1. (a) The following aboveground storage tanks are exempt from regulation under this subchapter, as provided in the Texas Water Code, §26.344:

   1. (1) a farm or residential tank with a capacity of 1,100 gallons or less used for storing motor fuel for noncommercial purposes;
   2. (2) a tank used for storing heating oil for consumptive use on the premises where stored;
   3. (3) a septic tank;
   4. (4) a surface impoundment, pit, pond, or lagoon;
   5. (5) a stormwater or wastewater collection system;
   6. (6) a flow-through process tank;
   7. (7) a tank, liquid trap, gathering line, or other facility used in connection with an activity associated with the exploration, development, or production of oil, gas, or geothermal resources, or any other activity regulated by the Railroad Commission of Texas pursuant to the Natural Resources Code, §91.101;
   8. (8) a tank located on or above the surface of the floor of an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the sole or principal substance in the tank is a hazardous substance; and
   9. (9) a tank that is located at or is part of a petrochemical plant, a petroleum refinery, an electric generating facility, or a bulk facility.

2. (b) The following pipeline facilities are exempt from regulation under this subchapter, as provided in the Texas Water Code, §26.344:

   1. (1) an interstate pipeline facility, including gathering lines and any aboveground storage tank connected to such facility, if the pipeline facility is regulated under:

      1. (A) the Natural Gas Pipeline Safety Act of 1968 (49 United States Code §1671, et seq.); or
      2. (B) the Hazardous Liquid Pipeline Safety Act of 1979 (49 United States Code §2001, et seq.);

   2. (2) an intrastate pipeline facility or any aboveground storage tank connected to such a facility, if the pipeline facility is regulated under one of the following state laws:

      1. (A) the Natural Resources Code, Chapter 111;
      2. (B) the Natural Resources Code, Chapter 117; or
      3. (C) Texas Civil Statutes, Article 6053-1 and 6053-2.

Source Note:The provisions of this §334.123 adopted to be effective June 25, 1990, 15 TexReg 3424.