| (B) the UST system is equipped with alternative equipment
which has been reviewed and determined by the agency to prevent spills
and overfills of regulated substances in a manner that is no less
protective of human health and the environment than the equipment
prescribed in this subsection, pursuant to procedures for variances
found in §334.43 of this title (relating to Variances and Alternative
Procedures).
(c) Spill and overfill control records.
(1) Owners and operators shall maintain the spill and
overfill control 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 spill and overfill prevention and
control requirements in this section, and in accordance with the following
minimum requirements.
(A) All appropriate installation records related to
the installation of any spill and overfill prevention equipment, as
listed in §334.46(i) of this title (relating to Installation
Standards for New Underground Storage Tank Systems), shall be maintained
for as long as the spill and overfill prevention equipment is used.
(B) Records of any servicing, calibration, maintenance,
inspection, monitoring, testing, and repair of any spill and overfill
prevention equipment shall be maintained for at least five years after
such work is completed.
(3) If an owner or operator claims an exemption from
the spill and overfill equipment requirements under the provisions
of subsection (b)(4) of this section (i.e., transfers of 25 gallons
or less), such owner or operator shall maintain appropriate transfer
or inventory records for at least five years to document the basis
for such exemption.
|
| Source Note: The provisions of this §334.51 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective June 25, 1990, 15 TexReg 3424; amended to be effective January 2, 1995, 19 TexReg 10104; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective May 31, 2018, 43 TexReg 3390 |
