The following definitions apply to this division and as
applicable for OAR chapter 340 divisions 151 and 160:
"Airport hydrant fuel distribution system" (also called airport hydrant system)
means an UST system that fuels aircraft and operates under high pressure with
large diameter piping that typically terminates into one or more hydrants (fill
(b) 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.
(2) "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 an UST.
built drawing" or "as built" means a line drawing to-scale that accurately
illustrates the location of USTs, underground piping, and all related equipment
in relation to buildings or other structures at an UST facility and that
provides thorough construction documentation.
(b) Other terms used in lieu of "as built"
are "record drawing" or "measured drawing," which indicate that the drawing is
for an existing structure or UST system.
(4) "Belowground release" 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
(5) "Beneath the surface of
the ground" means beneath the ground surface or otherwise covered with earthen
protection" means a technique used to prevent corrosion of a metal surface by
making that surface the cathode of an electrochemical cell. For example, an UST
system can be cathodically protected through the application of either galvanic
anodes or impressed current.
"Cathodic protection tester" means a person who demonstrates 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.
(8) "CERCLA" means the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended ( 42
U.S.C. § 1906 et seq.).
"Change-in-service" means to transfer an UST system containing a regulated
substance from regulated status (i.e., subject to the requirements of this
division) to nonregulated status while the UST remains in its original
(10) "Class A operator"
means the individual who has primary responsibility to operate and maintain the
UST system in compliance with regulatory requirements.
(11) "Class B operator" means the individual
who has day-to-day responsibility for implementing the applicable regulations.
The Class B operator typically implements in-field aspects of operation,
maintenance, and associated recordkeeping for the UST system.
(12) "Class C operator" means an 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.
(13) "Closure" means to permanently
decommission an UST, by removal, filling in-place with an inert material or
change-in-service, or to temporarily remove an UST from operation.
(14) "Commission" or "EQC" means the Oregon
Environmental Quality Commission.
(15) "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 UST system under
conditions likely to be encountered in the UST.
"Confirmed release" means:
For petroleum. Contamination observed in
soil or groundwater as a sheen, stain or petroleum odor or petroleum
contamination detected in soil by the Northwest Total Petroleum Hydrocarbon
Identification Analytical Method (NWTPH-HCID, DEQ, December 1996) or detected
in groundwater by any appropriate analytical method specified in OAR
, [Note: View a PDF of this document by clicking on "Tables" link
(b) For hazardous
substances other than petroleum. Contamination observed in soil or groundwater
as a sheen, stain or identifiable odor or as detected in soil, surface water or
groundwater by any appropriate analytical method specified in "Test Methods for
Evaluating Solid Waste: Physical/Chemical Methods Compendium SW-846", (U.S.
Environmental Protection Agency EPA).
(17) "Connected piping" means all piping
including valves, elbows, joints, flanges and flexible connectors, attached to
an UST system through which regulated substances flow and that are located
beneath the ground surface or otherwise covered by earthen materials. 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
use" with respect to heating oil means consumed on the premises.
(19) "Containment Sump" means a container
that is designed to be liquid tight and to contain 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).
"Corrective action" means remedial
action taken to protect the present or future public health, safety, welfare or
the environment from a release of a regulated substance. "Corrective action"
includes but is not limited to:
Preventing, eliminating, removing, abating, controlling, investigating,
assessing, evaluating or monitoring a hazard or potential hazard or threat,
including migration of a regulated substance; or
(b) Transporting, storing, treating or
disposing of a regulated substance or contaminated material from a
(a) "Corrosion expert" means a person who, is
qualified, by possessing thorough knowledge of the physical sciences and the
principles of engineering and mathematics acquired by a professional education
and related practical experience, to engage in the practice of corrosion
control on buried or submerged underground metal piping systems and metal
Corrosion experts must
(A) Accredited or certified as being
qualified by NACE (National Association of Corrosion Engineers), or
(B) 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,
(C) Licensed by DEQ under OAR
chapter 340, division 160.
(22) "Decommission" means permanent removal
from operation including filling in-place, removal from the ground or
change-in-service to a nonregulated status of any UST system
(23) "De minimis" means
an insignificant amount of regulated substance (e.g., meets the definition of
"empty") or is less than a reportable quantity as defined under
(24) "DEQ" means the Oregon
Department of Environmental Quality.
(25) "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).
means a device located aboveground used to deliver a regulated substance from
an UST system (e.g., fuel from an UST to a motor vehicle). The term includes
associated metering, delivery mechanisms and other equipment contained inside a
housing unit for the dispenser.
