reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter H - REIMBURSEMENT PROGRAM › Section 334.314 - Fund Payment Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon completion
				  of the review of an application, the agency shall prepare a fund payment
				  report, indicating which of the applicant's claims the executive director
				  believes should be reimbursed and which claims should not be reimbursed. If the
				  executive director finds that any claim should not be paid or not paid to the
				  full amount claimed, he shall briefly state the reasons in his report. The
				  executive director shall submit a copy of his report to the
				  applicant.
(b) The applicant shall
				  review the fund payment report and shall file a written response with the
				  agency within 60 days of the date on the report. The response shall be on a
				  form provided or approved by the agency. The applicant may consent or object to
				  all or any part of the report. If the agency has not received a response from
				  the applicant within 60 days from the date of the report, the following shall
				  occur:
(1) all claims approved for
				  reimbursement in the fund payment report shall be eligible for
				  payment;
(2) any claim addressed in
				  the fund payment report shall be deemed satisfied in full; and
(3) the applicant will have waived his right
				  to object to any item addressed in the fund payment report.
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 334.315 - Protest of Fund Payment Report

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  the applicant disagrees with any conclusion in the fund payment report, the
				  applicant may file a protest with the executive director within 60 days of the
				  date on the fund payment report.
(b) The protest must be in writing and signed
				  by the applicant. It must be on a form prescribed or approved by the agency. It
				  must contain the following:
(1) the name and
				  address of the applicant;
(2) the
				  address of the facility in question and the Texas Commission on Environmental
				  Quality facility number, if any;
(3) a copy of the fund payment report which
				  is the subject of the protest, or the application number which appears on the
				  fund payment report; and
(4) a
				  clear statement of each item which the applicant disputes on the fund payment
				  report and any other documentation necessary to support the protest.
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 334.316 - Formal Petition

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant
				  shall file the petition with the chief clerk in the manner prescribed generally
				  by this title for filing petitions with the commission and he shall serve a
				  copy of the petition on the executive director.
(b) The petition shall set forth the relief
				  which the applicant requests and shall contain the same information required
				  for the protest, as prescribed in of §
										334.315(b)
				  of this title (relating to Protest of Fund Payment Report).
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 334.317 - Hearing by the Commission

Current through Reg. 49, No. 28; July 12, 2024
Following receipt of a petition, the commission shall
					 conduct a hearing on the petition. The proceedings shall be governed by the
					 rules of the commission.
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 334.318 - Recovery of Costs

Current through Reg. 49, No. 28; July 12, 2024
The agency may initiate proceedings against any owner or
					 operator of a petroleum storage tank for recovery of costs, as provided by the
					 Texas Water Code, §
										26.355.
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 334.319 - Administrative Penalties and Other Actions

Current through Reg. 49, No. 28; July 12, 2024
Nothing in this subchapter precludes the commission from
					 issuing orders, assessing administrative penalties, or taking any other action
					 permitted by law against any person for violation of any statute, any rule of
					 the commission or any order of the commission.
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 334.320 - Responsibilities of Owners, Operators, and Others

Current through Reg. 49, No. 28; July 12, 2024
(a) Nothing in this subchapter changes the
				  responsibilities of an owner or operator of an underground or aboveground
				  storage tank to respond to a release of regulated substances or to comply with
				  any other requirements of statutes or the rules or orders of the
				  commission.
(b) The owner and
				  operator are obligated to pursue whatever actions are necessary to minimize any
				  immediate impacts of threats to human health and safety and the environment and
				  to stabilize the conditions caused by the release. When financially unable to
				  pursue immediate abatement actions, the owner or operator shall notify the
				  agency immediately.
(c) No person
				  shall knowingly submit false information to the agency as part of any materials
				  required to be submitted under this subchapter.
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 334.321 - Corrective Action by the Agency

