reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter G - END-PRODUCT STANDARDS › Section 332.75 - Out of State Production

Current through Reg. 49, No. 28; July 12, 2024
Any compost produced outside of the State of Texas, which
					 is distributed within Texas, shall be labeled pursuant to §
										332.74
					 of this title (relating to Compost Labelling Requirements).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter A - VOLUNTARY CLEANUP PROGRAM SECTION › Section 333.1 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements of the Voluntary Cleanup Program are found in this subchapter and
				  in the Texas Solid Waste Disposal Act, Subchapter S, Texas Health and Safety
				  Code, Chapter 361.
(b) The
				  applicant shall submit two copies of all documents, one of which the Voluntary
				  Cleanup Program will file in the agency central records.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter A - VOLUNTARY CLEANUP PROGRAM SECTION › Section 333.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1) Change in
				  land use--A change in use from a less protective risk classification to a more
				  protective risk classification (e.g., commercial/industrial to residential) or
				  not maintaining a physical control, remediation system, or post-response action
				  care or non-permanent institutional control as set out in the conditional
				  Certificate.
(2) Completion--No
				  more response actions are necessary or the applicant is satisfactorily
				  maintaining the physical controls, remediation systems, or post-response action
				  care or non-permanent institutional controls are utilized pursuant to the
				  Voluntary Cleanup agreement.
(3)
				  Initiate an enforcement action--The issuance of a notice of violation by the
				  executive director or referral to the United States Environmental Protection
				  Agency or Attorney General's Office for a possible enforcement
				  action.
(4) Partial response
				  action--A response action which is limited to an areal portion of the site and
				  off- site areas, if any, contaminated due to releases which have migrated from
				  the partial response action area onto property owned or controlled by others,
				  inclusive of all media.
(5) Partial
				  response action area--The area of the site and off-site within which the
				  partial response action will be conducted in accordance with a plan approved by
				  the executive director.
(6) Pending
				  enforcement action--Concerning the remediation of the hazardous substance or
				  contaminant described in the application, a notice of violation has been issued
				  and further administrative, state, or federal enforcement action is under
				  evaluation or an enforcement action is required by federal grant, or the state
				  has incurred unreimbursed costs under the Texas Health and Safety Code, Chapter
				  361, Subchapter F.
(7) Response
				  action objectives--The goals of the response actions, which may include both
				  qualitative and quantitative goals.
(8) Site--The property as described in the
				  legal description provided in the voluntary cleanup agreement.
(9) Site subject to a commission permit or
				  order--A site or portion of a site concerning which an order or permit has been
				  issued by the commission. These also include hazardous waste facilities, which
				  are operating under interim status.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter A - VOLUNTARY CLEANUP PROGRAM SECTION › Section 333.3 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the Voluntary Cleanup Program is to provide
					 incentives to remediate property by removing liability of future landowners and
					 lenders and to provide a process by which voluntary response actions can be
					 completed in a timely and efficient manner.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter A - VOLUNTARY CLEANUP PROGRAM SECTION › Section 333.4 - Application To Participate in the Voluntary Cleanup Program (VCP)

Current through Reg. 49, No. 28; July 12, 2024
An application submitted to the Voluntary Cleanup Program
					 must be accepted or rejected within 45 days of receipt by the commission. The
					 commission shall not initiate enforcement action on a Voluntary Cleanup Program
					 applicant during the pendency of the agency review of an application for the
					 contamination or release that is the subject of the Voluntary Cleanup agreement
					 or the activity that resulted in the contamination or
					 release.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter A - VOLUNTARY CLEANUP PROGRAM SECTION › Section 333.5 - Rejection of Application

Current through Reg. 49, No. 28; July 12, 2024
The executive director may reject an application submitted
					 to the Voluntary Cleanup Program when all costs recoverable under the Texas
					 Solid Waste Disposal Act, Subchapter F, Texas Health and Safety Code, Chapter
					 361 (State Superfund) for the site are not paid in full to the hazardous and
					 solid waste remediation fee fund by the applicant.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter A - VOLUNTARY CLEANUP PROGRAM SECTION › Section 333.6 - Voluntary Cleanup Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The voluntary cleanup agreement must be signed by the applicant and the
				  executive director or his representative prior to initiation of any response
