Or. Admin. Code § 340-177-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-177-0005 - Definitions

As used in this Division, the following definitions apply:

(1) "Above-Ground Release' means any release to the land surface or to surface water from the above-ground portion of a residential heating oil tank system and releases associated with overfills and transfer operations during heating oil deliveries to or dispensing from a residential heating oil tank system.

(2) "Below-Ground Release' means any release to the land subsurface having concentrations detected by the Northwest Total Petroleum Hydrocarbon Identification Analytical Method (NWTPH-HCID, DEQ, December 1996), or analytical results of 50 mg/kg or greater for Diesel/Lube Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996), or any release to groundwater having concentrations detected by any appropriate analytical method specified in OAR 340-122-0218. This includes but is not limited to releases from the below-ground portion of a residential heating oil tank and releases to the land subsurface or groundwater associated with overfills and transfer operations as the heating oil is delivered to or dispensed from a residential heating oil tank system.

(3) "Confirmed Release' means 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 analytical results of 50 mg/kg or greater for Diesel/Lube Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996), or detected in groundwater having concentrations detected by any appropriate analytical method specified in OAR 340-122-0218.

(4) "Corrective Action' has the same meaning as given in ORS 466.706.

(5) "Decommissioning' means to remove an underground storage tank from operation by an approved method specified in OAR 340-177-0025, such as abandonment in place (e.g. cleaning and filling with an inert material) or by removal from the ground.

(6) "Department' means the Oregon Department of Environmental Quality.

(7) "Excavation Zone' means an area containing a heating oil tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the heating oil tank system is placed at the time of installation.

(8) "Free Product' means petroleum in the non-aqueous phase (e.g., liquid not dissolved in water).

(9) "Groundwater' means any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir, or other body of surface water within the boundaries of the state, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves.

(10) "Heating Oil' means petroleum that is No. 1, No. 2, No. 4-Heavy, No. 5-Light, No. 5-Heavy, or No. 6-Technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); or other fuels when used as substitutes for one of these fuel oils.

(11) "Heating Oil Tank' means any one or combination of underground tanks and above-ground or underground pipes connected to the tank, which is used to contain heating oil used for space heating a building with human habitation, or water heating not used for commercial processing.

(12) "Heating Oil Tank Services' means the decommissioning of a heating oil tank or the performance of corrective action necessary as a result of a release of oil from an underground heating oil tank.

(13) "Petroleum' 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. "Petroleum' does not include any substance identified as a hazardous waste under 40 CFR Part 261.

(14) "Remediation' or "Remedial Measures' means "Remedial Action' as defined in ORS 465.200(22) and "Removal' as defined by ORS 465.200(24), and is used synonymously with the term "cleanup' in this Division.

(15) "Responsible Person' means "owner or operator' as defined in ORS 465.200(19) and any other person liable for or voluntarily undertaking remediation under 465.200, and is used synonymously with the term "tank owner' in this Division.

(16) "Service Provider' is a firm licensed to offer and perform heating oil tank services on underground heating oil tanks in Oregon.

(17) "Supervisor' means a licensed individual who is charged with the responsibility for directing and overseeing the performance of heating oil tank services at a tank site.

[NOTE: View a PDF of NW Total Petroleum Hydrocarbon Identification Metehod by clicking on "Tables" link below.]

Or. Admin. Code § 340-177-0005

DEQ 25-1998, f. & cert. ef. 11-2-98; DEQ 29-1998, f. & cert. ef. 12-22-98; DEQ 3-2000, f. & cert. ef. 2-17-00; DEQ 13-2019, amend filed 05/16/2019, effective 5/16/2019

To view tables referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 465.200-420, 466.706 & 466.850-870

Statutes/Other Implemented: ORS 465.200, 465.400, 466.706, 466.855 & 466.870