Current through Reg. 49, No. 28; July 12, 2024
No costs of corrective action incurred by an owner or
					 operator at a facility on or after the date that the agency commences
					 corrective action at the owner's or the operator's facility are allowable for
					 reimbursement under this subchapter, unless authorized and the estimated costs
					 preapproved in writing by the agency in accordance with this
					 subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter I - UNDERGROUND STORAGE TANK ON-SITE SUPERVISOR LICENSING AND CONTRACTOR REGISTRATION › Section 334.401 - License and Registration Required

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  individual supervising the installation, repair, or removal of an underground
				  storage tank (UST), as defined in §
										334.2 of
				  this title (relating to Definitions), must hold an on-site supervisor license
				  issued by the commission in accordance with Chapter 30 of this title (relating
				  to Occupational Licenses and Registrations). An on-site supervisor must be
				  present at the site at all times during the critical junctures of the
				  installation, repair, or removal, as defined in §
										30.307 of
				  this title (relating to Definitions). All references to installer throughout
				  this chapter is the same as on-site supervisor.
(b) Any person or business entity that offers
				  to undertake, represents itself as being able to undertake, or does undertake
				  the installation, repair, or removal of a UST, as defined in §
										334.2 of
				  this title, must hold a UST contractor registration issued by the commission in
				  accordance with Chapter 30 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 I - UNDERGROUND STORAGE TANK ON-SITE SUPERVISOR LICENSING AND CONTRACTOR REGISTRATION › Section 334.407 - Other Requirements for an Underground Storage Tank Contractor

Current through Reg. 49, No. 28; July 12, 2024
(a) A registered
				  underground storage tank (UST) contractor is required to maintain insurance and
				  net worth requirements, as required by §
										30.315
				  of this title (relating to Qualifications for an Initial Registration),
				  throughout the period that the contractor holds a valid registration from the
				  executive director.
(b) A UST
				  contractor subject to the provisions of this subchapter employed or otherwise
				  engaged by a UST owner or operator (or by any other person representing to be
				  the UST owner or operator) to conduct the installation, repair, or removal of a
				  UST shall comply with all applicable technical standards of Subchapter C of
				  this chapter (relating to Technical Standards) and Chapter 213 of this title
				  (relating to Edwards Aquifer).
(c)
				  Compliance with the provisions of this subchapter by a registered contractor
				  shall not relieve such contractor from the responsibility of compliance with
				  all applicable regulations legally promulgated by the United States
				  Environmental Protection Agency, United States Occupational Safety and Health
				  Administration, United States Department of Transportation, Texas Department of
				  State Health Services, Texas Department of Insurance (including state fire
				  marshal), Railroad Commission of Texas, Texas Department of Agriculture, State
				  Comptroller, Texas Department of Public Safety, Texas Commission on
				  Environmental Quality, and other federal, state, and local governmental
				  agencies or entities having appropriate jurisdiction.
(d) A UST contractor must have an on-site
				  supervisor who is licensed by the agency under this subchapter at the site at
				  all times during the critical junctures of the installation, repair, or
				  removal, as defined in §
										30.307 of
				  this title (relating to Definitions).
(e) A UST contractor must prominently display
				  the UST contractor registration number on all bids, proposals, offers, and
				  installation drawings.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter I - UNDERGROUND STORAGE TANK ON-SITE SUPERVISOR LICENSING AND CONTRACTOR REGISTRATION › Section 334.424 - Other Requirements for an On-Site Supervisor

