1. (a) Except as provided under subsection (b) of this section, an underground storage tank shall be subject to all provisions of this subchapter if such tank meets the general applicability requirements of §334.1(b) of this title (relating to Purpose and Applicability).

2. (b) The provisions of this subchapter shall not apply to any of the following types of underground storage tank systems:

   1. (1) in-ground hydraulic lifts which use a compressed air/hydraulic fluid system (regardless of size); and
   2. (2) any underground storage tank system which is covered under the partial exclusion provisions of §334.4(b) of this title (relating to Commission Exclusions).
3. (c) Any underground storage tank which is specifically excluded or exempted from the provisions of this subchapter under subsection (b) of this section, but which is otherwise subject to any of the remaining provisions of this chapter, shall conform with the minimum design and operation requirements of §334.5(a) of this title (relating to General Prohibitions).
4. (d) For the purposes of this subchapter only, a new underground storage tank system (or new UST system) shall refer to any system for which installation has commenced on or after the effective date of this subchapter.

Source Note:The provisions of this §334.41 adopted to be effective September 29, 1989, 14 TexReg 4714.