reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter B - UNDERGROUND STORAGE TANK FEES › Section 334.21 - Fee Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Annual
				  facility fees shall cease to be assessed, effective September 1, 2007, and
				  shall not be assessed until such time as reinstated by the commission at an
				  amount determined appropriate by the commission, however, prior owing tank fees
				  are still due as further described. Except as provided in subsection (e) of
				  this section, an annual facility fee of $50 is assessed for each underground
				  storage tank (UST) subject to the registration provisions of §
										334.7
				  of this title (relating to Registration for Underground Storage Tanks (USTs)
				  and UST Systems). The fees shall be billed to and paid by the owner of the
				  tank.
(b) Payment of annual
				  facility fees is due within 30 days of the date the agency sends a statement of
				  the assessment to the tank owner. Annual facility fees must be paid by check,
				  certified check, or money order made payable to the Texas Commission on
				  Environmental Quality. Payments must be mailed to the address specified in the
				  billing statement.
(c) The agency
				  shall establish a schedule for billing of annual facility fees. The amount of
				  the fee to be paid, regardless of the actual billing date, shall be based on
				  the number of regulated USTs in place on or after the first day of each fiscal
				  year (September 1).
(d) An agency
				  of the federal government is not subject to an assessment under this section
				  for any revenue used to match federal funds for the remediation of leaking
				  USTs. In any fiscal year in which fee revenues are used to match federal funds
				  for remediation of a leaking UST, the agency shall determine the prorated
				  contribution of each federal UST facility to the leaking UST trust fund in that
				  year. The assessment of annual UST facility tank fees in the following year
				  shall be adjusted by crediting the account of each federal facility for the
				  excess amount paid in the previous year.
(e) An annual facility fee shall not be
				  assessed for an UST which is owned, operated, or maintained by a common carrier
				  railroad, as provided in the Texas Water Code, §
										26.344(g).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter B - UNDERGROUND STORAGE TANK FEES › Section 334.22 - Failure To Make Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) Annual facility
				  fees must be paid at the time and in the manner and amount provided by this
				  subchapter.
(b) The agency shall
				  impose interest and penalties on owners who fail to make payment of the annual
				  facility fees imposed under this subchapter when due in accordance with Chapter
				  12 of this title (relating to Payment of Fees).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter B - UNDERGROUND STORAGE TANK FEES › Section 334.23 - Disposition of Fees, Interest, and Penalties