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed on-site supervisor subject to
				  the provisions of this subchapter that is engaged in the installation, repair,
				  or removal of underground storage tanks (USTs) shall be required to comply with
				  all applicable technical standards of Subchapter C of this chapter (relating to
				  Technical Standards) and Chapter 213 of this title (relating to Edwards
				  Aquifer).
(b) Compliance with the
				  provisions of this subchapter by a licensed on-site supervisor shall not
				  relieve such licensee from the responsibility of compliance with all applicable
				  regulations legally promulgated by the United States Environmental Protection
				  Agency, United States Occupational Safety and Health Administration, United
				  States Department of Transportation, Texas Department of State Health Services,
				  Texas Department of Insurance (including state fire marshal), Railroad
				  Commission of Texas, Texas Department of Agriculture, State Comptroller, Texas
				  Department of Public Safety, Texas Commission on Environmental Quality, and
				  other federal, state, and local governmental agencies or entities having
				  appropriate jurisdiction.
(c) A
				  licensed on-site supervisor who offers to undertake, represents to undertake,
				  or does undertake the installation, repair, or removal of a UST shall either be
				  registered as a UST contractor in accordance with this subchapter, or be
				  employed by a registered UST contractor.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter J - LEAKING PETROLEUM STORAGE TANK CORRECTIVE ACTION SPECIALIST REGISTRATION AND PROJECT MANAGER LICENSING › Section 334.451 - Applicability of Subchapter J

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  When referring to corrective action project managers within this chapter, the
				  terms "registered" and "licensed" have the same meaning.
(b) All corrective action services covered by
				  this chapter must be performed by or be coordinated by a person or entity
				  registered as a corrective action specialist.
(c) All corrective action services covered by
				  this chapter must be supervised by a licensed corrective action project manager
				  according to Subchapter E of Chapter 30 of this title (relating to Leaking
				  Petroleum Storage Tank Corrective Action Project Managers and
				  Specialists).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter J - LEAKING PETROLEUM STORAGE TANK CORRECTIVE ACTION SPECIALIST REGISTRATION AND PROJECT MANAGER LICENSING › Section 334.454 - Exception for Emergency Abatement Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator or other person may
				  undertake such corrective action as may be necessary to abate any immediate
				  threat to human health and safety or the environment caused by a release or
				  threatened release without a registered corrective action specialist or a
				  licensed corrective action project manager; and a person who is not registered
				  under §
										30.190
				  of this title (relating to Qualifications for Initial Registration), or §
										30.180
				  of this title (relating to Qualifications for Initial License) may provide or
				  perform such services provided that the action is in compliance with this
				  section.
(b) For this section to
				  apply, the owner or operator or other person must:
(1) demonstrate that the actions taken were
				  necessary to protect against imminent danger to human health and safety by
				  mitigating fire, explosion, and vapor hazards, by removing free product from
				  structures, basements, sumps, etc., or performing other actions as deemed
				  necessary by the executive director;
(2) notify the executive director of the
				  emergency occurrence within 24 hours of commencing emergency abatement
				  action;
(3) notify the local fire
				  marshal (or state fire marshal if no local authority is available) within 24
				  hours of commencing emergency abatement action; and
(4) obtain the services of a registered
				  corrective action specialist within ten days of commencing emergency
				  action.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter J - LEAKING PETROLEUM STORAGE TANK CORRECTIVE ACTION SPECIALIST REGISTRATION AND PROJECT MANAGER LICENSING › Section 334.455 - Notice to Owner or Operator

