Guam § 76203 - Definitions.

§ 76203. Definitions.

(a) Aboveground Storage Tank (AST) means any storage tank fifty-five

(55) gallons or more containing a regulated substance in which greater than

ninety percent (90%) of the tank volume, including volume of the piping, is

not below the surface of the ground; or any storage tank fifty-five (55)

gallons or more containing a regulated substance situated in an underground

area, such as a basement, shaft, tunnel, or vault, if the storage tank is situated

upon or above the surface of the floor.

(b) Administrator means the Administrator of the Guam

Environmental Protection Agency.

(c) Agency means the Guam Environmental Protection Agency.

(d) Ancillary Equipment means any devices, including, but not limited

to, such as piping, fittings, flanges, valves, and pumps used to distribute,

meter, or control the flow of regulated substances to and from an AST.

(e) Board means the Board of Directors of the Guam Environmental

Protection Agency.

(f) CERCLA means the Comprehensive Environmental Response,

Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), as amended.

(g) Chapter means the Aboveground Storage of Regulated Substances

Act ([Article 1 of] Chapter 76, Title 10 GCA).

(h) Corrective Action means the investigation and cleanup of

contamination from solid and hazardous waste sites, and includes action

taken to minimize or mitigate the impact of a release from an AST or tank

system.

COL3/1/2019 21

(i) Facility means any mobile or fixed, onshore or offshore building,

property, parcel, lease, structure, installation, equipment, pipe, or pipeline

(other than a vessel or a public vessel) used in oil well drilling operations, oil

production, oil refining, oil storage, oil gathering, oil processing, oil transfer,

oil distribution, oil waste treatment, or in which oil is used. The boundaries

of a facility depend on several site-specific factors, including, but not limited

to, the ownership or operation of buildings, structures, and equipment on the

same site, and types of activity at the site. Contiguous or non-contiguous

buildings, properties, parcels, leases, structures, installations, pipes, or

pipelines under the ownership or operation of the same person may be

considered separate facilities.

(j) Gathering Lines means any pipelines, equipment, facility, or

building used in the transportation of oil or gas during oil or gas production

or gathering operations.

(k) Guarantor means any person, other than the owner or operator,

who provides evidence of financial responsibility for the AST.

(l) Hazardous Substance Aboveground Storage Tank or Hazardous

Substance Aboveground Storage Tank System means an AST or tank system

that contains a hazardous substance, as defined in Section 101(14) of

CERCLA, but not including any substance regulated as a hazardous waste

under Subtitle C of the federal Resource Conservation and Recovery Act

(RCRA), as amended, or any mixture of such substances and petroleum, and

which is not a petroleum AST or tank system.

(m) Installation means the addition or replacement of equipment.

(n) Installation Permit means a written approval from the

Administrator to construct, install, or put into place, an AST system.

(o) Inter-terminal Pipelines means pipelines that cross public and

private properties, streets, highways, railroads and utility rights-of-way and

connect installations.

(p) Maintenance means the operational upkeep to prevent an AST

system from releasing product.

(q) Motor Fuel means a petroleum or petroleum-based substance that

is motor gasoline, aviation gasoline, No.1 or No. 2 diesel fuel, any grade of

gasohol, any grade of ethanol, or any grade of bio-diesel, and that is used to

operate a motor engine.

COL3/1/2019 22

(r) Non-transportation-related Facility means a facility that stores,

processes, refines, uses, or consumes oil; a facility that is not exclusively

covered by the Department of Interior (DOI) or Department of

Transportation (DOT) and can reasonably be expected to discharge oil in

quantities that may be harmful into or upon the navigable waters of the U.S.

or adjoining shorelines.

(s) Oil means oil of any kind or in any form, including, but not limited

to: fats, oils, or greases of animals, fish, or marine mammal origin; vegetable

oils, including oils from seeds, nuts, fruits, or kernels; and other oils and

greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil

refuse, or oil mixed with wastes other than dredged spoil.

(t) Operate means to control or direct the function of an AST.

(u) Operator means any person in control of, or who is responsible

for, the daily operation of an AST.

