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 D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.81 - Corrective Action Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) At any
				  point after reviewing the information submitted in compliance with §§
										334.76-334.78 of this
				  title (relating to Initial Response to Releases; Initial Abatement Measures and
				  Site Check; and Site Assessment), the agency may require owners or operators to
				  submit additional information or to develop and submit a corrective action plan
				  for responding to contaminated soils and groundwater. If a plan is required,
				  owners and operators must submit the plan according to a schedule and format
				  established by the agency. Alternatively, owners and operators may, after
				  fulfilling the requirements of §§
										334.76-334.78 of this
				  title, choose to submit a corrective action plan for responding to contaminated
				  soil and groundwater. In either case, owners and operators are responsible for
				  submitting a plan that provides for adequate protection of human health,
				  safety, and the environment as determined by the agency, and must modify their
				  plan as necessary to meet this standard.
(b) The agency will approve the corrective
				  action plan after ensuring that implementation of the plan will adequately
				  protect human health, safety, and the environment as determined in §
										334.203
				  of this title (relating to Risk Based Criteria for Establishing Target
				  Concentrations) and to achieve case closure criteria. In making this
				  determination, the agency will consider the following factors as deemed
				  appropriate:
(1) the physical and chemical
				  characteristics of the regulated substance, including its toxicity,
				  persistence, and potential for migration;
(2) the hydrogeologic characteristics of the
				  facility and the surrounding area;
(3) the proximity, quality, and current and
				  future uses of nearby surface water and groundwater;
(4) the potential effects of residual
				  contamination on nearby surface water and groundwater;
(5) an exposure assessment;
(6) a determination of the most effective and
				  feasible method of remediation;
(7)
				  an estimate of the time to achieve cleanup;
(8) operation, monitoring, and performance
				  plan; and
(9) any information
				  assembled in compliance 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 D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.82 - Public Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) For each
				  confirmed release that requires corrective action, the owner or operator must
				  provide notice to the public by means designated to reach those members of the
				  public directly affected by the release and the planned corrective action. This
				  notice may include, but is not limited to, public notice in local newspapers,
				  block advertisements, publication in a state register, certified letters to
				  individual households or businesses, or personal contacts.
(b) The owner or operator must submit proof
				  of the notification required under subsection (a) of this section to the agency
				  within 30 days of either agency, or owner or operator, determination that
				  off-site assessment is required, whichever date is earlier.
(c) The agency shall give public notice to
				  affected parties if implementation of an approved corrective action plan does
				  not achieve the established cleanup levels in the plan and termination of that
				  plan is under consideration by the executive director. When corrective action
				  is performed by the agency, the agency will provide the notification referenced
				  in subsection (a) of this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.83 - Emergency Orders

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding any other provision of this subchapter, the
					 commission or the executive director may issue emergency orders under Texas
					 Water Code, §
										5.510
					 and Chapter 35 of this title (relating to Emergency and Temporary Orders and
					 Permits; Temporary Suspension or Amendment of Permit Conditions) to the owner
					 or operator of an aboveground storage tank or underground storage
					 tank.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.84 - Corrective Action by the Agency

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The agency may undertake corrective action in response to a release or a
				  threatened release if:
(1) the owner or
				  operator of the aboveground storage tank (AST) or underground storage tank
				  (UST) is unwilling to take appropriate corrective action;
(2) the owner or operator of the AST or UST
				  cannot be found;
(3) the owner or
				  operator of the AST or UST, in the opinion of the agency, is unable to take the
				  corrective action necessary to protect the public health and safety and/or the
				  environment;
(4) the owner or
				  operator is eligible for an extension for corrective action reimbursement under
				  Texas Water Code, §
											26.3571;
				  has been granted such extension by the executive director; has applied to the
				  agency in writing on an agency application form not later than July 1, 2011, to
				  have an eligible corrective action site placed in the Petroleum Storage Tank
				  State Lead Program administered by the commission; and has agreed on the
				  application form to allow access to that site to state personnel and state
				  contractors. Once the executive director places such a site in the state lead
				  program, the eligible owner or operator of that site is not liable to the
				  commission for any corrective action costs incurred by the state lead program
				  with regard to the site, unless the statutorily allowable maximum cost per site
				  is exceeded; or
(5) notwithstanding
				  any other provision of this subchapter, the executive director determines that
				  more expeditious corrective action than is provided by this subchapter is
				  necessary to protect the public 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 D - RELEASE REPORTING AND CORRECTIVE ACTION › Section 334.85 - Management of Wastes