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  notice of corrective action must be provided by the corrective action
				  specialist, in accordance with this section for any corrective action services
				  which are commenced on or after October 1, 1994.
(b) The notice requirements of this section
				  apply regardless of whether or not the person offering the services is working
				  directly for an owner or operator. The notice of corrective action must be
				  given to the owner or operator prior to the time when the offer to perform
				  corrective action services is accepted.
(c) The notice must contain the following:
(1) whether the person or entity is
				  registered in accordance with Chapter 30 of this title (relating to
				  Occupational Licenses and Registrations);
(2) the person or entity's registration
				  number;
(3) proof of commercial
				  liability insurance required in §
											30.190
				  of this title (relating to Qualifications for Initial Registration);
				  and
(4) the disclaimer required in
				  subsection (f) of this section; and
(5) a statement signed by the owner or
				  operator and by a representative of the corrective action specialist which
				  indicates both parties are aware of the registration requirements for
				  corrective action specialists and licensing requirements for corrective action
				  project managers set forth in Chapter 30 of this title, and that reimbursement
				  will be in accordance with the provisions of Subchapter H of this chapter
				  (relating to Reimbursement Program) and in accordance with the published agency
				  reimbursable cost guidelines.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.482 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) No person
				  may cause, suffer, allow, or permit the storage, treatment, transport, reuse,
				  or disposal of petroleum-substance waste except as authorized by this
				  subchapter and the rules of the commission.
(b) Prior to proceeding in any manner that
				  differs from the requirements of this subchapter, the generator and/or an
				  authorized representative of the treatment facility must secure written agency
				  approval in the form of a variance in accordance with this section.
(c) The agency has authority to review and
				  approve requests for variances from the requirements of this subchapter. The
				  agency may approve such requests only if the generator and/or an authorized
				  representative of the treatment facility can demonstrate to the satisfaction of
				  appropriate agency staff that the proposed alternative procedure is protective
				  of human health and safety and the environment.
(d) Any request to the agency for approval of
				  a variance must be made in writing, must be signed and dated by the generator
				  and/or an authorized representative of the treatment facility, and must be
				  accompanied by complete project identification and documentation as requested
				  by agency staff.
(e) If a variance
				  is granted by the agency, the generator and treatment facility must maintain
				  complete copies of the variance and supporting documentation (including the
				  request for the variance) in the manner described in §334.497 (relating to
				  Recordkeeping and Reporting Procedures Applicable to Generators).
(f) Once a person has received a written
				  variance from the agency under this subsection, that person must adhere to the
				  terms of that variance as written or to the rule requirements for which the
				  variance was sought.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.483 - Disposal by Generator

Current through Reg. 49, No. 28; July 12, 2024
A generator of petroleum-substance waste may not finally
					 dispose of petroleum-substance waste at a site or facility unless the site or
					 facility is authorized to receive such wastes pursuant to one of the
					 following:
(1) permit issued by the
				  commission pursuant to Chapter 335 of this title (relating to Industrial Solid
				  Waste and Municipal Hazardous Waste) or Chapter 330 of this title (relating to
				  Municipal Solid Waste Management);
(2) authorization issued jointly by the Texas
				  Railroad Commission and the commission for a facility currently permitted by
				  the Railroad Commission; or
(3)
										§
										334.501 of
				  this title (relating to Reuse of Petroleum-Substance Waste).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.485 - Suspension or Revocation of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration may be suspended or
				  revoked for the following reasons:
(1) if the
				  registrant fails to maintain complete and accurate records required under this
				  subchapter;
(2) if the registrant
				  falsifies information in, or omits material information from, any records or
				  documents maintained, received, or required by this chapter;
(3) if the registrant fails to comply with
				  any rule or order entered by the commission pursuant to the requirements of
				  Chapter 334 of this title (relating to Underground and Aboveground Storage
				  Tanks);
(4) if the registrant fails
				  to maintain financial assurance as required by this subchapter and Chapter 37,
				  Subchapter K of this title (relating to Financial Assurance Requirements for
				  Class A or B Petroleum- Substance Contaminated Soil Storage, Treatment, and
				  Reuse Facilities);
(5) if the
				  registrant exceeds maximum allowable inventory without prior written
				  authorization from the agency; or
(6) for any good cause which, in the opinion
				  of the executive director, constitutes grounds for suspension or revocation of
				  the registration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.486 - Denial of Application for Registration or Renewal