				  action being implemented, with the exception of emergency measures which should
				  be coordinated with the appropriate emergency response authorities. However,
				  for response actions initiated or completed prior to the effective date of
				  these rules, the executive director at his discretion may allow sites to enter
				  the Voluntary Cleanup Program. After the effective date of these rules, persons
				  initiating response actions prior to a signed Voluntary Cleanup Agreement may
				  not enter the Voluntary Cleanup Program. A certificate of completion may not be
				  issued for sites which have received agency approval for response actions
				  completed prior to the effective date of the rule if:
(1) the action did not address all
				  contaminants or contaminated media within the site or partial response action
				  area;
(2) contaminant management
				  practices were initiated or changed since the previous approval date;
				  or
(3) regulatory requirements have
				  changed since the approval date.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter A - VOLUNTARY CLEANUP PROGRAM SECTION › Section 333.7 - Voluntary Cleanup Work Plans and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Voluntary cleanup work plans and reports
				  shall meet all the requirements for work plans and reports set forth in 30 TAC
				  350 of this title (relating to Texas Risk Reduction Program). Contaminated
				  media within the investigation area shall be addressed according to the
				  appropriate established technical standards.
(b) The requirements of subsection (a) of
				  this section apply to a partial response action when a contaminant release
				  originating from a partial response action area has migrated onto property
				  owned or controlled by others.
(c)
				  The requirements of subsection (a) of this section apply to all voluntary
				  cleanup response actions with the following exceptions:
(1) When a person demonstrates to the
				  satisfaction of the executive director that the source of contamination is from
				  off-site and the person did not cause the release, the person may address only
				  contamination on the site or the partial response action area within the site
				  according to the appropriate established technical standards.
(2) When a contaminant release is present
				  outside the site or partial response action area, but on property owned or
				  otherwise controlled by the applicant, addressing the areal extent of
				  contamination outside the site or partial response action area is not required
				  under the Voluntary Cleanup Program; however, the contaminant release within
				  the partial response action area shall be addressed according to the
				  appropriate established technical standards.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter A - VOLUNTARY CLEANUP PROGRAM SECTION › Section 333.8 - Response Action Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Excepting areal
				  limitations with partial response actions, all environmental media which exceed
				  the critical protective concentration levels developed in accordance with
				  Chapter 350, Subchapter D of this title (relating to Development of Protective
				  Concentration Levels) shall be addressed through the appropriate response
				  actions as required in Chapter 350, Subchapter B of this title (relating to
				  Remedy Standards).
(b) State or
				  local permits are not required for removal or remedial action under the
				  Voluntary Cleanup Program. The person conducting the voluntary cleanup shall
				  comply with any federal or state standard, requirement, criterion, or
				  limitation to which the response action would otherwise be subject if a permit
				  were required unless such commission rule requirements are inconsistent with a
				  specific provision of this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter A - VOLUNTARY CLEANUP PROGRAM SECTION › Section 333.9 - Deed Certification

Current through Reg. 49, No. 28; July 12, 2024
The filing of the certificate of completion, including all
					 appropriate exhibits, into the real property records shall satisfy the
					 requirements of Chapter 350 of this title (relating to Texas Risk Reduction
					 Program) to file institutional controls in the real property records for the
					 areas covered by the certificate of completion.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter A - VOLUNTARY CLEANUP PROGRAM SECTION › Section 333.10 - Certificate of Completion

Current through Reg. 49, No. 28; July 12, 2024
(a) If reports
				  acceptable to the executive director that are submitted under this subchapter
				  demonstrate that no further action is required to protect human health and the
				  environment, the executive director shall certify such facts by issuing the
				  person a final certificate of completion. If the applicant is satisfactorily
				  maintaining the physical controls, remediation systems, or post-response action
				  care, or if non-permanent institutional controls are utilized pursuant to an
				  agreement, the executive director shall certify such facts by issuing the
				  applicant a conditional certificate of completion. The executive director may
				  authorize an applicant to conduct a phased response action only when, in the
				  executive director's evaluation, the schedule is reasonable.
