| (4) The owner or operator shall assure that in selecting
the sampling or measurement methods, the sample types, and the sampling
or measurement locations, the persons conducting the assessment shall
take into consideration the following factors to ensure that the presence
of any released regulated substances is detected and quantified:
(A) the specific method of removing the UST system
from service;
(B) the nature and composition of the stored regulated
substance;
(C) the type and characteristics of the backfill material
and surrounding soils;
(D) the presence of groundwater, and its depth with
relation to the UST system and the surface of the ground; and
(E) any other factors that may affect the reliability
or effectiveness of the site assessment procedures or techniques.
(5) One or more of the following methods may be used
for conducting the site assessment and release determination required
under this section, provided that such methods are in compliance with
the performance standards in paragraphs (2) - (4) of this subsection:
(A) collection and analysis of soil samples secured
from unsaturated sections of the UST system excavation zone and surrounding
soils, where such samples shall be analyzed for major constituents
and/or indicator parameters of the stored regulated substance(s);
(B) collection and analysis of groundwater samples
secured from the UST system excavation zone and surrounding area,
where such samples shall be analyzed for all major constituents or
indicator parameters of the stored regulated substance(s); and/or
(C) any other site assessment or release determination
method or procedure which has been reviewed and determined by the
agency to detect prior releases of the stored regulated substance(s)
in a manner that is no less protective of human health and the environment
than the methods described in subparagraphs (A) and (B) of this paragraph,
as provided under §334.43 of this title.
(D) The owner or operator must report any suspected
or confirmed releases indicated by the site assessment to the agency
and comply with all applicable release investigation and corrective
action requirements, as prescribed in Subchapter D of this chapter.
(f) Records for permanent removal from service.
(1) Owners and operators shall maintain records adequate
to demonstrate compliance with the requirements of this section, in
accordance with §334.10(b) of this title (relating to Reporting
and Recordkeeping).
(2) At a minimum, the following records shall be maintained
for five years after the UST system is permanently removed from service:
(A) records of the release determination or site assessment,
in accordance with the requirements in subsection (a)(6)(D)(ii) of
this section;
(B) records related to the tank removal procedures
(as applicable), in accordance with the requirements in subsection
(b)(6) of this section;
(C) records related to the abandonment in-place of
a UST system (as applicable), in accordance with the requirements
in subsection (c)(3) of this section; and
(D) records related to the change-in-service of a UST
system (as applicable), in accordance with the requirement in subsection
(d)(4) of this section.
(g) Codes of practice. The following cleaning and closure
procedures may be used to comply with this section:
(1) American Petroleum Institute (API) Recommended
Practice 1604, "Closure of Underground Petroleum Storage Tanks;"
(2) API Standard 2015, "Requirements for Safe
Entry and Cleaning of Petroleum Storage Tanks;"
(3) API Recommended Practice 2016, "Guidelines
and Procedures for Entering and Cleaning Petroleum Storage Tanks;"
(4) API Recommended Practice 1631, "Interior Lining
and Periodic Inspection of Underground Storage Tanks;" and
(5) National Fire Protection Association Standard 326, "Standard
for the Safeguarding of Tanks and Containers for Entry, Cleaning,
or Repair."
|
| Source Note: The provisions of this §334.55 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective January 2, 1995, 19 TexReg 10104; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective November 18, 2004, 29 TexReg 10532; amended to be effective May 31, 2018, 43 TexReg 3390 |