Current through Reg. 49, No. 28; July 12, 2024
The agency may deny an application for registration or an
					 application for renewal of registration of a facility under this subchapter for
					 the following reasons:
(1) if the
				  applicant fails to meet any of the requirements set forth in §
										334.484
				  of this title (relating to Registration Required for Petroleum-Substance Waste
				  Storage or Treatment Facilities);
(2) if the applicant fails to comply with any
				  rule or order of the commission;
(3) if the applicant submits false
				  information on or omits material information from the application or any other
				  documentation required to be maintained or submitted under this chapter; or
				  under Chapter 37, Subchapter K, of this title (relating to Financial Assurance
				  Requirements for Class A or B Petroleum-Substance Contaminated Soil Storage,
				  Treatment, and Reuse Facilities); or
(4) for any good cause which in the opinion
				  of the executive director constitutes grounds for denial of the application for
				  registration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.487 - Renewal of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  registrations under this subchapter shall expire five years from the date of
				  issuance.
(b) The agency will
				  notify each registrant in writing of the impending registration expiration at
				  least 60 days prior to the expiration of the registration.
(c) The agency will provide application forms
				  for renewal of a registration.
(d)
				  A properly completed application for renewal shall be submitted to the agency
				  at least 30 days prior to the expiration date of the registration. The current
				  registration shall be valid until the agency notifies the applicant of renewal
				  or denial of the submitted renewal application, provided a properly completed
				  application for renewal was submitted at least 30 days prior to the expiration
				  date of the registration.
(e) Upon
				  proper completion of the registration renewal process, the agency will either
				  issue a renewed registration indicating the expiration date or deny the
				  application for renewal, as authorized by §
										334.486
				  of this title (relating to Denial of Application for Registration or
				  Renewal).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.488 - Authorization for Class C and Class D Facilities

Current through Reg. 49, No. 28; July 12, 2024
Authorization for Class C and Class D facilities is issued
					 by the agency when the leaking petroleum storage tank (LPST) site is subject to
					 a corrective action plan involving storage and treatment activities pursuant to
					 §
										334.81 of
					 this title (relating to Corrective Action Plan). Agency approval of the
					 corrective action plan for the storage or treatment activities shall constitute
					 authorization for the Class C or Class D facility. A Class C or Class D storage
					 or treatment facility shall remain in operation only as long as is necessary to
					 store or treat the soil from that one LPST site and it shall not accept soil
					 from any other site at any time. The underground or aboveground storage tank
					 owner or operator shall ensure that the approved storage and treatment
					 activities comply with the following applicable provisions:
					 §§334.482, 334.483, 334.490, 334.494, 334.496 - 334.503, and 334.505
					 - 334.507 of this title (relating to General Prohibitions; Disposal by
					 Generator; Notification and Mobilization Requirements for Class B Facilities;
					 Closure and Facility Expansion; Shipping Procedures Applicable to Generators of
					 Petroleum-Substance Waste; Recordkeeping and Reporting Procedures Applicable to
					 Generators; Shipping Requirements Applicable to Transporters of
					 Petroleum-Substance Waste; Shipping Requirements Applicable to Owners or
					 Operators of Storage, Treatment, or Disposal Facilities; Recordkeeping
					 Requirements Applicable to Owners or Operators of Storage, Treatment, or
					 Disposal Facilities; Additional Reports; Design and Operating Requirements of
					 Stockpiles and Land Surface Treatment Units; Reuse of Petroleum-Substance
					 Waste; Security; Contingency Plan; and Emergency Procedures).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.489 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
The following are exempt from the requirements of this
					 subchapter:
(1) facilities which
				  operate under the jurisdiction of the Texas Railroad Commission or for the
				  purpose of disposal, facilities permitted or regulated under other commission
				  rules promulgated under the Texas Health and Safety Code, Solid Waste Disposal
				  Act, Chapters 361, 363, or 371; and
(2) leaking petroleum storage tank sites
				  which treat petroleum-substance contaminated media if the media is treated
				  in-situ in accordance with the provisions of Subchapter D of this chapter
				  (relating to Release Reporting and Corrective Action). Such sites, however, are
				  not exempt from the provisions of §
										334.482 of
				  this title (relating to General Prohibitions);
(3) petroleum contaminated soil treatment
				  facilities located at municipal landfills that comply with § 330.8 of this
				  title (relating to Notification Requirements).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.490 - Notification and Mobilization Requirements for Class B Facilities