Current through Reg. 49, No. 28; July 12, 2024
The agency shall deposit any annual facility fees
					 collected, together with all interest and penalties collected for late payment,
					 in the state treasury to the credit of the storage tank fund.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.41 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided under subsection (b) of this section, an underground storage tank
				  (UST) shall be subject to all provisions of this subchapter if such tank meets
				  the general applicability requirements of §
										334.1(b)
				  of this title (relating to Purpose and Applicability).
(b) The provisions of this subchapter shall
				  not apply to any of the following types of UST systems:
(1) in-ground hydraulic lifts which use a
				  compressed air/hydraulic fluid system (regardless of size); and
(2) Any UST system which is covered under the
				  partial exclusion provisions of §
											334.4(b)
				  of this title (relating to Exclusions for Underground Storage Tanks (USTs) and
				  UST Systems).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.42 - General Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) All components
				  of any new or existing underground storage tank (UST) system subject to the
				  provisions of this subchapter shall be designed, installed, maintained, and
				  operated in a manner that will prevent releases of regulated substances due to
				  structural failure or corrosion.
(b) Compatibility.
(1) Owners and operators must use a UST
				  system made of or lined with materials that are compatible with the substance
				  stored in the UST system.
(2)
				  Biofuels.
(A) Owners and operators must
				  notify the executive director at least 30 days prior to switching to a
				  regulated substance containing greater than 10% ethanol or greater than 20%
				  biodiesel in accordance with §
												334.6(b)(1)
				  of this title (relating to Construction Notification for Underground Storage
				  Tanks (USTs) and UST Systems). In addition, owners and operators with UST
				  systems storing these regulated substances must meet one of the following:
(i) demonstrate compatibility of the UST
				  system (including the tank, piping, containment sumps, pumping equipment,
				  release detection equipment, spill equipment, and overfill equipment). Owners
				  and operators may demonstrate compatibility of the UST system by using one of
				  the following options:
(I) certification or
				  listing of UST system equipment or components by a nationally recognized,
				  independent testing laboratory for use with the regulated substance stored
				  (such as American Petroleum Institute Recommended Practice 1626, "Storing and
				  Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and
				  Filling Stations."); or
(II) for
				  equipment or component manufacturer approval, the manufacturer's approval must
				  be in writing, indicate an affirmative statement of compatibility, specify the
				  range of biofuel blends the equipment or component is compatible with, and be
				  from the equipment or component manufacturer; or
(ii) use another option determined by the
				  executive director to be no less protective of human health and the environment
				  than the options listed in this subsection.
(B) Owners and operators must maintain
				  records in accordance with §
												334.10(b)
				  of this title (relating to Reporting and Recordkeeping) documenting compliance
				  with subparagraph (A)(i) of this paragraph for as long as the UST system is
				  used to store the regulated substance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.43 - Variances and Alternative Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Prior to proceeding in any manner that differs from the requirements of this
				  subchapter, the owner or operator of an underground storage tank (UST) system
				  shall secure written agency approval in the form of a variance in accordance
				  with this section.
(b) The agency
				  shall have authority to review and approve requests for variances from the
				  requirements in this subchapter. The agency will approve such requests only if
				  the owner or operator can demonstrate to appropriate agency staff that the
				  proposed alternative procedure and/or equipment will result in an UST system
				  that is no less protective of human health and safety and the environment than
				  the requirement(s) for which the variance is sought.
(c) An owner or operator may submit a request
				  for a variance when one or more of the following situations is applicable:
(1) when conformance with a requirement in
				  this subchapter is considered not practicable due to the type, design,
				  capacity, material stored, or use of the UST system; or
(2) when new or alternative products,
				  equipment, methods, and/or procedures appropriate for use with UST systems are
				  not specifically authorized by the provisions of this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.44 - Implementation Schedules