(27) "Dispenser system" means the dispenser
and the equipment necessary to connect the dispenser to the underground storage
means a person who is engaged in the business of selling, distributing or
delivering regulated substances to an owner or permittee of an UST.
(29) "Earthen Materials" means materials
originating from the earth, including, but not limited to, dirt, sand, gravel
and rocks, or any other materials, including, but not limited to, wood, that
have the potential to cause corrosion when placed in contact with a
(30) "Electrical equipment"
means equipment that is located beneath the ground surface or otherwise covered
by earthen materials and that contains dielectric fluid that is necessary for
equipment to operate, such as transformers and buried electrical
(31) "Emergency generator"
means an engine that uses a regulated substance to produce auxiliary electrical
or mechanical energy.
means the tank contains no more than one inch of a liquid containing a
regulated substance or 0.3 percent by volume of the total capacity of the
(33) "Excavation zone" means
the volume containing the UST 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.
(34) "Farm tank" is a tank located on a tract
of land devoted to producing 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
means a fixed charge or service charge.
(36) "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.
(37) "Field penalty" means a civil penalty
amount assessed in a field citation.
(38) "Flow-through process tank" means 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
product" means a regulated substance that is present as a nonaqueous phase
liquid (e.g., liquid not dissolved in water).
(40) "Gathering lines" means any pipeline,
equipment, facility, or building used in transporting oil or gas during oil or
gas production or gathering operations.
(41) "Hazardous substance UST system" means
an UST 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.
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
(43) "Heating oil tank"
means a tank used for storing heating oil for consumptive use.
(44) "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
(45) "Install" or
"installation" means the physical construction of all or part of an UST system,
including, but not limited to, activities such as excavating, backfilling,
testing, placing the tank, underground piping, release detection devices,
corrosion protection systems, spill and overfill devices, and any associated
administrative activities such as notifications, record keeping, and record
means the space between the primary and secondary containment systems (i.e.,
the space between the inner and outer walls of a tank or pipe).
(47) "Investigation" means monitoring,
surveying, testing, sampling, analyzing or other information gathering
"Leak" has the
same meaning as "release" as defined by OAR 340-150-0010
(49) "Liquid traps" 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
(50) "Maintenance" means
the normal operational upkeep to prevent an UST system from releasing
changing an UST system currently in use by installing new UST system
components. This includes, but is not limited to:
(a) Adding corrosion protection to a
previously lined tank,
Installing 50 percent or more of new underground piping (excluding connectors)
connected to a single tank,
(d) Adding secondary containment.
(e) "Modification" does not include those
activities defined as "repair" or "replacement."
(52) "Motor Fuel" means a complex blend of
hydrocarbons typically used in operating 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
or "multicompartment" means an UST that contains two or more chambers or
compartments created by the presence of an interior wall so that two or more
regulated substances can be stored at the same time within a single tank shell.
Even if the same regulated substance is stored in all chambers or compartments,
the UST is a multichambered or multicompartmented UST for the purpose of these
(54) "Native soil" means the
soil outside of the immediate boundaries of the pit that was originally
excavated for the purpose of installing an UST.
(55) "OAR" means Oregon Administrative
(56) "Operate" or
"operation" means depositing a regulated substance into an UST, storing a
regulated substance in, or dispensing a regulated substance from an
(57) "Operational life" refers
to the period when the UST system installation begins until the time the tank
system is decommissioned under 340-150-0168.
(58) "ORS" means Oregon Revised
(59) "Owner" means a
person who currently owns an UST or who owned an UST.
(60) "Permittee" means the owner or person
who is in control of or has responsibility for daily UST system operation and
maintenance, financial responsibility, and UST operator training requirements
set forth in OAR chapter 340, division 150.
(61) "Person" means an individual, trust,
firm, joint stock company, federal agency, corporation, partnership, joint
venture, consortium, association, state, municipality, commission, political
subdivision of a state or any interstate body, any commercial entity, and the
United States Government.
"Petroleum" or "oil" means gasoline, crude oil, fuel oil, diesel oil,
lubricating oil, oil sludge, oil refuse and crude oil fractions and refined
petroleum fractions, including gasoline, kerosene, heating oils, diesel fuels,
and any other petroleum-related product, or waste or fraction thereof, that is
liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds
per square inch absolute. For the purposes of chapter 340, divisions 150 and
160, blends of gasoline with ethanol and diesel fuels with biodiesel are
"petroleum." "Petroleum" does not include any substance identified as a
hazardous waste under 40 C.F.R. Part 261
(October 13, 2015).
(63) "Petroleum UST system" means an UST
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.
(64) "Pipe" or "piping" means a hollow
cylinder or tubular conduit that is constructed of nonearthen
facilities," including gathering lines, means new and existing pipe
rights-of-way and any associated equipment, facilities or buildings.
