18 Alaska Admin. Code § 78.995

Current through October 17, 2024

Section 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(10) repealed 9/27/2018;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

(B) for human health purposes, a substance that meets the criteria of a Group A or Group B carcinogen according to EPA's Guidelines for Carcinogen Risk Assessment, 51 Fed. Reg. 33992, 33999 - 34000 (Sept. 24, 1986), adopted by reference;

(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.

18 AAC 78.995

Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 1/27/94, Register 129; am 6/23/94, Register 130; am 8/4/94, Register 131; am 11/3/95, Register 136; am 1/22/99, Register 149; am 4/16/2000, Register 154; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 6/17/2015, Register 214, July 2015; am 7/1/2017,Register 222, July 2017; am 9/27/2018,Register 227, October 2018

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