30 Tex. Admin. Code § 334.1 – Purpose and Applicability

(a) Purpose. The purposes of this chapter are to:
1. (1) provide a comprehensive regulatory program for underground storage tank systems storing hazardous substances and petroleum substances, and for aboveground storage tanks storing certain petroleum products, as prescribed by the Texas Water Code, Chapter 26, Subchapter I;
2. (2) establish minimum standards and procedures to reasonably protect and maintain the quality of the state's groundwater and surface water resources from environmental contamination that could result from any releases of harmful substances stored in such tanks;
3. (3) provide for the use of risk-based corrective action; and
4. (4) generally provide for the protection of human health and safety, as well as the protection of the overall environment of the state.
(b) Applicability to underground storage tanks.
1. (1) An underground storage tank system shall be subject to all or part of the applicable regulations in this chapter only when such system:
  1. (A) meets the definition of underground storage tank system under §334.2 of this title (relating to Definitions);
  2. (B) contains, has contained, or will contain a regulated substance as defined under §334.2 of this title (relating to Definitions);
  3. (C) is not completely exempted from regulation, under §334.3(a) of this title (relating to Statutory Exemptions); and
  4. (D) is not completely excluded from regulation under §334.4(a) of this title (relating to Commission Exclusions).
2. (2) The applicable requirements and provisions in this chapter shall apply to regulated underground storage tank systems (as described in paragraph (1) of this subsection), and to the registration, design, construction, installation, operation, testing, maintenance, upgrading, recordkeeping, reporting, removal from service, release monitoring, release reporting and corrective action, fee assessment, financial assurance, and other applicable requirements associated with such systems, as more fully described in this chapter.
3. (3) The applicable requirements and provisions in this chapter shall apply equally to all owners and operators of regulated underground storage tank systems (as described in paragraph (1) of this subsection), including individuals, trusts, firms, joint-stock companies, corporations, governmental corporations, partnerships, associations (including nonprofit and charity organizations), states, municipalities, commissions, political subdivisions of a state, interstate bodies, consortiums, joint ventures, commercial and noncommercial entities, and the United States government (including all of its departments), except as otherwise provided in this chapter.
4. (4) The following types of underground tank systems shall be subject to all or parts of the applicable regulations in this chapter if they meet the general qualifications for an underground storage tank system in paragraph (1) of this subsection:
  1. (A) compartmental tanks, when at least one of the compartments is used to store regulated substances; and
  2. (B) dual-use or multiple-use tanks which alternately store two or more substances, when at least one of the stored substances is a regulated substance.
(c) Applicability to aboveground storage.
1. (1) An aboveground storage tank shall be subject to the applicable regulations in this chapter only when such tank:
  1. (A) meets the definition of "aboveground storage tank" in §334.122 of this title (relating to Definitions for ASTs);
  2. (B) contains, has contained, or will contain a "petroleum product" as defined in §334.122 of this title (relating to Definitions for ASTs);
  3. (C) is not exempted from regulation in §334.123 of this title (relating to Statutory Exemptions for ASTs); and
  4. (D) is not excluded from regulation in §334.124 of this title (relating to Commission Exclusions for ASTs).
2. (2) The applicable requirements and provisions in this chapter shall apply to regulated aboveground storage tanks, and to the registration, installation notification, reporting, recordkeeping, release reporting and corrective action, fee assessment, and other applicable requirements associated with such tanks, as more fully described in this chapter.
3. (3) The applicable requirements and provisions in this chapter shall apply equally to all owners and operators of regulated aboveground storage tanks, including individuals, trusts, firms, joint-stock companies, corporations, governmental corporations, partnerships, associations (including nonprofit and charity organizations), states, municipalities, commissions, political subdivisions of a state, interstate bodies, consortiums, joint ventures, commercial and noncommercial entities, and the United States government (including all of its departments), except as otherwise provided in this chapter.
4. (4) The following types of aboveground tanks shall be subject to the applicable regulations in this chapter if they meet the general qualifications for an aboveground storage tank in paragraph (1) of this subsection:
  1. (A) compartmental tanks, when at least one of the compartments is used to store petroleum products; and
  2. (B) dual-use or multiple-use tanks which alternately store two or more substances when at least one of the stored substances is a petroleum product.
5. (5) If a storage tank containing a petroleum product technically meets the definitions of both an aboveground storage tank and an underground storage tank under this chapter, then the tank will be considered an underground storage tank, and must conform with all applicable requirements for underground storage tanks in this chapter.
6. (6) Consistent with the statutory exemption for heating oil tanks in §334.123(a)(2) of this title (relating to Statutory Exemptions for ASTs), an aboveground storage tank storing a petroleum product (such as kerosene or diesel) which is primarily used as a heating oil substitute for heating purposes on the premises where stored, and which is secondarily used as a motor fuel for the operation of internal combustion engines, shall be exempt from the regulations of this chapter.
(d) Applicability of specific sections to underground storage tanks and aboveground storage tanks.
1. (1) Underground storage tanks shall be subject to the provisions of the following sections in this chapter:
  1. (A) Subchapter A of this chapter (relating to General Provisions);
  2. (B) Subchapter B of this chapter (relating to Underground Storage Tank Fees);
  3. (C) Subchapter C of this chapter (relating to Technical Standards);
  4. (D) Subchapter D of this chapter (relating to Release Reporting and Corrective Action);
  5. (E) Subchapter E of this chapter (relating to Financial Responsibility);
  6. (F) Subchapter H of this chapter (relating to Interim Reimbursement Program); and
  7. (G) Subchapter I of this chapter (relating to Underground Storage Tank Contractor Certification and Installer Licensing).
2. (2) Aboveground storage tanks shall be subject to the provisions of the following sections in this chapter:
  1. (A) this section and §334.2 of this title (relating to Definitions);
  2. (B) Subchapter D of this chapter (relating to Release Reporting and Corrective Action);
  3. (C) Subchapter F of this chapter (relating to Aboveground Storage Tanks); and
  4. (D) Subchapter H of this chapter (relating to Interim Reimbursement Program).

Source Note:The provisions of this §334.1 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 8, 1995, 20 TexReg 8800.