(v) Owner means any person who owns an AST system used for the

storage, use or dispensing of regulated substances.

(w) Permit means an Installation and/or Operation Permit.

(x) Person means an individual, trust, firm, corporation, partnership,

consortium, joint venture, joint stock company, political subdivision of a

state, any interstate body, commercial entity, association, or agency,

department, instrumentality of the federal government or the government of

Guam, including autonomous agencies, or any other legal entity.

(y) Petroleum means crude oil, or a fraction thereof, that is liquid at

sixty (60) degrees Fahrenheit temperature, and 14.7 pounds per square inch

absolute pressure (normal atmospheric pressure at sea level).

(z) Petroleum-based Liquid Fuels shall mean:

(1) aviation fuels (including jet, turbine and piston fuels);

(2) automotive and other petroleum-based internal combustion

engine fuels;

(3) fuel oils and distillates fuels (turbine, boiler, and other types);

(4) heating oil and distillates;

(5) illuminating (e.g., lamp) oils;

COL3/1/2019 23

(6) gasoline and other fuel blending stocks;

(7) petroleum-based lubricating, tapping, seal, penetrating

machining, and road oils and greases (including waste oil);

(8) petroleum distillates;

(9) petroleum or petroleum-distillate based additives (including

fuel oil, ink and paint additives);

(10) petroleum solvents;

(11) petroleum spirits (e.g., mineral spirits, Stoddard solvent, paint

thinners, etc.);

(12) hydrocarbon liquids

(A) naphthas and naphthalenes of all types;

(13) olefins, alkanes, alkylates, aromatics;

(14) petroleum-based inks and ink extenders;

(15) oil-based paints, coatings, thinners and solvents;

(16) petroleum extender oils; and

(17) mineral oils (derived from petroleum).

(aa) Petroleum Marketing Facilities means all facilities at which

petroleum is produced or refined, and all facilities from which petroleum is

sold or transferred to other petroleum marketers or to the public.

(bb) Pipe or Piping means a hollow cylinder or the tubular conduit

constructed of non-earthen materials. Pipe or Piping includes elbows,

couplings, unions, valves, or other inline fixtures that contain and convey

regulated substances from an AST to a dispenser.

(cc) Pipeline Facility (including gathering lines) means new and

existing pipe rights-of-ways, and any associated equipment, facilities, or

buildings.

(dd) RCRA means the federal Solid Waste Disposal Act of 1980, as

amended by the Resource Conservation and Recovery Act of 1984, as

amended (Public Law 94-580, October 21, 1976, Public Law 87-272, Title

II, §9001, as added Public Law 98-616, Title VI, §601(a), November 8,

1984, 98 Stat. 3277, and amended Public Law 99-499, Title II, §205(a),

COL3/1/2019 24

October 17, 1986, 100 Stat. 1696; Public Law 102-508, Title III, §302,

October 24, 1992, 106 Stat. 3307; Public Law 103-429, §7(d), October 31,

1994, 108 Stat. 4389; Public Law 109-58, Title XV, §1532(a), 1533(1),

August 8, 2005, 119 Stat. 1104, 1105; 42 U.S.C. §6991c, et. seq.), and

regulations promulgated pursuant thereto.

(ee) Regulated Substance means any element, compound, mixture,

solution, or substance that, when released into the environment, may create

substantial danger to the public health, welfare, or the environment. They

include:

(1) any substance defined in Section 101(14) of CERCLA, but

not including any substance regulated as a hazardous waste under

Subtitle C of RCRA;

(2) petroleum-based liquid fuels;

(3) any grade of gasohol, ethanol, or bio-diesel; and

(4) any other substance as designated by the Administrator.

(ff) Release means the spill, leak, emission, discharge, escape,

leaching, or disposing of a regulated substance from an AST.

(gg) Secondary Containment means a component of a secondary

containment system, and means an AST and its piping having inner and

outer barriers.

(hh) Tank means an aboveground storage tank (AST).

(ii) Wellhead Protection Area means the surface and subsurface area of

any existing community water system or any existing potable drinking water

well, underground injection system, or groundwater monitoring well, and is

within a one thousand (1,000)-foot radius.