Current through Reg. 49, No. 28; July 12, 2024
(a) New underground
				  storage tank (UST) systems.
(1) Requirements
				  for all new UST systems. All new UST systems installed on or after the
				  effective date of this subchapter, which contain, have contained, or will
				  contain any regulated substances shall be in compliance with the following
				  requirements from the time of installation through the operational life of the
				  system.
(A) Such systems shall be designed,
				  constructed, and installed in accordance with the provisions of §
												334.45
				  of this title (relating to Technical Standards for New UST Systems) and §
												334.46
				  of this title (relating to Installation Standards for New UST
				  Systems).
(B) Such systems shall be
				  properly protected from corrosion or equipped with appropriate corrosion
				  protection equipment, as provided in §
												334.49 of
				  this title (relating to Corrosion Protection).
(C) Such systems shall be monitored for
				  releases as provided in §
												334.50 of this
				  title (relating to Release Detection).
(D) The tanks in such systems shall be
				  protected from spills and overfills, as provided in §
												334.51
				  of this title (relating to Spill and Overfill Prevention and
				  Control).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.45 - Technical Standards for New Underground Storage Tank Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) Any new underground storage
				  tank (UST) system installed on or after September 29, 1989, shall be in
				  compliance with the provisions of this section during the entire operational
				  life of the UST system.
(2) Any new
				  UST system shall be designed, installed, and operated in a manner that will
				  prevent releases due to structural failure or corrosion for the operational
				  life of the UST system.
(3) The
				  surfaces of all components of the new UST system which are in direct contact
				  with a regulated substance shall be constructed of or lined with materials that
				  are compatible with such regulated substances.
(4) All components of the new UST system
				  which convey, contain, or store regulated substances shall be properly
				  protected from corrosion in accordance with the applicable provisions in §
											334.49 of
				  this title (relating to Corrosion Protection).
(5) All tanks, piping, and other ancillary
				  equipment in a new UST system shall be installed in accordance with the
				  requirements of §
											334.46
				  of this title (relating to Installation Standards for New Underground Storage
				  Tank Systems).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.46 - Installation Standards for New Underground Storage Tank Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  installation procedures. Any new underground storage tank (UST) system
				  installed on or after September 29, 1989, shall be installed in compliance with
				  the provisions of this section.
(1)
				  Standards. All tanks, piping, and associated equipment shall be installed in
				  accordance with at least one of the following standards, as applicable:
(A) Petroleum Equipment Institute Publication
				  RP-100, "Recommended Practices for Installation of Underground Liquid Storage
				  Systems;"
(B) American Petroleum
				  Institute Publication 1615, "Installation of Underground Petroleum Storage
				  Systems;"
(C) National Fire
				  Protection Association Standard 30, "Flammable and Combustible Liquids Code"
				  and Standard 30A, "Code for Motor Fuel Dispensing Facilities and Repair
				  Garages;" or
(D) any other code or
				  standard of practice developed by a nationally recognized association or
				  independent testing laboratory that has been reviewed and determined by the
				  agency to be no less protective of human health and safety and the environment
				  than the standards described in subparagraphs (A) - (C) of this paragraph, in
				  accordance with the procedures in §
												334.43
				  of this title (relating to Variances and Alternative Procedures).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.47 - Technical Standards for Existing Underground Storage Tank Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) Alternatives for existing
				  underground storage tank (UST) systems. No later than the implementation dates
				  specified in §
											334.44(b)
				  of this title (relating to Implementation Schedules), all applicable components
				  of any existing UST system (i.e., UST system for which installation has
				  commenced or has been completed on or prior to December 22, 1988) shall be
				  either installed, upgraded, improved, or replaced with equipment or components
				  which meet or exceed either of the following requirements:
(A) the requirements for technical standards
				  and installation of new UST systems in §
												334.45
				  of this title (relating to Technical Standards for New Underground Storage Tank
				  Systems) and in §
												334.46
				  of this title (relating to Installation Standards for New Underground Storage
				  Tank Systems);
(B) the minimum
				  upgrading requirements for existing UST systems in subsection (b) of this
				  section; or
(C) National Fire
				  Protection Association Standard 30, "Flammable and Combustible Liquids Code"
				  and Standard 30A, "Code for Motor Fuel Dispensing Facilities and Repair
				  Garages."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.49 - Corrosion Protection

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) Owners and operators of
				  underground storage tank (UST) systems (or underground metal UST system
				  components) which are required to be protected from corrosion shall comply with
				  the requirements in this section to ensure that releases due to corrosion are
				  prevented.
(2) All corrosion
				  protection systems shall be designed, installed, operated, and maintained in a
				  manner that will ensure that corrosion protection will be continuously provided
				  to all underground metal components of the UST system.
(3) Any alternative methods for corrosion
				  protection or variances from the requirements of this section are prohibited,
				  except when reviewed and approved by the agency pursuant to procedures for
				  variances found in §
											334.43
				  of this title (relating to Variances and Alternative Procedures).
(4) Corrosion protection in accordance with
				  the provisions of this section shall be provided to all underground and/or
				  totally or partially submerged metal components of any existing or new UST
				  system which are designed or used to convey, contain, or store regulated
				  substances, including, but not limited to, the tanks, piping (including valves,
				  fittings, flexible connectors, swing joints, and impact/shear valves), and also
				  to other underground metal components associated with a UST system, including
				  but not limited to, secondary containment devices, manways, manholes, fill
				  pipes, vent lines, submersible pump housings, spill containers, and riser
				  pipes.
(5) For internal corrosion
				  protection, the interior bottom surface of new metal tanks installed on or
				  after September 29, 1989, shall be fitted with a striker plate under all fill,
				  gauge, and monitoring openings.
(6)
				  When provisions of this subsection require compliance with a specific code or
				  standard of practice developed by a nationally recognized association or
				  independent testing laboratory, the most recent version of the referenced code
				  in effect at the time of the regulated UST activity shall be
				  applicable.
(7) For a UST system to
				  be placed temporarily out of service, the owner or operator must comply with
				  the requirements of §
											334.54(c)
				  of this title (relating to Temporary Removal from Service).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.50 - Release Detection