(66) "Probability of detection" means the
likelihood, expressed as a percentage, that a test method will correctly
identify a release from an UST system.
(67) "Probability of false alarm" means the
likelihood, expressed as a percentage, that a test method will incorrectly
identify an UST system as leaking when a release is not occurring.
(68) "Property owner" means the legal owner
of the real property on which an UST is located.
"Regulated substance" means:
(a) Any substance defined in section 101(14)
of CERCLA. This does not include any substance regulated as a hazardous waste
under subtitle C; and
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).
(c) 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
means the discharge, deposit, injection, dumping, spilling, emitting, leaking
or placing of a regulated substance from an UST into the air or into or on land
or the waters of the state, other than as authorized by a permit issued under
state or federal law.
detection" or "leak 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 into a secondary containment unit or sump around the
(72) "Repair" means restoring
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 a regulated substance from the UST system or has failed to function
properly. Repair does not include the activities defined by "modification" or
means decommissioning a tank and installing another tank.
(74) "Residential tank" means a tank located
on property used primarily for single-family dwelling purposes.
(75) "Secondary containment" or "secondarily
contained" means a system for a tank or piping that includes an inner and outer
barrier with an interstitial space that can be monitored for leaks. This term
includes containment sumps when the sump is used for interstitial monitoring of
(76) "Septic tank" means 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.
(77) "Service provider" means a person
licensed by DEQ to perform UST services on USTs.
(78) "Storm water" or "wastewater collection
system" means piping, pumps, conduits, and any other equipment necessary to
collect and transport the flow of surface water runoff resulting from
precipitation or domestic, commercial or industrial wastewater to and from
retention areas or any areas where treatment is designated to occur. Collecting
storm water and wastewater does not include treatment except where incidental
means an individual licensed by DEQ to direct and oversee specific UST
impoundment" means a natural topographic depression, human-made excavation, or
diked area formed primarily of earthen materials, although it may be lined with
human-made materials, that is not an injection well.
"Suspected release" has the same meaning
as described in OAR 340-150-0500
(82) "Tank" means a stationary device
designed to contain an accumulation of regulated substances that is constructed
of nonearthen materials (e.g. concrete, steel, plastic) that provide structural
(83) "Tightness testing"
means a method used to determine if any part of an UST system is leaking that
is used to supplement another release detection method, such as inventory
control or manual tank gauging, or to verify if a release occurred when there
is an indication a suspected release has occurred.
(84) "Temporary closure" means a halt in
operation activities of an UST system for a limited time where the UST system
will be brought back into operation or permanently decommissioned at some
future date. For example, an UST may be temporarily closed due to corrective
action activities on site, abandonment by the owner and permittee, bankruptcy
proceedings, failure to maintain a financial responsibility mechanism, sale in
progress or for any other reason a permittee may choose to stop operating the
UST. The term applies to an UST system that meets the definition of "temporary
closure" whether or not DEQ has issued a registration certificate for this
activity to the owner and permittee.
(85) "Testing" means applying a method to
determine the integrity or operational status of any part of an UST
(86) "Third party
evaluation" means an evaluation of a method or system including, but not
limited to, a release detection system or tank integrity assessment method that
is conducted by an independent organization. The evaluation includes
certification that the method evaluated will operate as designed and includes
information about any limitations of the method. As used in this definition,
"independent" means that the organization that conducted the evaluation may not
be owned, controlled by or associated with any client, industry organization or
any other institution with a financial interest in the method or system
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.
(88) "Underground area" means an underground
room, such as a basement, cellar, shaft or vault, that provides enough space
for physical inspection of the exterior of the tank situated on or above the
surface of the floor.
"Underground piping" means connected piping that is located beneath the ground
(90) "Underground storage
tank" or "UST" means any one, or a combination of tanks, including connected
underground piping that contains or used to contain a regulated substance and
the volume of which, including the volume of connected underground piping is 10
percent or more beneath the ground surface.
(91) "UST facility" means the real property
on which an UST is installed or will be installed. A UST facility encompasses
all contiguous real property owned by the same property owner associated with
the operation of the UST system.
(92) "UST services" includes, without
limitation, installing, decommissioning, modifying, testing (e.g., cathodic
protection and tank tightness) and inspecting UST systems.
(93) "UST system" or "Tank System" means an
underground storage tank, connected underground piping, underground ancillary
equipment and containment system, if any.
(94) "Wastewater treatment tank" means a tank
designed to receive and treat influent wastewater through physical, chemical or
[Note: View a PDF of Northwest Total Petroleum Analytical
Method by clicking on "Tables" link below.]