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 334.126 - Installation Notification for Aboveground Storage Tanks (ASTs)
Universal Citation: 30 TX Admin Code § 334.126
Current through Reg. 49, No. 52; December 27, 2024
(a) Except as provided in subsection (b) of this section, any person who intends to install a new or replacement aboveground storage tank (AST) must comply with the notification requirements of this section prior to initiating such activity.
(1) Installation notifications shall be
submitted to the agency at least 30 days prior to initiating the activity.
(A) The notification may be provided either
to the agency's central office in Austin or to the agency's appropriate
regional office. The official date of notification shall be the date on which
the notification is first received in an agency office.
(B) Notification may be provided by the owner
or operator, or an authorized representative of the owner or operator, (e.g.,
the contractor or consultant retained for the activity). Notifications filed by
unauthorized persons shall be null and void.
(C) Notifications shall be submitted on the
agency's authorized form. The form shall be filled out completely. Upon
completion, the form shall be dated and signed by the owner or operator (or
authorized representative) and shall be filed in accordance with this
paragraph.
(D) When appropriate,
installation notifications for ASTs (as required under this section) may be
filed together with construction notifications for underground storage tank
(UST) activities at the same facility (as required by §
334.6
of this title (relating to Construction Notification for Underground Storage
Tank (USTs) and UST Systems)), provided that complete and accurate explanation
of the activities is included.
(E)
Between 24 and 72 hours prior to the scheduled time of initiation of the
installation, the owner or operator (or authorized representative) shall
contact the agency's appropriate regional office to confirm the time of the
initiation of the installation activities.
(F) The requirements and procedures for
rescheduling, waiver requests, and expiration as related to installation
notifications for ASTs shall be in conformance with the procedures for
construction notifications applicable to USTs in §
334.6(b)(3)-(5)
of this title.
(2) When requested by the agency, any person
who intends to install a new or replacement AST shall also submit additional
supporting information to assure that the activity is in compliance with
applicable statutes and regulations.
(3) In addition to the installation
notification requirements of this section, the owner or operator of a proposed
AST 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) When an existing UST
is to be removed from the ground and is to be subsequently converted to an AST,
the person 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 for
Aboveground Storage Tanks (ASTs) and Installation Notification for Aboveground
Storage Tanks (ASTs)).
(b) The following ASTs shall not be subject to the installation notification requirements of this section:
(1) ASTs which are exempt from regulation
under §
334.123
of this title (relating to Exemptions for Aboveground Storage Tanks
(ASTs));
(2) ASTs which are
excluded from regulation under §
334.124
of this title (relating to Exclusions for Aboveground Storage Tanks
(ASTs));
(3) movable or mobile ASTs
(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 Aboveground Storage Tanks (ASTs));
except that any movable or mobile ASTs proposed for installation or placement
at a retail service station shall remain subject to the installation
notification requirements of this section.
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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