(b) For partial response actions, the
				  certificate of completion shall pertain only to the partial response action
				  area and shall include a legal description of that area.
(c) For sites approved prior to the effective
				  date of this rule, agency will issue a certificate of completion for sites only
				  if currently appropriate response actions for all contaminants within the area
				  described in the certificate of completion have been completed.
(d) The executive director may allow the
				  applicant to file the copy of the certificate of completion into the site deed
				  record on the executive director's behalf if the applicant provides subsequent
				  documentation of the filing. The applicant must file the copy of the
				  certificate of completion prior to the sale or transfer of the property, but
				  not later than 90 days after the date of issuance of the certificate of
				  completion.
(e) The executive
				  director may allow the applicant to file a statement in the deed records
				  stating that the certificate of completion supersedes prior deed certification
				  requirements.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.31 - Delegation

Current through Reg. 49, No. 28; July 12, 2024
The authority to issue, deny or revoke a certificate under
					 Chapter 361, Subchapter V, of the Texas Health and Safety Code is delegated by
					 the commission to the executive director pursuant to Texas Water Code, §
										5.122.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.32 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements of the innocent owner/operator certification are found in this
				  subchapter and in the Texas Health and Safety Code, Chapter 361, Subchapter
				  V.
(b) The applicant shall submit
				  two copies of all documents, one of which will be filed in the agency central
				  records.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.33 - 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.
(1) Innocent owner/operator
				  certificate--A certificate issued by the executive director or their designee
				  which confirms that the person is an innocent owner/operator as defined in
				  Texas Health and Safety Code, §
										361.751, or that the
				  person is eligible for immunity under §361.752(b).
(2) Portion of the tract--A site which does
				  not contain the source of the release of contamination but which is a
				  subdivided section of a tract which contains the source of the release of
				  contamination.
(3) Site--The
				  property as described in the legal description provided in the innocent
				  owner/operator application.
(4)
				  Source of release of contamination--The property from which a release of
				  contaminants originated.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.34 - Eligibility for Innocent Owner/Operator Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) The following persons are eligible to
				  receive an innocent owner/operator certificate:
(1) a person defined as an innocent
				  owner/operator in the Texas Health and Safety Code, §
											361.751(2);
				  and
(2) a person that acquired a
				  portion of the tract on which the source of a release of contaminants is
				  located from the person that caused the release who meets the provisions of the
				  Texas Health and Safety Code, §
											361.752(b).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.35 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  desires to obtain an innocent owner/operator certificate shall submit to the
				  executive director an application and an application fee as prescribed by this
				  section.
(b) An application
				  submitted under this section shall:
(1) be on
				  a form provided by the executive director;
(2) contain:
(A) general information concerning the
				  owner/operator and the site;
(B) a
				  site investigation report;
(C) a
				  legal description of the site and the name of the site owner and/or operator,
				  as appropriate, at the time of application submittal;
(D) a statement that the owner or operator
				  has not caused or contributed to the off-site source or sources of
				  contamination that have released or migrated onto the site and is otherwise
				  eligible for an innocent owner/operator certificate; and
(E) other background information requested by
				  the executive director.
