reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter B - REGISTRATION, CERTIFICATES, AND FEES › Section 337.11 - Dry Cleaner Registration Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before the executive director evaluates a registration to determine if a
				  registration certificate should be issued, each registration must be
				  administratively complete. A registration is not administratively complete if:
(1) the registration form has not been
				  completed and submitted to the agency in accordance with this
				  chapter;
(2) the registration form
				  does not contain all requested information with clear, legible, and true
				  responses;
(3) all fees, penalties,
				  and interest owed to the agency have not been paid; or
(4) the comptroller reports to the executive
				  director that the owner is not in good standing with the state or that the
				  owner's application information does not agree with the comptroller's
				  information. However, if the comptroller does not respond to the agency's
				  request for verification within three business days in accordance with Texas
				  Health and Safety Code, §
											374.102(f),
				  the executive director shall not be prohibited from determining that the
				  registration is administratively complete.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter B - REGISTRATION, CERTIFICATES, AND FEES › Section 337.12 - Registration for Distributors

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Registration.
(1) Any distributor as defined
				  in §
											337.3 of
				  this title (relating to Definitions) in operation on or after September 1,
				  2003, shall register with the agency in accordance with this section.
(2) The distributor is responsible for
				  compliance with the registration requirements of this section. A distributor
				  may designate a legally authorized representative to complete and submit the
				  required registration information. However, the distributor remains responsible
				  for compliance with the provisions of this section by such
				  representative.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter B - REGISTRATION, CERTIFICATES, AND FEES › Section 337.13 - Distributor Registration Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Completion of the dry cleaning solvent distributor report form. Upon the
				  executive director's determination that a submitted dry cleaning solvent
				  distributor report form has been completed in accordance with this chapter and
				  that all fees, penalties, and interest owed to the agency have been paid, a
				  distributor registration certificate will be issued for the place of business
				  covered by that registration. This certificate is necessary for the delivery of
				  dry cleaning solvent under §
										337.4
				  of this title (relating to General Prohibitions and Requirements).
(b) Incomplete or inaccurate dry cleaning
				  solvent distributor report form or nonpayment. The executive director will not
				  issue a distributor registration certificate for dry cleaning solvent
				  distributor report forms determined by the executive director to be incomplete
				  or inaccurate (including illegible or unclear information) or if any fees,
				  penalties, or interest are owed to the agency. In order for a form to be
				  complete, the form must contain all requested information with clear, legible,
				  and true responses.
(c) Issuance of
				  a registration certificate. The executive director's issuance of a registration
				  certificate for a distributor does not constitute agency certification or
				  affirmation of the compliance status of a location with this chapter, the Texas
				  Water Code, or the Texas Health and Safety Code; or preclude the agency from
				  investigating a location and pursuing enforcement action when apparent
				  violations are discovered.
(d)
				  Registration certificate availability.
(1)
				  Prior to delivery of any dry cleaning solvent, a distributor shall make
				  available to a person purchasing dry cleaning solvent a valid, current agency
				  distributor registration certificate, or a legible copy of the
				  certificate.
(2) A distributor
				  shall immediately display, upon request by agency staff, a valid, current
				  agency registration certificate for a place of business.
(3) A distributor shall display the original
				  agency registration certificate at the place of business. The original
				  registration certificate must be posted in a public area where the certificate
				  is clearly visible.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter B - REGISTRATION, CERTIFICATES, AND FEES › Section 337.14 - Registration Fees for Dry Cleaning Facilities and Drop Stations

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for
				  registration fees payable for operations conducted before September 1, 2005,
				  each owner of an operating dry cleaning facility or dry cleaning drop station
				  shall pay the registration fees set forth in Texas Health and Safety Code,
				  §
										374.102.
				  The owner of the dry cleaning facility or dry cleaning drop station on or after
				  September 1 of each state fiscal year is responsible for the registration fees
				  owed for the state fiscal year beginning on September 1. However, if a person
				  acquires a dry cleaning facility or dry cleaning drop station that does not
				  have a current registration certificate, the facility or drop station would
				  have to be registered and the fee paid before a current registration
				  certificate would be issued.
