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 334.132 - Other General Provisions for Aboveground Storage Tanks (ASTs)

Universal Citation: 30 TX Admin Code § 334.132

Current through Reg. 49, No. 52; December 27, 2024

(a) Other regulations. Compliance with the provisions of this subchapter by an owner or operator of an aboveground storage tank (AST) must not relieve such owner or operator from the responsibility of compliance with any other laws and regulations directly and/or indirectly affecting such tanks and the stored petroleum products, including, but not necessarily limited to, all applicable regulations legally promulgated by the United States Environmental Protection Agency, United States Occupational Safety and Health Administration, United States Department of Transportation, United States Nuclear Regulatory Commission, United States Department of Energy, Texas Department of Health, State Board of Insurance (including State Fire Marshal), Railroad Commission of Texas, Texas Department of Agriculture, State Comptroller, Texas Department of Public Safety, Texas Natural Resource Conservation Commission and any other federal, state, and local governmental agencies or entities having appropriate jurisdiction.

(b) Responsibilities of owners and operators. The owners and operators of ASTs subject to the provisions of this subchapter are responsible for ensuring compliance with all applicable provisions of this subchapter. Owners and operators are responsible for any violations or noncompliant activities resulting from the actions or inactions by any person who is employed or otherwise engaged by the owner or operator.

(c) Inspections, monitoring, and testing.

(1) For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, an owner or operator of an AST, on the request of the agency must:
(A) furnish information related to the tank, including tank equipment and contents; and

(B) permit a designated agent or employee of the agency at all reasonable times to have access to and to copy all records relating to the tank.

(2) For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, the agency's designated agent or employee may:
(A) enter at reasonable times an establishment or place in which an AST is located;

(B) inspect and obtain samples of a petroleum substance contained in the tank from any person; and

(C) conduct monitoring or testing of the tank, associated equipment, contents, or surrounding soils, air, surface water, or groundwater.

(3) The agency may direct an owner or operator of an AST to conduct monitoring and testing if the agency finds that there is reasonable cause to believe that a release has occurred in the area in which the tank is located.

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