(3) be accompanied by an application fee of
				  $1,000 payable to the Texas Natural Resource Conservation Commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.36 - Information Provided by Adjacent Landowners/Operators

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant shall mail notice of the
				  application by certified mail, return receipt requested, to property owners
				  adjacent to the site within 14 days of application submittal on a form provided
				  by the executive director. The notice will include the names of the person(s)
				  who are seeking an innocent owner/operator certificate, and will explain that
				  information and reports regarding the site are available for inspection and
				  copying in the agency's files. The notice will also request that within 14 days
				  of receipt of the notice, adjacent property owners submit to the executive
				  director additional information which may assist the executive director in
				  reviewing the innocent owner/operator application. The applicant shall submit
				  copies of the delivered notice letter and the signed receipts to the executive
				  director within 7 days of applicant's receipt of the signed receipts from the
				  adjacent land owners. Notice to governmental entities shall be delivered to the
				  chief clerk or city secretary.
(b)
				  Prior to reviewing any information submitted by adjacent owners, the executive
				  director will notify the applicant that information has been received and will
				  provide the applicant an opportunity to review the information. Unless the
				  applicant notifies the executive director within 14 days of receipt of this
				  notice of applicant's intent to withdraw its application, the executive
				  director will review the information submitted by adjacent owners, and the
				  applicant will be responsible for paying the costs incurred by this
				  review.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.37 - Withdrawal of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  applicant may withdraw the application by giving advance written notice to the
				  executive director. The remainder of the application fee not incurred or
				  obligated in the review of the application will be refunded.
(b) Withdrawal of the application does not
				  affect any right the executive director has under other law to recover
				  costs.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.39 - Denial of Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director may deny the issuance of a certificate under Texas Health
				  and Safety Code, §
										361.753:
(1) if the application is not
				  complete;
(2) the applicant does
				  not provide sufficient information from which the executive director can
				  determine the applicant's eligibility to receive an innocent owner/operator
				  certificate under Texas Health and Safety Code, §
											361.753;
(3) information obtained since the
				  application was filed demonstrates that the applicant is not an innocent owner
				  or operator; or
(4) the
				  owner/operator does not grant reasonable access as required by Texas Health and
				  Safety Code, §
											361.752(c).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.40 - Revocation of Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  certificate shall remain valid until revoked.
(b) The executive director may revoke the
				  innocent owner/operator certificate if:
(1)
				  the certificate holder:
(A) acquired the
				  innocent owner/operator certificate by fraud, misrepresentation, or knowing
				  failure to disclose material information;
(B) does not properly maintain institutional
				  and/or engineering controls where the placement of such controls were required
				  for certificate issuance; or
(C)
				  does not pay all the agency costs described in §
												333.34(b)(2)
				  of this title (relating to Eligibility for Innocent Owner/Operator Certificate)
				  within 180 days of certificate issuance; or
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.41 - Access

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator must grant reasonable access to the site for purposes of investigation
				  and remediation to persons designated by the executive director.
(b) The commission, its employees,
				  contractors, and agents may access the site pursuant to §361.752(d) or any
				  other relevant provision of the Texas Health and Safety Code, or the Texas
				  Water Code.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.42 - Cost Recovery

Current through Reg. 49, No. 28; July 12, 2024
If the person does not pay the agency's costs incurred in
					 reviewing the application and the issuance of the innocent owner/operator
					 certificate before the 31st day after the date the person receives notice that
					 the costs are due and owing, the attorney general, at the request of the
					 executive director, may bring an action in the name of the State of Texas in
					 Travis County to recover the amount owed and reasonable legal expenses,
					 including attorney's fees, witness costs, court costs, and deposition
					 costs.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 333 - BROWNFIELDS INITIATIVES › Subchapter B - INNOCENT OWNER/OPERATOR CERTIFICATION › Section 333.43 - Cost Report

Current through Reg. 49, No. 28; July 12, 2024
The executive director will annually calculate the agency's
					 costs to administer the innocent owner/operator program and will publish in the
					 Texas Register the rates established for the purposes of identifying the costs
					 recoverable by the agency under Texas Health and Safety Code, Subchapter
