Unless corrective action is initiated in accordance with §§334.76
- 334.81 of this title (relating to Initial Response to Releases;
Initial Abatement Measures and Site Check; Site Assessment; Removal
of Non-Aqueous Phase Liquids (NAPLs); Investigation for Soil and Groundwater
Cleanup; and Corrective Action Plan), owners or operators must immediately
investigate and confirm all suspected releases of regulated substances
requiring reporting under §334.72 of this title (relating to
Reporting of Suspected Releases) within 30 days, using either the
following steps or another procedure and schedule approved or required
by the agency.
(1) System test. Owners or operators must conduct tests
according to the requirements for tightness testing in §334.50
of this title (relating to Release Detection) and secondary containment
testing described in §334.48(e) of this title (relating to General
Operating and Management Requirements), as appropriate.
(A) The test must determine whether:
(i) a leak exists in the portion of the tank that routinely
contains product or the attached delivery piping; or
(ii) a breach of either wall of the secondary containment
(B) If the system test confirms a leak into the interstice
or a release, owners and operators must repair, replace, or close
the aboveground storage tank (AST) or underground storage tank (UST)
system, and begin corrective action in accordance with §§334.76
- 334.81 of this title if the test results for the system, tank, or
delivery piping indicate that a leak exists.
(C) Further investigation is not required if the test
results for the system, tank, and delivery piping do not indicate
that a leak exists and if environmental contamination is not the basis
for suspecting a release.
(D) Owners and operators must conduct a site check
as described in paragraph (2) of this section if the test results
for the system, tank, and delivery piping do not indicate that a leak
exists but environmental contamination is the basis for suspecting
(2) Site check. Owners and operators must measure for
the presence of a release where contamination is most likely to be
present at the AST or UST site. In selecting sample types, sample
locations, and measurement methods, owners and operators must consider
the nature of the stored substance, the type of initial alarm or cause
for suspicion, the type of backfill, the depth to groundwater, and
other factors appropriate for identifying the presence and source
of the release.
(A) If the test results from an excavated area, or
other area(s) of the AST or the UST site indicate that a release has
occurred, owners and operators must begin corrective action in accordance
with §§334.76 - 334.81 of this title.
(B) If the test results from an excavated area, or
other area(s) of the AST or UST site do not indicate that a release
has occurred, further investigation is not required.
(3) In the event there is no evidence of a release
after performing the tests required in paragraphs (1) and (2) of this
section, the owner or operator must file a report which contains a
detailed description of the investigative procedures followed in addressing
the requirements of this section and which includes the results of
all tests or monitoring performed. This report must be filed with
the agency not later than 45 days after the first observation of the
suspected release or another schedule approved or required by the
agency. The owner or operator shall include with this report a statement
which has been signed by the owner or operator certifying that the
requirements of this section have been met.
|Source Note: The provisions of this §334.74 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