Regulations Applicable to Storage Tanks
Code TX Citation FED Citation UTA Policy Name of Regulation Description of Regulation Task Definition Contact Person Trigger Date Deadline Date
ST - 1 30 TAC 334 40 CFR 280 Underground   Administration of the storage tank and spill prevention program Regulations on Storage Tanks Regulations are intended to address existing and potential sources of pollution that may result from ASTs or USTs. New storage tanks are required to meet acceptable design and installation criteria and existing storage tanks are required to Retrofit by a schedule set forth to
Release confirmation and remediation standards are set forth to require the cleanup of any Release that does occur.
Chemical Safety Specialist; Storm Water Safety Specialist Ongoing N/A
ST - 2 30 TAC 334.401 40 CFR 280   Tank handling and inspection requirements Storage tank installer, handling and inspection requirements The certified installer shall perform the tank handling activity or provide direct onsite supervision and control of the activity. Tank manufacturer may be modifying an aboveground nonmetallic storage tank, but certified inspector is conducting tank handling activities on all field constructed storage tanks and tank handling activities conducted on all aboveground storage tanks having a capacity greater than 21,000 gallons. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing N/A
ST - 3 30 TAC 334.45 40 CFR 280.52   Underground storage tank tightness testing requirements Storage tank testing requirements Underground storage tanks contain petroleum products, including gasoline, and all UST owners and operators are required by law to have their tanks tested to ensure their systems are not leaking any petroleum into the soil or groundwater. Leaking UST's can present other health and environmental risks, including the potential for fire and explosion. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing N/A
ST - 4 30 TAC 334.8 40 CFR 280.33   Company certification A facility must use a certified installer or inspector for tank handling or inspection activities Storage tank facility owners and operators may not use persons who are not Department certified to conduct tank handling activities except as noted in this subsection. Certified installer shall perform the tank handling activity or provide direct onsite supervision and control of the activity. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing N/A
ST - 5 30 TAC 334.7 40 CFR 281.30   Permit requirements A person may not operate an aboveground or underground storage tank system or install a system without applying for and obtaining a permit from the department. The storage tank system must be registered with the Department in accordance with Subchapter A (relating to general provisions) and be maintained and operated in compliance with the standards and requirements of the Department under the act and this chapter. Failure to comply with standards could result in administrative or other Departmental actions against the storage tank owner /operator. A person may continue to operate an existing storage tank system, registered with the Department on or before October 11, 1997, when the tank system is operated for its intended use, until the Department notifies the person to submit a permit application under this subchapter or the Department notifies the person the tank system is deemed permitted, if the person maintains and operates the storage tank system in compliance with the act and this chapter. Operating permits will be renewedautomatically on an annual basis concurrent with registration. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing N/A
ST - 6 30 TAC 334.45 40 CFR 281.32   Operating permit requirements Requirements for operating, installation, sitting and assessment of storage tanks. Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling. Installation. All tanks and piping must be properly installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer�s instructions. Furthermore the installer has been certified by the tank and piping manufacturers; or the installer has been certified or licensed by the implementing agency; or the installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation; or the installation has been inspected and approved by the implementing agency. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing N/A
ST - 7 30 TAC 334.72 40 CFR 281.34   Investigation of suspected releases Storage tank owners and operators shall investigate a suspected release of a regulated substance. Owners and operators shall investigate all suspected releases of regulated substances within 14 days of discovery of the suspected release. Owners and operators shall conduct a system test, site check or another procedure, with prior approval by the department of the procedure. Owners and operators shall conduct appropriate system tests approved by the department according to the requirements for tightness testing to determine whether a leak exists in the storage tank system. Further investigation is not required, if test results for the storage tank system do not show a leak exists and if environmental contamination is not the basis for the suspected release report. If test results show that a storage tank system leak exists, owners and operators shall follow the procedures set forth in this chapter. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing N/A
ST - 8 30 TAC 334.129 40 CFR 281.35   Reporting releases Owner or operator of a storage tank shall notify the department and any impacted after municipality confirmation of a reportable release Owners, operators and certified installers of storage tank systems shall report the following conditions, which are considered suspected releases, to the department within 24 hours, in accordance with evidence of released regulated substances in the vicinity of the storage tank site. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing Within 24 hours
ST - 9 30 TAC 334.454 40 CFR 280.53   Interim remedial actions Upon a release from a storage tank, the responsible party shall initiate interim remedial actions to prevent or address threats from the release. The notice required should be done by telephone and describe the regulated substance involved, the quantity of the regulated substance involved, when the release occurred, where the release occurred, the affected environmental media, relevant, available information concerning impacts to water supplies, buildings or to sewer or other utility lines and interim remedial actions planned, initiated or completed. Within 15 days of the notice the owner or operator shall provide written notification to the Department and to each municipality in which the reportable release occurred, and each municipality where that release has impacted environmental media or water supplies, buildings or sewer or other utility lines. If the Department determines that a release poses an immediate threat to public health and safety, the Department may evaluate and implement procedures to provide the public with information about the situation which may include a summary of the details surrounding the release and its impacts in a newspaper. The owner or operator of aboveground storage tank facilities with a capacity greater than 21,000 gallons shall immediately notify the county emergency management agency. Downstream water companies, downstream municipalities and downstream industrial users within 20 miles of an aboveground storage tank facility located adjacent to surface waters shall be notified on a priority basis based on the proximity of the release by the owner or operator or the agent of the owner or operator within 2 hours of a release which enters a water supply of downstream users, as well as notify the local fire authority.