Current through Reg. 49, No. 28; July 12, 2024
In addition to the required registration under §
										334.484
					 of this title (relating to Registration Required for Petroleum-Substance Waste
					 Storage or Treatment Facilities).
(1)
				  The owner or operator of a Class B facility shall notify the appropriate agency
				  regional office at least 48 hours in advance of moving the treatment unit to
				  the leaking petroleum storage tank (LPST) site.
(2) The owner or operator of the Class B
				  facility shall notify the local fire marshal or other appropriate fire official
				  at least 48 hours in advance of moving the treatment unit to the LPST
				  site.
(3) The owner or operator of
				  the underground or aboveground storage tank who intends to utilize a Class B
				  facility at a particular LPST site shall obtain agency approval pursuant to
				  §
										334.81 of
				  this title (relating to Corrective Action Plan).
(4) The Class B facility shall remain at the
				  LPST site for only the time period necessary to complete the treatment, but no
				  longer than 30 days, unless written authorization is obtained from the
				  agency.
(5) The Class B facility
				  owner or operator shall provide notice to the public by means of posting signs
				  at the LPST site at least 14 days prior to moving the treatment unit onto the
				  LPST site or within another time frame as approved by the agency. The signs
				  shall be legible from a distance of at least 25 feet and shall be posted at all
				  entrances to the facility. The signs shall state "Public Notice of Petroleum-
				  Substance Contaminated Soil Treatment", the name and phone number of the
				  treatment facility owner, the name and phone number of the tank owner or
				  operator, the registration number of the treatment facility, the type of soil
				  treatment to be conducted, and the date(s) the treatment will be
				  conducted.
(6) The Class B facility
				  owner or operator shall produce upon demand the registration certificate issued
				  by the agency under this subchapter as well as any other permit or
				  authorization required by law.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.491 - Notice to Owners or Operators

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Written notice shall be provided in accordance with this section to any person,
				  including the tank owner and operator, with any offer to perform any services
				  of storage, treatment, or reuse of petroleum-substance contaminated soil
				  proposed after December 27, 1996.
(b) The notice shall contain the following:
(1) the facility registration number issued
				  pursuant to this subchapter's registration requirements;
(2) the following disclaimer reproduced in
				  its entirety: "The registration of a storage or treatment facility by the Texas
				  Commission on Environmental Quality (TCEQ) does not constitute endorsement,
				  licensing, or promotion of any storage or treatment facility. Registration does
				  not imply that the TCEQ guarantees the quality of the work performed or that
				  the cost of the work will be reimbursed."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.492 - Public Notice

