.")
"Noncarcinogenic risk" means the potential
for adverse systemic or toxic effects caused by exposure to noncarcinogenic
chemicals of concern, expressed as the hazard quotient.
"Noncommercial purposes" with respect to
motor fuel means not for resale.
"Non-drinking water well" means any
groundwater well (except an extraction well used as part of a remediation
system) not defined as a drinking water well including a groundwater well which
is not properly plugged in accordance with department rules in 567-Chapters 39
and 49.
"Nonresidential area" means land which is
not currently used as a residential area and which is zoned for nonresidential
uses.
"On the premises where stored" with respect
to heating oil means UST systems located on the same property where the stored
heating oil is used.
"Operational life" refers to the period
beginning when installation of the tank system has commenced until the time the
tank system is properly closed under rule
567-135.15 (455B).
"Operator" means any person in control of,
or having responsibility for, the daily operation of the UST system.
"Overexcavation" refers to the excavation of
subsurface materials outside the excavation zone for the purpose of removing
contaminated substances.
"Overfill release" is a release that occurs
when a tank is filled beyond its capacity, resulting in a discharge of the
regulated substance to the environment.
"Owner" means:
1. In the case of a UST system in use on July 1, 1985, or
brought into use after that date, any person who owns a UST system used for
storage, use, or dispensing of regulated substances; and
2. In the case of any UST system in use before July 1, 1985,
but no longer in use on that date, any person who owned such UST immediately
before the discontinuation of its use.
Owner does not include a person or institution, who, without
participating in the management or operation of the underground storage tank or
the tank site or engaging in petroleum production, refining or marketing, holds
indicia of ownership primarily to protect that person's security interest in
the underground storage tank or the tank site property, prior to obtaining
ownership or control through debt enforcement, debt settlement, or
otherwise.
"Pathway" means a transport mechanism by
which chemicals of concern may reach a receptor(s) or the location(s) of a
potential receptor.
"Permanent closure" means removing all
regulated substances from the tank system, assessing the site for
contamination, and permanently removing tank and piping from the ground or
filling the tank in place with a solid inert material and plugging all piping.
Permanent closure also includes partial closure of a tank system such as
removal or replacement of tanks or piping only.
"Person" means an individual, trust, firm,
joint stock company, federal agency, corporation, state, municipality,
commission, political subdivision of a state, or any interstate body. "Person"
also includes a consortium, a joint venture, a commercial entity, and the
United States government.
"Person who conveys or deposits a regulated
substance" means a person who sells or supplies the owner or operator
with the regulated substance and the person who transports or actually deposits
the regulated substance in the underground tank.
"Petroleum UST system" means an underground
storage tank system that contains petroleum or a mixture of petroleum with de
minimis quantities of other regulated substances. Such systems include those
containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils,
lubricants, petroleum solvents, and used oils.
"Pipe" or"piping" means a
hollow cylinder or tubular conduit that is constructed of nonearthen materials
and that routinely contains and conveys regulated substances.
"Pipeline facilities (including gathering
lines)" are new and existing pipe rights-of-way and any associated
equipment, facilities, or buildings.
"Point of compliance" means the location(s)
at the source(s) of contamination or at the location(s) between the source(s)
and the point(s) of exposure where concentrations of chemicals of concern must
meet applicable risk-based screening levels at Tier 1 or other target level(s)
at Tier 2 or Tier 3.
"Point of exposure" means the location(s) at
which an actual or potential receptor may be exposed to chemicals of concern
via a pathway.
"Polybutylene pipe" (PB refers to
polybutylene) means a water supply pipe comprised of a form of plastic resin
that was used extensively from 1978 until 1995. The piping systems were used
for underground water mains and as interior water distribution piping.
Polybutylene mains are usually blue in color, but may be gray, black, or white.
The pipe is usually 1/2 inch or 1 inch in diameter, and it may be found
entering a residence through the basement wall or floor, concrete slab or
through the crawlspace; frequently it enters the residence near the water
heater.
"Polyethylene pipe" (PE refers to
polyethylene) means a water supply pipe comprised of thermoplastic material
produced from the polymerization of ethylene. PE pipe is manufactured by
extrusion in sizes ranging from 1/2 inch to 63 inches. PE pipe is available in
rolled coils of various lengths or in straight lengths of up to 40 feet. PE
pipe is available in many forms and colors, including single-extrusion colored
or black pipe, black pipe with co-extruded color striping, and black or natural
pipe with a co-extruded colored layer. PE pipe has been demonstrated to be very
permeable to petroleum while still retaining its flexible structure.
