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.

Source Note: The provisions of this §30.307 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective September 27, 2007, 32 TexReg 6523; amended to be effective September 29, 2016, 41 TeReg 7489