1. (a) All components of any new or existing underground storage tank system subject to the provisions of this subchapter shall be designed, installed, and operated in a manner that will prevent releases of regulated substances due to structural failure or corrosion for as long as the underground storage tank system is used to store regulated substances.
2. (b) For all components of any new or existing underground storage tank system subject to the provisions of this subchapter which are used to contain or store a regulated substance, the surfaces of such components which are in direct contact with the regulated substance shall be constructed of or lined with materials that are compatible with the substance stored in such components. Any compatibility determination or analysis shall be in accordance with a code or standard of practice developed by a nationally recognized association or independent testing laboratory.
3. (c) The owners and operators of UST systems subject to the provisions of this subchapter and those persons and/or business entities who engage in, perform, or supervise the installation, repair or removal of UST systems shall be responsible for ensuring that those UST systems are designed, installed, repaired, removed and operated in accordance with the provisions of this subchapter, as provided under §334.11 and §334.12(b) of this title (relating to Enforcement and Other General Provisions, respectively).
4. (d) When provisions of this subchapter require compliance with a specific code or standard of practice developed by a nationally recognized association or independent testing laboratory, the most recent version of the referenced code in effect at the time of the regulated underground storage tank activity shall be applicable.
5. (e) Compliance with the provisions of this subchapter shall not relieve an owner or operator of an underground storage tank system from compliance with other applicable regulations legally developed by other governmental entities. This requirement is more fully discussed in §334.12(a) of this title (relating to Other General Provisions).

6. (f) Unless a variance or alternative procedure is approved by the executive director in accordance with §334.43 of this title (relating to Variances and Alternative Procedures), the requirements of this subchapter shall take precedence if and when such requirements are determined to be in conflict with any provisions contained in the following:

   1. (1) any code or standard of practice developed by a nationally recognized association or independent testing laboratory; and
   2. (2) the manufacturers' specifications and instructions for installation and operation of underground storage tank equipment.
7. (g) Any underground component of an underground storage tank system installed on or after September 29, 1989, shall be properly protected from corrosion by one or more of the allowable methods in §334.49(b) of this title (relating to Corrosion Protection).

Source Note:The provisions of this §334.42 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.