					 V.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.1 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  The purposes of this chapter are to:
(1)
				  provide a comprehensive regulatory program for hazardous substance and
				  petroleum substance underground storage tank (UST) systems, and a limited
				  regulatory program for petroleum product aboveground storage tanks (ASTs), as
				  prescribed by the Texas Water Code, Chapter 26, Subchapter I and Subchapter
				  K;
(2) establish minimum standards
				  and procedures to reasonably protect and maintain the quality of the state's
				  groundwater and surface water resources from environmental contamination that
				  could result from any releases of harmful substances stored in such
				  tanks;
(3) provide for the use of
				  risk-based corrective action; and
(4) generally provide for the protection of
				  human health and safety, as well as the protection of the overall environment
				  of the state.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.3 - Exemptions for Underground Storage Tanks (USTs) and UST Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Complete
				  exemption. The following underground tanks and containment devices (including
				  any connected piping) are completely exempt from regulation under this chapter:
(1) farm or residential tank with a capacity
				  of 1,100 gallons or less used for storing motor fuel for noncommercial
				  purposes;
(2) tanks used for
				  storing heating oil for consumptive use on the premises where stored;
(3) septic tank;
(4) surface impoundments, pits, ponds, or
				  lagoons;
(5) stormwater or
				  wastewater collection systems;
(6)
				  flow-through process tanks;
(7)
				  tanks, liquid traps, gathering lines, or other facilities used in connection
				  with an activity associated with the exploration, development, or production of
				  oil, gas, or geothermal resources, or any other activity regulated by the
				  Railroad Commission of Texas pursuant to the Natural Resources Code, §
											91.101;
(8) transformers or other electrical
				  equipment that contains a regulated substance and that is used in the
				  transmission of electricity, to the extent that such a transformer or equipment
				  is exempted by the United States Environmental Protection Agency under Title 40
				  Code of Federal Regulations, Part 280;
(9) storage tanks located in an underground
				  area, including a basement, cellar, mineworking, drift, shaft, or tunnel, if
				  the storage tank is located on or above the surface of the floor;
(10) pipeline facilities, including gathering
				  lines, if such facilities are regulated under:
(A) the Natural Gas Pipeline Safety Act of
				  1968 (49 United States Code, §§1671, et seq.); or
(B) the Hazardous Liquid Pipeline Safety Act
				  of 1979 (49 United States Code, §2001, et seq.);
(11) interstate pipeline facilities if such
				  facilities are regulated under of the following state laws:
(A) the Natural Resources Code, Chapter
				  111;
(B) the Natural Resources
				  Code, Chapter 117; or
(C) Texas
				  Civil Statutes, Articles 6053-1 and 6053-2.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.4 - Exclusions for Underground Storage Tanks (USTs) and UST Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Complete
				  exclusions. In addition to the tanks exempted from regulation under §
										334.3
				  of this title (relating to Exemptions for Underground Storage Tanks (USTs) and
				  UST Systems), the following USTs are completely excluded from regulation under
				  this chapter:
(1) any UST system containing a
				  hazardous listed waste or identified under the federal Solid Waste Disposal
				  Act, Subtitle C (42 United States Code (USC), §6921, et seq.), or
				  containing a mixture of such hazardous waste and other regulated substances,
				  where such system is already subject to regulation under the federal Solid
				  Waste Disposal Act, Subtitle C;
(2)
				  any wastewater treatment tank (including an oil-water separator and any
				  pretreatment facility), which is an integral part of a wastewater treatment
				  facility which is either:
(A) permitted under
				  the federal Clean Water Act, either §307(b) or §402 (33 USC, §
													1251, et seq.); or
(B) permitted pursuant to the Texas Water
				  Code (TWC), Chapter 26;
(3) sumps which have a capacity of less than
				  110 gallons;
(4) emergency spill
				  protection or emergency overflow containment tanks, including certain sumps and
				  secondary containment systems, which are used solely for the temporary storage
				  or containment of regulated substances resulting from a leak, spill, overfill,
				  or other unplanned release, and where the regulated substances are routinely
				  removed within 48 hours of the discovery of the release; provided that such
				  tanks must be inspected for a release no less than once every month;
				  or
(5) UST systems which during
				  their entire operational life have exclusively contained only regulated
				  substances at such dilute concentrations that any release would not pose any
				  significant threat to human health and safety or the environment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.5 - General Prohibitions for Underground Storage Tanks (USTs) and UST Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Design
				  prohibitions. On or after September 1, 1987, no person may install or have
				  installed an underground storage tank (UST) system for the purpose of storing
				  or otherwise containing regulated substances unless such UST system, whether of
				  single-wall or double-wall construction, meets the following standards.
