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RULE §334.3Exemptions for Underground Storage Tanks (USTs) and UST Systems

(a) Complete exemption. The following underground tanks and containment devices (including any connected piping) are completely exempt from regulation under this chapter:

  (1) farm or residential tank with a capacity of 1,100 gallons or less used for storing motor fuel for noncommercial purposes;

  (2) tanks used for storing heating oil for consumptive use on the premises where stored;

  (3) septic tank;

  (4) surface impoundments, pits, ponds, or lagoons;

  (5) stormwater or wastewater collection systems;

  (6) flow-through process tanks;

  (7) tanks, liquid traps, gathering lines, or other facilities used in connection with an activity associated with the exploration, development, or production of oil, gas, or geothermal resources, or any other activity regulated by the Railroad Commission of Texas pursuant to the Natural Resources Code, §91.101;

  (8) transformers or other electrical equipment that contains a regulated substance and that is used in the transmission of electricity, to the extent that such a transformer or equipment is exempted by the United States Environmental Protection Agency under Title 40 Code of Federal Regulations, Part 280;

  (9) storage tanks located in an underground area, including a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is located on or above the surface of the floor;

  (10) pipeline facilities, including gathering lines, if such facilities are regulated under:

    (A) the Natural Gas Pipeline Safety Act of 1968 (49 United States Code, §§1671, et seq.); or

    (B) the Hazardous Liquid Pipeline Safety Act of 1979 (49 United States Code, §2001, et seq.);

  (11) interstate pipeline facilities if such facilities are regulated under of the following state laws:

    (A) the Natural Resources Code, Chapter 111;

    (B) the Natural Resources Code, Chapter 117; or

    (C) Texas Civil Statutes, Articles 6053-1 and 6053-2.

(b) Partial exemption. As provided under the Texas Water Code (TWC), §26.344(e), in-ground hydraulic lifts that use a compressed air/hydraulic fluid system and which hold less than 100 gallons of hydraulic oil are exempt from regulation under this chapter, except that such lifts remain subject to the release reporting and corrective action requirements under the TWC, §26.351, and Subchapter D of this chapter (relating to Release Reporting and Corrective Action).

(c) Upon request by the agency, the owner and operator of a tank claimed to be exempted under this section must provide appropriate documentation or other information in a timely manner to support that claim.

Source Note: The provisions of this §334.3 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

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