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) Owners and operators of new
				  and existing underground storage tank (UST) systems shall provide a method, or
				  combination of methods, of release detection which shall be:
(A) capable of detecting a release from any
				  portion of the UST system which contains regulated substances including the
				  tanks, piping, and other underground ancillary equipment;
(B) installed, calibrated, operated,
				  maintained, utilized, and interpreted (as applicable) in accordance with the
				  manufacturer's and/or methodology provider's specifications and instructions
				  consistent with the other requirements of this section, and by personnel
				  possessing the necessary experience, training, and competence to accomplish
				  such requirements; and
(C) capable
				  of meeting the particular performance requirements of such method (or methods)
				  as specifically prescribed in this section, based on the performance claims by
				  the equipment manufacturer or methodology provider/vendor, as verified by
				  third-party evaluation conducted by a qualified independent testing
				  organization, using applicable United States Environmental Protection Agency
				  protocol, provided that the following additional requirements shall also be
				  met.
(i) Any performance claims, together
				  with their bases or methods of determination including the summary portion of
				  the independent third-party evaluation, shall be obtained by the owner and/or
				  operator from the equipment manufacturer, methodology provider, or installer
				  and shall be in writing.
(ii) When
				  any of the following release detection methods are used on or after December
				  22, 1990 (except for methods permanently installed and in operation prior to
				  that date), such method shall be capable of detecting the particular release
				  rate or quantity specified for that method such that the probability of
				  detection shall be at least 95% and the probability of false alarm shall be no
				  greater than 5.0%:
(I) tank tightness
				  testing, as prescribed in subsection (d)(1)(A) of this section;
(II) automatic tank gauging, as prescribed in
				  subsection (d)(4) of this section;
(III) automatic line leak detectors for
				  piping, as prescribed in subsection (b)(2)(A)(i) of this section;
(IV) piping tightness testing, as prescribed
				  in subsection (b)(2)(A)(ii)(I) of this section;
(V) electronic leak monitoring systems for
				  piping, as prescribed in subsection (b)(2)(A)(ii)(III) of this section;
				  and
(VI) statistical inventory
				  reconciliation (SIR), as prescribed in subsection (d)(9) of this
				  section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.53 - Reuse of Used Tanks

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) A used tank may be
				  installed or reinstalled and may be returned to service in accordance with the
				  provisions of this section, provided that the tank is designed and constructed
				  in a manner that will prevent releases of regulated substances due to
				  structural failure or corrosion for the remaining operational life of the
				  tank.
(2) Any required repairs or
				  relining of a used tank shall be in accordance with the provisions of §
											334.52
				  of this title (relating to UST System Repairs and Relining).
(3) The tank material, and any interior or
				  exterior lining material, shall be compatible with the stored regulated
				  substance.
(4) The installation or
				  reinstallation of a used tank shall be in accordance with all requirements
				  applicable to a tank installation in a new UST system, as provided in the
				  following subparagraphs.
(A) The installation
				  shall be conducted in accordance with the applicable provisions of §
												334.46
				  of this title (relating to Installation Standards for New UST
				  Systems).
(B) The tank shall be
				  equipped with appropriate spill and overfill prevention equipment, in
				  accordance with §
												334.51
				  of this title (relating to Spill and Overfill Prevention and
				  Control).
(C) A used steel tank
				  (including steel tanks with an exterior fiberglass-reinforced plastic cladding
				  or laminate) shall be equipped with a factory-installed or field-installed
				  cathodic protection system in accordance with §
												334.49(c)
				  of this title (relating to Corrosion Protection).
(D) The tank shall be equipped with
				  appropriate release detection equipment in accordance with §
												334.50 of this
				  title (relating to Release Detection).
(E) The tank shall also be equipped with
				  other tank components which shall be constructed in accordance with §
												334.45(b)(4)
				  of this title (relating to Technical Standards for New UST Systems).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.54 - Temporary Removal from Service

