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61 FR 1223-1228 January 18, 1996 (Volume 61, Number 12) 40 CFR Part 282 [FRL-5304-4] Underground Storage Tank Program: Approved State Program for Texas

[Federal Register: January 18, 1996 (Volume 61, Number 12)]
[Rules and Regulations]               
[Page 1223-1228]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja96-5]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-4] 
Underground Storage Tank Program: Approved State Program for 
Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended 
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to 
grant approval to states to operate their underground storage tank 
programs in lieu of the federal program. 40 CFR part 282 codifies EPA's 
decision to approve state programs and incorporates by reference those 
provisions of the state statutes and regulations that will be subject 
to EPA's inspection and enforcement authorities under sections 9005 and 
9006 of RCRA subtitle I and other applicable statutory and regulatory 
provisions. This rule codifies in part 282 the prior approval of Texas' 
underground storage tank program and incorporates by reference 
appropriate provisions of state statutes and regulations.

DATES: This regulation is effective March 18, 1996, unless EPA 
publishes a prior Federal Register notice withdrawing this immediate 
final rule. All comments on the codification of Texas' underground storage tank 
program must be received by the close of business February 
20, 1996. The incorporation by reference of certain publications listed 
in the regulations is approved by the Director of the Federal Register, 
as of March 18, 1996, in accordance with 5 U.S.C. 552(a).

ADDRESSES: Comments may be mailed to the Docket Clerk, Underground Storage Tank Program, 6H-A, 
U.S. EPA Region 6, 1445 Ross Avenue, 
Dallas, TX 75202-2733. Comments received by EPA may be inspected in the 
public docket, located in the EPA Region 6 Library (12th floor) from 8 
a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Gary Fisher, Underground Storage Tank 
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-
2733. Phone: (214) 665-8048.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of the Resource Conservation and Recovery Act of 1976, 
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental 
Protection Agency to approve state underground storage tank programs to 
operate in the state in lieu of the federal underground storage tank 
program. EPA published a Federal Register document announcing its 
decision to grant approval to Texas on March 7, 1995 (60 FR 14373). 
Approval was effective on April 17, 1995.
    EPA codifies its approval of State programs in 40 CFR part 282 and 
incorporates by reference therein the state statutes and regulations 
that will be subject to EPA's inspection and enforcement authorities 
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 
6991e, and other applicable statutory and regulatory provisions. 
Today's rulemaking codifies EPA's approval of the Texas underground storage tank program. 
This codification reflects the state program in 
effect at the time EPA granted Texas approval under section 9004(a), 42 
U.S.C. 6991c(a) for its underground storage tank program. Notice and 
opportunity for comment were provided earlier on the Agency's decision 
to approve the Texas program, and EPA is not now reopening that 
decision nor requesting comment on it.
    This effort provides clear notice to the public of the scope of the 
approved program in each state. By codifying the approved Texas program 
and by amending the Code of Federal Regulations whenever a new or 
different set of requirements is approved in Texas, the status of 
federally approved requirements of the Texas program will be readily 
discernible. Only those provisions of the Texas underground storage tank program 
for which approval has been granted by EPA will be 
incorporated by reference for enforcement purposes.
    To codify EPA's approval of Texas' underground storage tank 
program, EPA has added section 282.93 to title 40 of the CFR. Section 
282.93 incorporates by reference for enforcement purposes the State's 
statutes and regulations. Section 282.93 also references the Attorney 
General's Statement, Demonstration of Adequate Enforcement Procedures, 
the Program Description, and the Memorandum of Agreement, which are 
approved as part of the underground storage tank program under subtitle 
I of RCRA.
    The Agency retains the authority under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable 
statutory and regulatory provisions to undertake inspections and 
enforcement actions in approved states. With respect to such an 
enforcement action, the Agency will rely on federal sanctions, federal 
inspection authorities, and federal procedures rather than the state 

[[Page 1224]]
authorized analogs to these provisions. Therefore, the approved Texas 
enforcement authorities will not be incorporated by reference. Section 
282.93 lists those approved Texas authorities that would fall into this 
category.
    The public also needs to be aware that some provisions of the 
State's underground storage tank program are not part of the federally 
approved state program. These non-approved provisions are not part of 
the RCRA Subtitle I program because they are "broader in scope" than 
Subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, state 
provisions which are "broader in scope" than the federal program are 
not incorporated by reference for purposes of enforcement in part 282. 
Section 282.93 of the codification simply lists for reference and 
clarity the Texas statutory and regulatory provisions which are 
"broader in scope" than the federal program and which are not, 
therefore, part of the approved program being codified today. "Broader 
in scope" provisions cannot be enforced by EPA; the State, however, 
will continue to enforce such provisions.

Certification Under the Regulatory Flexibility Act

    This rule codifies the decision already made (60 FR 14373, March 7, 
1995) to approve the Texas underground storage tank program and thus 
has no separate effect. Therefore, this rule does not require a 
regulatory flexibility analysis. Thus, pursuant to section 605(b) of 
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Section 6 of Executive Order 12866.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed or final rule. This rule will not 
impose any information requirements upon the regulated community.

