1. (a) All applicants for certification as small commercial facilities and/or as underground storage facilities must submit the following information:

   1. (1) the name and address of the facility including street address and directions from the nearest highway, the name and address of the owners and operators of the facility, the person or persons in charge of the facility, as that term is defined in §19.16 of this title (relating to Person in Charge), and the registered agent for service as required by OSPRA;

   2. (2) a description of the facility, including:

      1. (A) the primary business activity of the facility;
      2. (B) the maximum quantity of oil stored or handled at the facility, a list of all the types of oil handled and or stored and the location of and contact person for the material safety data sheets for all the types of oil handled;
      3. (C) the uses or purposes for which oil is handled or stored;
      4. (D) the types of containers in which oil is handled or stored and whether such containers are exposed to the elements and whether any containment structures or devices are provided;
      5. (E) a list of any spill containment, abatement, and cleanup equipment located at the facility;
      6. (F) a description of the facility's plan for responding to an unauthorized discharge of oil;
      7. (G) the Texas Natural Resource Conservation Commission petroleum storage tank facility identification number (i.e., PST ID number, facility registration number); and
      8. (H) schedules, methods and procedures at the facility for maintaining and evaluating the readiness of facility-owned and facility-maintained response equipment and supplies. This subsection applies only to equipment owned or maintained by a facility.

2. (b) All applicants for certification as small facilities must submit the following information:

   1. (1) the names and addresses of the facility (including street address and directions from the nearest highway of the facility), the owner of the facility, the operator of the facility, the person or persons in charge required by §19.16 of this title (relating to Person in Charge), and the registered agent for service as required by OSPRA;

   2. (2) a description of the facility, including:

      1. (A) the date the facility began operations under the current owner or operator, whichever is earlier, the types of oil handled, the material safety data sheets for all the types of oil handled, the oil storage and transfer capacity, the throughput capacity, and the average daily throughput;
      2. (B) the location of the facility by latitude and longitude, N.A.D. 27 or N.A.D. 83, or by state plane coordinates indicating zone or by Universal Transverse Mercator coordinates indicating zone and all environmentally sensitive areas that would be affected by a worst case discharge from the facility; and
      3. (C) a map showing the protection strategies for environmentally sensitive areas at the facility;
   3. (3) proof of financial responsibility as required by regulations either adopted or continued in effect under OPA, §1016 (33 United States Code §2716), if applicable to the facility;
   4. (4) a copy of the applicant's current discharge prevention and response plan required by the Federal Water Pollution Control Act, §311(j) (33 United States Code §1321), including the spill prevention containment and countermeasure plan required by 40 Code of Federal Regulations §112.3, if applicable to the facility;
   5. (5) either a discharge response contract or a basic ordering agreement with a discharge cleanup organization or other person or the terms of any such contract or agreement showing capability to respond to a worst case discharge at the facility, or proof that the applicant can independently so respond;
   6. (6) an estimate of a worst case discharge for the facility, including the rationale used to establish the estimate;
   7. (7) a list of both oil and hazardous substance discharges at the facility within the previous year; and
   8. (8) a list of environmental permits and registration or identification numbers that have been obtained for the facility, including those for wastewater discharges, injection wells, and underground or aboveground storage tanks. Any other permit or license related to discharges into ground or surface waters of the State of Texas must be included.

Source Note:The provisions of this §19.13 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; amended to be effective March 6, 1995, 20 TexReg 1261.