(b)
				  Registration fees payable for operation of a facility or drop station before
				  September 1, 2005, will be assessed and payable at the rates in effect before
				  September 1, 2005.
(c) The annual
				  registration fee may be divided into quarterly payments and billed on dates
				  established by the executive director. Payment in full is due within 30 days of
				  the agency invoice date. The fees must be paid by check, certified check, money
				  order, or electronic funds transfer made payable to the "Texas Commission on
				  Environmental Quality."
(d) The
				  registration certificate will not be issued until registration fees, penalties,
				  and interest assessed are paid in full.
(e) Owners that fail to pay registration fees
				  when due shall pay penalties and interest 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 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter B - REGISTRATION, CERTIFICATES, AND FEES › Section 337.15 - Solvent Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (b) of this section, an owner of a dry cleaning facility
				  shall pay to the distributor the fees for the purchase of dry cleaning
				  solvents, including reclaimed or recycled solvents, as set forth in Texas
				  Health and Safety Code, §
										374.103.
(b) The following are exempt from the fees
				  required in subsection (a) of this section:
(1) a nonparticipating facility or drop
				  station as designated in accordance with Texas Health and Safety Code, §
											374.104,
				  for which the owner has submitted the appropriate affidavit to the executive
				  director and received a nonparticipating non-perchloroethylene user
				  registration certificate; and
(2)
				  an owner to whom the executive director has issued a participating
				  non-perchloroethylene user registration certificate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter B - REGISTRATION, CERTIFICATES, AND FEES › Section 337.16 - Registration by Property Owner or Preceding Property Owner

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration.
(1) To be eligible to participate in Dry
				  Cleaning Facility Release Fund benefits, a property owner or preceding property
				  owner must register with the agency in accordance with this section.
(2) Prior to applying for corrective action
				  at a site under the Dry Cleaning Facility Release Fund, a property owner or
				  preceding property owner must register the site in accordance with subsection
				  (c) of this section and hold a registration certificate in accordance with
				  §
											337.17
				  of this title (relating to Property Owner or Preceding Property Owner
				  Registration Certificate).
(3)
				  Registration under this section is due by December 31, 2007. In order to
				  register a site after December 31, 2007, a property owner or preceding property
				  owner must first pay all past annual registration fees and any late fees due
				  pursuant to Texas Health and Safety Code, §
											374.1022(c).
(4) A property owner or preceding property
				  owner who registers a site under this section is responsible for compliance
				  with the registration requirements of this section. A property owner or
				  preceding property owner may designate a legally authorized representative to
				  complete and submit the required registration information. However, the
				  property owner or preceding property owner remains responsible for compliance
				  with the provisions of this section by such representative.
(5) All sites registered under this section
				  are subject to the fee and payment requirements of §
											337.18
				  of this title (relating to Registration Fees for Property Owners and Preceding
				  Property Owners).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter B - REGISTRATION, CERTIFICATES, AND FEES › Section 337.17 - Property Owner or Preceding Property Owner Registration Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Before the
				  executive director evaluates a registration to determine if a registration
				  certificate should be issued, each registration must be administratively
				  complete. A registration is not administratively complete if:
(1) the registration form has not been
				  completed and submitted to the agency in accordance with this
				  chapter;
(2) the registration form
				  does not contain all requested information with clear, legible, and true
				  responses; or
(3) all fees,
				  penalties, and interest owed to the agency have not been paid.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter B - REGISTRATION, CERTIFICATES, AND FEES › Section 337.18 - Registration Fees for Property Owners and Preceding Property Owners

Current through Reg. 49, No. 28; July 12, 2024
(a) A property
				  owner or preceding property owner who registers a site pursuant to §
										337.16
				  of this title (relating to Registration by Property Owner or Preceding Property
				  Owner) shall pay the annual registration fee and any applicable past annual
				  registration fees and late fees set forth in Texas Health and Safety Code
				  (THSC), §374.1022 for each registered site.
(b) The annual registration fee may be
				  divided into quarterly payments and billed on dates established by the
				  executive director. A property owner or preceding property owner who registers
				  a site pursuant to §
										337.16
				  of this title on or after the first day of a billing quarter is responsible for
				  the registration fee due for the entire billing quarter.
