| (a) All components of any new or existing underground
storage tank (UST) system subject to the provisions of this subchapter
shall be designed, installed, maintained, and operated in a manner
that will prevent releases of regulated substances due to structural
failure or corrosion.
(b) Compatibility.
(1) Owners and operators must use a UST system made
of or lined with materials that are compatible with the substance
stored in the UST system.
(2) Biofuels.
(A) Owners and operators must notify the executive
director at least 30 days prior to switching to a regulated substance
containing greater than 10% ethanol or greater than 20% biodiesel
in accordance with §334.6(b)(1) of this title (relating to Construction
Notification for Underground Storage Tanks (USTs) and UST Systems).
In addition, owners and operators with UST systems storing these regulated
substances must meet one of the following:
(i) demonstrate compatibility of the UST system (including
the tank, piping, containment sumps, pumping equipment, release detection
equipment, spill equipment, and overfill equipment). Owners and operators
may demonstrate compatibility of the UST system by using one of the
following options:
(I) certification or listing of UST system equipment
or components by a nationally recognized, independent testing laboratory
for use with the regulated substance stored (such as American Petroleum
Institute Recommended Practice 1626, "Storing and Handling Ethanol
and Gasoline-Ethanol Blends at Distribution Terminals and Filling
Stations."); or
(II) for equipment or component manufacturer approval,
the manufacturer's approval must be in writing, indicate an affirmative
statement of compatibility, specify the range of biofuel blends the
equipment or component is compatible with, and be from the equipment
or component manufacturer; or
(ii) use another option determined by the executive
director to be no less protective of human health and the environment
than the options listed in this subsection.
(B) Owners and operators must maintain records in accordance
with §334.10(b) of this title (relating to Reporting and Recordkeeping)
documenting compliance with subparagraph (A)(i) of this paragraph
for as long as the UST system is used to store the regulated substance.
(c) The owners and operators of UST systems subject
to the provisions of this subchapter and those persons and/or business
entities who engage in, perform, or supervise the installation, repair,
or removal of UST systems shall be responsible for ensuring that those
UST systems are designed, installed, repaired, removed, and operated
in accordance with the provisions of this subchapter, as provided
under §334.12(b) of this title (relating to Other General Provisions)
and under the provisions of Chapter 70 of this title (relating to
Enforcement).
(d) When provisions of this subchapter require compliance
with a specific code or standard of practice developed by a nationally
recognized association or independent testing laboratory, the most
recent version of the referenced code in effect at the time of the
regulated UST activity shall be applicable.
(e) Compliance with the provisions of this subchapter
shall not relieve an owner or operator of a UST system from compliance
with other applicable regulations legally developed by other governmental
entities. This requirement is more fully discussed in §334.12(a)
of this title.
(f) Unless otherwise stated in a variance approved
by the agency in accordance with §334.43 of this title (relating
to Variances and Alternative Procedures), the requirements of this
subchapter shall take precedence if and when such requirements are
determined to be in conflict with any provisions contained in the
following:
(1) any code or standard of practice developed by a
nationally recognized association or independent testing laboratory;
and
(2) the manufacturer's specifications and instructions
for installation and operation of UST equipment.
(g) Any underground component of a UST system installed
on or after September 29, 1989, shall be properly protected from corrosion
by one or more of the allowable methods in §334.49(b) of this
title (relating to Corrosion Protection).
(h) Any new tank or piping or dispenser installed as
part of a UST system on or after January 1, 2009, shall incorporate
secondary containment meeting the applicable requirements of §334.45(d)
of this title (relating to Technical Standards for New Underground
Storage Tank Systems).
(i) Any sumps (including dispenser sumps) or manways
installed prior to January 1, 2009, which are utilized as an integral
part of a UST release detection system to monitor the interstitial
space of a secondarily contained piping system, and any spill containment
equipment installed at any time, which are associated with a UST system
must be inspected at least once every 60 days to assure that their
sides, bottoms, and any penetration points are maintained liquid tight.
Any liquid or debris found in them during that inspection or an agency
or agency-authorized inspection must be removed within 96 hours of
discovery and properly disposed. This requirement applies through
December 31, 2020, after which the requirements in §334.48(h)
of this title (relating to General Operating and Management Requirements),
shall apply.
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| Source Note: The provisions of this §334.42 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 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective October 30, 2008, 33 TexReg 8790; amended to be effective March 17, 2011, 36 TexReg 1675; amended to be effective May 31, 2018, 43 TexReg 3390 |
