1. (a) Except as provided in subsection (b) of this section, the following aboveground storage tanks are excluded from regulation under this subchapter by commission directive:

   1. (1) any tank with a capacity of 1,100 gallons or less;
   2. (2) any emergency spill protection or emergency overflow containment tank, including any sump or secondary containment system, which is used solely for the temporary storage or containment of petroleum products resulting from a leak, spill, overfill, or other unplanned release of petroleum products from any source, and where the petroleum products are routinely removed within 48 hours of the discovery of the release, provided that such tank shall be inspected for a release no less than once every month;

   3. (3) any tank that contains petroleum products at such dilute concentrations that:

      1. (A) the mixture is not capable of being used as a fuel for the propulsion of a motor vehicle or aircraft; and
      2. (B) any release would not pose any significant threat to human health and safety or the environment;
   4. (4) a transformer or other electrical equipment that is used in the transmission of electricity.
2. (b) Notwithstanding the exemptions in subsection (a) of this section, any aboveground storage tank containing petroleum products located at a retail service station is subject to the construction notification requirements of §334.126 of this title (relating to Installation Notification for ASTs).

Source Note:The provisions of this §334.124 adopted to be effective June 25, 1990, 15 TexReg 3424.