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. An underground storage tank (UST) system shall be considered to
				  be temporarily out of service, regardless of whether or not regulated
				  substances remain in the UST system, when the following conditions apply.
(1) The normal operation and use of the UST
				  system is deliberately, but temporarily, discontinued for any reason.
(2) The infrequent use of the UST system
				  cannot be adequately justified as part of its purpose.
(3) The operation, maintenance, and/or
				  release detection procedures are determined to be inadequate or otherwise
				  inconsistent with the monitoring procedures normally associated with in-service
				  systems of similar type and purpose.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.56 - Change to Exempt or Excluded Status

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any owner or operator who intends to change the status of an underground
				  storage tank (UST) system from regulated to exempt or excluded status must
				  determine whether the tank(s) size (if applicable) and the current and
				  anticipated use of the UST system will allow reclassification to either exempt
				  status as specified in §
										334.3
				  of this title (relating to Exemptions for Underground Storage Tanks (USTs) and
				  UST Systems), or to excluded status as specified in §
										334.4
				  of this title (relating to Exclusions for Underground Storage Tanks (USTs) and
				  UST Systems).
(b) As part of the
				  required procedure for the change in status of any UST system from regulated to
				  exempt or excluded status, the owner or operator shall determine whether or not
				  any prior release of a stored regulated substance has occurred from the system.
(1) This determination shall be made by
				  visual inspection of the area in and immediately surrounding the excavation
				  zone for any above-ground releases and for any exposed below-ground releases,
				  and by using one or both of the following methods or procedures:
(A) the continual operation (through the time
				  that the stored regulated substances are removed from the UST system) of one or
				  more of the external release monitoring and detection methods operated in
				  accordance with §334.50(d)(5) - (8) of this title (relating to Release
				  Detection); or
(B) the performance
				  of a comprehensive site assessment in accordance with the requirements of
				  subsection (c) of this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.71 - Applicability and Deadlines

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  provisions of this subchapter are applicable to owners and operators of all
				  underground storage tanks (USTs) and all petroleum product aboveground storage
				  tanks (ASTs) unless otherwise specified in Subchapters A or F of this chapter
				  (relating to General Provisions and Aboveground Storage Tanks, respectively).
				  For releases to which Chapter 350 of this title (relating to Texas Risk
				  Reduction Program) was previously applicable under former rule (i.e. releases
				  reported on or after September 1, 2003), this subchapter shall be used as of
				  the effective date of this subsection.
(b) If the release was reported to the agency
				  on or before December 22, 1998, the person performing the corrective action
				  shall meet the following deadlines:
(1) a
				  complete site assessment and risk assessment (including, but not limited to,
				  risk-based criteria for establishing target concentrations), as determined by
				  the executive director, must be received by the agency no later than September
				  1, 2002;
(2) a complete corrective
				  action plan, as determined by the executive director and including, but not
				  limited to, completion of pilot studies and recommendation of a cost-effective
				  and technically appropriate remediation methodology, must be received by the
				  agency no later than September 1, 2003. The person may, in lieu of this
				  requirement, submit by this same deadline a demonstration that a corrective
				  action plan is not required for the site in question under commission rules.
				  Such demonstration must be to the executive director's satisfaction;
(3) for those sites found under paragraph (2)
				  of this subsection to require a corrective action plan, that plan must be
				  initiated and proceeding according to the requirements and deadlines in the
				  approved plan no later than March 1, 2004;
(4) for sites which require either a
				  corrective action plan or groundwater monitoring, a comprehensive and accurate
				  annual status report concerning those activities must be submitted to the
				  agency;
(5) for sites which require
				  either a corrective action plan or groundwater monitoring, all deadlines set by
				  the executive director concerning the corrective action plan or approved
				  groundwater monitoring plan shall be met; and
(6) for sites that require either a
				  corrective action plan or groundwater monitoring, have met all other deadlines
				  under this subsection, and have submitted annual progress reports that
				  demonstrate progress toward meeting closure requirements, a site closure
				  request must be submitted to the executive director no later than September 1,
				  2011. The request must be complete, as judged by the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.72 - Reporting of Suspected Releases