Chemical Safety Specialist; Storm Water Safety Specialist Release Incident Written notification within 15 days; notify within 2 hours
ST - 10 30 TAC 334.454 40 CFR 280.62   Affected or diminished water supplies A responsible party of a storage tank release shall restore or replace an affected or diminished water supply. Upon confirming that a release has occurred, the responsible party shall immediately initiate the following interim remedial actions necessary to prevent or address an immediate threat to human health or the environment while initiating, as necessary, one or more of the tasks identified (relating to site characterization):
- Identify and sample affected water supplies and water supplies with the potential to be affected in a reasonable and systematic manner consistent. - The responsible party shall restore or replace an affected or diminished water supply in accordance with(relating to affected or diminished water supplies).
Chemical Safety Specialist; Storm Water Safety Specialist Spill Incident The responsible party shall provide a copy of the sample results to the water supply owner and the Department within 5 days of receipt of the sample results from the laboratory.
ST - 11 30 TAC 334.81 40 CFR 280.63   Site characterization and report, remedial action plan, remedial action progress reports, remedial action completion report A responsible party of a storage tank release shall perform a site characterization and prepare a report, prepare a remedial action plan (if necessary), report on progress of remedial action through remedial action progress reports, and prepare and submit a remedial action completion report upon achieving the selected remediation standard(s). The responsible party shall prepare and submit to the Department within 180 days of reporting a reportable release under, or within an alternative time frame as determined by the Department, two copies of a site characterization report which describes the activities undertaken. The site characterization report shall be complete and concisely organized and shall contain the following elements, as necessary, based on the nature, extent, type, volume or complexity of the release.The report should include a narrative description of the site and the historical and current operations conducted at the site. Also, a site map showing location of buildings, roads, storage tanks, including those removed from service or closed in place, utilities, property boundaries, topographic contours, potential receptors and other information pertinent to the site characterization.A description of natural and manmade features pertinent to the site characterization. Details of interim remedial actions conducted at the site. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing 180 days
ST - 12 30 TAC 334.49 40 CFR 280.45   Underground storage tank inspection frequency Underground storage tank owners and operators shall have their tanks inspected by a certified inspector at established frequencies The frequency of inspection shall be based on:
- The age of the storage tank systems located at the storage tank facility;
- The type of regulated substances contained in the storage tank systems located at the storage tank facility;
-The distance of the storage tank facility from public and private surface water and groundwater supplies;
- The total capacity of the storage tank systems located at the storage tank facility;
- The geologic conditions at the storage tank facility;
- Whether the storage tank facility, owner or operator has violated the act or the regulations promulgated there under.
- Whether the storage tank facility has storage tank systems which are periodically taken out of service.
- Whether there is suspected contamination at the storage tank facility.
-The level of quality control maintained at the storage tank facility.
Chemical Safety Specialist; Storm Water Safety Specialist Ongoing Inspection frequency depends of the age of the storage tank system.
ST - 13 30 TAC 334.48-51 40 CFR 280.22   Underground storage tank registration requirement A underground storage tank shall be registered with the department prior to adding a regulated substance An underground storage tank is a tank and any underground piping connected to the tank that has at least ten percent of its combined volume underground. The UST regulations apply only to the USTs and piping storing either petroleum or certain hazardous substances. Some underground storage tanks are not regulated .The following USTs are excluded from regulation and, therefore, do not need to meet the requirements for USTs:
�Farm and residential tanks of 1,100 gallons or less capacity holding motor fuel used for noncommercial purposes;
�Tanks storing heating oil used on the premises where it is stored;
�Tanks on or above the floor of underground areas, such as basements or tunnels;
�Septic tanks and systems for collecting storm water and wastewater;
�Flow-through process tanks;
�Tanks of 110 gallons or less capacity; and
�Emergency spill and overfill tanks.