(c) Past annual registration fees and late
				  fees must be paid in full at the time of registration and may not be divided
				  into quarterly payments.
(d)
				  Payment in full is due within 30 days of the agency invoice date. The fees must
				  be paid by check, certified check, money order, or electronic funds transfer
				  made payable to the "Texas Commission on Environmental Quality."
(e) The registration certificate will not be
				  issued until all registration fees and any late fees due pursuant to THSC,
				  §374.1022, in addition to any penalties and interest assessed, are paid in
				  full.
(f) Property owners or
				  preceding property owners who fail to pay registration fees when due shall pay
				  penalties and interest in accordance with Chapter 12 of this title (relating to
				  Payment of Fees).
(g) A property
				  owner or preceding property owner who has registered a site pursuant to §
										337.16
				  of this title must continue to pay annual registration fees in accordance with
				  THSC, §374.1022 for the duration of corrective action at the site under
				  the Dry Cleaning Facility Release Fund.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter C - PERFORMANCE STANDARDS AND WASTE REMOVAL › Section 337.20 - Performance Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  Unless otherwise specifically stated, these performance standards apply to all
				  dry cleaning facilities, including those that have a nonparticipating
				  non-perchloroethylene user certificate.
(b) Compliance deadlines.
(1) Unless otherwise specifically stated in
				  this section, owners of all operating dry cleaning facilities must comply with
				  this section by the deadlines set forth in Texas Health and Safety Code, §
											374.052(a)
				  and House Bill 1366 (Chapter 540, §3(b)), 78th Legislature, May 24,
				  2003.
(2) Owners of all new dry
				  cleaning facilities shall construct and operate the facilities in compliance
				  with this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter C - PERFORMANCE STANDARDS AND WASTE REMOVAL › Section 337.21 - Removal of Dry Cleaning Solvents and Wastes

Current through Reg. 49, No. 28; July 12, 2024
(a) Disposal of dry cleaning wastes. Each
				  owner of a dry cleaning facility shall ensure that all dry cleaning wastes are
				  disposed of in accordance with §
										337.20 of
				  this title (relating to Performance Standards).
(b) Dry cleaning facility that ceases
				  operation. Each owner of a dry cleaning facility that ceases operation as a dry
				  cleaning facility for 180 continuous days shall ensure that dry cleaning
				  solvent (including dry cleaning solvent remaining in any dry cleaning machine),
				  dry cleaning wastewater, and waste materials containing dry cleaning solvent,
				  are removed from the dry cleaning facility within 30 days after the end of the
				  180-day period. An owner of a dry cleaning facility shall ensure that the dry
				  cleaning solvent and solvent-containing residue from a dry cleaning machine is
				  removed prior to the dry cleaning machine being disposed of, recycled, or
				  reused.
(c) Dry cleaning machines
				  temporarily removed from service.
(1) Dry
				  cleaning machines that are temporarily removed from service for more than 180
				  days must be empty within 30 days after the end of the 180-day period and must
				  meet all applicable performance standards until empty.
(2) Each owner of a dry cleaning facility
				  shall ensure that weekly inspections are continued on any dry cleaning machine
				  that is temporarily removed from service and is not empty.
(3) Prior to a dry cleaning machine being put
				  back in service, the owner of a dry cleaning facility must ensure that the
				  machine meets all applicable performance standards.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter C - PERFORMANCE STANDARDS AND WASTE REMOVAL › Section 337.22 - 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, a person shall secure written approval from the executive director
				  in the form of a variance in accordance with this section.
(b) The executive director may review and
				  approve requests for variances that meet the requirements in this section. The
				  executive director will approve such requests only if the person requesting the
				  variance can demonstrate to the executive director that the proposed
				  alternative procedure and/or equipment is no less protective of human health
				  and safety and the environment than the requirement(s) for which the variance
				  is sought.