Current through Reg. 49, No. 28; July 12, 2024
The management and disposition of waste generated as a
					 result of a release of regulated substances associated with an aboveground or
					 underground storage tank must be in accordance with all applicable federal and
					 state requirements and in a manner that will not result in adverse impacts to
					 human health and safety and the environment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter F - ABOVEGROUND STORAGE TANKS › Section 334.121 - Purpose and Applicability for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this subchapter is to provide a regulatory program for aboveground
				  storage tanks (ASTs) storing petroleum products, as prescribed by the Texas
				  Water Code, Chapter 26, Subchapter I, to maintain and protect the quality of
				  groundwater and surface water resources in the state from certain substances in
				  ASTs that may pollute such groundwater and surface water resources, and to
				  provide for the protection of human health and safety, as well as the
				  protection of the overall environment of the state.
(b) Applicability.
(1) An AST shall be subject to the
				  regulations in this subchapter only when such tank:
(A) meets the definition of "aboveground
				  storage tank" in §
												334.122
				  of this title (relating to Definitions for Aboveground Storage Tanks
				  (ASTs));
(B) contains, has
				  contained, or will contain a "petroleum product" as defined in §
												334.2 of
				  this title (relating to Definitions);
(C) is not exempted from regulation in §
												334.123
				  of this title (relating to Exemptions for Aboveground Storage Tanks (ASTs));
				  and
(D) is not excluded from
				  regulation in §
												334.124
				  of this title (relating to Exclusions for Aboveground Storage Tanks
				  (ASTs)).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter F - ABOVEGROUND STORAGE TANKS › Section 334.122 - Definitions for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
				  this section, the words and terms used in this subchapter have the meanings
				  prescribed in §
										334.2 of
				  this title (relating to Definitions), unless the context clearly indicates
				  otherwise.
(b) The following words
				  and terms, as used in this subchapter only, shall have the following meanings,
				  unless the context clearly indicates otherwise.
(1) Aboveground storage tank--A nonvehicular
				  device (including any associated piping) that is made of nonearthen materials;
				  located on or above the surface of the ground, or on or above the surface of
				  the floor of a structure below ground, such as a mineworking, basement, or
				  vault; and designed to contain an accumulation of petroleum products.
(2) Associated piping--All underground pipes
				  or aboveground pipes (including related valves, elbows, joints, flanges,
				  connectors, and other fittings) which are directly associated with an AST
				  storing petroleum products, which are located at the AST facility, and through
				  which petroleum products flow or in which petroleum products are contained or
				  stored.
(3) Bulk facility--A
				  facility, including pipeline terminals, refinery terminals, rail and barge
				  terminals, and associated underground and ASTs, connected or separate, from
				  which petroleum products are withdrawn from bulk and delivered into a cargo
				  tank or barge used to transport those products.
(4) Electric generating facility--A plant or
				  facility where on-site equipment is used to generate electrical power on a
				  continuous or regular basis. This term does not include emergency generators,
				  as defined in §
											334.2 of
				  this title.
(5) Nonearthen
				  materials--Man-made materials designed to provide structural support and
				  containment, such as concrete, steel, or plastic.
(6) Nonvehicular device--A fixed, stationary,
				  or moveable storage vessel which is not affixed or mounted to any
				  self-propelled, towable, or pushable vehicle (e.g., wagon, truck, trailer,
				  railcar, aircraft, boat, or barge).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter F - ABOVEGROUND STORAGE TANKS › Section 334.123 - Exemptions for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) The following aboveground storage tanks
				  (ASTs) are exempt from regulation under this subchapter:
(1) a farm or residential tank with a
				  capacity of 1,100 gallons or less used for storing motor fuel for
				  non-commercial purposes;
(2) a tank
				  used for storing heating oil for consumptive use on the premises where
				  stored;
(3) a septic
				  tank;
(4) a surface impoundment,
				  pit, pond, or lagoon;
(5) a
				  stormwater or wastewater collection system;
(6) a flow-through process tank;
(7) a tank, liquid trap, gathering line, or
				  other facility 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 Texas Natural Resources Code, §
											91.101;
(8) a tank located on or above the surface of
				  the floor of an underground area, such as a basement, cellar, mineworking,
				  drift, shaft, or tunnel, if the sole or principal substance in the tank is a
				  hazardous substance; and
(9) a tank
				  that is located at or is part of a petrochemical plant, a petroleum refinery,
				  an electric generating facility, or a bulk facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter F - ABOVEGROUND STORAGE TANKS › Section 334.124 - Exclusions for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsection (b) of
				  this section, the following aboveground storage tanks (ASTs) are excluded from
				  regulation under this subchapter:
(1) any
				  tank with a capacity of 1,100 gallons or less;
(2) any emergency spill protection or
				  emergency overflow containment tank, including any sump or secondary
				  containment system, which is used solely for the temporary storage or
				  containment of petroleum products resulting from a leak, spill, overfill, or
				  other unplanned release of petroleum products from any source, and where the
				  petroleum products are routinely removed within 48 hours of the discovery of
				  the release, provided that this tank must be inspected for a release no less
				  than once every 30 days;
(3) any
				  tank that contains petroleum products at such dilute concentrations that:
(A) the mixture is not capable of being used
				  as a fuel for the propulsion of a motor vehicle or aircraft; and
(B) any release would not pose any
				  significant threat to human health and safety or the environment;
(4) a transformer or other
				  electrical equipment that is used in the transmission of electricity.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter F - ABOVEGROUND STORAGE TANKS › Section 334.125 - General Prohibitions and Requirements for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Delivery
				  prohibition. Except as provided in paragraph (1) of this subsection, on or
				  after June 25, 1990, no common carrier (as defined in §
										334.2 of
				  this title (relating to Definitions) shall deposit any petroleum products into
				  an aboveground storage tank (AST) unless he observes that the owner or operator
				  has a valid, current registration certificate, issued by the agency in
				  accordance with §
										334.127
				  of this title (relating to Registration for Aboveground Storage Tanks (ASTs)).
(1) For new or replacement AST systems, only
				  during the initial period ending 90 days after that petroleum product is first
