| (a) Except as provided in subsection (b) of this section, any
person who intends to install a new or replacement aboveground storage tank
(AST) must comply with the notification requirements of this section prior
to initiating such activity.
(1) Installation notifications shall be submitted to the agency
at least 30 days prior to initiating the activity.
(A) The notification may be provided either to the agency's
central office in Austin or to the agency's appropriate regional office. The
official date of notification shall be the date on which the notification
is first received in an agency office.
(B) Notification may be provided by the owner or operator,
or an authorized representative of the owner or operator, (e.g., the contractor
or consultant retained for the activity). Notifications filed by unauthorized
persons shall be null and void.
(C) Notifications shall be submitted on the agency's authorized
form. The form shall be filled out completely. Upon completion, the form shall
be dated and signed by the owner or operator (or authorized representative)
and shall be filed in accordance with this paragraph.
(D) When appropriate, installation notifications for ASTs (as
required under this section) may be filed together with construction notifications
for underground storage tank (UST) activities at the same facility (as required
by §334.6 of this title (relating to Construction Notification for Underground
Storage Tank (USTs) and UST Systems)), provided that complete and accurate
explanation of the activities is included.
(E) Between 24 and 72 hours prior to the scheduled time of
initiation of the installation, the owner or operator (or authorized representative)
shall contact the agency's appropriate regional office to confirm the time
of the initiation of the installation activities.
(F) The requirements and procedures for rescheduling, waiver
requests, and expiration as related to installation notifications for ASTs
shall be in conformance with the procedures for construction notifications
applicable to USTs in §334.6(b)(3)-(5) of this title.
(2) When requested by the agency, any person who intends to
install a new or replacement AST shall also submit additional supporting information
to assure that the activity is in compliance with applicable statutes and
regulations.
(3) In addition to the installation notification requirements
of this section, the owner or operator of a proposed AST that is to be located
in the designated recharge zone or transition zone of the Edwards Aquifer
shall also secure the requisite approval from the executive director prior
to initiating any installation or replacement activities, as prescribed in
Chapter 313 of this title (relating to Edwards Aquifer).
(4) When an existing UST is to be removed from the ground and
is to be subsequently converted to an AST, the person must comply with the
applicable technical requirements under §334.55 of this title (relating
to Permanent Removal from Service) and with the notification requirements
of §334.6 and §334.126 of this title (relating to Construction Notification
for Aboveground Storage Tanks (ASTs) and Installation Notification for Aboveground
Storage Tanks (ASTs)).
(b) The following ASTs shall not be subject to the installation
notification requirements of this section:
(1) ASTs which are exempt from regulation under §334.123
of this title (relating to Exemptions for Aboveground Storage Tanks (ASTs));
(2) ASTs which are excluded from regulation under §334.124
of this title (relating to Exclusions for Aboveground Storage Tanks (ASTs));
(3) movable or mobile ASTs (e.g., skid tanks) which are moved
from one location to another on a regular basis, which are not permanently
part of any particular facility, and which are otherwise in compliance with
the provisions of §334.127(f) of this title (relating to Registration
for Aboveground Storage Tanks (ASTs)); except that any movable or mobile ASTs
proposed for installation or placement at a retail service station shall remain
subject to the installation notification requirements of this section.
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