1. (a) There are five types of coastal facilities: exempt, small commercial, underground storage, small, and major. For the purpose of determining the size of the facility, oil stored in underground tanks, as defined in §19.2(a)(16) of this title (relating to Definitions), need not be included in the total. Coastal facilities are classified according to oil storage and transfer capacity. Oil that is integral to equipment, such as oil in transformers or oil that is part of operating machinery, is not included in determining facility capacity or usage. Where a facility has storage capacity that is in excess of its actual usage, then the facility may base its certification on the actual usage. An explanation for the basis of the actual usage quantity rather than storage capacity quantity must be provided.

2. (b) Exempt facilities are:

   1. (1) farm or residential tanks with a capacity of 1,320 U.S. gallons or less that are used for storing oil for farm or residential purposes only;
   2. (2) exploration and production structures and devices that handle oil and that are not waterfront or offshore. For the purpose of facility certification requirements, waterfront means located within 100 yards of coastal waters and offshore means located in coastal waters of the State of Texas. Exploration and production facilities, for the purposes of this exemption are the following facilities associated with the production of oil: all wells, separators, treaters, dehydrators, flow tanks, frac tanks, gun barrels, stock tanks, sediment oil tanks, storage tanks, tank batteries, and flow lines, gathering lines, lead lines, and feeder lines. It does not include main pipelines, independent pipelines, trunk lines, transmission lines, distribution lines, any pipeline considered a common carrier, or major storage facilities. For the purposes of this exemption, a major storage facility is a facility which stores in excess of 2,500 barrels of oil. Storage means the actual quantity of oil stored at the facility and not the storage capacity of the facility. An owner or operator of an exempt facility is not required to obtain a discharge prevention or response certificate or to have a discharge prevention and response plan or proof of financial responsibility.
3. (c) Small commercial facilities are facilities that have an oil storage or transfer capacity of 1,320 U.S. gallons or less and that are used for any commercial or industrial purpose.
4. (d) Underground storage facilities are waterfront facilities which store any quantity of oil only in underground storage tanks. These waterfront facilities do not store oil in any other type of tank or container.
5. (e) Small facilities are facilities, other than exempt facilities, that have a storage or daily transfer capacity not exceeding 10,000 U.S. gallons of oil.
6. (f) Major facilities are facilities that have an oil storage or daily oil transfer capacity of more than 10,000 U.S. gallons.

Source Note:The provisions of this §19.11 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective September 16, 1992, 17 TexReg 6009; amended to be effective May 14, 1993, 18 TexReg 2849.