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		Administration of the storage tank and spill prevention program	Regulations on Storage Tanks. Types of tanks: aboveground storage tanks (ASTs) and underground storage tanks (USTs).	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 comparable standards. Release confirmation and remediation standards are set forth to require the clean-up of any release that does occur.	Chemical Safety Specialist; Environmental Manager	Ongoing	N/A
ST - 2	30 TAC 334.401	40 CFR 280		Tank handling and inspection requirements	Storage tank installer, handling and inspection requirements.	Any entity who engages in the business of underground storage tank installation, repair, or removal must be registered with the TCEQ. Individuals who supervise the installation, repair, or removal of an underground storage tank must be licensed by the TCEQ. A certified inspector conducts the tank handling activities on all field constructed storage tanks and tank handling activities conducted on all ASTs having a capacity greater than 1,100 gallons.	Chemical Safety Specialist; Environmental Manager	Ongoing	N/A
ST - 3	30 TAC 334.45	40 CFR 280.52		Underground storage tank tightness testing requirements	Storage tank testing requirements.	All owners and operators of underground storage tanks that contain petroleum products, including gasoline, are required by law to have their tanks tested to ensure their systems are not leaking any petroleum into the soil or groundwater. Leaking USTs can present other health and environmental risks, including the potential for fire and explosion.	Chemical Safety Specialist; Environmental Manager	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 must used department certified personnel to conduct tank handling activities, except as noted in this subsection. A certified installer shall perform the tank handling activity or provide direct onsite supervision and control of the activity.	Chemical Safety Specialist; Environmental Manager	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 Texas Commission on Environmental Quality (TCEQ).	The storage tank system must be registered with the TCEQ in accordance with Subchapter A (relating to general provisions) and be maintained and operated in compliance with the standards and requirements under the act and this chapter. To register the regulated petroleum storage tank with the TCEQ and receive a delivery certificate, you must: -Complete and submit form TCEQ-0724, UST Registration and Self Certification Form. -Not owe the agency any fees or penalties. -Self-certify compliance with applicable TCEQ rules in the following areas: 1) All regulated tanks at your facility have been registered. 2) All UST fees billed to date to the current owner must be paid in full, including annual fees plus all late fees, penalties and interest for that facility as described in the rules Title 30 TAC Chapter 334, Subchapter B. As of September 1, 2007, Petroleum Storage Tank owners were no longer assessed annual registration fees. Any fee that required payment prior to September 1, 2007 (Fiscal Year 2007 and all prior years) will continue to be the responsibility of the tank owner. This includes fees for tanks that were not properly registered by September 1, 2007. 3) Financial Assurance (e.g. insurance) requirements have been met. As of September 1, 2007, all annual Self-Certification forms must be accompanied with proof of financial assurance. 4) Your UST systems must meet the technical standards for release detection, corrosion protection, and spill and overfill prevention. -Make sure each UST fill pipe at your facility has been clearly labeled according to the uniform system described in the rules [Title 30 TAC Chapter 334, Subchapter A, Section 8(c)(5)(C)].	Chemical Safety Specialist; Environmental Manager	Ongoing	N/A
ST - 6	30 TAC 334.45	40 CFR 281.32		General operation requirements	Requirements for operating and installation of USTs.	Every UST facility is required to have at least one trained Operator in each of three classes: Class A Operator, Class B Operator, Class C Operator. For installation of an UST, a licensed UST installer's on–site supervisor employed by a registered UST Contractor is required. A construction notification form must be submitted to the TCEQ (form TCEQ‐00495) at least 30 days prior to performing work for installation. New UST systems must be installed to meet requirements for spill, overfill, and release detection, and must have striker plates under all fill and gauge openings. All USTs installed after January 1, 2009 require secondary containment. Existing systems must be maintained in compliance with applicable TCEQ rules, whether or not they are in use. If the UST is in use, it must comply with all technical and administrative requirements, including release detection, corrosion protection, spill- and overfill-prevention equipment, financial assurance, registration and self certification, and recordkeeping (and any other requirements that apply).	Chemical Safety Specialist; Environmental Manager	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 must report suspected releases to the agency within 24 hours of discovery, and fully investigate them within 30 days of discovery. The investigation may include checking and repairing equipment, tank- and piping-tightness tests, or environmental sampling, also known as a " site check ". If no environmental contamination is found after making repairs, testing the tanks and lines, or conducting sampling, complete a Release Determination Report Form (TCEQ-00621) to indicate this outcome, and submit it to the agency within 45 days of the initial suspected release. If environmental contamination is found at any step in the investigation of a suspected release or if the source of a previously discovered release is identified, then the suspected release becomes a confirmed release.	Chemical Safety Specialist; Environmental Manager	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 TCEQ and any impacted after municipality confirmation of a reportable release	Unless directed otherwise by the agency, owners and operators must do the following when a release is confirmed: - Stop the release and take action to prevent further movement of the contaminants into the environment. - Monitor and mitigate any fire or safety hazards posed by vapors or NAPL. - Take the leaking system out of service until it can be repaired. - Remove NAPL (if present) to the extent practicable. - Report the release to the agency within 24 hours. If visual observation or sample analysis indicates that a release of a regulated substance has occurred, complete the incident-report form (TCEQ-20097) and contact the TCEQ PST Program by phone, fax, or e-mail within 24 hours of the release discovery (see the contact information at the beginning of this document). Within 20 days of the notice, a PST Release Determination Report form (TCEQ-00621) must be completed. The report includes a confirmed release, whether above or below action levels were taken.	