				  deposited into such system(s), a common carrier may accept, as adequate to meet
				  this requirement, documentation that the owner or operator has a "temporary
				  delivery authorization" (as defined at §
											334.127(h)
				  of this title) issued by the agency for the facility at which the new or
				  replacement AST system(s) exists.
(2) A common carrier delivering petroleum
				  product into an AST system may observe a valid, current, original registration
				  certificate (or temporary delivery authorization, if applicable), or a legible
				  copy of the same.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter F - ABOVEGROUND STORAGE TANKS › Section 334.126 - Installation Notification for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (b) of this section, any person who intends to install a
				  new or replacement aboveground storage tank (AST) must comply with the
				  notification requirements of this section prior to initiating such activity.
(1) Installation notifications shall be
				  submitted to the agency at least 30 days prior to initiating the activity.
(A) The notification may be provided either
				  to the agency's central office in Austin or to the agency's appropriate
				  regional office. The official date of notification shall be the date on which
				  the notification is first received in an agency office.
(B) Notification may be provided by the owner
				  or operator, or an authorized representative of the owner or operator, (e.g.,
				  the contractor or consultant retained for the activity). Notifications filed by
				  unauthorized persons shall be null and void.
(C) Notifications shall be submitted on the
				  agency's authorized form. The form shall be filled out completely. Upon
				  completion, the form shall be dated and signed by the owner or operator (or
				  authorized representative) and shall be filed in accordance with this
				  paragraph.
(D) When appropriate,
				  installation notifications for ASTs (as required under this section) may be
				  filed together with construction notifications for underground storage tank
				  (UST) activities at the same facility (as required by §
												334.6
				  of this title (relating to Construction Notification for Underground Storage
				  Tank (USTs) and UST Systems)), provided that complete and accurate explanation
				  of the activities is included.
(E)
				  Between 24 and 72 hours prior to the scheduled time of initiation of the
				  installation, the owner or operator (or authorized representative) shall
				  contact the agency's appropriate regional office to confirm the time of the
				  initiation of the installation activities.
(F) The requirements and procedures for
				  rescheduling, waiver requests, and expiration as related to installation
				  notifications for ASTs shall be in conformance with the procedures for
				  construction notifications applicable to USTs in §
												334.6(b)(3)-(5)
				   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 F - ABOVEGROUND STORAGE TANKS › Section 334.127 - Registration for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions.
(1) All aboveground storage tanks (ASTs) in
				  existence on or after September 1, 1989, 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 exempt
				  from regulation under §
												334.123
				  of this title (relating to Exemptions for Aboveground Storage Tanks (ASTs));
				  or
(B) are excluded from regulation
				  under §
												334.124
				  of this title (relating to Exclusions for Aboveground Storage Tanks
				  (ASTs)).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter F - ABOVEGROUND STORAGE TANKS › Section 334.128 - Annual Facility Fees for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Fee
				  assessments.
(1) Except as provided in
				  subsection (e) of this section, an annual facility fee of $25 will be assessed
				  by the agency for each aboveground storage tank (AST) subject to the
				  registration provisions of §
											334.127
				  of this title (relating to Registration for Aboveground Storage Tanks
				  (ASTs)).
(2) All annual facility
				  fees will be billed to, and must be payable by, the owner of the AST.
(3) Payment of annual facility fees is due no
				  later than 30 days after the date the agency mails a statement of the
				  assessment to the tank owner.
(4)
				  Annual facility fees must be paid by check, certified check, or money order
				  made payable to the Texas Commission on Environmental Quality. Payments must be
				  mailed to the address specified in the billing statement.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter F - ABOVEGROUND STORAGE TANKS › Section 334.129 - Release Reporting and Corrective Action for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator of an aboveground storage tank (AST) must comply with the same release
				  reporting, investigation, and corrective action requirements and procedures
				  applicable to underground storage tanks, as prescribed in Subchapter D of this
				  chapter (relating to Release Reporting and Corrective Action), whenever a
				  suspected or confirmed release of a petroleum product from an AST has
				  occurred.
(b) An owner or operator
				  of an AST which stores other petroleum substances or hazardous substances which
				  are not petroleum products must comply with the release reporting,
				  investigation, and corrective action requirements prescribed in the Texas Water
				  Code, Chapter 26, Subchapter G.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter F - ABOVEGROUND STORAGE TANKS › Section 334.130 - Reporting and Recordkeeping for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Reporting.
				  Owners and operators of aboveground storage tanks (ASTs) must assure that all
				  reporting and filing requirements in this subchapter are met, including the
				  following (as applicable):
(1) installation
				  notification in accordance with §
											334.126
				  of this title (relating to Installation Notification for Aboveground Storage
				  Tanks (ASTs));
(2) application for
				  approval of any proposed AST in the Edwards Aquifer recharge or transition
				  zones, in accordance with §334.126(3) of the this title and Chapter 313 of
				  this title (relating to Edwards Aquifer);
(3) registration of ASTs and changes in
				  information, in accordance with §
											334.127
				  of this title (relating to Registration for Aboveground Storage Tanks
				  (ASTs));
(4) payment of annual
				  facility fees for ASTs, in accordance with §
											334.128
				  of this title (relating to Annual Facility Fees for Aboveground Storage Tanks
				  (ASTs));
(5) all reports, plans,
				  and certifications related to actions taken in response to suspected and
				  confirmed releases of petroleum products, in accordance with §
											334.129
				  of this title (relating to Release Reporting and Corrective Action for
				  Aboveground Storage Tanks (ASTs)) and Subchapter D of this chapter (relating to
				  Release Reporting and Corrective Action);
(6) any other reports, filings,
				  notifications, or other submittals required by this subchapter, or otherwise
				  required by the agency or the commission to demonstrate compliance with the
				  provisions of this subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter F - ABOVEGROUND STORAGE TANKS › Section 334.132 - Other General Provisions for Aboveground Storage Tanks (ASTs)

