| (a) A fee is imposed on the delivery of a petroleum
product on withdrawal from bulk of that product as provided by this
subsection and pursuant to Texas Water Code (TWC), §26.3574.
"Withdrawal from bulk" means the removal of a petroleum product from
a bulk facility storage tank for delivery directly into a cargo tank
or a barge to be transported to another location other than another
bulk facility for distribution or sale in this state. Each supplier
on withdrawal from bulk of a petroleum product shall collect from
the person who orders the withdrawal a fee in an amount determined
as follows, subject to future adjustments made under subsection (b)
of this section:
(1) not more than $3.75 for each delivery into a cargo
tank having a capacity of less than 2,500 gallons.
(2) not more than $7.50 for each delivery into a cargo
tank having a capacity of 2,500 gallons or more but less than 5,000
gallons.
(3) not more than $11.75 for each delivery into a cargo
tank having a capacity of 5,000 gallons or more but less than 8,000
gallons.
(4) not more than $15.00 for each delivery into a cargo
tank having a capacity of 8,000 gallons or more but less than 10,000
gallons; and
(5) not more than $7.50 for each increment of 5,000
gallons or any part thereof delivered into a cargo tank having a capacity
of 10,000 gallons or more.
(b) TCEQ may adjust the fee rates in subsection (a)
of this section through an appropriate notification process, such
as but not limited to Texas Register publication
with public comment, based on the agency's cost of administering this
chapter in accordance with TWC, §26.3574(b-1), but not to exceed
the maximum rates set by TWC, §26.3574. The projected rates will
account for the biennial appropriations to the agency from the Petroleum
Storage Tank Remediation Account Number 655, as well as fund obligations
for Account Number 655, with projected revenue from the fee based
on such factors as estimated fuel sales, population growth, consumer
price index, and gas production.
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