(c) Any request to the
				  executive director for approval of a variance must be made in writing, signed
				  and dated by the person requesting the variance, and accompanied by the
				  following additional documentation:
(1)
				  proposed date for implementation of the alternative procedure and/or
				  equipment;
(2) sufficient
				  documentation to describe or illustrate the alternative procedure and/or
				  equipment, such as:
(A) plans, drawings, and
				  detail sheets (drawn to scale);
(B)
				  design and construction specifications; and
(C) equipment manufacturers' specifications,
				  operating instructions, and warranty information;
(3) documentation and supporting data that
				  demonstrate, to the satisfaction of the executive director, the reliability and
				  appropriateness of the proposed procedure and/or equipment;
(4) complete explanation of the reasons why
				  the proposed procedure and/or equipment are considered preferable to the
				  requirement for which the variance is sought or why that requirement is
				  considered impracticable for the specified facility;
(5) documentation that demonstrates, to the
				  satisfaction of the executive director, that use of the proposed alternative
				  procedure and/or equipment will be no less protective of human health and
				  safety and the environment than adhering to the requirement(s) for which the
				  variance is sought; and
(6) if the
				  person requesting the variance is the owner or a representative of the owner of
				  a dry cleaning facility, the request must also include:
(A) written concurrence by the location
				  owner, if different from the dry cleaning facility owner; and
(B) complete project identification,
				  including:
(i) location name, address, and
				  location identification number (if known);
(ii) location owner's name, address, and
				  telephone number; and
(iii) name,
				  address, and telephone number of dry cleaning facility owner's/operator's
				  authorized representative.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter D - PRIORITIZATION AND RANKING › Section 337.30 - Prioritization of Sites

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director will prioritize sites for corrective action as follows.
(1) A site will only be eligible for
				  prioritization if it has been ranked with the dry cleaning site ranking
				  system.
(2) Sites will be
				  prioritized at least semiannually beginning on January 1 and July 1.
				  Administratively and technically complete applications must be received on or
				  before March 1 of each year to ensure consideration for prioritization starting
				  July 1. Applications must be received on or before September 1 of each year to
				  ensure consideration for prioritization starting January 1. The prioritization
				  will be based on the ranking effective January 1 or July 1 and other
				  considerations outlined in subsection (b) of this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter D - PRIORITIZATION AND RANKING › Section 337.32 - Denial and Removal of Sites from Ranking

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director may deny or remove
				  from ranking a site if:
(1) the owner of the
				  dry cleaning facility or dry cleaning drop station is held responsible for the
				  costs of corrective action under Texas Health and Safety Code, §
											374.202;
(2) the applicant denies access or
				  unreasonably hinders or delays corrective action at the site;
(3) the applicant has failed to pay fees,
				  penalties, and interest that the applicant is required to pay pursuant to this
				  chapter;
(4) the applicant has
				  failed to register any dry cleaning facility or dry cleaning drop station that
				  the applicant was required to register; or
(5) the applicant does not pay the deductible
				  or provide satisfactory proof of expenditures to apply against the deductible
				  in accordance with Subchapter E of this chapter (relating to Deductible) within
				  the required time frames.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter E - DEDUCTIBLE › Section 337.40 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible
				  costs incurred by an applicant in performance of technical and scientific
				  investigations, assessments, or corrective action associated with the site and
				  related to the release of a dry cleaning solvent may be credited against the
				  deductible required under Texas Health and Safety Code, §
										374.203.
(b) Eligible costs for credit against the
				  deductible are only those costs submitted with the application for ranking
				  package that are reasonable and appropriate costs for reasonable and
				  appropriate actions as determined by the executive director.
(c) If the deductible is not met by eligible
				  costs, the applicant shall submit a non-refundable payment of the difference at
				  the time the application for ranking is submitted.
(d) In the case of multiple applications for
				  the same dry cleaning facility, each applicant must individually meet the
				  deductible requirements in this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter E - DEDUCTIBLE › Section 337.41 - Evidence of Eligible Costs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Evidence of eligible costs must be submitted with the application for ranking
				  package and must contain:
(1) legible copies
				  of invoices, providing a description of:
(A)
				  any work performed;
(B) who
				  performed the work;
(C) where the
				  work was performed;
(D) the dates
				  that the work was performed;
(E)
				  the unit cost; and
(F) the total
				  amount paid; and
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter F - CORRECTIVE ACTION › Section 337.50 - Corrective Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Corrective
				  action will be conducted under Chapter 350 of this title (relating to Texas
				  Risk Reduction Program) or other guidance established by the executive
				  director.
