|(a) Applicability. An underground storage tank (UST)
system shall be considered to be temporarily out of service, regardless
of whether or not regulated substances remain in the UST system, when
the following conditions apply.
(1) The normal operation and use of the UST system
is deliberately, but temporarily, discontinued for any reason.
(2) The infrequent use of the UST system cannot be
adequately justified as part of its purpose.
(3) The operation, maintenance, and/or release detection
procedures are determined to be inadequate or otherwise inconsistent
with the monitoring procedures normally associated with in-service
systems of similar type and purpose.
(b) All UST systems. Regardless of whether or not regulated
substances remain in the UST system, the owner or operator shall assure
that the UST system is maintained in compliance with the following
requirements for the balance of time that the UST system remains temporarily
out of service.
(1) All vent lines shall be kept open and functioning.
(2) All other piping, pumps, manways, tank access points
(e.g., fill risers, automatic tank gauging risers, Stage I vapor recovery
risers) and ancillary equipment shall be capped, plugged, locked,
and/or otherwise secured to prevent access, tampering, or vandalism
by unauthorized persons.
(3) The UST system shall be adequately protected from
corrosion in accordance with the applicable requirements of §334.49
of this title (relating to Corrosion Protection).
(4) Testing and inspections. Spill and overfill operation
and maintenance testing and walkthrough inspections (as listed in §334.48(g)
and (h) of this title (relating to General Operating and Management
Requirements)) are not required on temporarily out of service UST
(c) Protected and monitored systems. Any UST system
may remain out of service indefinitely so long as the following requirements
are met during the period that the UST system remains temporarily
out of service.
(1) Unless the UST system has been emptied of all regulated
substances (as described under subsection (d) of this section) at
the time it is temporarily removed from service, the UST system shall
be monitored for releases in accordance with the applicable requirements
of §334.50 of this title (relating to Release Detection).
(2) Returning UST system to service.
(A) When a protected and empty UST system that has
been temporarily out of service for longer than six months is placed
back into service, the owner or operator shall ensure the integrity
of the system by the performance of tank tightness and piping tightness
tests that meet the requirements of §334.50(d)(1)(A) of this
title, and as applicable, §334.50(b)(2)(A)(ii)(I) or (B)(i)(I)
of this title, prior to bringing the system back into operation;
(B) When either a protected and monitored or a protected
and empty UST system is placed back into service, the owner or operator
shall also ensure that the UST system either is in compliance or is
brought into compliance with all applicable release detection, and
spill and overfill prevention requirements of §334.50 of this
title and §334.51 of this title (relating to Spill and Overfill
Prevention and Control); and
(C) Before any UST system is returned to service under
this subsection, the owner or operator must first submit a construction
notification form as specified in §334.6(b) of this title (relating
to Construction Notification for Underground Storage Tanks (USTs)
and UST Systems).
(d) Empty system.
(1) For the purposes of this section only, and specifically
for the purpose of exempting certain UST systems (when temporarily
out of service) the following requirements shall not apply as long
as a UST system is empty:
(A) release detection (as listed in §334.50 of
this title); and
(B) release detection operation and maintenance testing
and inspections (as listed in §334.48(e)(1) of this title).
(2) A UST system shall be considered empty when all
of the following provisions have been met:
(A) all regulated substances have been removed as completely
as possible by the use of commonly-employed and accepted industry
(B) any residue from stored regulated substances which
remains in the system (after the completion of the substance removal
procedures under subparagraph (A) of this paragraph) shall not exceed
a depth of 2.5 centimeters at the deepest point and shall not exceed
0.3% by weight of the system at full capacity; and
(C) the volume or concentration of regulated substances
remaining in the system would not pose an unreasonable risk to human
health and safety or to the environment if a release occurs during
the period when the system is temporarily out of service.
(e) Other requirements.
(1) Releases. If a release of a regulated substance
is suspected or confirmed, the owner or operator of a UST system which
is temporarily out of service shall comply with all release reporting,
investigation, and corrective action requirements in Subchapter D
of this chapter (relating to Release Reporting and Corrective Action).
(2) Registration. At the time a UST system is temporarily
taken out of service and at the time a UST system is brought back
into service, the owner shall comply with the applicable tank registration
requirements in §334.7 of this title (relating to Registration
for Underground Storage Tanks (USTs) and UST Systems).
(3) Fees. A UST which is temporarily out of service
in accordance with this section shall remain subject to the agency's
UST fees in Subchapter B of this chapter (relating to Underground
Storage Tank Fees).
(4) Recordkeeping for temporary removal from service.
(A) Owners and operators shall maintain records adequate
to demonstrate compliance with the requirements in this section, in
accordance with §334.10(b) of this title (relating to Reporting
(B) At a minimum, the following records shall be maintained
for at least five years after the UST system is temporarily removed
(i) date that the UST system was temporarily removed
(ii) name, address, and telephone number of the person
who prepared the UST system for the period of non-use;
(iii) documentation of the procedures used to prepare
and empty the UST system;
(iv) copies of all documentation relative to any requests
and approvals of extensions of time;
(v) name, address, and telephone number of the person
who conducted the tank and piping tightness tests, prior to returning
the UST system to service;
(vi) results of any tank and piping tightness tests;
(vii) date that the UST system was returned to service.
(5) Financial assurance requirements for tanks temporarily
removed from service. Note that §37.885 of this title (relating
to Release from the Requirements) addresses release from financial
assurance requirements. To be considered properly temporarily removed
from service for release from financial assurance requirements in §37.885
of this title, owners and operators shall:
(A) empty the UST system in accordance with subsection
(d) of this section; and
(B) perform a site check and any necessary corrective
actions in accordance with the requirements of §334.74 of this
title (relating to Release Investigation and Confirmation Steps).
|Source Note: The provisions of this §334.54 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective July 12, 2001, 26 TexReg 5031; 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