Current through Reg. 49, No. 28; July 12, 2024
(a) Other
				  regulations. Compliance with the provisions of this subchapter by an owner or
				  operator of an aboveground storage tank (AST) must not relieve such owner or
				  operator from the responsibility of compliance with any other laws and
				  regulations directly and/or indirectly affecting such tanks and the stored
				  petroleum products, 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 (including State Fire Marshal), Railroad Commission of
				  Texas, Texas Department of Agriculture, State Comptroller, Texas Department of
				  Public Safety, Texas Natural Resource Conservation Commission and any other
				  federal, state, and local governmental agencies or entities having appropriate
				  jurisdiction.
(b) Responsibilities
				  of owners and operators. The owners and operators of ASTs subject to the
				  provisions of this subchapter are responsible for ensuring compliance with all
				  applicable provisions of this subchapter. Owners and operators are responsible
				  for any violations or noncompliant activities resulting from the actions or
				  inactions by any person who is employed or otherwise engaged by the owner or
				  operator.
(c) Inspections,
				  monitoring, and testing.
(1) For the purposes
				  of developing or assisting in the development of a regulation, conducting a
				  study, or enforcing this subchapter, an owner or operator of an AST, on the
				  request of the agency must:
(A) furnish
				  information related to the tank, including tank equipment and contents;
				  and
(B) permit a designated agent
				  or employee of the agency at all reasonable times to have access to and to copy
				  all records relating to the tank.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter G - TARGET CONCENTRATION CRITERIA › Section 334.201 - Purpose, Applicability, and Deadlines