Chemical Safety Specialist; Environmental Manager	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.	Stop the release and attempt to prevent further movement into the environment. It may be necessary to shut down all or part of the system immediately to avoid further release or other harm. Monitor and mitigate any fire or safety hazards posed by vapors or product. If the release presents a safety or fire hazard (for example, product or vapors are found in drinking-water wells, utility lines, buildings, or storm sewers), contact your local emergency response agencies and TCEQ emergency response personnel immediately to mitigate the situation. To report your confirmed release, contact the Remediation Division at 512-239-2200 or the Emergency Response hotline at 800-255-3924. Isolate and contain surface spills from access to the public until they are cleaned up. Environmental media samples must be taken to determine the impact on the surrounding area. Determine the nature and extent of a release generally begins with characterizing the soil and rock permeability and conducting soil sampling. Soil samples are collected to establish the full horizontal and vertical extent of the release in the soil. Monitoring wells are constructed to establish the horizontal and vertical extent of impact to the groundwater resource. Monitoring wells are typically established around the release to understand the distribution of contaminants in the saturated zone. The number and location of groundwater monitoring wells must be adequate to characterize the nature and extent of contamination. A minimum of three triangulated monitoring wells are necessary to establish the direction of groundwater flow. A completed Assessment Report Form (TCEQ-0562) with all appropriate attachments must be submitted to the TCEQ as required by TWC 26.3512 and updated as additional information becomes available.	Chemical Safety Specialist; Environmental Manager	Release Incident	Notify within 24 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 mitigate any affected water supply.	You must conduct investigations to determine the full extent and location of contaminated soils and the presence of groundwater contamination if any of the following conditions exist: - There is evidence that groundwater wells have been affected by the release. - NAPL is found to need recovery in compliance with 30 TAC 334.79. - There is evidence that contaminated soils may be in contact with groundwater. - The TCEQ requests an investigation, based on the potential effects of contaminated soil or groundwater on nearby surface water or groundwater resources. - You should submit information collected to the agency as soon as practicable, or by the schedule established by the TCEQ.	Chemical Safety Specialist; Environmental Manager	Spill Incident
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; Environmental Manager	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; Environmental Manager	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; Environmental Manager	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; Environmental Manager	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; Environmental Manager	Ongoing	N/A
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; Environmental Manager	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: 1) preplanning, training, and rescue, 2) setting up equipment for tank entry and cleaning, 3) removing recoverable product from tanks using fixed connections and piping (decommissioning), 4) removing remaining product and tank bottoms through an entryway (without entry), 5) tank isolation, 6) vapor and gas freeing the tank (degassing), 7) atmospheric testing the tank interior, 8) cleaning the tank, 9) working inside and around the tank, 10) de-isolation and returning the tank to service, and 11) 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. Barco 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; Environmental Manager	Ongoing	Annual maintenance
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	Prior to regulated substances being transferred and deposited into a UST system, the tank volume must be greater than the volume of substances to be transferred into the tank. During the entire time that substances are being transferred, the entire transfer operation is continuously monitored by the person conducting the transfer. The UST systems shall be equipped with each of the following spill and overfill prevention equipment or devices: 1) Tight-fill fitting, 2) spill containment equipment, 3) overfill prevention equipment. Each tank shall be equipped with a valve or other appropriate device that shall be designed to either: (I) automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches a preset level which shall be no higher than the 95% capacity level for the tank; or (ii) automatically restrict the flow of regulated substances into the tank when the liquid level in the tank reaches a preset level which shall be no higher than the 90% capacity level for the tank, provided that such flow restricting device shall also alert the person responsible for the delivery when such preset level is reached. Flow restrictor devices may not be used when overflow prevention is installed or replaced on or after September 1, 2018; or (iii) emit an audible and visible alarm capable of alerting the person responsible for the delivery when the liquid level in the tank reaches a preset level which shall be no higher than the 90% capacity level for the tank, provided that the tank is also equipped with a valve or other device which is designed to automatically shut off or automatically restrict the flow of regulated substances into the tank when the liquid level reaches a preset level which shall be no higher than the 98% capacity level for the tank.	Chemical Safety Specialist; Environmental Manager	Ongoing	N/A
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; Environmental Manager	On going	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 TCEQ 30 days before commencement of closure activities. Complete form TCEQ-0030. 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; Environmental Manager	Ongoing	Notify the TCEQ 30 days before closure
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; Environmental Manager	Ongoing	N/A