(b) Corrective action at
				  a site may be postponed or suspended indefinitely in order to make money
				  available for corrective action at a site with a higher priority.
(c) Postponement or suspension of corrective
				  action under subsection (b) of this section does not mean that the cleanup
				  standards under Chapter 350 of this title have been met.
(d) Corrective action will allow for the use
				  of new technologies as they become available.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter F - CORRECTIVE ACTION › Section 337.51 - Eligibility for Corrective Action

Current through Reg. 49, No. 28; July 12, 2024
An owner or other person is eligible to have corrective
					 action costs paid by the Dry Cleaning Facility Release Fund if:
(1) the owner or other person is eligible to
				  apply for a site to be ranked under §
										337.31(a)(2)
				  of this title (relating to Ranking of Sites);
(2) an application for ranking package under
				  §
										337.31(a)(3)
				  of this title has been properly submitted to, and accepted by, the executive
				  director as administratively and technically complete;
(3) the owner or other person is not
				  currently in violation of this chapter; and
(4) the owner or other person is not
				  otherwise ineligible for corrective action under this chapter or Texas Health
				  and Safety Code, Chapter 374.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter F - CORRECTIVE ACTION › Section 337.52 - Site Restrictions Upon Commencement of Corrective Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Once corrective
				  action under this chapter has begun at a site, perchloroethylene may not be
				  used at that site.
(b) Following
				  the commencement of corrective action under this chapter, a written notice will
				  be filed in the real property records of the county or counties in which the
				  site is located to notify future property owners that perchloroethylene may not
				  be used at that site.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter F - CORRECTIVE ACTION › Section 337.53 - Withdrawal of Site from the Dry Cleaner Remediation Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Once corrective action costs have been
				  incurred at a site by the Dry Cleaner Remediation Program (the commission
				  program that administers the Dry Cleaning Facility Release Fund), an applicant
				  may not withdraw the site from the Dry Cleaner Remediation Program prior to
				  completion of corrective action at the site.
(b) Notwithstanding subsection (a) of this
				  section, in the event that corrective action has been suspended, postponed, or
				  terminated at a site pursuant to §
										337.30 of
				  this title (relating to Prioritization of Sites) or §
										337.50 of this
				  title (relating to Corrective Action), an applicant may request to withdraw the
				  site from the Dry Cleaner Remediation Program. An applicant may withdraw a site
				  pursuant to this subsection only upon the express approval of the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter G - NON-PERCHLOROETHYLENE USERS, FACILITIES, AND DROP STATIONS › Section 337.61 - Nonparticipating Non-Perchloroethylene User Registration Certificate

Current through Reg. 49, No. 28; July 12, 2024
To obtain a nonparticipating non-perchloroethylene user
					 registration certificate, an owner of a dry cleaning facility or dry cleaning
					 drop station must meet the requirements of Texas Health and Safety Code, §
										374.104
					 and swear in an affidavit approved by the executive director that:
(1) the owner has never used or allowed the
				  use of the dry cleaning solvent perchloroethylene at any dry cleaning facility
				  or drop station in the state;
(2)
				  the dry cleaning solvent perchloroethylene has never been used at the location
				  to which the nonparticipating non-perchloroethylene user registration
				  certificate would apply;
(3) the
				  owner will not now or ever use or allow the use of perchloroethylene at the
				  location to which the nonparticipating non-perchloroethylene user registration
				  certificate would apply; and
(4)
				  the owner was the owner of the dry cleaning facility or dry cleaning drop
				  station on January 1, 2004, and was eligible to file the option not to
				  participate on or before January 1, 2004, and inadvertently failed to file
				  before that date.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter G - NON-PERCHLOROETHYLENE USERS, FACILITIES, AND DROP STATIONS › Section 337.62 - Nonparticipating Non-Perchloroethylene Facilities and Drop Stations

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with Texas Health and Safety Code, §
										374.104,
				  after a dry cleaning facility or drop station is designated as
				  nonparticipating:
(1) the dry cleaning
				  facility or drop station is not eligible for any expenditures of money from the
				  Dry Cleaning Facility Release Fund or other benefits of participation for that
				  facility or drop station;
(2) that
				  dry cleaning facility or drop station may not later become a participating
				  facility or drop station, regardless of whether the owner of the facility, the
				  owner of the drop station, or the owner of the real property is applying for
				  participation in Dry Cleaning Facility Release Fund benefits; and
(3) perchloroethylene must never be used at