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this subchapter
				  is to establish the criteria by which target concentrations are established for
				  the cleanup of leaking storage tank site releases discovered and reported to
				  the agency.
(b) Applicability. The
				  provisions of this subchapter are applicable to owners and operators of all
				  underground storage tanks (USTs) and petroleum product aboveground storage
				  tanks (ASTs) unless otherwise specified in Subchapters A and F of this chapter
				  (relating to General Provisions and Aboveground Storage Tanks,
				  respectively).
(c) Deadlines. For
				  sites where the release was reported to the agency on or before December 22,
				  1998, the deadlines detailed in §
										334.71(b)
				  of this title (relating to Applicability and Deadlines) apply.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter G - TARGET CONCENTRATION CRITERIA › Section 334.202 - 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) Carcinogen--Substances
				  which have been classified for human carcinogenic risk based on the United
				  States Environmental Protection Agency's Weight of Evidence System of
				  Carcinogenicity as:
(A) Group A--Human
				  Carcinogen;
(B) Group B--Probable
				  Human Carcinogen; or
(C) Group C
				  -Possible Human Carcinogen.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter G - TARGET CONCENTRATION CRITERIA › Section 334.204 - Criteria for Selection of Land Use

Current through Reg. 49, No. 28; July 12, 2024
The owner and operator shall address each of the following
					 when determining the use of the affected property(ies).
(1) The past and current use of the affected
				  property. Residential land use areas should be assumed to remain residential.
				  Properties with past and/or current commercial/industrial land use which are
				  surrounded by commercial/industrial facilities can be assumed to remain the
				  same unless such is clearly not appropriate.
(2) Properties for which the future use of
				  the property is unknown (property is vacant or for sale) shall assume
				  residential land use unless the owner and operator can demonstrate to the
				  satisfaction of the agency that the past use of the property and use of
				  surrounding properties clearly suggests future use of the property for
				  residential land use is unlikely.
(3) For property currently vacant, or not
				  owned by the owner or operator, the property owner should be interviewed to
				  establish the intended future use of the property. Statements explaining
				  planned future land use and signed by the affected property owners should be
				  provided to the agency for each affected property to verify that the property
				  owners have been consulted.
(4) For
				  property located within the jurisdictional area of a zoning authority, the
				  owner and operator may provide documentation that the property is zoned for
				  residential, commercial, or industrial use.
(5) Current and planned surrounding land use
				  patterns of local planning board.
(6) Other information as requested by the
				  agency to verify the appropriate categorization of land use.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter G - TARGET CONCENTRATION CRITERIA › Section 334.205 - Institutional Control Requirements

