| (v) Any UST system analysis report result of "inconclusive"
which has not been investigated and quantified as a "pass"
(in the form of a replacement UST system analysis report meeting the
requirements of clause (iii) of this subparagraph) must be reported
to the agency as a suspected release within 72 hours of the time of
receipt of the inconclusive analysis report result by the UST system
owner or operator.
(B) At least once per calendar quarter, the SIR provider/vendor
must select at random, at least one of the individual UST system analyses
performed by each of its authorized franchisees or licensees or representatives
during that period and audit that analysis to assure that provider/vendor
standards are being maintained with regard to the acceptability of
inventory control record data, the acceptability of analysis procedures,
and the accuracy of analysis results. The written result of that audit
must be provided to the authorized franchisee or licensee or representative
and to the owner and/or operator of the audited UST system(s) by the
SIR provider/vendor during that calendar quarter. In addition, within
30 days following each calendar quarter, the SIR provider/vendor must
provide to the agency a list containing the name and address of each
of its authorized franchisees or licensees or representatives which
specifies for each one, the name and address of each facility at which
one or more UST system audits were performed during the previous calendar
quarter.
(10) Alternative release detection method. Any other
release detection method, or combination of methods, may be used if
such method has been reviewed and determined by the agency to be capable
of detecting a release from any portion of the UST system in a manner
that is no less protective of human health and safety and the environment
than the methods described in paragraphs (2) - (9) of this subsection,
in accordance with the provisions of §334.43 of this title (relating
to Variances and Alternative Procedures).
(e) Release detection records.
(1) Owners and operators shall maintain the release
detection records required in this subsection in accordance with the
requirements in §334.10(b) of this title (relating to Reporting
and Recordkeeping).
(2) Owners and operators shall maintain records adequate
to demonstrate compliance with the release detection requirements
in this section, and in accordance with the following minimum requirements.
(A) All appropriate installation records related to
the release detection system, as listed in §334.46(i) of this
title, shall be maintained for as long as the release detection system
is used.
(B) All written performance claims pertaining to any
release detection system used, and documentation of the manner in
which such claims have been justified, verified, or tested by the
equipment manufacturer, methodology provider/vendor, or independent
third-party evaluator shall be maintained for as long as the release
detection system is used.
(C) Records of the results of all manual and/or automatic
methods of sampling, testing, or monitoring for releases (including
tank tightness tests) shall be maintained for at least five years
after the sampling, testing, or monitoring is conducted.
(D) Records and calculations related to inventory control
reconciliation shall be maintained for at least five years from the
date of reconciliation.
(E) Written documentation of all service, calibration,
maintenance, and repair of release detection equipment permanently
located on-site shall be maintained for at least five years after
the work is completed. Any schedules of required calibration and maintenance
provided by the release detection equipment manufacturer shall be
retained for as long as the release detection system is used.
(F) Records of site assessments required under subsection
(d)(5) and (6) of this section (concerning vapor monitoring and groundwater
monitoring) must be maintained for as long as the methods are used.
Records of site assessments must be signed by a professional engineer
or professional geologist, or equivalent licensed professional with
experience in environmental engineering, hydrogeology, or another
relevant technical discipline acceptable to the agency.
|
| Source Note: The provisions of this §334.50 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 23, 2000, 25 TexReg 11442; amended to be effective April 2, 2002, 27 TexReg 2522; amended to be effective November 18, 2004, 29 TexReg 10532; 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 |
