Owners and operators of aboveground storage tank (AST) and
underground storage tank (UST) systems must report to the agency within
24 hours (see §334.50(d)(9)(A)(v) of this title (relating to
Release Detection) for reporting requirements associated with statistical
inventory reconciliation inconclusive results), and follow the procedures
in §334.74 of this title (relating to Release Investigation and
Confirmation Steps) for any of the following conditions:
(1) The discovery by owners and operators, or written
notification by others to the owner or operator, of released regulated
substances at the AST or UST site or in the surrounding area (such
as the presence of non-aqueous phase liquids or vapors in soils, basements,
sewer and utility lines, and nearby surface water).
(2) Unusual operating conditions observed by owners
or operators (such as the erratic behavior of product dispensing equipment
that is consistent with or indicates a release, the sudden loss of
product from the AST or UST system, an unexplained presence of water
in the tank, or liquid in the interstitial space of secondarily contained
systems), unless:
(A) the system equipment or component is found not
to be releasing regulated substances to the environment;
(B) any defective system equipment or component is
immediately repaired or replaced; and
(C) for secondarily contained systems, except as provided
for in §334.50(d)(8)(C) of this title, any liquid in the interstitial
space not used as part of the interstitial monitoring method (for
example, brine filled) is immediately removed.
(3) Monitoring results, including investigation of
an alarm, from a release detection method required under §334.50
of this title or other method that indicates a release may have occurred
unless:
(A) the monitoring device is found to be defective
and is immediately repaired, recalibrated, or replaced, or the monitoring
procedure is found to be ineffective, and is modified, and additional
monitoring does not confirm the initial result;
(B) in the case of inventory control, described in §334.50(d)(1)(B)
of this title, a second 30-day period of data does not confirm the
initial result or the alarm investigation determines no release has
occurred;
(C) the leak is contained in the secondary containment:
(i) except as provided for in §334.50(d)(8)(C)
of this title, any liquid in the interstitial space not used as part
of the interstitial monitoring method (for example, brine filled)
is immediately removed; and
(ii) any defective system equipment or component is
immediately repaired or replaced; or
(D) the alarm was investigated and determined to be
a non-release event (for example, from a power surge or caused by
filling the tank during release detection testing).
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| Source Note: The provisions of this §334.72 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective May 31, 2018, 43 TexReg 3390 |
