Current through Reg. 50, No. 13; March 28, 2025
The following words and terms, when used in this
subchapter, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Corrosion
specialist--A person who, by reason of a thorough knowledge of the physical
sciences and the principals 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, and who is either:
(A) certified as a corrosion specialist or a
cathodic protection specialist by NACE International; or
(B) licensed as a professional engineer by
the Texas Board of Professional Engineers in a branch of engineering that
includes education and experience in corrosion control of buried or submerged
metal piping systems and metal tanks.
(2) Corrosion technician--A person who can
demonstrate an understanding of the principals of soil resistivity, stray
current, structure-to-soil potential, and component electrical isolation
measurements as they relate to corrosion protection and control on buried or
submerged metal tanks and metal piping systems; who is qualified by appropriate
training and experience to engage in the practice of inspection and testing for
corrosion protection and control on such systems, including the inspection and
testing of all common types of cathodic protection systems; and who either:
(A) has been certified by NACE International
as a corrosion technician, corrosion technologist, or senior corrosion
technologist;
(B) is employed under
the direct supervision of a corrosion specialist (as defined in paragraph (1)
of this section), where the corrosion specialist is responsible for maintaining
control and oversight over all corrosion testing and inspection activities;
or
(C) has been officially
qualified as a cathodic protection tester, according to the assessment and
examination procedures prescribed by NACE International.
(3) Critical junctures--In the case of an
installation, repair, or removal of an underground storage tank (UST) system,
all of the following steps:
(A) preparing the
tank bedding immediately before receiving the tank;
(B) setting the tank and the piping,
including placement of any anchoring devices, backfill to the level of the
tank, and strapping, if any;
(C)
connecting piping systems to the tank;
(D) pressure testing the UST, including
associated piping, performed during the installation;
(E) completing backfill and filling the
excavation;
(F) anytime during the
repair in which the piping system is connected or reconnected to the
tank;
(G) anytime during the repair
in which the tank or its associated piping is tested; and
(H) anytime during the removal of the
UST.
(4) Engineering
construction--Construction designed by a civil or mechanical engineer, as
opposed to building construction which is designed by an architectural
engineer.
(5) Installation--The
installation of underground storage tanks and ancillary equipment, including,
but not limited to, the following activities:
(A) installation of new or used tanks at a
new or existing facility;
(B)
installation of new or replacement piping for new or existing tanks;
(C) addition of secondary containment
equipment for new or existing tanks or piping;
(D) addition or replacement of the following
types of equipment at a new or existing facility:
(i) spill and overfill prevention equipment,
as required in §
334.51 of this title (relating to
Spill and Overfill Prevention and Control); and
(ii) equipment or devices which are
permanently installed for the purpose of providing release detection or release
monitoring as required for compliance with §
334.50 of this title (relating to
Release Detection), except:
(I) observation
wells or monitoring wells (excluding equipment and devices therein) constructed
by a well driller who possesses the appropriate license required by the Texas
Occupations Code, Chapter 1901 ; or
(II) any equipment temporarily installed
solely for the purpose of conducting a tank or piping tightness test, as
defined in §
334.2 of this title (relating to
Definitions), except when a tightness test is a prescribed element of a
critical juncture of an installation, repair, or removal. Temporarily in this
context means the reasonable amount of time required to attach the equipment,
make the tests, and remove the equipment, under the given conditions at the
site;
(E)
installation or replacement of anchoring systems designed to prevent tank
flotation;
(F) installation or
replacement of vent lines at new or existing facilities;
(G) installation or replacement of
submersible pumping systems at new or existing facilities; and
(H) installation or replacement of any
underground Stage I or Stage II vapor recovery systems.
(6) On-site supervisor--An individual who
supervises the installation, repair, or removal of an underground storage tank
(UST) in the State of Texas, and who meets the licensing requirements of this
subchapter for one of the following licenses:
(A) Class A for an on-site supervisor who
supervises the installation or repair of UST systems; or
(B) Class B for an on-site supervisor who
supervises the removal of UST systems.
(C) Class A/B combination for an on-site
supervisor who supervises the installation, repair, and removal of UST
systems.
(7)
Removal--Permanent removal of an underground storage tank from service as
defined in §
334.2 of this title (relating to
Definitions) conducted according to §
334.55 of this title (relating to
Permanent Removal from Service).
(8) Repair--The modification or correction of
an underground storage tank (UST) and ancillary equipment. The term does not
include:
(A) relining a UST through the
application of epoxy resins or similar materials;
(B) performing a tightness test to ascertain
the integrity of the tank, except when a tightness test is a prescribed element
of a critical juncture of an installation, repair, or removal;
(C) maintaining and inspecting cathodic
protection devices by a corrosion specialist or corrosion technician;
(D) performing emergency actions to halt or
prevent leaks or ruptures; or
(E)
performing minor maintenance on ancillary aboveground
equipment.
(9)
Underground storage tank (UST)--Any one or combination of underground tanks and
any connecting underground pipes used to contain accumulation of regulated
substances, the volume of which, including the volume of the connecting
underground pipes, is 10% or more beneath the surface of the ground.
(10) Underground storage tank contractor (or
UST contractor)--A person that offers to undertake, represents itself as being
able to undertake, or undertakes the installation, repair, or removal of a UST,
and who meets the registration requirements of this subchapter.
(11) Underground utilities--Public
underground water systems, sanitary sewers, or storm sewers. The phrase
"underground utilities" does not include private underground pipe systems
(water or sewer piping), power or communication cables, or natural gas
lines.
