Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS › Subchapter C - TECHNICAL STANDARDS › Section 334.55 - Permanent Removal from Service

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General provisions.
(1) Any owner or operator
				  who intends to permanently remove an underground storage tank (UST) from
				  service (by either removing the tank from the ground, abandoning the tank
				  in-place, or conducting a permanent change-in-service) shall provide prior
				  notice of this activity to the agency in accordance with §
											334.6
				  of this title (relating to Construction Notification for Underground Storage
				  Tanks (USTs) and UST Systems).
(2)
				  The procedures used in permanently removing the UST from service shall conform
				  with accepted industry practices, and shall be in accordance with a code or
				  standard of practice developed by a nationally recognized association or
				  independent testing laboratory.
(3)
				  The permanent removal from service shall be conducted by qualified personnel
				  possessing the appropriate skills, experience, competence, and, if applicable,
				  any required license or certification to complete the activity in accordance
				  with the provisions of this section and in a manner designed to minimize the
				  possibility of any threats to human health and safety or the
				  environment.
(4) All USTs that are
				  intended for permanent removal from service shall be emptied of all regulated
				  substances and accumulated sludges or residues, and shall be purged of all
				  residual vapors in accordance with accepted industry procedures commonly
				  employed for the stored regulated substance.
(5) The handling, transportation, and
				  disposal of any regulated substances removed from a UST system, and any
				  contaminated soils, backfill material, groundwater, wash water, or other
				  similar materials removed from the system or facility, shall be conducted in a
				  safe and environmentally sound manner, and shall be in accordance with all
				  applicable federal, state, and local regulations in effect for the type,
				  volume, contaminant concentration, and classification of the removed
				  material.
(6) As part of the
				  required procedure for the permanent removal of any UST system from service,
				  the owner or operator shall determine whether or not any prior release of a
				  stored regulated substance has occurred from the system.
(A) This determination shall be performed
				  subsequent to the submittal of notification to the agency as prescribed in
				  §
												334.6
				  of this title, but prior to completion of the permanent removal from
				  service.
(B) This determination
				  shall be made by visual inspection of the area in and immediately surrounding
				  the excavation zone for any above-ground releases and for any exposed
				  below-ground releases, and by using one or both of the following methods or
				  procedures:
(i) the continual operation
				  (through the time that the stored regulated substances are removed from the UST
				  system) of one or more of the external release monitoring and detection methods
				  operating in accordance with §334.50(d)(5) - (8) of this title (relating
				  to Release Detection); or
(ii) the
				  performance of a comprehensive site assessment in accordance with the
				  requirements of subsection (e) of this section.
(C) Any methods or procedures used to make
				  this determination shall be capable of detecting any prior release of stored
				  regulated substances from any portion of the UST system.
(D) Upon completion of this determination,
				  the owner or operator shall:
(i) report any
				  confirmed or suspected releases to the agency and comply with all applicable
				  release investigation and corrective action requirements, as prescribed in
				  Subchapter D of this chapter (relating to Release Reporting and Corrective
				  Action);
(ii) prepare or assemble
				  the detailed written records of this determination, which shall include the
				  methods, procedures, results, and names, addresses, and telephone numbers of
				  the persons involved in conducting such determination. Such records shall be
				  maintained in accordance with the applicable provisions in subsection (f) of
				  this section, and a copy of such records shall be filed with the agency in
				  conjunction with the applicable tank registration requirements of §
													334.7
				  of this title (relating to Registration for Underground Storage Tanks (USTs)
				  and UST Systems).
(7) For a UST to be considered permanently
				  out-of-service, the owner or operator shall either remove the tank from the
				  ground in accordance with subsection (b) of this section, abandon in-place and
				  fill the tank with an acceptable solid inert material in accordance with
				  subsection (c) of this section, or conduct a permanent change-in-service in
				  accordance with subsection (d) of this section. Unused tanks (i.e., tanks at
				  facilities which are closed or out-of-business) shall be considered temporarily
				  out-of-service, and shall be subject to the provisions of §
											334.54
				  of this title (relating to Temporary Removal from Service), unless they have
				  been permanently removed from service in accordance with this
				  section.
(8) The requirements in
				  this section are applicable to all USTs which are permanently removed from
				  service on or after September 29, 1989.
(9) When directed by the executive director,
				  the owner and operator of a UST system permanently closed before September 29,
				  1989, must assess the excavation zone and close the UST system in accordance
				  with this subchapter if releases from the UST may, in the judgment of the
				  executive director, pose a current or potential threat to human health and the
				  environment.