| (a) Complete exclusions. In addition to the tanks exempted
from regulation under §334.3 of this title (relating to Exemptions
for Underground Storage Tanks (USTs) and UST Systems), the following
USTs are completely excluded from regulation under this chapter:
(1) any UST system containing a hazardous listed waste
or identified under the federal Solid Waste Disposal Act, Subtitle
C (42 United States Code (USC), §6921, et
seq.), or containing a mixture of such hazardous waste and
other regulated substances, where such system is already subject to
regulation under the federal Solid Waste Disposal Act, Subtitle C;
(2) any wastewater treatment tank (including an oil-water
separator and any pretreatment facility), which is an integral part
of a wastewater treatment facility which is either:
(A) permitted under the federal Clean Water Act, either
§307(b) or §402 (33 USC, §1251, et
seq.); or
(B) permitted pursuant to the Texas Water Code (TWC),
Chapter 26;
(3) sumps which have a capacity of less than 110 gallons;
(4) emergency spill protection or emergency overflow
containment tanks, including certain sumps and secondary containment
systems, which are used solely for the temporary storage or containment
of regulated substances resulting from a leak, spill, overfill, or
other unplanned release, and where the regulated substances are routinely
removed within 48 hours of the discovery of the release; provided
that such tanks must be inspected for a release no less than once
every month; or
(5) UST systems which during their entire operational
life have exclusively contained only regulated substances at such
dilute concentrations that any release would not pose any significant
threat to human health and safety or the environment.
(b) Partial exclusions. The following USTs are subject
to all provisions of this chapter, except for Subchapter C of this
chapter (relating to Technical Standards); Subchapter N of this chapter
(relating to Operator Training); Chapter 30, Subchapter I of this
title (relating to Underground Storage Tank On-Site Supervisor Licensing
and Contractor Registration); Chapter 37, Subchapter I of this title
(relating to Financial Assurance for Petroleum Underground Storage
Tank Systems); and the certification requirements of §334.8 of
this title (relating to Certification for Underground Storage Tanks
(USTs) and UST Systems):
(1) any wastewater treatment tank (including oil-water
separators), where such tank is not an integral part of a wastewater
treatment facility which is either:
(A) permitted under the federal Clean Water Act, either
§307(b) or §402 (33 USC, §1151, et
seq.); or
(B) permitted pursuant to the TWC, Chapter 26;
(2) any UST systems containing radioactive material
that are regulated under the Atomic Energy Act of 1954 (42 USC, §2011, et seq.);
(3) any UST system that is part of an emergency generator
system at nuclear power generation facilities licensed by the United
States Nuclear Regulatory Commission and subject to United States
Nuclear Regulatory Commission requirements regarding design and quality
criteria, including but not limited to 10 Code of Federal Regulations
Part 50.
(c) Other exclusion. In addition to the partial exemption
for hydraulic lifts covered under §334.3(b) of this title, all
other in-ground hydraulic lifts that use a compressed air/hydraulic
fluid system and which hold 100 gallons or more of hydraulic oil are
similarly excluded from regulation under this chapter, except that
such lifts remain subject to the release reporting and corrective
action requirements under Subchapter D of this chapter (relating to
Release Reporting and Corrective Action).
(d) Upon request by the agency, the owner and operator
of a tank claimed to be excluded under this section must provide appropriate
documentation or other information in a timely manner to support that
claim.
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| Source Note: The provisions of this §334.4 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective May 31, 2018, 43 TexReg 3390 |
