1. (a) Except as provided in subsection (b) of this section, on or after the effective date of this subchapter, any person who intends to install a new or replacement aboveground storage tank shall comply with the notification requirements of this section prior to initiating such activity.

   1. (1) Installation notifications shall be submitted to the executive director at least 30 days prior to initiating the activity.

      1. (A) The notification may be provided either to the commission's central office in Austin or to the commission's appropriate district office. The official date of notification shall be the date on which the notification is first received in a commission office.
      2. (B) Notification may be provided by the owner or operator, an authorized agent or representative of the owner or operator, or the contractor or consultant retained for the activity. Notifications filed by unauthorized persons shall be null and void.
      3. (C) Notifications shall be submitted on the commission's authorized form. The form shall be filled out as completely as possible. Upon completion, the form shall be dated and signed by the owner or operator (or designated representative) and shall be filed in accordance with this paragraph.
      4. (D) When appropriate, installation notifications for aboveground storage tanks (as required under this section) may be filed together with construction notifications for underground storage tank activities at the same facility (as required by §334.6 of this title (relating to Construction Notification)), provided that complete and accurate explanation of the activities is included.
      5. (E) Between 24 and 72 hours prior to the scheduled time of initiation of the installation, the owner or operator (or designated representative) shall contact the commission's appropriate district office to confirm the time of the initiation of the installation activities.
      6. (F) The requirements and procedures for rescheduling, waiver requests, and expiration as related to installation notifications for aboveground storage tanks shall be in conformance with the procedures for construction notifications applicable to underground storage tanks in §334.6(b)(3)-(5) of this title (relating to Construction Notification).
   2. (2) When requested by the executive director, any person who intends to install a new or replacement aboveground storage tank shall also submit additional supporting information to assure that the activity is in compliance with applicable statutes and regulations.
   3. (3) In addition to the installation notification requirements of this section, the owner or operator of a proposed aboveground storage tank that is to 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 initiating any installation or replacement activities, as prescribed in Chapter 313 of this title (relating to Edwards Aquifer).
   4. (4) When an existing underground storage tank is to be removed from the ground and is to be subsequently converted to an aboveground storage tank, the owner or operator must comply with the applicable technical requirements under §334.55 of this title (relating to Permanent Removal from Service) and with the notification requirements of §334.6 and §334.126 of this title (relating to Construction Notification and Installation Notification for ASTs).

2. (b) The following aboveground storage tanks shall not be subject to the installation notification requirements of this section:

   1. (1) aboveground storage tanks which are statutorily exempt from regulation under §334.123 of this title (relating to Statutory Exemptions for ASTs);
   2. (2) aboveground storage tanks which are excluded from regulation by commission directive under §334.124 of this title (relating to Commission Exclusions for ASTs);
   3. (3) movable or mobile aboveground storage tanks (e.g., skid tanks) which are moved from one location to another on a regular basis, which are not permanently part of any particular facility, and which are otherwise in compliance with the provisions of §334.127(f) of this title (relating to Registration for ASTs); except that any movable or mobile aboveground storage tanks proposed for installation or placement at a retail service station shall remain subject to the installation notification requirements of this section.

Source Note:The provisions of this §334.126 adopted to be effective June 25, 1990, 15 TexReg 3424.