(1) The UST system must prevent releases due
				  to corrosion or structural failure for the operational life of the UST
				  system.
(2) All components of the
				  UST system must be either cathodically protected against corrosion, constructed
				  of noncorrodible material, constructed of a steel material which has been clad
				  with a noncorrodible material, or must be otherwise designed and constructed in
				  a manner that prevents the release of any stored substances.
(3) The UST system must be constructed of, or
				  lined with, a material that is compatible with the stored substance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.6 - Construction Notification for Underground Storage Tanks (USTs) and UST Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) Beginning September 1,
				  1987, any person who intends either to install a new or replacement underground
				  storage tank (UST), to remove a UST from the ground, or to conduct a permanent
				  abandonment in-place of a UST must comply with the notification requirements of
				  this section prior to initiating such activity.
(2) On or after September 29, 1989, any
				  person who intends to perform any construction activity listed in subsection
				  (b)(1) of this section must comply with the notification requirements of this
				  section prior to initiating such activity.
(3) In addition to the construction
				  notification requirements of this section, the owner or operator of an existing
				  or proposed UST system that is located or will be located on the designated
				  recharge or transition zones or contributing zone within the transition zone of
				  the Edwards Aquifer must also secure the requisite approval from the agency
				  prior to conducting certain regulated UST activities, as prescribed under
				  Chapter 213 of this title (relating to Edwards Aquifer).
(4) Any UST construction activity performed
				  or completed pursuant to a notification submitted under the provisions of this
				  section must meet the applicable technical standards and procedural
				  requirements under Subchapter C of this chapter (relating to Technical
				  Standards).
(5) In situations where
				  a proposed UST construction activity is necessitated by a suspected or
				  confirmed release of regulated substances, or where the activity contributes to
				  or causes such a release, the owner or operator must comply with the release
				  reporting, investigation, and corrective action requirements of Subchapter D of
				  this chapter (relating to Release Reporting and Corrective Action).
(6) Construction notifications required under
				  this section may be provided to the agency's central office in Austin or to the
				  agency's appropriate regional office in the area of the activity, unless
				  otherwise specified in this section. The official date of notification must be
				  the date on which the notification is first received in an agency
				  office.
(7) Construction
				  notification required under this section must be provided by the owner or
				  operator, or an authorized agent or representative of the owner or operator
				  (e.g., a contractor or consultant who has contracted for such construction
				  activity). Construction notifications filed by unauthorized persons are null
				  and void.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.7 - Registration for Underground Storage Tanks (USTs) and UST Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  provisions.
(1) All underground storage tanks
				  (USTs) in existence on or after September 1, 1987, must be registered with the
				  agency on authorized agency forms in accordance with subsection (e) of this
				  section, except for those tanks which:
(A) are
				  completely exempted or partially exempted from regulation under §
												334.3(a)
				  or (b) of this title (relating to Exemptions
				  for Underground Storage Tanks (USTs) and UST Systems);
(B) are completely excluded or partially
				  excluded from regulation under §
												334.4(a)
				  or (c) of this title (relating to Exclusions
				  for Underground Storage Tanks (USTs) and UST Systems);
(C) were properly registered with the agency
				  prior to September 29, 1989, under the provisions of the federal Solid Waste
				  Disposal Act, §9002 (42 United States
				  Code, §§
													6921, et seq.), provided
				  that the owner or operator must submit notice of all changes and additional
				  information in accordance with the provisions of subsection (d) of this
				  section;
(D) have been permanently
				  removed from usage by either:
(i) were
				  permanently removed from the ground before May 8, 1986; or
(ii) remain in the ground, but were emptied,
				  cleaned, and filled with solid inert materials on or before January 1, 1974, in
				  accordance with accepted industry practices in effect at the time the UST was
				  taken out of operation; or
(E) were out of operation and empty of
				  regulated substances at the time of their discovery, provided that:
(i) the facility owner and operator can
				  reasonably demonstrate no prior knowledge of the existence of the USTs;
				  and
(ii) the USTs are permanently
				  removed from service in accordance with §
													334.55
				  of this title (relating to Permanent Removal from Service) no later than
				  September 29, 1990, or within 60 days of their discovery, whichever is
				  later.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.8 - Certification for Underground Storage Tanks (USTs) and UST Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Underground
				  storage tank (UST) construction activity certifications. The following UST
				  construction activity certifications are required.
