1. (a) General requirements.

   1. (1) Beginning September 1, 1987, any person who intends either to install a new or replacement underground storage tank, to remove an underground storage tank from the ground, or to conduct a permanent abandonment in-place of an underground storage tank shall comply with the notification requirements of this section prior to initiating such activity.
   2. (2) On or after the effective date of this subchapter, any person who intends to perform any construction activity listed in subsection (b)(1) of this section shall comply with the notification requirements of this section prior to initiating such activity.
   3. (3) In addition to the construction notification requirements of this section, the owner or operator of an existing or proposed underground storage tank system that is located or will 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 conducting certain regulated underground storage tank activities, as prescribed under Chapter 313 of this title (relating to Edwards Aquifer).
   4. (4) Any underground storage tank construction activity performed or completed pursuant to a notification submitted under the provisions of this section shall meet the applicable technical standards and procedural requirements under Subchapter C of this chapter (relating to Technical Standards).
   5. (5) In situations where a proposed underground storage tank 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 shall comply with the release reporting, investigation, and corrective action requirements of Subchapter D of this chapter (relating to Release Reporting and Corrective Action).
   6. (6) Construction notifications required under this section may be provided to the commission's central office in Austin or to the commission's appropriate district office in the area of the activity, unless otherwise specified in this section. The official date of notification shall be the date on which the notification is first received in a commission office.
   7. (7) Construction notification required under this section shall be provided by the owner or operator, an authorized agent or representative of the owner or operator, or the contractor or consultant retained for such construction activity. Construction notifications filed by unauthorized persons shall be null and void.

2. (b) Notification for major construction activities.

   1. (1) Applicable activities.

      1. (A) For the purposes of this section, a major underground storage tank construction activity shall include any of the following:

         1. (i) installation of new or previously used tank systems at a new facility, and the addition or replacement of tanks at an existing facility;
         2. (ii) removal of existing tank systems from the ground (either temporarily or permanently);
         3. (iii) permanent abandonment in-place or change-in-service of existing tank systems;
         4. (iv) tank repairs, including interior and exterior relining or recoating;
         5. (v) installation of new or replacement piping for existing tanks;
         6. (vi) addition of secondary containment equipment for new or existing tank or piping systems;
         7. (vii) any tank integrity assessment or other activities requiring the entrance of any persons into a tank; and

         8. (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 UST Systems):

            1. (I) cathodic protection systems;
            2. (II) release detection systems;
            3. (III) spill and overfill prevention equipment; or
            4. (IV) monitoring well.
      2. (B) The requirements of this section shall not be 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.

   2. (2) Filing requirements. Except as provided under subsection (c) of this section, any person who intends to perform a major underground storage tank construction activity as described in paragraph (1) of this subsection shall file a written notification with the executive director at least 30 days prior to initiating the activity.

      1. (A) Such notification should be submitted on the commission's authorized form, as described in paragraph (6) of this subsection.

      2. (B) When requested by the executive director, any person who intends to perform a major underground storage tank construction activity shall 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 executive director includes, but shall not be limited to, the following items:

         1. (i) detailed design plans and specifications (drawn to scale);
         2. (ii) installation standards and operating instructions for major system components;
         3. (iii) quality assurance plans;
         4. (iv) compatibility data related to the stored substances and the materials of construction;
         5. (v) specific geological, hydrological, and environmental site information;
         6. (vi) qualifications and experience records of consultants, equipment installers, and contractors;
         7. (vii) formal plan or procedures for tank removals, changes-in-service, and abandonments in-place;
         8. (viii) disposal procedures for removed tanks;
         9. (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
         10. (x) basis and description for any proposed change-in-service.
      3. (C) Between 24 and 72 hours prior to the scheduled time of initiation of the proposed activity, the owner shall contact the commission's appropriate district 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 shall be in accordance with paragraph (3) of this subsection.

   3. (3) Rescheduling. If after the submittal of the initial construction notification, the owner determines that a revision to the previously reported scope or start date for the construction is necessary, the owner shall immediately report the revised construction information to the commission's appropriate district office in the area of the activity.

      1. (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 shall comply with the requirements of paragraph (4) of this subsection.
      2. (B) An owner may revise the proposed construction start to a later date as necessary, provided that the commission's appropriate district office is notified, and provided that original written notifications are properly renewed upon expiration in accordance with paragraph (5) of this subsection.

   4. (4) Waiver requests. Normally a notification period of at least 30 days shall be required prior to the initiation of any major underground storage tank construction activity. However, if after the submittal of the construction notification, the owner has good cause for an accelerated construction schedule, then the owner may request approval of an earlier construction start date. Such request shall be made directly to the commission's appropriate district office in the area of the activity. The district manager (or the manager's designated representative) shall have the authority to approve or deny such requests, and such decision shall be based on the following criteria:

      1. (A) good cause shown by the owner for an earlier construction start date; and
      2. (B) the ability of commission personnel to arrange and schedule an adequate inspection of the activity.
   5. (5) Expiration. A written construction notification for a major underground storage tank construction activity shall be 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 shall expire. If the owner still plans to perform the construction after the expiration of this period, a new and updated construction notification form shall be filed.

   6. (6) Notification form.

      1. (A) Any person who intends to perform a major underground storage tank construction activity (as described in paragraph (1) of this subsection) shall provide all the applicable construction notification information indicated on the commission's authorized construction notification form.
      2. (B) The construction notification form shall be filled out as completely and accurately as possible. Upon completion, the form shall be dated and signed by the owner or the owner's designated representative, and shall be timely filed in accordance with subsection (a)(5) of this section.

3. (c) Alternative notification procedures.

   1. (1) Only for underground storage tank construction activities involving situations described under paragraph (2) of this subsection, the owner may comply with the following alternative notification and reporting procedures in lieu of the normal notification requirements of subsection (b) of this section.

      1. (A) The owner shall provide verbal or written notification to the commission as soon as possible prior to initiating the construction activity. Such notification shall be submitted directly to the commission's appropriate district office in the area of the activity.
      2. (B) After providing the construction notification prescribed under subparagraph (A) of this paragraph, the owner may proceed with the construction activity, as directed by the district manager (or the manager's designated representative). The owner shall maintain detailed records of the construction. No later than 30 days after completion of the construction, the owner shall submit to the commission a detailed report describing the activity. If the commission determines that the information in such report is insufficient to assure compliance with the applicable requirements of this chapter, then the owner may be required to submit additional information to demonstrate such compliance.

   2. (2) The alternative notification procedures of paragraph (1) of this subsection may be used only when the following situations occur:

      1. (A) when an owner of an underground storage tank 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 underground storage tank, when such release is considered an immediate threat to human health or safety or the environment, and when the owner can demonstrate that the expeditious initiation and completion of the proposed construction activity is necessary to prevent or abate such release;
      2. (B) when an out-of-operation underground storage tank 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 times;
      3. (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 an underground storage tank system which poses an immediate threat to human health, safety, or the environment;
      4. (D) when the activity is necessary to maintain the operational readiness of an emergency generator;
      5. (E) in any other case, where the executive director 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.

Source Note:The provisions of this §334.6 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective June 25, 1990, 15 TexReg 3424.