Current through Reg. 49, No. 28; July 12, 2024
When institutional controls are assumed in determining
					 target concentrations, the owner and operator shall file institutional control
					 requirements in the county deed records of the county or counties in which the
					 property affected by the institutional control is located. Institutional
					 controls shall be required when such action is needed to demonstrate control or
					 elimination of exposure pathways in a manner consistent with §
										334.203(1)
					 or (2) of this title (relating to Risk-Based
					 Criteria for Establishing Target Concentrations). Institutional controls may
					 also be required to provide notice to future land owners that residual
					 regulated substances are present at the site when the site is considered
					 protective so long as there is no substantial change in site conditions or use
					 of the property which would change the exposure conditions. All institutional
					 control information filed in the county deed records must be written such that
					 a layperson can easily understand it.
(1) Institutional controls may be required as
				  part of the corrective action plan when:
(A)
				  the residential cumulative carcinogenic risk level exceeds 1 X
				  10-5 for Class A and B carcinogens for residential
				  use properties (child or adult);
(B) the commercial/industrial cumulative
				  carcinogenic risk level exceeds 1 X 10-5 level for
				  Class A and B carcinogens for commercial/industrial use properties;
(C) an engineering or legal control is needed
				  to eliminate an otherwise viable exposure pathway;
(D) sites not zoned commercial/industrial
				  that are to close under commercial/industrial land use assumption and adjoin
				  residential property when the same site under a residential land use assumption
				  would exceed a cumulative carcinogenic risk of 1 x
				  10-4 or a hazard index of unity (one); and
(E) when requested by the agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter G - TARGET CONCENTRATION CRITERIA › Section 334.206 - Criteria for Institutional Control Use

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Within 90 days of the date the agency requests the filing of an institutional
				  control, the owner and operator must provide a certified copy of the filed
				  institutional control stamped by the County Clerk(s), listing the page and
				  volume of the record notice to the agency. The filed institutional control must
				  contain:
(1) the name and address of the
				  owner and operator of the tract of land to which the institutional controls are
				  applicable, and a metes and bounds description of the portion(s) of the tract
				  of land affected by the institutional control as agreed to by the
				  agency;
(2) a plat map clearly
				  demarcating the portion(s) of the tract of land to which the institutional
				  control applies. The map must contain a north arrow, a correlating map scale,
				  and a legend identifying any used symbols or abbreviations;
(3) a certification by a registered
				  professional land surveyor so registered by the Texas Board of Professional
				  Land Surveying attesting to the accuracy of the descriptions provided in
				  paragraphs (1) and (2) of this subsection;
(4) the terms of the institutional control as
				  presented in §
											334.208
				  of this title (relating to Model Institutional Control);
(5) a statement that the agency must be
				  notified in writing at least 120 days prior to changes in site use or site
				  conditions which violate the terms of the institutional control, when the terms
				  of the institutional control place use conditions on the affected
				  area;
(6) a statement that
				  information and documents concerning the corrective action effort and
				  contaminant conditions are available for inspection upon request of the
				  agency;
(7) a statement that
				  residual levels of regulated substances are present at the site and that
				  generation of the affected soils or water may require special handling and
				  disposal and/or treatment in accordance with applicable state and federal
				  regulations; and
(8) other
				  information as requested by the agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter G - TARGET CONCENTRATION CRITERIA › Section 334.207 - Waste Management