Current through Reg. 49, No. 28; July 12, 2024
Owners and operators of aboveground storage tank (AST) and
					 underground storage tank (UST) systems must report to the agency within 24
					 hours (see §
										334.50(d)(9)(A)(v)
					 of this title (relating to Release Detection) for reporting requirements
					 associated with statistical inventory reconciliation inconclusive results), and
					 follow the procedures in §
										334.74
					 of this title (relating to Release Investigation and Confirmation Steps) for
					 any of the following conditions:
(1)
				  The discovery by owners and operators, or written notification by others to the
				  owner or operator, of released regulated substances at the AST or UST site or
				  in the surrounding area (such as the presence of non-aqueous phase liquids or
				  vapors in soils, basements, sewer and utility lines, and nearby surface
				  water).
(2) Unusual operating
				  conditions observed by owners or operators (such as the erratic behavior of
				  product dispensing equipment that is consistent with or indicates a release,
				  the sudden loss of product from the AST or UST system, an unexplained presence
				  of water in the tank, or liquid in the interstitial space of secondarily
				  contained systems), unless:
(A) the system
				  equipment or component is found not to be releasing regulated substances to the
				  environment;
(B) any defective
				  system equipment or component is immediately repaired or replaced;
				  and
(C) for secondarily contained
				  systems, except as provided for in §
											334.50(d)(8)(C)
				  of this title, any liquid in the interstitial space not used as part of the
				  interstitial monitoring method (for example, brine filled) is immediately
				  removed.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.73 - Investigation Due to Off-Site Impacts

Current through Reg. 49, No. 28; July 12, 2024
When required by the agency, owners and operators of
					 aboveground storage tank (AST) or underground storage tank (UST) systems must
					 follow the procedures in §
										334.74
					 of this title (relating to Release Investigation and Confirmation Steps) to
					 determine if the AST or UST system is the source of off-site impacts. These
					 impacts include the discovery of regulated substances (such as the presence of
					 Non-Aqueous Phase Liquids (NAPLs) or vapors in soils, basements, sewer and
					 utility lines, and nearby surface and drinking waters) that have been observed
					 by agency staff or brought to the agency's attention by another
					 party.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.74 - Release Investigation and Confirmation Steps

Current through Reg. 49, No. 28; July 12, 2024
Unless corrective action is initiated in accordance with
					 §§
										334.76-
					 334.81 of
					 this title (relating to Initial Response to Releases; Initial Abatement
					 Measures and Site Check; Site Assessment; Removal of Non-Aqueous Phase Liquids
					 (NAPLs); Investigation for Soil and Groundwater Cleanup; and Corrective Action
					 Plan), owners or operators must immediately investigate and confirm all
					 suspected releases of regulated substances requiring reporting under §
										334.72
					 of this title (relating to Reporting of Suspected Releases) within 30 days,
					 using either the following steps or another procedure and schedule approved or
					 required by the agency.
(1) System
				  test. Owners or operators must conduct tests according to the requirements for
				  tightness testing in §
										334.50 of this
				  title (relating to Release Detection) and secondary containment testing
				  described in §
										334.48(e)
				  of this title (relating to General Operating and Management Requirements), as
				  appropriate.
(A) The test must determine
				  whether:
(i) a leak exists in the portion of
				  the tank that routinely contains product or the attached delivery piping;
				  or
(ii) a breach of either wall of
				  the secondary containment has occurred.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.75 - Reporting and Cleanup of Surface Spills and Overfills