				  that facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter G - NON-PERCHLOROETHYLENE USERS, FACILITIES, AND DROP STATIONS › Section 337.63 - Owner Affiliation

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this subchapter, the term "owner"
					 includes any entity or person affiliated with the owner through:
(1) any relationship within the third degree
				  of consanguinity or second degree of affinity as described in Texas Government
				  Code, Chapter 573, Subchapter B;
(2) any contractual, corporate, or financial
				  relationship (other than a contractual, corporate, or financial relationship
				  that is created solely by the instruments by which title to the facility is
				  conveyed or financed, by a contract for the sale of goods or services, or by a
				  contract for employment); or
(3)
				  the result of a reorganization of a business entity that used or uses
				  perchloroethylene.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter G - NON-PERCHLOROETHYLENE USERS, FACILITIES, AND DROP STATIONS › Section 337.64 - Retaining Nonparticipating Status for a Drop Station Moved to a New Location

Current through Reg. 49, No. 28; July 12, 2024
(a) To retain the
				  nonparticipating status of a drop station when that drop station is moved to a
				  new location, the owner of the drop station must:
(1) Hold a current nonparticipating
				  non-perchloroethylene user registration certificate for the drop station
				  pursuant to §
											337.61
				  of this title (relating to Nonparticipating Non-Perchloroethylene User
				  Registration Certificate);
(2)
				  Submit updated registration information for the drop station pursuant to §
											337.10
				  of this title (relating to Registration for Dry Cleaning Facilities and Drop
				  Stations);
(3) Continue to meet all
				  requirements of Texas Health and Safety Code, §
											374.104
				  and of this subchapter; and
(4)
				  Swear in an affidavit approved by the executive director that:
(A) the dry cleaning solvent
				  perchloroethylene has never been used at the new location to which the
				  nonparticipating non-perchloroethylene user registration certificate would now
				  apply; and
(B) the owner will not
				  now or ever use or allow the use of perchloroethylene at the new location to
				  which the nonparticipating non-perchloroethylene user registration certificate
				  would now apply.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter H - RECORDKEEPING › Section 337.70 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Maintenance
				  of records. All records required to be maintained by this chapter must be
				  available for examination and copying by the executive director at all
				  reasonable times. Upon request, all records required by this chapter must be
				  assembled at a single location within the State of Texas.
(b) Records retention. A person that is
				  required to keep records under this chapter shall keep those records for a
				  minimum of five years from the date on which the record is made.
(c) Penalties for records violations. A
				  person that violates this subchapter shall be subject to any action authorized
				  by law to secure compliance, including the assessment of administrative
				  penalties or civil penalties as prescribed by law, and the suspension or
				  revocation of registration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter H - RECORDKEEPING › Section 337.71 - Distributors

Current through Reg. 49, No. 28; July 12, 2024
Distributors shall maintain books, financial records,
					 documents, and other evidence for sales of dry cleaning solvents and the fees
					 collected and paid to the agency as required by this chapter. The records must
					 include copies of all invoices for dry cleaning solvent sales and purchases
					 showing the facility registration numbers, name, type, and quantity of the dry
					 cleaning solvent purchased and sold, the name and address of the seller and
					 purchaser, and the date of the sale or purchase.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter H - RECORDKEEPING › Section 337.72 - Dry Cleaning Facilities

Current through Reg. 49, No. 28; July 12, 2024
The owner of a dry cleaning facility shall retain the
					 following records:
(1) invoices of dry
				  cleaning solvent purchases showing the name, type, and quantity of the dry
				  cleaning solvent purchased, the name and address of the seller, and the date of
				  the purchase;
(2) waste disposal
				  records as required by §
										337.20(b)
				  of this title (relating to Performance Standards); and
(3) secondary containment log required under
				  §
										337.20(d)(5)(B)
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter I - AUDITS AND INVESTIGATIONS › Section 337.80 - Audits and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  achieve the purposes, proper administration, and enforcement of this chapter,
				  the executive director may conduct audits or investigations of payments and
				  fees authorized by Texas Health and Safety Code, Chapter 374, and concerning
				  the veracity of information submitted to the agency in accordance with the
Government Auditing Standards
(2003 Revision). Such audits may
				  include investigations of records from dry cleaning facilities, dry cleaning
				  drop stations, distributors of dry cleaning solvents, and applicants for site
				  ranking.