(1) Certification by installer or on-site
				  supervisor. After September 29, 1989, any installer who is employed or
				  otherwise engaged by a UST owner or operator to install or replace a UST system
				  must also certify by signature that the installation methods are in compliance
				  with §
											334.46
				  of this title (relating to Installation Standards for New Underground Storage
				  Tank Systems).
(2) Filing
				  requirements. The installation or construction certification information
				  required under paragraph (1) of this subsection must be included in the
				  appropriate sections of the agency's authorized UST registration form or UST
				  registration and self-certification form, as applicable, in accordance with
				  §
											334.7(e)
				  of this title (relating to Registration for Underground Storage Tanks (USTs)
				  and UST Systems), and must be filed with the agency in accordance with the
				  applicable tank registration time limits prescribed under §
											334.7
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.12 - Other General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Other
				  regulations. Compliance with the provisions of this chapter by an owner or
				  operator of an underground storage tank (UST) system or aboveground storage
				  tank (AST) system does not relieve such owner or operator from the
				  responsibility of compliance with any other regulations directly and/or
				  indirectly affecting such tanks and the stored regulated substances, including,
				  but not necessarily limited to, all applicable regulations legally promulgated
				  by the United States Environmental Protection Agency, United States
				  Occupational Safety and Health Administration, United States Department of
				  Transportation, United States Nuclear Regulatory Commission, United States
				  Department of Energy, Texas Department of Health, State Board of Insurance,
				  Texas Commission on Fire Protection, Railroad Commission of Texas, Texas
				  Department of Agriculture, State Comptroller, Texas Department of Public
				  Safety, Texas Commission on Environmental Quality, and any other federal,
				  state, and local governmental agencies or entities having appropriate
				  jurisdiction.
(b) Owner and
				  operator responsibility.
(1) Owners and
				  operators are responsible for any violations or noncompliant activities
				  resulting from the actions or inactions by any installer, contractor, operator,
				  or other person who is employed or otherwise engaged by an owner or operator of
				  a UST or an AST.
(2) The commission
				  shall consider the person who is in day-to-day control of a petroleum storage
				  tank system at a site that is in violation of applicable statute or agency
				  regulations to be the:
(A) person primarily
				  responsible for taking corrective action, for corrective action costs, for
				  receiving a notice of violation, or for paying a penalty assessed;
				  and
(B) primary subject of an
				  enforcement action or order.
(3) The liability of certain taxing units as
				  owners or operators of USTs and ASTs is conditionally and specifically limited,
				  in accordance with the provisions and conditions of Texas Water Code (TWC),
				  §26.3516 (relating to Limits on Liability of Taxing Units).
(4) The liability of certain lenders as
				  owners or operators of USTs and ASTs is conditionally and specifically limited,
				  in accordance with the provisions and conditions of TWC, §26.3514
				  (relating to Limits on Liability of Lender).