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners and operators of aboveground
				  storage tanks (AST) and underground storage tank (UST) systems must contain and
				  immediately clean up a spill or overfill, report the spill or overfill to the
				  agency within 24 hours, and begin corrective action in accordance with
				  §§
										334.76-334.81 of
				  this title (relating to Initial Response to Releases; Initial Abatement
				  Measures and Site Check; Site Assessment; Removal of Non-Aqueous Phase Liquids;
				  Investigation for Soil and Groundwater Cleanup; and Corrective Action Plan) in
				  the following cases:
(1) any spill or
				  overfill of petroleum substance from an UST or any spill or overfill of
				  petroleum product from an AST that results in a release to the environment that
				  exceeds 25 gallons, or that causes a sheen on nearby surface water;
				  and
(2) any spill or overfill of a
				  hazardous substance that results in a release from an UST to the environment
				  that equals or exceeds its reportable quantity under the Comprehensive
				  Environmental Response, Compensation, and Liability Act (CERCLA) (40 Code of
				  Federal Regulations (CFR) Part 302).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.76 - Initial Response to Releases

Current through Reg. 49, No. 28; July 12, 2024
Upon confirmation of a release in accordance with §
										334.74
					 of this title (relating to Release Investigation and Confirmation Steps) or
					 after a release from the aboveground storage tank (AST) or underground storage
					 tank (UST) system is identified in any other manner, owners and operators must
					 perform the following initial response actions within 24 hours of a
					 release:
(1) report the release to the
				  agency (e.g., by completed telephone call, facsimile transmission, or
				  electronic mail);
(2) take
				  immediate action to prevent any further release of the regulated substance into
				  the environment, including shutting down the leaking AST or UST system as
				  determined necessary; and
(3)
				  identify and mitigate fire, explosion, and vapor hazards.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.77 - Initial Abatement Measures and Site Check

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless directed to do otherwise by the
				  agency, owners and operators must perform the following abatement measures:
(1) remove as much of the regulated substance
				  from the aboveground storage tank (AST) or underground storage tank (UST)
				  system as is necessary to prevent further release to the environment;
(2) visually inspect any aboveground releases
				  or exposed below ground releases and prevent further migration of the released
				  substance into surrounding soils and groundwater;
(3) continue to monitor and mitigate any
				  additional fire and safety hazards posed by vapors or free product that have
				  migrated from the AST or UST excavation zone and entered into subsurface
				  structures (such as sewers or basements);
(4) remedy hazards posed by contaminated
				  soils that are excavated or exposed as a result of release confirmation, site
				  investigation, abatement, or corrective action activities. If these remedies
				  include treatment or disposal of soils, the owner and operator must comply with
				  applicable state and local requirements;
(5) measure for the presence of a release
				  where contamination is most likely to be present at the AST or UST site, unless
				  the presence and source of the release have been confirmed in accordance with
				  the site check required by §
											334.74
				  of this title (relating to Release Investigation and Confirmation Steps) or the
				  closure site assessment of §
											334.55(e)
				  of this title (relating to Permanent Removal from Service). In selecting sample
				  types, sample locations, and measurement methods, the owner and operator must
				  consider the nature of the stored substance, the type of backfill, depth to
				  groundwater, and other factors as appropriate for identifying the presence and
				  source of the release; and
(6)
				  investigate to determine the possible presence of Non-Aqueous Phase Liquids
				  (NAPLs) and begin NAPL removal as soon as practicable and in accordance with
				  §
											334.79
				  of this title (relating to Removal of Non-Aqueous Phase Liquids).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.78 - Site Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  directed to do otherwise by the agency, owners and operators must assemble
				  information about the site and the nature of the release, including information
				  gained while confirming the release or completing the initial abatement measure
				  in §
										334.75
				  and §
										334.76
				  of this title (relating to Reporting and Cleanup of Surface Spills and
				  Overfills; and Initial Response to Releases). This information must include,
				  but is not necessarily limited to the following:
(1) data on the nature, cause, and estimated
				  quantity of release;
(2) data from
				  available sources and/or site investigations concerning the following factors:
				  surrounding populations, water quality, use and approximate locations of wells
				  potentially affected by the release, subsurface soil conditions, locations of
				  subsurface sewers, climatological conditions, and land use;
(3) results of the site check required under
				  §
											334.77
				  of this title (relating to Initial Abatement Measures and Site
				  Check);
(4) results of the
				  Non-Aqueous Phase Liquids (NAPLs) investigations required under §
											334.77
				  of this title, to be used by owners and operators to determine whether free
				  product must be recovered under §
											334.79
				  of this title (relating to Removal of Non-Aqueous Phase Liquids
				  (NAPLs));
(5) at a minimum, a
				  determination of the degree and lateral and vertical extent of the on-site
				  contaminated area (soil and groundwater) as required by the agency;
(6) identification of all potential exposure
				  pathways as required by the agency;
(7) a determination of the site
				  classification, in accordance with subsection (b) of this section;
(8) an evaluation of the site pursuant to
				  §
											334.203(1)
				  of this title (relating to Risk-Based Criteria For Establishing Target
				  Concentrations); and
(9) any other
				  related information requested by the agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.79 - Removal of Non-Aqueous Phase Liquids (NAPLs)