(b) Each person subject to
				  or involved with an audit or investigation under subsection (a) of this section
				  shall cooperate fully with the audit or investigation by the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 338 - ABOVEGROUND STORAGE VESSEL SAFETY PROGRAM › Subchapter A - GENERAL APPLICABILITY, STANDARDS, AND RECORDKEEPING › Section 338.1 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The goal of
				  the Aboveground Storage Vessel Safety (ASVS) Program is to promote the safety of
				  affected aboveground storage vessels, as defined in §
										338.2 of this title (relating to
				  Definitions) through the requirements of this chapter concerning the design,
				  construction, operation, and maintenance of aboveground storage vessels, with the
				  objective of protecting groundwater and surface water resources in the event of
				  accidents and natural disasters.
(b)
				  Applicability. Except as specified in §
										338.3 of this title (relating to
				  Exemptions) the requirements of this chapter apply to all existing and future
				  installed aboveground storage vessels, as defined in §
										338.2 of this title (relating to
				  Definitions) which includes aboveground storage vessels that are made of non-earthen
				  materials, have a storage capacity of 21,000 gallons (based on overfill level
				  height) or more, store a regulated substance, and are located at or part of a
				  petrochemical plant, a petroleum refinery, or a bulk storage terminal (relating to
				  Definitions).
(c) Relationship to other
				  regulations. Compliance with the provisions of this chapter by an owner or operator
				  of an aboveground storage vessel shall not relieve the owner or operator from the
				  responsibility of compliance with any other laws and regulations directly and/or
				  indirectly affecting these aboveground storage vessels, including, but not
				  necessarily limited to, all applicable regulations legally promulgated by the
				  commission and any other federal, state, and local governmental agencies or entities
				  having appropriate jurisdiction.
(d)
				  Responsibilities of owners and operators. The owners and operators of an aboveground
				  storage vessel subject to the provisions of this chapter are responsible for
				  ensuring compliance with all applicable provisions of this chapter. Owners and
				  operators are responsible for any violations or noncompliant activities resulting
				  from the actions or inactions by any person who is employed or otherwise engaged by
				  the owner or operator.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 338 - ABOVEGROUND STORAGE VESSEL SAFETY PROGRAM › Subchapter A - GENERAL APPLICABILITY, STANDARDS, AND RECORDKEEPING › Section 338.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter, shall
					 have the following meanings, unless the context clearly indicates otherwise. The
					 words and terms used in the specific standards found in §
										338.5 of this title (relating to
					 Standards) shall have the meaning of that standard, if defined. However, the words
					 and terms as defined in this section shall supersede a definition if provided in a
					 specific standard found in §
										338.5 of this title.