"Polyvinyl chloride pipe" (PVC refers to
polyvinyl chloride) means a pipe made from a plastic and vinyl combination
material. The pipes are durable, hard to damage, and long-lasting. A PVC pipe
is very resistant and does not rust, nor is it likely to rot or wear over time.
PVC piping is most commonly used in water systems, underground wiring, and
sewer lines.
"Portland cement" means hydraulic cement
(cement that not only hardens by reacting with water but also forms a
water-resistant product) and is produced by pulverizing clinkers consisting
essentially of hydraulic calcium silicates, usually containing one or more
forms of calcium sulfate as an inter ground addition.
"Potential receptor" means a receptor not in
existence at the time a Tier 1, Tier 2 or Tier 3 site assessment is prepared,
but which could reasonably be expected to exist within 20 years of the
preparation of the Tier 1, Tier 2 or Tier 3 site assessment or as otherwise
specified in these rules.
"Preferential pathway" means conditions
which act as a pathway permitting contamination to migrate through soils and to
groundwater at a faster rate than would be expected through naturally occurring
undisturbed soils or unfractured bedrock including but not limited to wells,
cisterns, tile lines, drainage systems, utility lines and envelopes, and
conduits.
"Protected groundwater source" means a
saturated bed, formation, or group of formations which has a hydraulic
conductivity of at least 0.44 meters per day (m/d) and a total dissolved solids
of less than 2,500 milligrams per liter (mg/l) or a bedrock aquifer with total
dissolved solids of less than 2,500 milligrams per liter (mg/l) if bedrock is
encountered before groundwater.
"Public water supply well" means a well
connected to a system for the provision to the public of piped water for human
consumption, if such system has at least 15 service connections or regularly
serves an average of at least 25 individuals daily at least 60 days out of the
year.
"Receptor" means enclosed spaces, conduits,
protected groundwater sources, drinking and non-drinking water wells, surface
water bodies, and public water systems which when impacted by chemicals of
concern may result in exposure to humans and aquatic life, explosive conditions
or other adverse effects on health, safety and the environment as specified in
these rules.
"Reference dose" means a designated toxicity
value established in these rules for evaluating potential noncarcinogenic
effects in humans resulting from exposure to a chemical(s) of concern.
Reference doses are designated in Appendix A.
"Regulated substance" means an element,
compound, mixture, solution or substance which, when released into the
environment, may present substantial danger to the public health or welfare or
the environment. Regulated substance includes:
1. Substances designated in Table 302.4 of 40 CFR Part 302
(September 13, 1988),
2. Substances which exhibit the characteristics identified in
40 CFR
261.20 through
261.24
(May 10, 1984) and which are not excluded from regulation as a hazardous waste
under 40 CFR
261.4(b) (May 10,
1984),
3. Any substance defined in Section 101(14) of the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
(but not including any substance regulated as a hazardous waste under subtitle
C), and
4. Petroleum, including crude oil or any fraction thereof
that is liquid at standard conditions of temperature and pressure (60 degrees
Fahrenheit and 14.7 pounds per square inch absolute). The term "regulated
substance" includes but is not limited to petroleum and petroleum-based
substances comprised of a complex blend of hydrocarbons such as motor fuels,
jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum
solvents, and used oils.
"Release" means any spilling, leaking,
emitting, discharging, escaping, leaching or disposing of a regulated
substance, including petroleum, from a UST into groundwater, surface water or
subsurface soils.
"Release detection" means determining
whether a release of a regulated substance has occurred from the UST system
into the environment or a leak has occurred into the interstitial space between
the UST system and its secondary barrier or secondary containment around
it.
"Repair" means to restore to proper
operating condition a tank, pipe, spill prevention equipment, overfill
prevention equipment, corrosion protection equipment, release detection
equipment or other UST system component that has caused a release of product
from the UST system or has failed to function properly.
"Replace" or"replacement"
means the installation of a new underground tank system or component, including
dispensers, in substantially the same location as an existing tank system or
component.
"Replaced" means:
1. For a tank: to remove a tank and install another
tank.
2. For piping: to remove 50 percent or more of piping and
install other piping, excluding connectors, connected to a single tank. For
tanks with multiple piping runs, this definition applies independently to each
piping run.
"Residential area" means land used as a
permanent residence or domicile, such as a house, apartment, nursing home,
school, child care facility or prison, land zoned for such uses, or land where
no zoning is in place.
"Residential tank" is a tank located on
property used primarily for dwelling purposes.