Current through Reg. 49, No. 28; July 12, 2024
The future removal of any soil or water affected by the
					 residual regulated substances must be properly handled and disposed and/or
					 treated in accordance with all applicable state and federal regulations, and in
					 such a way so as to protect public health and safety, and the
					 environment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter G - TARGET CONCENTRATION CRITERIA › Section 334.208 - Model Institutional Controls

Current through Reg. 49, No. 28; July 12, 2024
This is an example of the language the agency would accept
					 for deed restrictions, etc., that address residual contamination left at a
					 given location. In some instances an institutional control is an acceptable
					 alternative to further remediation, but adequate notice via a deed restriction,
					 etc., is needed for the protection of current and future property
					 owners.
Attached
					 Graphic
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 334.301 - Applicability of this Subchapter

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Authorization for reimbursement. This subchapter authorizes the reimbursement
				  of the expenses of corrective action taken in response to a release of:
(1) petroleum products from a petroleum
				  storage tank;
(2) hydraulic fluid
				  and other substances from a hydraulic lift system located at a vehicle service
				  and fueling facility; and
(3) spent
				  oil and other substances from spent oil tanks located at a vehicle service and
				  fueling facility, provided that the tank listed under this subsection is also
				  subject to regulation under Subchapter D of this chapter (relating to Release
				  Reporting and Corrective Action).
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 334.302 - General Conditions and Limitations Regarding Reimbursement; Assignments

Current through Reg. 49, No. 28; July 12, 2024
(a) To be
				  considered for reimbursement under this subchapter, corrective action must be
				  performed either as provided in subsection (b) of this section or in response
				  to a release which:
(1) results in
				  contamination which penetrates beyond the excavation zone of the tank system
				  and which is above action levels determined by the agency;
(2) is ultimately confirmed by the agency,
				  either before or after corrective action commences, provided that it shall be
				  the burden of the person claiming monies under this subchapter to show both
				  that a release which is eligible for reimbursement occurred and the expenses
				  claimed are allowable and reimbursable; and
(3) the confirmed release was initially
				  discovered and reported to the agency on or before December 22, 1998.
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 334.303 - When to File Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  application for reimbursement under this subchapter must be filed on or after
				  January 17, 1990, but not after March 1, 2012.
(b) No expenses are allowable for
				  reimbursement under this subchapter unless a complete application for
				  reimbursement is filed.
(c) For
				  claimed expenses of corrective action activities, the application for
				  reimbursement will not be considered complete until the supporting information,
				  reports, and/or documentation required by the agency under Subchapter D of this
				  chapter (relating to Release Reporting and Corrective Action) have been filed
				  with the agency.
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 334.304 - Who May File Application

Current through Reg. 49, No. 28; July 12, 2024
Only the following person may file an application for
					 reimbursement under this subchapter:
(1) the eligible owner of a tank from which a
				  release has occurred and for which partial or completed corrective action has
				  been performed, or his duly authorized agent;
(2) the eligible operator of a tank from
				  which a release has occurred and for which partial or completed corrective
				  action has been performed, or his duly authorized agent;
(3) an owner or operator ordered by the
				  commission or required in a written corrective action directive by the agency
				  staff on or after September 1, 1987, to assess the nature and extent of
				  contamination in cases where no release is discovered, or the duly authorized
				  agent of such owner or operator; or
(4) a past owner or operator who, in response
				  to a release, performed corrective action on or after September 1,
				  1987.
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 334.305 - Where and How Documents Must Be Filed

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any application for reimbursement or claim for payment filed pursuant to this
				  subchapter, plus any fees and registration information required pursuant to
				  §
										334.310(a)
				  of this title (relating to Requirements for Eligibility) must be submitted to
				  the agency, at the address specified on the application form.
(b) All documents to be filed under this
				  subchapter shall be filed with the agency using one of the following:
(1) certified mail, return receipt
				  requested;
(2) express mail or
				  other overnight delivery service, return receipt requested;
(3) hand delivered to the appropriate
				  offices; or
(4) any other method
				  approved by the agency.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter H - REIMBURSEMENT PROGRAM › Section 334.307 - Technical Information Required