(1) Aboveground storage vessel -- A vessel made of
				  non-earthen materials (e.g., concrete, steel, or plastic) located on or above the
				  surface of the ground and that:
(A) has a capacity
				  (based on overfill height) of 21,000 gallons or more;
(B) stores a regulated substance as defined in
				  paragraph (8) of this subsection;
(C) is
				  located at or is part of a petrochemical plant, a petroleum refinery, or a bulk
				  storage terminal as defined by this subsection;
(D) is not a vessel exempted under §
											338.3 of this title (relating to
				  Exemptions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 338 - ABOVEGROUND STORAGE VESSEL SAFETY PROGRAM › Subchapter A - GENERAL APPLICABILITY, STANDARDS, AND RECORDKEEPING › Section 338.3 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Complete exemption. The following vessels, as
				  defined in §
										338.2 of this title (relating to
				  Definitions) including any pipe that is connected to the vessel, are not considered
				  to be aboveground storage vessels and are exempt from the regulation of this
				  chapter:
(1) A vessel used in or associated with
				  the production or gathering of crude oil or natural gas;
(2) a vessel that is part of a stormwater or
				  wastewater collection system;
(3) a
				  flow-through process vessel, including a pressure vessel or process vessel and oil
				  and water separators;
(4) an aboveground
				  storage vessel operating above 0.5 pounds per square inch gauge (psig), or designed
				  or intended to operate above 0.5 psig, as measured with a pressure gauge in the
				  vapor space of the vessel or calculated as the total mixture vapor pressure at the
				  storage temperature converted to gauge pressure;
(5) heated vessels that are heated using external
				  heat, including but not limited to steam, an electric heating element, or a heat
				  medium such as hot oil. Heated vessels do not include vessels that contain process
				  fluid that are received above ambient temperatures;
(6) an intermediate bulk container or similar
				  vessel that may be moved within a facility as defined in §
											338.2 of this title;
(7) a vessel regulated under the federal Surface
				  Mining Control and Reclamation Act (30 U.S.C. Section 1201 et
				  seq.);
(8) a vessel used for the storage
				  of products regulated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
				  301 et seq.);
(9) a vessel, including piping and collection and
				  treatment systems, that is used in the management of leachate, methane gas, or
				  methane gas condensate, unless the vessel is used for storage of a regulated
				  substance, as defined in §
											338.2 of this title;
(10) a vessel or pressure vessel that is used to
				  store liquified petroleum gas;
(11) a
				  vessel regulated under the U.S. Department of Transportation's Pipeline and
				  Hazardous Materials Safety Administration (49 U.S.C. 60101 et seq.); or
(12) a vessel regulated under 40 CFR Parts 262,
				  264 and 265, as incorporated into 30 TAC §§
											335.55,
				  335.112(a)(9) and
				  335.152(a)(8).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 338 - ABOVEGROUND STORAGE VESSEL SAFETY PROGRAM › Subchapter A - GENERAL APPLICABILITY, STANDARDS, AND RECORDKEEPING › Section 338.5 - Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The standards identified in subsections (b)
				  and (c) of this section are applicable when both of the following criteria are met:
(1) the vessel meets the definition of an
				  aboveground storage vessel as defined in §
											338.2 of this title (relating to
				  Definitions); and
(2) the aboveground
				  storage vessel satisfies the applicability criteria of the listed
				  standard.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 338 - ABOVEGROUND STORAGE VESSEL SAFETY PROGRAM › Subchapter A - GENERAL APPLICABILITY, STANDARDS, AND RECORDKEEPING › Section 338.7 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes of developing or assisting in
				  the development of a regulation, conducting a study, or enforcing this chapter, an
				  owner or operator of an aboveground storage vessel, on the request of the executive
				  director must:
(1) furnish information related to
				  the aboveground storage vessel, including aboveground storage vessel equipment and
				  contents; and
(2) allow the executive
				  director at all reasonable times to have access to and to obtain all records
				  relating to the aboveground storage vessel.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 338 - ABOVEGROUND STORAGE VESSEL SAFETY PROGRAM › Subchapter A - GENERAL APPLICABILITY, STANDARDS, AND RECORDKEEPING › Section 338.9 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) General recordkeeping requirements.
(1) Owners and operators of aboveground storage
				  vessels must develop and maintain all records required by the provisions of this
				  chapter.
(2) Except as provided in
				  paragraph (3) of this subsection, owners or operators must maintain legible copies
				  of all required records pertaining to an aboveground storage vessel in a secure
				  location on the facility premises. Electronic records may be kept off-premises. The
				  records must be immediately:
(A) accessible for
				  reference and use by the owner or operator; and
(B) available for inspection upon request by
				  executive director personnel or an executive director designated
				  agent.
(3) If an owner or
				  operator cannot reasonably maintain copies of the required records on the facility's
				  premises, then the owner or operator may maintain the records at a readily
				  accessible alternate site, provided that the records are immediately:
(A) accessible for reference and use by the owner
				  or operator; and
(B) accessible and
				  available for inspection upon request by executive director personnel or an
				  executive director-designated agent.