|(a) General requirements.
(1) Beginning September 1, 1987, any person who intends
either to install a new or replacement underground storage tank (UST),
to remove a UST from the ground, or to conduct a permanent abandonment
in-place of a UST must comply with the notification requirements of
this section prior to initiating such activity.
(2) On or after September 29, 1989, any person who
intends to perform any construction activity listed in subsection
(b)(1) of this section must comply with the notification requirements
of this section prior to initiating such activity.
(3) In addition to the construction notification requirements
of this section, the owner or operator of an existing or proposed
UST system that is located or will be located on the designated recharge
or transition zones or contributing zone within the transition zone
of the Edwards Aquifer must also secure the requisite approval from
the agency prior to conducting certain regulated UST activities, as
prescribed under Chapter 213 of this title (relating to Edwards Aquifer).
(4) Any UST construction activity performed or completed
pursuant to a notification submitted under the provisions of this
section must meet the applicable technical standards and procedural
requirements under Subchapter C of this chapter (relating to Technical
(5) In situations where a proposed UST construction
activity is necessitated by a suspected or confirmed release of regulated
substances, or where the activity contributes to or causes such a
release, the owner or operator must comply with the release reporting,
investigation, and corrective action requirements of Subchapter D
of this chapter (relating to Release Reporting and Corrective Action).
(6) Construction notifications required under this
section may be provided to the agency's central office in Austin or
to the agency's appropriate regional office in the area of the activity,
unless otherwise specified in this section. The official date of notification
must be the date on which the notification is first received in an
(7) Construction notification required under this section
must be provided by the owner or operator, or an authorized agent
or representative of the owner or operator (e.g., a contractor or
consultant who has contracted for such construction activity). Construction
notifications filed by unauthorized persons are null and void.
(b) Notification for major construction activities.
(1) Applicable activities.
(A) For the purposes of this section, a major UST construction
activity includes any of the following:
(i) installation of new or previously used tank systems
at a new facility, and the addition or replacement of tanks at an
(ii) removal of existing tank systems from the ground
(either temporarily or permanently);
(iii) permanent abandonment in-place or change-in-service
of existing tank systems;
(iv) tank repairs, including interior and exterior
relining or recoating;
(v) installation of new or replacement piping for existing
(vi) addition of secondary containment equipment for
new or existing tank or piping systems;
(vii) any tank integrity assessment or other activities
requiring the entrance of any persons into a tank;
(viii) addition or replacement of any of the following
items at existing facilities, when such addition or replacement is
necessary for compliance with the minimum upgrading requirements in
§334.47(b) of this title (relating to Technical Standards for
Existing Underground Storage Tank Systems):
(I) cathodic protection systems;
(II) release detection systems;
(III) spill and overfill prevention equipment; or
(IV) monitoring well; and
(ix) switching to a regulated substance containing
greater than 10% ethanol or greater than 20% biodiesel.
(B) The requirements of this section are not applicable
to routine and minor maintenance activities related to the tank and
piping systems, such as tightening loose fittings and joints, adjusting
and calibrating equipment, conducting routine inspections and tests,
and the substitution or in-kind replacement of any obsolete or malfunctioning
UST system component for any purpose other than required upgrading.
(C) When a UST system has been taken temporarily out-of-service
under §334.54 of this title (relating to Temporary Removal from
Service), the owner or operator must first submit a construction notification
form before returning the UST system to service.
(2) Filing requirements. Except as provided under subsection
(c) of this section, any owner or operator who intends to perform
a major UST construction activity as described in paragraph (1) of
this subsection must file a written notification with the agency at
least 30 days prior to initiating the activity.
(A) Such notification should be submitted on the agency's
authorized form, as described in paragraph (6) of this subsection.
(B) When requested by the agency, any person who intends
to perform a major UST construction activity must also submit additional
supporting information to assure that the construction activity is
in compliance with the requirements of this chapter. Supporting information
which may be requested by the agency includes, but is not limited
to, the following items:
(i) detailed design plans and specifications (drawn
(ii) installation standards and operating instructions
for major system components;
(iii) quality assurance plans;
(iv) compatibility data related to the stored substances
and the materials of construction;
(v) specific geological, hydrological, and environmental
(vi) qualifications and experience records of consultants,
equipment installers, and contractors;
(vii) formal plan or procedures for tank removals,
changes-in-service, and abandonments in-place;
(viii) disposal procedures for removed tanks;
(ix) general contingency plan for release abatement
and the clean-up and disposal of any residual regulated substances,
contaminated soils, or contaminated water (including wash water, groundwater,
or surface water); and
(x) basis and description for any proposed change-in-service.
