Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 334 - UNDERGROUND AND ABOVEGROUND STORAGE TANKS
Subchapter F - ABOVEGROUND STORAGE TANKS
Section 334.123 - Exemptions for Aboveground Storage Tanks (ASTs)
Universal Citation: 30 TX Admin Code § 334.123
Current through Reg. 49, No. 52; December 27, 2024
(a) The following aboveground storage tanks (ASTs) are exempt from regulation under this subchapter:
(1) a farm or residential tank with a
capacity of 1,100 gallons or less used for storing motor fuel for
non-commercial purposes;
(2) a tank
used for storing heating oil for consumptive use on the premises where
stored;
(3) a septic
tank;
(4) a surface impoundment,
pit, pond, or lagoon;
(5) a
stormwater or wastewater collection system;
(6) a flow-through process tank;
(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 Texas Natural Resources Code, §
91.101;
(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) a tank
that is located at or is part of a petrochemical plant, a petroleum refinery,
an electric generating facility, or a bulk facility.
(b) The following pipeline facilities are exempt from regulation under this subchapter, as provided in Texas Water Code, § 26.344:
(1) an interstate pipeline facility,
including gathering lines, or any AST connected to such facility, if the
pipeline facility is regulated under the Hazardous Liquid Pipeline Safety Act
of 1979 (49 United States Code, §
60101, et seq. and its subsequent amendments
or a succeeding law).
(2) an
intrastate pipeline facility or any AST connected to such a facility, if the
pipeline facility is regulated under one of the following state laws:
(A) the Texas Natural Resources Code,
Chapter111;
(B) the Texas Natural
Resources Code, Chapter 117; or
(C)
Texas Civil Statutes, Article 6053-1 and 6053-2.
(c) Upon request by the agency, the owner and operator of a tank claimed to be exempted under this section must provide appropriate documentation or other information in a timely manner to support that claim.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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