List of Subjects in 40 CFR Part 282

    Environmental protection, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, State program approval, 
Underground storage tanks, Water pollution control.

    Dated: October 20, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.

    For the reasons set forth in the preamble, 40 CFR Part 282 is 
proposed to be amended as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

    1. The authority citation for part 282 continues to read as 
follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

Subpart B--Approved State Programs

    2. Subpart B is amended by adding Sec. 282.93 to read as follows:


Sec. 282.93  Texas State-Administered Program.

    (a) The State of Texas is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as 
administered by the Texas Natural Resource Conservation Commission, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
Chapter. EPA approved the Texas program on March 7, 1995 and it was 
effective on April 17, 1995.
    (b) Texas has primary responsibility for enforcing its underground storage tank 
program. However, EPA retains the authority to exercise 
its inspection and enforcement authorities under sections 9005 and 9006 
of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under 
other statutory and regulatory provisions.
    (c) To retain program approval, Texas must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Texas obtains approval 
for the revised requirements pursuant to section 9004 of RCRA, 42 
U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be 
published in the Federal Register.
    (d) Texas has final approval for the following elements submitted 
to EPA in Texas' program application for final approval and approved by 
EPA on March 7, 1995. Copies may be obtained from the Underground Storage Tank Program, 
Texas Natural Resource Conservation Commission, 
P.O. Box 13087, Austin, TX 78711-3087.
    (1) State statutes and regulations. (i) The provisions cited in 
this paragraph are incorporated by reference as part of the underground storage tank program 
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Texas Statutory Requirements Applicable to the Underground Storage Tank Program, 1995
(B) Texas Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995

    (ii) The following statutes and regulations are part of the 
approved state program, although not incorporated by reference herein 
for enforcement purposes.
    (A) The statutory provisions include:

(1) Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water 
Administration.

Sec. 26.013  Research, Investigations
Sec. 26.014  Power to Enter Property
Sec. 26.015  Power to Examine Records
Sec. 26.016  Enforcement Proceedings
Sec. 26.017  Cooperation
Sec. 26.019  Orders
Sec. 26.020  Hearing Powers
Sec. 26.021  Delegation of Hearing Powers
Sec. 26.022  Notice of Hearings; Continuance
Sec. 26.042  Monitoring and Reporting
Sec. 26.121  Unauthorized Discharges Prohibited
Sec. 26.122  Civil Penalty
Sec. 26.123  Enforcement by Commission
Sec. 26.124  Enforcement by Others
Sec. 26.125  Venue and Procedure
Sec. 26.126  Disposition of Civil Penalties
Sec. 26.136  Administrative Penalty
Sec. 26.212  Criminal Offense
Sec. 26.213  Criminal Penalty
Sec. 26.268  Penalties
Sec. 26.353  Commission Orders
Sec. 26.354  Emergency Orders
Sec. 26.356  Inspections, Monitoring, and Testing

    (B) The regulatory provisions include:

(1) 31 Texas Administrative Code, Chapter 334--Underground and 
Aboveground Storage Tanks.

Subchapter A: General Provisions
Sec. 334.11  Enforcement
Sec. 334.14  Memorandum of Understanding between the Attorney General 
of Texas and the Texas Natural Resource Conservation Commission

(2) 31 Texas Administrative Code, Chapter 337--Enforcement.

(i) Subchapter A: Enforcement Generally.
Sec. 337.1  Enforcement Orders 

[[Page 1225]]

Sec. 337.2  Hearings on Violations
Sec. 337.3  Legal Proceedings
Sec. 337.4  Complaint File
Sec. 337.5  Confidentiality of Enforcement Information
Sec. 337.6  Force Majeure
(ii) Subchapter B: Enforcement Hearings.
Sec. 337.31  Purpose
Sec. 337.32  Remedies
Sec. 337.33  Definitions
Sec. 337.34  Substantial Noncompliance and Emergency Conditions
Sec. 337.35  Emergencies
Sec. 337.36  Preliminary Enforcement Report
Sec. 337.37  Notice
Sec. 337.38  Answer
Sec. 337.39  Commission Action
Sec. 337.40  Appeals of Administrative Penalties
(iii) Subchapter C: Water Rights Enforcement.
Sec. 337.51  Show-Cause Enforcement Procedures
Sec. 337.52  Notice
Sec. 337.53  Enforcement of Commission Orders
Sec. 337.54  Enforcement

(3) 31 Texas Administrative Code, Chapter 265--Procedures Before Public 
Hearing.

