| (a) Reporting. Owners and operators of underground
storage tank (UST) systems must assure that all reporting and filing
requirements in this chapter are met, including the following (as
applicable):
(1) construction notification, in accordance with §334.6
of this title (relating to Construction Notification for Underground
Storage Tanks (USTs) and UST Systems);
(2) application for approval of any proposed UST system
on the regulated zones of the Edwards Aquifer, in accordance with
§334.6(a)(3) of this title and Chapter 213 of this title (relating
to Edwards Aquifer);
(3) registration of UST systems and changes in information,
in accordance with §334.7 of this title (relating to Registration
for Underground Storage Tanks (USTs) and UST Systems);
(4) certification of construction activities, financial
assurance, and compliance self-certification in accordance with §334.8
of this title (relating to Certification for Underground Storage Tanks
(USTs) and UST Systems);
(5) request for approval of any variance or alternative
procedure, in accordance with §334.43 of this title (relating
to Variances and Alternative Procedures);
(6) documentation of release determination or site
assessment conducted when a UST system is permanently removed from
service, in accordance with §334.55(a)(6) of this title (relating
to Permanent Removal from Service);
(7) payment of UST fees, in accordance with Subchapter
B of this chapter (relating to Underground Storage Tank Fees);
(8) reports, plans, and certifications related to suspected
and confirmed releases of regulated substances, including:
(A) release reports and notifications, in accordance
with §334.72 of this title (relating to Reporting of Suspected
Releases), §334.75 of this title (relating to Reporting and Cleanup
of Surface Spills and Overfills), and §334.76 of this title (relating
to Initial Response to Releases);
(B) report and certification of site check methods,
in accordance with §334.74(3) of this title (relating to Release
Investigation and Confirmation Steps);
(C) initial abatement report, in accordance with §334.77(b)
of this title (relating to Initial Abatement Measures and Site Check);
(D) initial site assessment report, in accordance with
§334.78(c) of this title (relating to Site Assessment);
(E) non-aqueous phase liquid removal report, in accordance
with §334.79(4) of this title (relating to Removal of Non-Aqueous
Phase Liquids (NAPLs));
(F) soil and groundwater contamination information,
in accordance with §334.80(b) of this title (relating to Investigation
for Soil and Groundwater Cleanup);
(G) corrective action plan, in accordance with §334.81
of this title (relating to Corrective Action Plan);
(H) notification of cleanup initiation, in accordance
with §334.81(e) of this title;
(I) certification of compliance with corrective action
plan, in accordance with §334.81(h) of this title; and
(J) public notices related to corrective action plans,
in accordance with §334.82(b) of this title (relating to Public
Participation);
(9) notifications and reports relating to financial
assurance requirements, in accordance with Chapter 37, Subchapter
I of this title (relating to Financial Assurance for Petroleum Underground
Storage Tank Systems); and
(10) any other reports, filings, notifications, or
other submittals required by this chapter, or otherwise required by
the agency to demonstrate compliance with the provisions of this chapter.
When agency requirements specify documents that must be prepared by,
or prepared under, the supervision of a duly licensed professional
engineer, a duly licensed professional geoscientist, or a duly licensed
professional surveyor, those documents must be prepared in accordance
with all requirements of statute and rule applicable to that respective
professional.
(b) Recordkeeping.
(1) General recordkeeping requirements.
(A) Owners and operators of UST systems are responsible
for developing and maintaining all records required by the provisions
of this chapter.
(B) Except as provided in subparagraphs (C) and (D)
of this paragraph, legible copies of all required records pertaining
to a UST system must be maintained in a secure location on the premises
of the UST facility, must be immediately accessible for reference
and use by the UST system operator, and must be immediately available
for inspection upon request by agency personnel.
(C) Except as provided in clause (v) of this subparagraph,
in the event that copies of the required records cannot reasonably
be maintained on the premises of the UST facility, then such records
may be maintained at a readily accessible alternate site, provided
that the following conditions are met.
(i) If the UST system is in operation, the records
must be readily accessible for reference and use by the UST system
operator.
(ii) The records must be readily accessible and available
for inspection upon request by agency personnel.
(iii) The owner or operator must provide the following
information (in writing) to the agency's central office and to the
agency's appropriate regional office:
(I) the specific location where the required records
are maintained; and
(II) the name, address, and telephone number of the
authorized custodian of such records.
(iv) The filing of the written information required
in clause (iii) of this subparagraph must be accomplished no later
than October 29, 1989, 30 days after a UST installation or replacement
has been completed, or 30 days after the UST records are moved to
an alternate site, whichever is later or applicable, as provided in
§334.7(d) of this title.
(v) The conditional authorization otherwise allowed
under this subparagraph for records maintenance at an alternative,
off-premises location is not applicable to the UST delivery certificate
(or temporary delivery authorization, if applicable) issued by the
agency under §334.8(c) of this title. This UST delivery certificate
must be maintained on the premises of all facilities with regulated
USTs, must be posted by the UST system operator, and must be visible
to the person(s) performing deliveries to the UST system.
(D) For UST systems which have been permanently removed
from service in accordance with the applicable provisions of §334.55
of this title, the facility owner may submit the appropriate records
required by this chapter to the agency in lieu of maintaining the
records on the premises or at an alternative site, provided that the
following conditions are met:
(i) the facility is no longer operated in a manner
that requires the underground storage of regulated substances, and
all UST systems at the facility have been permanently removed from
service;
(ii) the facility owner must provide written justification
adequate to explain why such records cannot be maintained on the premises
of the UST facility or at a readily accessible alternative site; and
(iii) the records must be submitted at one time in
one package for each UST facility, and the records must be appropriately
labeled with the UST facility location information and the UST facility
identification number.
(2) Required records and documents. Owners and operators
of UST systems must assure that all recordkeeping requirements in
this chapter are met, including the following records and documentation
(as applicable).
(A) Legible copies of the following general records
must be maintained for the operational life of the UST system:
(i) original and amended registration documents, in
accordance with §334.7 of this title;
(ii) original and amended certifications for UST installations
and financial assurance, in accordance with §334.8 of this title;
(iii) notification to UST purchaser, in accordance
with §334.9 of this title (relating to Seller's Disclosure).
(B) Legible copies of applicable records and documents
related to technical standards for UST systems must be maintained
in accordance with the following provisions:
(i) application documents and the agency's approval
letter for any variances or alternative procedures, in accordance
with §334.43 of this title;
(ii) records demonstrating compliance with technical
standards and installation standards for new UST systems, in accordance
with §334.45(f) of this title (relating to Technical Standards
for New Underground Storage Tank Systems) and §334.46(i) of this
title (relating to Installation Standards for New Underground Storage
Tank Systems);
Cont'd... |