Current through Reg. 49, No. 28; July 12, 2024
At sites where investigations under §
										334.77
					 of this title (relating to Initial Abatement Measures and Site Check), or by
					 other means, indicate the presence of Non-Aqueous Phase Liquids (NAPLs), owners
					 and operators must remove NAPLs to the maximum extent practicable as determined
					 by the agency while continuing, as necessary, any actions required under §
										334.80
					 and §
										334.81 of
					 this title (relating to Investigations for Soil and Groundwater Cleanup; and
					 Corrective Action Plan). In meeting the requirements of this section, owners
					 and operators must:
(1) conduct NAPL
				  removal in a manner that minimizes the spread of contamination into previously
				  uncontaminated zones by using recovery and disposal techniques appropriate to
				  the hydrogeologic conditions at the site, and that properly treats, discharges,
				  or disposes of recovery by-products in compliance with applicable local, state,
				  and federal regulations;
(2) abate
				  the migration of NAPLs as a minimum objective for the design of the NAPL
				  recovery system;
(3) handle any
				  regulated substances in a safe and competent manner to prevent fires,
				  explosions, or other health hazards; and
(4) unless directed to do otherwise, prepare
				  and submit to the agency, within 45 days after confirming a release, a product
				  recovery report that provides at least the following information:
(A) the name of the person(s) responsible for
				  implementing the NAPL removal measures;
(B) the estimated quantity, type, and
				  thickness of NAPL observed or measured in wells, boreholes, and
				  excavations;
(C) detailed
				  information pertaining to the type of NAPL recovery system used;
(D) whether any discharge will take place
				  on-site or off-site during the recovery operation and where this discharge will
				  be located;
(E) the type of
				  treatment applied to, and the effluent quality expected from any
				  discharge;
(F) the steps that have
				  been, or are being taken to obtain necessary permits or other authorizations
				  for any discharge;
(G) the
				  disposition of the recovered NAPL; and
(H) any other related information requested
				  by the agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.80 - Investigation for Soil and Groundwater Cleanup

Current through Reg. 49, No. 28; July 12, 2024
(a) To determine the full extent and location
				  of soils contaminated by the release, the presence and concentrations of
				  dissolved regulated substance contamination in the groundwater, and the risk
				  associated with the release, owners and operators must conduct investigations
				  of the release, the release site, and the surrounding area (including adjacent
				  areas not under ownership by the owner or operator) as necessary to determine
				  the extent of the release if any of the following conditions exist:
(1) there is evidence that groundwater wells
				  have been affected by the release (e.g., as found during release confirmation
				  or previous corrective action measures);
(2) Non-Aqueous Phase Liquid is found to need
				  recovery in compliance with §
											334.79
				  of this title (relating to Removal of Non-Aqueous Phase Liquids
				  (NAPLs));
(3) there is evidence
				  that contaminated soils may be in contact with groundwater (e.g., as found
				  during conduct of the initial response measures or investigations required
				  under §§
											334.75-334.79
				  of this title (relating to Reporting and Cleanup of Surface Spills and
				  Overfills; Initial Response to Releases; Initial Abatement Measures and Site
				  Check; Site Assessment; and Removal of Non-Aqueous Phase Liquids (NAPLs));
				  or
(4) the agency requests an
				  investigation, based on the potential effects of contaminated soil or
				  groundwater on nearby surface water or groundwater resources.