(C) When two or more existing tanks are located in
a common tank hole, and when the selected method of release detection
is either vapor monitoring or groundwater monitoring in accordance
with §334.50(d)(5) and (6) of this title, then all such tanks
shall be brought into compliance with the applicable release detection
requirements of this paragraph no later than the date specified for
the oldest tank in such common tank hole.
(c) Additional upgrading requirements for existing
hazardous substance UST systems. In addition to the upgrading requirements
applicable to all existing UST systems in subsections (a) and (b)
of this section, all existing hazardous substance UST systems (e.g.,
UST system for which installation has commenced or has been completed
on or prior to December 22, 1988) shall be equipped or retrofitted
with a secondary containment system and an associated release detection
system in accordance with the following provisions.
(1) No later than December 22, 1998, all existing hazardous
substance UST systems shall be equipped with a secondary containment
system meeting the design, construction, and installation requirements
in §334.45(d) of this title and §334.46(f) of this title.
(2) No later than December 22, 1998, all existing hazardous
substance UST systems shall be equipped with a release detection system
capable of monitoring either the interstitial spaces between the primary
and secondary walls of any double-walled UST component, or the spaces
between the primary UST component walls and any external liners, as
applicable, in accordance with the provisions in §334.50(c) of
this title.
(d) A UST system, at a minimum, shall incorporate secondary
containment as specified in Texas Water Code, §26.3476, if the
UST system is located in an area described in that provision.
(e) Records for upgrading of existing UST systems.
(1) Owners and operators shall maintain all records
related to the upgrading of existing UST systems required in this
subsection in accordance with the requirements in §334.10(b)
of this title (relating to Reporting and Recordkeeping).
(2) Owners and operators shall maintain the following
records for the operational life of the UST system:
(A) general information related to the tank integrity
assessment and cathodic protection requirements in subsection (b)
of this section, including:
(i) dates of the tank integrity assessment and cathodic
protection installation activities;
(ii) names, addresses, and telephone numbers of the
persons conducting the tank integrity assessment and cathodic protection
installation activities; and
(iii) copies of all related notifications or reports
filed with the agency or others, including:
(I) registration information, as required by §334.7
of this title (relating to Registration for Underground Storage Tanks
(USTs) and UST Systems); and
(II) installation certification information, as required
by §334.8(a) of this title (relating to Certification for Underground
Storage Tanks (USTs) and UST Systems);
(B) as-built drawings (or plans), which have been drawn
to scale and in sufficient detail so as to accurately depict and describe
the sizes, dimensions, and locations of any UST system components
or equipment added or installed on or after September 29, 1989, which
are installed pursuant to one of the construction activities included
in §334.6(b)(1)(A) of this title (relating to Construction Notification
for Underground Storage Tanks (USTs) and UST Systems); and
(C) equipment information for any UST system components
or equipment added or installed on or after September 29, 1989, for
the purpose of compliance with the upgrading requirements of this
section, including manufacturer's specifications, installation instructions,
operating instructions, warranty information, recommended test procedures,
and inspection and maintenance schedules.
(3) Owners and operators shall maintain the results
of all equipment tests and tank integrity tests required in this section
including internal inspections, tank and piping tightness tests, and
site assessments, for at least five years after the dates such tests
are conducted.
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Source Note: The provisions of this §334.47 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective June 25, 1990, 15 TexReg 3424; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective April 2, 2002, 27 TexReg 2522; amended to be effective October 30, 2008, 33 TexReg 8790; amended to be effective May 31, 2018, 43 TexReg 3390 |