Chemical Safety Specialist; Storm Water Safety Specialist Ongoing N/A
ST - 14 30 TAC 334.48-51 40 CFR 280.31   General operating requirements Spill and overfill control, corrosion protection, material compatibility, repairs, and reporting requirements of underground storage tanks Owners and operators must ensure spill and overfill control, operation and maintenance of corrosion protection systems, substance compatibility between tank materials and the stored substances and UST repairs avoiding releases. Owners and operators of USTs must provide for a method or a combination of methods of release detection from any portion of the tank and connected underground piping that routinely contains regulated substances. Several methods have been set forth in the UST regulations. USTs containing petroleum products must be monitored at least every 30 days. After December 22, 1998, all existing hazardous substance USTs must comply with the release detection requirements for new hazardous substance USTs, essentially translating into requirement of secondary containment systems for the UST and piping. Chemical Safety Specialist; Storm Water Safety Specialist On going Monitoring at least every 30 days
ST - 15 30 TAC 334.48 40 CFR 280.50   Underground storage tank release detection Release detection for underground storage tanks and underground storage tank systems Product inventory control must be conducted monthly to detect a release of at least 1.0% of flow-through plus 130 gallons on a monthly basis. Manual Tank Gauging measurements are taken at the beginning and ending of a period of at least 36 hours during which no liquid is added or removed from the tank. Tank tightness testing (or another method of equivalent performance) must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table. The automatic product level monitor test can detect a 0.02 gallon per hour leak rate from any portion of the tank that routinely contains product. Testing or monitoring for vapors within the soil gas of the excavation zone. The measurement of vapor by the monitoring device is not rendered inoperative by the ground water, rainfall, or soil moisture or other known interferences so that a release could go undetected for more than 30 days. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing Manual Tank Gauging measurements during 36 hours; s release could noit go undetected more that 30 days
ST - 16 30 TAC 334.508 40 CFR 280.70   Closure requirements Closure requirements for underground storage tanks You may temporarily close your UST for up to 12 months by following these requirements: Continue to monitor for leaks by maintaining the UST's leak detection, if your UST is not empty. Also, continue to monitor and maintain any corrosion protection systems. If the UST remains temporarily closed for more than 3 months, leave vent lines open, but cap and secure all other lines, pumps, manways, and ancillary equipment. After 12 months of temporary closure, you have three options: You must permanently close your UST if it doesn�t meet the applicable requirements for new or upgraded USTs (except for spill and overfill), or you can ask your regulatory authority for an extension beyond 12 months, if you provide an assessment that determines whether contamination is present at your site. Or your UST can remain temporarily closed without needing an extension granted by the regulatory authority. If you decide to close your UST permanently, follow these requirements for permanent closure: 1. Notify the regulatory authority at least 30 days before you close your UST. For at least 3 years, keep a record of the actions you take to determine if contamination is present at the site (or you can mail this record to your regulatory authority). Or remove the UST from the ground or leave it in the ground. In both cases, the tank must be emptied and cleaned by removing all liquids, dangerous vapor levels, and accumulated sludge. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing Temporary closing up to 12 months, possible extension will be another 12 months. Permanently closing ;notice 30 days before.Records need to be kept 3 years.
ST - 17 30 TAC 334.49 40 CFR 264.190   Operations and maintenance of above ground storage tanks Operation and maintenance, spill response, security, labeling, and record keeping requirements of aboveground storage tanks Operations of aboveground storage tanks may include: Operation procedure may include: Preplanning, Training and Rescue, Setting up equipment for tank entry and cleaning, Removing recoverable product from tanks using fixed connections and piping (decommissioning), Removing remaining product and tank bottoms through an entryway (without entry), Tank isolation, Vapor and gas freeing the tank (degassing), Atmospheric testing the tank interior, Cleaning the tank, Working inside and around the tank, De-isolation and returning the tank to service and Recommissioning.
Periodic maintenance inspection of the inside of the tank is important when assessing performance.
1. Once a year is a good frequency for aggressive service conditions. Every two years in less aggressive service
(such as water, etc.).
2. Look for a shiny interior surface on newer tanks (less than 5 years old). More aggressive chemicals may show changes specific to that chemical.
3. Inspect all secondary laminates at joints, manways, seams, and fittings. Confirm that the surface is shiny and watch for exposed fibers.
4. Look closely at the area where the tank bottom meets the sidewall. This area is referred to as the knuckle radius of the tank and is the area of the highest stress.