"Risk-based screening level (RBSL)" means
the risk-based concentration level for chemicals of concern developed for a
Tier 1 analysis to be met at the point(s) of compliance and incorporated in the
Tier 1 Look-up Table in Appendix A.
"SARA" means the federal Superfund
Amendments and Reauthorization Act of 1986.
"Secondary containment"
or"secondarily contained" 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 monitored for leaks. This term
includes containment sumps when used for interstitial monitoring of
piping.
"Secondary containment tank"
or"secondary containment piping" means a tank or piping which
is designed with an inner primary shell and a liquid-tight outer secondary
shell or jacket which extends around the entire inner shell, and which is
designed to contain any leak through the primary shell from any part of the
tank or piping that routinely contains product, and which also allows for
monitoring of the interstitial space between the shells and the detection of
any leak.
"Septic tank" is a watertight covered
receptacle designed to receive or process, through liquid separation or
biological digestion, the sewage discharged from a building sewer. The effluent
from such receptacle is distributed for disposal through the soil and settled
solids and scum from the tank are pumped out periodically and hauled to a
treatment facility.
"Service line" means a pipe connected to a
business or residence from a water main, typically of a size not exceeding 6
inches in diameter, and including its gaskets and other appurtenances. For
purposes of this chapter, service lines refer to pipes specifically used for
drinking water transmission.
"Site assessment investigation" means an
investigation conducted by a certified groundwater professional to determine
relevant site historical data, the types, amounts, and sources of petroleum
contaminants present, hydrogeological characteristics of the site, full
vertical and horizontal extent of the contamination in soils and groundwater,
direction and rate of flow of the contamination, ranges of concentration of the
contaminants by analysis of soils and groundwater, the vertical and horizontal
extent of the contamination exceeding department standards, and the actual or
potential threat to public health and safety and the environment.
"Site cleanup report" means the report
required to be submitted by these rules and in accordance with department
guidance which may include the results of Tier 2 or Tier 3 assessment and
analysis.
"Site-specific target level (SSTL)" means
the risk-based target level(s) for chemicals of concern developed as the result
of a Tier 2 or Tier 3 assessment which must be achieved at applicable point(s)
of compliance at the source to meet the target level(s) at the point(s) of
exposure.
"Soil leaching to groundwater pathway" means
a pathway through soil by which chemicals of concern may leach to groundwater
and through a groundwater transport pathway impact an actual or potential
receptor.
"Soil plume" means the vertical and
horizontal extent of soil impacted by the release of chemicals of
concern.
"Soil to water line pathway" means a pathway
which leads from soil to a water line.
"Soil vapor to enclosed space pathway" means
a pathway through soil by which vapors from chemicals of concern may lead to a
receptor creating an inhalation or explosive risk hazard.
"Storm water or wastewater collection
system" means piping, pumps, conduits, and any other equipment
necessary to collect and transport the flow of surface water run-off resulting
from precipitation, or domestic, commercial, or industrial wastewater to and
from retention areas or any areas where treatment is designated to occur. The
collection of storm water and wastewater does not include treatment except
where incidental to conveyance.
"Surface impoundment" is a natural
topographic depression, constructed excavation, or diked area formed primarily
of earthen materials (although it may be lined with manufactured materials)
that is not an injection well.
"Surface water body" means general use
segments as provided in 567-paragraph 61.3(1)"a" and
designated use segments of water bodies as provided in 567-paragraph
61.3(1)"b" and 567-subrule 61.3(5).
"Surface water criteria" means, for
chemicals of concern, the Criteria for Chemical Constituents in Table 1 of rule
567-61.3 (455B), except that
"1,000 ug/L" will be substituted for the chronic levels for toluene for Class B
designated use segments.
"Surface water pathway" means a pathway
which leads to a surface water body.
"Tank" is a stationary device designed to
contain an accumulation of regulated substances and constructed of nonearthen
materials (e.g., concrete, steel, plastic) that provide structural
support.
"Target level" means the allowable
concentrations of chemicals of concern established to achieve an applicable
target risk which must be met at the point(s) of compliance as specified in
these rules.
"Target risk" refers to an applicable
carcinogenic and noncarcinogenic risk factor designated in these rules and used
in determining target levels (for carcinogenic risk assessment, target risk is
a separate factor, different from exposure factors, both of which are used in
determining target levels).
"Technological controls" means a physical
action which does not involve source removal or reduction, but severs or
reduces exposure to a receptor, such as caps, containment, carbon filters,
point of use water treatment, etc.