(5) The liability of certain corporate
				  fiduciaries as owners or operators of USTs and ASTs is conditionally and
				  specifically limited, in accordance with the provisions and conditions of TWC,
				  §26.3515 (related to Limits on Liability of Corporate
				  Fiduciary).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.15 - Limits on Liability of Lender

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  lender, as defined in §
										334.2 of
				  this title (relating to Definitions), is not liable as an owner or operator
				  under this chapter solely because the lender holds indicia of ownership to
				  protect a security or lienhold interest in property. A lender is not liable
				  under this subsection if:
(1) such lender has
				  a security interest in a personal property or in a fixture that is not attached
				  to the real estate or a lienhold interest on the real estate or fixture that is
				  attached to the real estate as security for a loan to finance the acquisition
				  or development of property, to finance the removal, repair, replacement, or
				  upgrading of a regulated tank, or to finance the performance of corrective
				  action in response to a release of a regulated substance from a tank, and the
				  security or lienhold interest is in:
(A) an
				  underground storage tank (UST) or aboveground storage tank (AST);
(B) real property on which an UST or AST is
				  located; or
(C) in any other
				  personal property attached to or located on property on which an UST or AST is
				  located; or
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.16 - Limits on Liability of Corporate Fiduciary

Current through Reg. 49, No. 28; July 12, 2024
(a) A corporate fiduciary or its agent(s) is
				  not liable in an individual capacity as an owner or operator under this chapter
				  solely because:
(1) the corporate fiduciary
				  or its agent has legal title to real or personal property for purposes of
				  administering a trust or estate of which the property is a part; or
(2) the corporate fiduciary or its agent does
				  not have legal title to the real or personal property but operates or manages
				  the property under the terms of an estate or trust of which the property is a
				  part.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.17 - Privatization of Storage Tank Program

Current through Reg. 49, No. 28; July 12, 2024
The commission may retain agents for the performance of
					 services related to the duties and administrative tasks of this chapter. The
					 agent(s) will act under the direction of 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 A - GENERAL PROVISIONS › Section 334.18 - Limits on Liability of Taxing Unit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Authorization and applicability. The provisions of this section are authorized
				  by Texas Water Code, §
										26.3516
				  (relating to Limits on Liability of Taxing Units), and apply only to taxing
				  units as defined in the Property Tax Code, §
										1.04(12)
				  that:
(1) This section applies to a taxing
				  unit that has foreclosed an ad valorem tax lien on real property on which an
				  underground storage tank (UST) or aboveground storage tank (AST) is located, or
				  on any other personal property attached to or located on property on which a
				  UST or AST is located, as security for payment of ad valorem taxes.
(2) A taxing unit is not liable as an owner
				  or operator under this chapter solely because the taxing unit holds indicia of
				  ownership because of a tax foreclosure sale under the Tax Code.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter A - GENERAL PROVISIONS › Section 334.19 - Fee on Delivery of Petroleum Product

Current through Reg. 49, No. 28; July 12, 2024
(a) A fee is imposed on the delivery of a
				  petroleum product on withdrawal from bulk of that product as provided by this
				  subsection and pursuant to Texas Water Code (TWC), §26.3574. "Withdrawal
				  from bulk" means the removal of a petroleum product from a bulk facility
				  storage tank for delivery directly into a cargo tank or a barge to be
				  transported to another location other than another bulk facility for
				  distribution or sale in this state. Each supplier on withdrawal from bulk of a
				  petroleum product shall collect from the person who orders the withdrawal a fee
				  in an amount determined as follows, subject to future adjustments made under
				  subsection (b) of this section:
(1) not more
				  than $3.75 for each delivery into a cargo tank having a capacity of less than
				  2,500 gallons.
(2) not more than
				  $7.50 for each delivery into a cargo tank having a capacity of 2,500 gallons or
				  more but less than 5,000 gallons.
(3) not more than $11.75 for each delivery
				  into a cargo tank having a capacity of 5,000 gallons or more but less than
				  8,000 gallons.
(4) not more than
				  $15.00 for each delivery into a cargo tank having a capacity of 8,000 gallons
				  or more but less than 10,000 gallons; and
(5) not more than $7.50 for each increment of
				  5,000 gallons or any part thereof delivered into a cargo tank having a capacity
				  of 10,000 gallons or more.