5. Today�s digital cameras make the keeping of a photo log quite simple. By taking photos of the same areas every time an inspection is made, an excellent record of change can be documented.
6. Barcol hardness testing may be a useful tool to give a quantitative measure of what could be expected after a specific service period. The resin manufacturer may have values that could be expected after a period of time in a specific service.
Chemical Safety Specialist; Storm Water Safety Specialist Ongoing Good maintenance once a year.
ST - 18 30 TAC 334.48 40 CFR 264.193   Leak prevention and detection Overfill prevention, containment requirements and leak detection requirements of aboveground storage tanks Overfill Prevention equipment requirements for aboveground petroleum Storage Tanks are a gauge and alarm system, designed to prevent releases to the environment by alerting the person filling the tank of a potential are required for all aboveground storage for overfill prevention tanks (ASTs), even those with a capacity less than 660 gallons. Overfill prevention equipment has been a requirement for all regulated since April 25, 2000. Overfilling, the most frequent cause of oil spills from ASTs, is usually associated with human error. For Leak Prevention Product Inventory control must be conducted monthly to detect a release of at least 1.0% of flow-through plus 130 gallons on a monthly basis. Manual Tank Gauging Measurements are taken at the beginning and ending of a period of at least 36 hours during which no liquid is added or removed from the tank. Tank Tightness Testing (or another method of equivalent performance) must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table. The Automatic Product Level Monitor Test can detect a 0.02 gallon per hour leak rate from any portion of the tank that routinely contains product. Testing or monitoring for vapors within the soil gas of the excavation zone. The Measurement of Vapor by the monitoring device is not rendered inoperative by the ground water, rainfall, or soil moisture or other known interferences so that a release could go undetected for more than 30 days. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing Prevention Product Inventory once a month.
ST - 19 30 TAC 334.45 40 CFR 264.195   Inspections Regulations concerning aboveground storage tanks A container (i.e. storage tank) cannot be used for the storage of oil unless its material and construction are compatible with the material stored and conditions of storage such as pressure and temperature. All bulk storage container installations must be constructed so a secondary means of containment is provided for the entire capacity of the largest single container and sufficient freeboard to contain precipitation. Each aboveground container must be tested for integrity on a regular schedule, and whenever material repairs are made. The frequency of and type of testing must take into account container size and design (such as floating roof, skid-mounted, elevated, or partially buried). The facility must combine visual inspection with another testing technique such as hydrostatic testing, radiographic testing, ultrasonic testing, acoustic emissions testing, or another system of non-destructive shell testing. Comparison records must be kept and the container's supports and foundations also inspected. Personnel must frequently inspect the outside of the container for signs of deterioration, discharges, or accumulation of oil inside diked areas. Liquid level sensing devices must be regularly tested to ensure proper operation. Chemical Safety Specialist; Storm Water Safety Specialist Ongoing N/A
ST - 20 30 TAC 334.508 40 CFR 264.197   Tank closure Permanent and temporary aboveground storage tank closure requirements Owners and operators have several options available to them in closing their tank system as follows:
Permanent Closure
1) Notify the Department thirty (30) days before
commencement of closure activities.
2) Empty and clean the tank by removing all liquids, accumulated sludge, and vapors. All liquid and sludge shall be disposed of properly.
3) Assess the installation zone for any possible contamination before completion of the closure.
Owners and operators who wish to close the piping in place shall submit a closure plan to the Department thirty (30) days prior to closure. If the Department approves the plan the piping shall be closed a follows:
Temporarily Closure
1) Notify the Department thirty (30) days before closing the AST System.
2) Continue operation and maintenance of corrosion protection.
3) Continue using a method of release detection if the tank contains more than one inch of regulated substance.
If AST Systems are closed for three months or more the following are required:
1) Vent lines are left open and functioning.
2) All pumps, man-ways, and ancillary equipment are capped and secured. After the tank is emptied and cleaned all associated
piping is disconnected and capped.
Chemical Safety Specialist; Storm Water Safety Specialist Ongoing Notify the Department thirty (30) days before
ST - 21 30 TAC 334.1 40 CFR 280.90   Financial responsibilities of tank owners and operators Owner or operator financial responsibility and liability related to underground storage tanks and storage tank facilities The owner of the underground storage tank shall comply with the financial responsibility requirements of this subchapter, unless there is a written agreement between the owner and the operator of the underground storage tank setting forth a different arrangement between the owner and operator for provision of financial responsibility. The liability of the owner or operator established under the act for corrective action and for compliance with the requirements for the operation of underground storage tanks will not be affected by this section.
Chemical Safety Specialist; Storm Water Safety Specialist Ongoing N/A