As used in this chapter:

(1) “Above ground storage tank” or “AST” means any one or combination of tanks (including the pipes connected thereto) that are used to contain an accumulation of petroleum products or other chemicals and the volume of which (including the volume of pipes connected thereto) is 90 percent or more above the surface of the ground.

(2) “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.

(3) “Commission” means the Environmental Quality Commission or its duly authorized representatives.

(4) “Compliance certificate” includes a numbered decal, file copy of the decal, and plastic fill pipe tag as described in 24.0713 and 24.0780 of these regulations.

(5) “Corrosion expert” means a person who, by reason of thorough knowledge of 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 control qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks.

(6) “Dielectric material” means a material that does not conduct direct electrical current. Dielectric coating 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)

(7) “EPA” mean the federal Environmental Protection Agency.

(8) “Existing tank system” means a tank system used to contain an accumulation of regulated substances or for which installation has commenced on or before December 22, 1988. Installation is considered to have commenced if:

(A) The owner or operator has obtained all local approvals or permits necessary to begin physical construction of the site or installation of the tank system; and if,

(B) Either:

(i) A continuous on-site physical construction or installation program has begun; or,

(ii) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss-for physical construction at the site or installation of the tank system to be completed within a reason time.

(9) “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 prior to their introduction into the production process or for the storage of finished products or by-products from the production process.

(10) “Free product” refers to a regulated substance that is present as a non-aqueous phase liquid (e.g., liquid not dissolve in water.)

(11) “Impact /Fire valve” are valves located at the surface level of pump islands, beneath each dispenser. The valves are equipped with a spring-loaded mechanism that closes instantly if the top of the valve is sheared of. The valves are also fitted with a fusible link that melts if there is a fire at the pump island. Melting of the link causes the valve to snap shut.

(12) “Implementing agency” means the American Samoa Environmental Protection Agency (ASEPA)

(13) “Interstitial area” means the area between the tank, piping and the secondary containment. For double wall tanks, it is the area between the inner and outer walls. For single wall tanks, it is the area between the tank and the vault or liner.

(14) “Maintenance” means the normal operational upkeep to prevent an underground storage tank system from releasing product.

(15) ”Motor fuel” means petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol, an and its typically used in the operation of a motor engine.

(16) ”New tank system” means any tank installed on or after December 22, 1988 and any tank required by 24.0750(5)(B) to meet the installation standards for new above ground storage tanks as appropriate. (See also “Existing tank system.”)

(17) “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 24.0770.

(18) “Operator” means any person in control of, or having responsibility for, the daily operation of the tank system.

(19) “OSHA” means the federal Occupational Safety and Health Administration.

(20) “Owner” means any person who owns a tank used for storage, use or dispensing of a regulated substance.

(21) “Person” means an individual, trust, firm, joint stock company, federal agency, corporation, state, territory, municipality, commission, political subdivision of a state or territory, interstate body, consortium, joint venture, or commercial entity.

(22) “Petroleum” means crude oil, crude oil fractions, and refined petroleum fractions including motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, used oils kerosene, and heating oils.

(23) “Pipe” or “Piping” means a hollow cylinder or tubular conduit that is constructed of nonearthen materials.

(24) “Publicly owned treatment works” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a state, territory or municipality.

(25) “Regulated substance” means:

(a) Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERLA) of 1980 (but not including any substance regulated as a hazardous waste under subtitle C), and

(b) 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 derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils,

(26) “Release” means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank or associated piping into groundwater, surface water, surface soils, or substance soils.

(27) “Release detection” means determining whether a release of regulated substance has occurred from the tank system into the environment or into the interstitial space between the tank system and its secondary barrier or secondary containment around it.

(28) “Repair” means to restore a tank or component of the tank system that has causes a release of product from the UST or AST system.

(29) “Secondary containment” means a system installed around and underground storage tank that is designed to prevent a release from migrating beyond the secondary containment system outer wall (in the case of a double-walled tank ) or excavation area (in the case of a liner or vault system) before the release can be detected. For an above ground storage tank it means a wall or dike impermeable to the material stored which will prevent the escape of the stored material outside the wall or dike.

(30) “Septic tank” means a water-tight 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.

(31) “Tank” means a stationary device designed to contain an accumulation of regulated substances, which is constructed of non-earthen material (e.g., concrete, steel, plastic) that provide structural support.

(32) “Underground storage tank” or “UST” means any one or combination of tanks (including the pipes connected thereto) that are 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 definition includes any tank situated in an underground area, if the tank is situated upon or above the surface of the floor.

History: Rule 9-88, eff 30 Aug 88, § 1; Rule 3-01, eff 30 Aug 01.