Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter H - REIMBURSEMENT PROGRAM › Section 334.308 - Allowable Costs and Restrictions on Allowable Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) Only those costs that are allowable costs
				  under the terms of this section shall be subject to reimbursement under this
				  subchapter.
(b) Allowable costs are
				  those costs and expenses directly required for the performance of necessary
				  corrective action in accordance with commission rules.
(c) Unless otherwise specified in subsection
				  (g) of this section, allowable costs shall include, but not be limited to, the
				  following:
(1) abatement of impacts and
				  immediate threats of impact to human health, safety, and the environment,
				  including measures necessary to prevent further releases and to identify and
				  mitigate all fire, explosion, and human exposure hazards associated with a
				  release;
(2) removal of
				  phase-separated product;
(3)
				  temporary provision of an alternate water supply. The agency shall determine
				  the length of time during which the cost of water supply may be allowable, the
				  amounts of water which may be allowable, the uses for which water supply may be
				  allowable, and other conditions of approval;
(4) collection and analysis of surface and
				  subsurface soil and water, phase-separated product, and vapor
				  samples;
(5) emplacement of monitor
				  wells;
(6) removal, storage,
				  treatment, recycling, transport, and disposal of phase-separated product,
				  sludges, vapors, contaminated soils, contaminated water, and other wastes and
				  contaminated articles, in accordance with applicable laws;
(7) removal, disposal, and replacement
				  (including transport) of soils and pavement where removal is necessary to the
				  performance of corrective action;
(8) tank system integrity testing in
				  accordance with the methods prescribed by this chapter when such testing:
(A) is necessary to the performance of
				  corrective action;
(B) has been
				  specifically requested by the agency staff on or after May 31, 1989;
				  or
(C) has been specifically
				  ordered by the commission on or after May 31, 1989;
(9) identification and testing of affected or
				  potentially affected drinking water sources;
(10) design of plans for site assessment and
				  remediation;
(11) acquisition,
				  installation, startup, operation, and maintenance of remediation systems,
				  including monitoring;
(12) removal,
				  transport, and disposal of the piping, pumps, and dispensers associated with
				  the underground or aboveground tank when necessary for performance of
				  corrective action, and when removed after October 1, 1992, and before June 6,
				  1993;
(13) tank removal (as defined
				  in this subchapter), transport, and disposal of the components of the
				  underground or aboveground tank, including compliance with applicable
				  requirements under Subchapter D of this chapter (relating to Release Reporting
				  and Corrective Action), in accordance with applicable law when necessary for
				  the performance of corrective action and performed before March 12,
				  1993;
(14) a portion of costs, as
				  specified in this section, of tank removals, transport, and disposal of the
				  components of the underground or aboveground tank, including compliance with
				  applicable requirements under Subchapter D of this chapter, when necessary for
				  the performance of corrective action and performed on or after March 12, 1993.
				  Reimbursement under this paragraph performed on or after March 12, 1993, shall
				  be based on the volume of the tank and shall have a maximum reimbursable limit
				  of $8,000 per leaking petroleum storage tank site. For underground storage
				  tanks (USTs) having a volume of 5,000 gallons or less, the portion of
				  reimbursable costs under this paragraph for each such tank is $1,000. For USTs
				  having a volume of greater than 5,000 gallons, the portion of reimbursable
				  costs under this paragraph for each such tank is $2,000;
(15) permanent abandonment in-place, of a
				  tank system, including compliance with applicable requirements under Subchapter
				  D of this chapter, where abandonment in-place rather than tank system removal
				  is deemed by the agency to be necessary to avoid destruction of substantial or
				  significant surface improvements and conducted before June 6, 1993;
(16) temporary relocation of utility
				  structures when necessary to the performance of corrective action;
(17) preparation of technical reports
				  required in accordance with the requirements of Subchapter D of this
				  chapter;
(18) the reasonable, as
				  determined by the agency and as limited by the reimbursable cost
				  specifications, value of necessary time to obtain access to property outside of
				  the facility boundaries where such access is necessary for the performance of
				  corrective action;
(19) the
				  reasonable value, as determined by the agency and as limited by the
				  reimbursable cost specifications, of necessary time spent by the applicant in
				  planning and administering the applicant's corrective action plan;
(20) performance of any corrective action
				  measure which is specifically required by an order of the commission or a
				  written request by agency staff on or after September 1, 1987;
(21) state and federal sales taxes applicable
				  to items which are otherwise allowable costs under this section; and
(22) any other costs determined by the agency
				  to be allowable in accordance with the provisions of this subchapter.