"Temporary closure" means a regulated tank
or UST system that has been out of operation for three months or more.
"Tier 1 level" means the groundwater and
soil levels in the Tier 1 Look-up Table set out in rule 135.9(455B) and
Appendix A.
"Tier 1 site assessment" means the
evaluation of limited site-specific data compared to the Tier 1 levels
established in these rules for the purpose of determining which pathways do not
require assessment and evaluation at Tier 2 and which sites warrant a no
further action required classification without further assessment and
evaluation.
"Tier 2 site assessment" means the process
of assessing risk to actual and potential receptors by using site-specific
contaminant concentrations and designated Tier 2 exposure and fate and
transport models to determine the applicable target level(s).
"Tier 3 site assessment" means a
site-specific risk assessment utilizing more sophisticated data or analytic
techniques than a Tier 2 site assessment.
"Training program" means any program that
provides information to and evaluates the knowledge of a Class A, Class B, or
Class C operator through testing, practical demonstration, or another approach
acceptable to the department regarding requirements for UST systems that meet
the requirements of subrules 135.4(6) to 135.4(12).
"Under-dispenser containment (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.
"Underground area" means an underground
room, such as a basement, cellar, shaft or vault, providing enough space for
physical inspection of the exterior of the tank situated on or above the
surface of the floor.
"Underground release" means any below-ground
release.
"Underground storage tank"
or"UST" means any one or combination of tanks (including
underground pipes connected thereto) that is used to contain an accumulation of
regulated substances, and the volume of which (including the volume of
underground pipes connected thereto) is 10 percent or more beneath the surface
of the ground. This term does not include any:
a . Farm or residential tank of 1100 gallons or less capacity
used for storing motor fuel for noncommercial purposes. Iowa Code section
455B.473(4) requires those tanks existing prior to July
1, 1987, to be registered. Tanks installed on or after July 1, 1987, must
comply with all 567-Chapter 135 rules;
b. Tank used for storing heating oil for consumptive use on
the premises where stored;
c. Septic tank;
d. Pipeline facility (including gathering lines):
(1) Which is regulated under 49 U.S.C. Chapter 601, or
(2) Which is an intrastate pipeline facility regulated under
state laws as provided in 49 U.S.C. Chapter 601 and which is determined by the
Secretary of Transportation to be connected to a pipeline, or to be operated or
intended to be capable of operating at pipeline pressure or as an integral part
of a pipeline;
e. Surface impoundment, pit, pond, or lagoon;
f. Storm-water or wastewater collection system;
g. Flow-through process tank;
h. Liquid trap or associated gathering lines directly related
to oil or gas production and gathering operations; or
i . Storage tank situated in an underground area (such as a
basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is
situated upon or above the surface of the floor.
The term "underground storage tank" or "UST" does not include
any pipes connected to any tank which is described in
paragraphs"a" through"i" of this
definition.
"Underground storage tank professional" or
"UST professional" means an individual licensed by the
department under 567-Chapter 134, Part C. The licensing program includes
underground storage tank system installation, installation inspection, UST
system testing, tank lining, cathodic protection installation/inspection, and
UST removal. The license issued will list the type of work the individual is
licensed to perform.
"Underground utility vault" means any
constructed space accessible for inspection and maintenance associated with
subsurface utilities.
"Unreasonable risk to public health and safety or the
environment" means the Tier 1 levels for a Tier 1 site assessment, the
applicable target level for a Tier 2 site assessment, and the applicable target
level for a Tier 3 site assessment.
"Upgrade" means the addition or retrofit of
some systems such as cathodic protection, lining, or spill and overfill
controls to improve the ability of an underground storage tank system to
prevent the release of product.
"UST system" or "tank
system" means an underground storage tank, connected underground
piping, underground ancillary equipment, and containment system, if any.
"Utility envelope" means the backfill and
trench used for any subsurface utility line, drainage system and tile
line.
"Wastewater treatment tank" means a tank
that is designed to receive and treat an influent wastewater through physical,
chemical, or biological methods.
"Water line" means a hollow cylinder or
tubular conduit that routinely contains and conveys potable water and is
constructed of nonearthen materials, including but not limited to
asbestos-cement, copper, high-density polyethylene (HDPE), polybutylene,
polyethylene, and wood. Such piping includes any elbows, couplings, unions,
valves, or other in-line fixtures, as well as the gaskets, which contain and
convey potable water.
"Water main pipe" means a main line to the
water distribution system with feeder lines or service lines connected to it
and which typically is 6 inches or greater in diameter, and includes its
gaskets and other appurtenances.