(C) Between 24 and 72 hours prior to the scheduled
time of initiation of the proposed activity, the owner or operator
must contact the agency's appropriate regional office in the area
of the activity to confirm the time of the initiation of the proposed
activity. Any revisions to the proposed construction start date must
be in accordance with paragraph (3) of this subsection. This subparagraph
does not apply to paragraph (1)(A)(ix) of this subsection.
(3) Rescheduling. If after the submittal of the initial
construction notification, the owner or operator determines that a
revision to the previously reported scope or start date for the construction
is necessary, the owner or operator must immediately report the revised
construction information to the commission's appropriate regional
office in the area of the activity. This paragraph does not apply
to paragraph (1)(A)(ix) of this subsection.
(A) If an earlier start date is proposed, and if this
date is less than 30 days from the original notification date, then
the owner or operator must comply with the requirements of paragraph
(4) of this subsection.
(B) An owner or operator may revise the proposed construction
start to a later date as necessary, provided that the agency's appropriate
regional office is notified, and provided that original written notifications
are properly renewed upon expiration in accordance with paragraph
(5) of this subsection.
(4) Waiver requests. Normally a notification period
of at least 30 days is required prior to the initiation of any major
UST construction activity. However, if after the submittal of the
construction notification, the owner or operator has good cause for
an accelerated construction schedule, then the owner or operator may
request approval of an earlier construction start date. Such request
must be made directly to the agency's appropriate regional office
in the area of the activity. The regional director (or the director's
designated representative) has the authority to approve or deny such
requests, and such decision will be based on the following criteria:
(A) good cause shown by the owner or operator for an
earlier construction start date; and
(B) the ability of agency personnel to arrange and
schedule an adequate inspection of the activity.
(5) Expiration. A written construction notification
for a major UST construction activity is valid for only 180 days after
the original notification date or 150 days after the originally anticipated
construction start date, whichever is earlier. If the proposed construction
has not commenced within this period, the original notification will
expire. If the owner or operator still plans to perform the construction
after the expiration of this period, a new and updated construction
notification form must be filed.
(6) Notification form.
(A) Any person who intends to perform a major UST construction
activity (as described in paragraph (1) of this subsection) must provide
all the applicable construction notification information indicated
on the agency's authorized construction notification form.
(B) The construction notification form must be filled
out completely and accurately. Upon completion, the form must be dated
and signed by the owner, the operator, or the authorized representative
of the owner or operator, and must be timely filed in accordance with
subsection (a)(6) of this section.
(c) Alternative notification procedures.
(1) Only for UST construction activities involving
situations described under paragraph (2) of this subsection, the owner
or operator may comply with the following alternative notification
and reporting procedures in lieu of the normal notification requirements
of subsection (b) of this section.
(A) The owner or operator must provide verbal or written
notification to the agency as soon as possible prior to initiating
the construction activity. Such notification must be submitted directly
to the agency's appropriate regional office in the area of the activity.
(B) After providing the construction notification prescribed
under subparagraph (A) of this paragraph, the owner or operator may
proceed with the construction activity, as directed by the regional
director (or the regional director's designated representative). The
owner or operator must maintain detailed records of the construction.
No later than 30 days after completion of the construction, the owner
or operator must submit to the agency a detailed report describing
the activity. If the agency determines that the information in such
report is insufficient to assure compliance with the applicable requirements
of this chapter, then the owner or operator may be required to submit
additional information to demonstrate such compliance.
(2) The alternative notification procedures of paragraph
(1) of this subsection may be used only when the following situations
(A) when an owner or operator of a UST can demonstrate
that a release or suspected release of a regulated substance has occurred
or is likely to occur as a result of the operation of the UST, when
such release is considered an immediate threat to human health or
safety or the environment, and when the owner or operator can demonstrate
that the expeditious initiation and completion of the proposed construction
activity is necessary to prevent or abate such release;
(B) when an out-of-operation UST system is discovered
during unrelated construction activities (e.g., the construction of
building excavations, streets, highways, utilities, etc.), when the
property owner can reasonably demonstrate no prior knowledge of the
existence of the tank, when the expeditious removal or abandonment
in-place of the tank is considered necessary or advisable for the
completion of the unrelated construction activity, and where any delays
in completion of the tank removal or abandonment in-place would cause
unreasonable financial hardship due to contract schedules and completion
(C) when any duly authorized public official (e.g.,
any federal, state, or local fire or safety officer, health or environmental
official, law officer, etc.) orders the immediate removal or repair
of all or portions of a UST system which poses an immediate threat
to human health, safety, or the environment;
(D) when the activity is necessary to maintain the
operational readiness of an emergency generator, as defined by §334.2
of this title (relating to Definitions);
(E) in any other case where the agency determines that
compliance with the notification provisions of subsection (b) of this
section would be unreasonable or impractical, or could increase the
threat to human health or safety or the environment.