Current through Reg. 49, No. 28; July 12, 2024
The Class A facility owner or operator shall provide notice
					 to the general public regarding the location, construction, operation, and
					 potential impacts of the storage or treatment facility.
(1) The facility owner or operator shall
				  provide notice of the facility to the general public by means of a notice by
				  publication and a notice by mail.
(2) The notice shall contain, at a minimum,
				  the following information in accordance with forms approved by the agency:
(A) the name, address, phone number, and
				  contact person for the owner of the facility;
(B) the name, address, phone number, and
				  contact person for the operator of the facility;
(C) the name, address, phone number, and
				  contact person for the landowner (if different from the facility
				  owner);
(D) the address and the
				  physical description for the location of the facility;
(E) notice to the public of the opportunity
				  to submit written comments regarding the application for registration of the
				  facility and to request a public meeting regarding the proposed facility within
				  30 days of the date of the notice;
(F) notice that an application for
				  registration has been filed with the agency;
(G) a complete description of the activities
				  which will be conducted at the facility, including details on the construction
				  of the facility, the soil storage methods, the soil treatment methods, the
				  final disposition of the treated soils, and documentation on any points of
				  discharge;
(H) the method for
				  obtaining additional information on the facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.493 - Public Meetings for Class A Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency may, in response to a request
				  from the public or at its own discretion, require the Class A facility owner or
				  operator to hold a public meeting whenever such a meeting might clarify one or
				  more issues concerning an application for registration of a facility.
(b) Upon request by the agency, the Class A
				  facility owner or operator, at its expense, shall schedule and hold a public
				  meeting at a time and place which are convenient for the general public
				  affected by the facility. Notice of the public meeting shall be provided by the
				  Class A facility owner or operator to the public, not less than 30 days prior
				  to the date of the meeting, in the manner described in §334.492(3), (4),
				  and (5) of this title (relating to Public Notice).
(c) The forum chosen for the meeting shall be
				  accessible to persons who are mobility impaired. Prior to scheduling of the
				  meeting, the applicant shall coordinate the scheduling of the meeting with
				  agency personnel to ensure the availability of agency personnel for the
				  meeting. The applicant shall confirm with the agency the date, time, and
				  location of the meeting not less than 15 days prior to the meeting. The meeting
				  shall be open to the public to provide information on the proposed facility and
				  to allow for comments by the public. The agency will consider all comments
				  relating to the requirements of this subchapter when determining the outcome of
				  the registration application. The applicant shall again confirm with the agency
				  on the time and place of the meeting at least 72 hours prior to the
				  meeting.
(d) If the agency does not
				  request the Class A facility owner or operator to hold a public meeting as
				  authorized by this section, no public meeting shall be required before the
				  agency may approve or deny an application for registration of a Class A
				  facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.494 - Closure and Facility Expansion

Current through Reg. 49, No. 28; July 12, 2024
A person who stores or treats petroleum-substance waste at
					 a Class A or B facility shall notify the agency in writing of any closure
					 activity or facility expansion not specifically stated in the original
					 application for registration at least 30 days prior to conducting such
					 activity. Such person shall submit to the agency upon request such information
					 as may reasonably be required to enable the agency to determine whether such
					 activity is compliant with this subchapter and whether additional public notice
					 should be conducted. Any information provided under this section shall be
					 submitted to the agency's office in Austin and to the appropriate regional
					 office.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.495 - Location Standards for Class A Petroleum-Substance Waste Storage or Treatment Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency
				  will not issue a registration for a Class A petroleum-substance waste
				  management facility unless it finds that the proposed site, when evaluated in
				  light of proposed design, construction, and operational features, reasonably
				  minimizes possible contamination of surface water and groundwater. In making
				  this determination, the agency will consider the following factors:
(1) flooding or active geologic processes
				  such as erosion, subsidence, submergence, and faulting;
(2) groundwater conditions such as
				  groundwater flow rate, groundwater quality, length of flow path to points of
				  discharge, and aquifer recharge or discharge conditions;
(3) soil conditions such as stratigraphic
				  profile, stratigraphic complexity, and hydraulic conductivity of
				  strata;
(4) separation distance
				  from the facility to the aquifer and to points of discharge to surface water;
				  and
(5) climatological
				  conditions.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.496 - Shipping Procedures Applicable to Generators of Petroleum-Substance Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) No generator
				  shall transport petroleum-substance waste from the generating site unless the
				  waste has been properly sampled to determine the levels of all possible
				  contaminants in the waste. Necessary documentation shall, at a minimum, consist
				  of documentation on the sampling, handling, chain-of-custody documentation, and
				  copies of signed laboratory reports on samples collected from the specified
				  wastes that contain results of analysis for:
(1) the major components of the
				  petroleum-substance waste such as benzene, toluene, ethylbenzene, total
				  xylenes, and total petroleum hydrocarbons or the major components of total
				  petroleum hydrocarbons; and
(2) any
				  other contaminants as specified by the agency based on specific conditions of
				  the generating site.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.497 - Recordkeeping and Reporting Procedures Applicable to Generators