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The following information may be required by the agency as part of any
				  application for reimbursement under this subchapter:
(1) any information which the agency may
				  require under Subchapter D of this chapter (relating to Release Reporting and
				  Corrective Action);
(2) a detailed
				  account of what corrective action has been taken, why specific actions were
				  taken, when, by whom, and with what results;
(3) an estimate of what other corrective
				  action measures may be required to remediate the facility and the estimated
				  time required to complete such measures.
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 334.309 - Reimbursable Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency will
				  utilize the reimbursable cost specifications, as outlined in §
										334.560
				  of this title (relating to Reimbursable Cost Specifications), to evaluate the
				  reimbursability of claims related to the cleanup of leaking petroleum storage
				  tank sites.
(b) No cost shall be
				  reimbursed unless it is also an allowable cost under §
										334.308
				  of this title (relating to Allowable Costs and Restrictions on Allowable
				  Costs).
(c) For reimbursements
				  appropriate to be made under this subchapter, the amount reimbursed will be the
				  lower of the invoiced amount or the line-item amount (adjusted for scope of
				  work) for that activity specified in Subchapter M of this chapter (relating to
				  Reimbursable Cost Specifications for the Petroleum Storage Tank Reimbursement
				  Program). An exception to this subsection is made for items under Subchapter M
				  of this chapter requiring bidding, where reimbursements requests are processed
				  as described in Subchapter M of this chapter. For those activities that require
				  pre-approval under §
										334.310(f)
				  of this title (relating to Requirements for Eligibility), the agency may also,
				  at its discretion, limit the amount reimbursed to the pre-approved
				  amount.
(d) A cost is not
				  reimbursable if a contractor fails to pay its subcontractors for subcontracted
				  work or if there is a failure to perform the work claimed as technically
				  required. The audit of reimbursable costs is addressed in §§
										334.530-
				  334.535
				  of this title (relating to Purpose and Applicability of the Subchapter,
				  Cooperation with Audit; False Submittals, Payments, Audits, Notice of
				  Overpayment, and Objections to the Notice of Overpayment and Formal Petition
				  for Hearing).
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 334.311 - Determining the Number of Occurrences

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All releases at a facility which are discovered before or during the following
				  phase of corrective action will be considered part of one release, subject to
				  subsection (d) of this section:
(1) the
				  initial abatement measures and emergency action phase; and
(2) preliminary site assessment
				  phase.
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 334.312 - Owner/Operator Contribution

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency
				  shall deduct from any amount claimed for reimbursement an amount of allowable
				  costs equal to the greater amount applicable for the owner/operator
				  contribution as described in this section.
(b) The owner/operator contribution for each
				  occurrence shall be as follows:
(1) for a
				  person who owns or operates a total of 1,000 or more single petroleum storage
				  tanks, $10,000;
(2) for a person
				  who owns or operates a total of 100 - 999 petroleum storage tanks,
				  $5,000;
(3) for a person who owns
				  or operates a total of 13 - 99 petroleum storage tanks, $2,500; and
(4) for a person who owns or operates a total
				  of less than 13 petroleum storage tanks, $1,000.
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 334.313 - Review of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  application for reimbursement or supplemented application filed under this
				  subchapter shall be subject to review by the agency:
(1) to determine if the information which is
				  required to be submitted under this subchapter has been filed with the agency,
				  utilizing the following procedure:
(A) an
				  application submitted will be reviewed by the staff for completeness. To be
				  considered complete, an application must contain the following information:
(i) a completed application form, which has
				  been provided or approved by the agency, containing the information required
				  under §334.306(a) and (b)(1) - (4) of this title (relating to Form and
				  Contents of Application);
(ii)
				  legible copies as required under §
													334.306(b)(6)
				  of this title and by certification of payment as required under §
													334.306(b)(7)
				  of this title;
(iii) copies of
				  pre-approval documentation and technical information requested in the
				  application form, provided or approved by the agency, under §
													334.306(b)(5)
				  of this title and §
													334.307(a)
				  of this title (relating to Technical Information Required); and
(iv) an Application Checklist, provided with
				  the application form, verifying that the applicant and application preparer
				  have reviewed the application for completeness;