Current through Reg. 49, No. 28; July 12, 2024
Each generator of petroleum-substance waste shall comply
					 with the following.
(1) The generator
				  shall keep records of all petroleum-substance waste activities regarding the
				  quantities generated and shipped off-site for storage, treatment, or disposal
				  and which, at a minimum, includes the information described in paragraphs (1) -
				  (5) of this section. The maintained records shall be retrievable, legible, and
				  immediately available for inspection and copying by agency personnel. The
				  required records shall be sufficiently detailed and complete to support any
				  contentions or claims made by the generator with respect to the following:
(A) the description, character, and
				  classification of each waste;
(B)
				  the quantity of waste and the date(s) it was generated;
(C) identification of the generating location
				  and the tank owner or operator;
(D)
				  the methods of storage, treatment, or disposal;
(E) the quantity and date(s) the waste was
				  shipped off-site for storage, treatment, or disposal including the name,
				  address, and location of each off-site facility and transporter receiving
				  shipments.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.498 - Shipping Requirements Applicable to Transporters of Petroleum-Substance Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) No transporter
				  shall ship petroleum-substance waste to an off-site storage, treatment, or
				  disposal facility, unless the transporter:
(1) obtains a manifest initiated by the
				  generator in accordance with §
											334.496
				  of this title (relating to Shipping Procedures Applicable to Generators of
				  Petroleum-Substance Waste); and
(2)
				  upon receipt and prior to shipment, signs and dates the manifest acknowledging
				  the acceptance of waste from the generator where appropriate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.499 - Shipping Requirements Applicable to Owners or Operators of Storage, Treatment, or Disposal Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  owner or operator of a storage, treatment, or disposal facility may accept
				  delivery of petroleum-substance waste for storage, treatment, or disposal
				  unless:
(1) a Texas Commission on
				  Environmental Quality (TCEQ) Petroleum Storage Tank (PST) - Waste Manifest
				  accompanies the shipment which designates that facility to receive the
				  waste;
(2) the facility owner or
				  operator signs the PST-Waste Manifest and immediately gives at least one copy
				  of the signed PST-Waste Manifest to the transporter;
(3) the facility owner or operator retains
				  one copy of the PST-Waste Manifest in accordance with §
											334.500
				  of this title (relating to Recordkeeping Requirements Applicable to Owners or
				  Operators of Storage, Treatment, or Disposal Facilities); and
(4) within 30 days after receipt of the
				  waste, the facility owner or operator sends a copy of the PST- Waste Manifest
				  to the generator.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.500 - Recordkeeping Requirements Applicable to Owners or Operators of Storage, Treatment, or Disposal Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All records required by this subchapter shall be retained by the facility owner
				  or operator for a minimum of five years from the date of receipt of the waste.
				  The records shall be maintained in a secure location on the premises of the
				  storage, treatment, or disposal facility and shall be immediately accessible by
				  the facility owner and operator. In the event that copies of the required
				  records cannot reasonably be maintained on the premises of the facility, such
				  records may be maintained at a readily- accessible alternate site, provided
				  that the following conditions are met.
(1) If
				  the facility is in operation, the records shall be readily accessible for
				  reference by the facility owner and operator.
(2) The records shall be readily accessible
				  and available for inspection and copying upon request by agency
				  personnel.
(3) The facility owner
				  or operator shall provide the following information in writing to the agency's
				  central office:
(A) the specific location
				  where the required records are maintained; and
(B) the name, address, and telephone number
				  of the authorized custodian of the records.
(4) The written information required in
				  paragraph (3) of this subsection shall be submitted with the application for
				  registration and within 15 days after the records are moved to an alternate
				  site from that specified in the registration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter K - STORAGE, TREATMENT, AND REUSE PROCEDURES FOR PETROLEUM-SUBSTANCE CONTAMINATED SOIL › Section 334.501 - Additional Reports

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator of a Class A or Class B facility
					 shall report to the agency within 24 hours of the discovery of any releases,
					 fires, explosions, breakdowns, shutdowns, releases, or spills which result or
					 may result in the discharge of any contaminants to the ground, surface water,
					 or groundwater.