Sec. 265.1  Initial Pleadings
Sec. 265.2  Executive Director Forwards Initial Pleadings to the 
Commission
Sec. 265.3  Acceptance for Filing
Sec. 265.4  Affidavit of Publication
Sec. 265.5  Effect of Failure to Furnish Affidavit
Sec. 265.6  Conference Before Hearing
Sec. 265.7  Recordation of Conference Action
Sec. 265.8  Prefiled Testimony and Exhibits
Sec. 265.9  Written Protest
Sec. 265.10  Discovery
Sec. 265.11  Forms of Discovery
Sec. 265.12  Scope of Discovery
Sec. 265.13  Exceptions
Sec. 265.14  Protective Orders
Sec. 265.15   Duty to Supplement
Sec. 265.16  Discovery of Documents and Things
Sec. 265.17  Interrogatories to Parties
Sec. 265.18  Admission of Facts and Genuineness of Document
Sec. 265.19  Requests for Requests for Information
Sec. 265.20 Sanctions for Failure to Comply with Discovery Ruling

(4) 31 Texas Administrative Code, Chapter 267--Procedures During Public 
Hearing.

Sec. 267.1  Designation of Parties
Sec. 267.2  Statutory Parties
Sec. 267.3  Rights of Parties at the Hearing
Sec. 267.4  Persons Not Parties
Sec. 267.5  Effect of Postponement
Sec. 267.6  Furnishing Copies of Pleadings
Sec. 267.7  Conference During Hearing
Sec. 267.8  Recordation of Hearing Conference Action
Sec. 267.9  Agreements to be in Writing
Sec. 267.10  Rulings in Commission Evidentiary Hearings
Sec. 267.11  Order of Presentation
Sec. 267.12  Alignment of Participants
Sec. 267.13  General Admissibility of Evidence
Sec. 267.14  Objections
Sec. 267.15  Interlocutory Appeals
Sec. 267.16  Cross-Examination of Witnesses
Sec. 267.17  Stipulation
Sec. 267.18  Exhibits
Sec. 267.19  Copies of Exhibits
Sec. 267.20  Abstracts of Documents
Sec. 267.21  Excluding Exhibits
Sec. 267.22  Official Notice
Sec. 267.23  Parties to be Informed of Material Officially Noticed
Sec. 267.24  Continuance
Sec. 267.25  Oral Argument
Sec. 267.26  Submittal of Findings of Fact and Conclusions of Law

(5) 31 Texas Administrative Code, Chapter 273--Procedures After Final 
Decision.

Sec. 273.1  Motion for Rehearing
Sec. 273.2  Reply to Motion for Rehearing
Sec. 273.3  Granting of Motion for Rehearing
Sec. 273.4  Modification of Time Limits
Sec. 273.5  Decision Final and Appealable
Sec. 273.6  Appeal
Sec. 273.7  The Record
Sec. 273.8   Costs of Record on Appeal

    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved 
program, and are not incorporated by reference herein for enforcement 
purposes.
(A) Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water 
Administration.
(1) Subchapter I: Underground and Aboveground Storage Tanks.
Sec. 26.341  Purpose (Insofar as it applies to aboveground storage tanks.)
Sec. 26.342  Definitions (Insofar as (10) and (12) apply to aboveground 
storage tanks.)
Sec. 26.344  Exemptions (Insofar as (a), (d), and (f) apply to 
aboveground storage tanks.)
Sec. 26.3441  Aboveground Storage Tanks (Insofar as it applies to 
aboveground storage tanks.)
Sec. 26.345  Administrative Provisions (Insofar as (a) and (e) apply to 
aboveground storage tanks.)
Sec. 26.346  Registration Requirements (Insofar as (a) applies to 
aboveground storage tanks.)
Sec. 26.349  Reporting of Releases and Corrective Action (Insofar as 
(a) applies to aboveground storage tanks.)
Sec. 26.351  Corrective Action (Insofar as it applies to aboveground 
storage tanks.)
Sec. 26.3511  Corrective Action by the Commission (Insofar as it 
applies to aboveground storage tanks.)
Sec. 26.3514  Limits on Liability of Lender (Insofar as it applies to 
aboveground storage tanks.)
Sec. 26.3515  Limits on Liability of Corporate Fiduciary (Insofar as it 
applies to aboveground storage tanks.)
Sec. 26.355  Recovery of Costs (Insofar as it applies to aboveground 
storage tanks.)
Sec. 26.358  Storage Tank Fund; Fees (Insofar as it applies to 
aboveground storage tanks.)
(B) 31 Texas Administrative Code, Chapter 334--Underground and 
Aboveground Storage Tanks.
(1) Subchapter A: General Provisions.
    (i) Insofar as Sec. 334.1(a)(1), (c), and (d)(2) apply to 
aboveground storage tanks.
    (ii) Insofar as Sec. 334.3(b) applies release reporting and 
corrective action requirements to certain hydraulic lift tanks that are 
exempt under the federal program.
    (iii) Insofar as Sec. 334.4 does not exclude airport hydrant fuel 
distribution systems and UST systems with field-constructed tanks; 
excludes only sumps less than 110 gallons, as opposed to all tanks; and 
does not provide a release detection deferral for UST systems that 
store fuel solely for use by emergency power generators.
    (iv) Insofar as Sec. 334.4 subjects wastewater treatment tank 
systems that are deferred in the federal rules to the registration, 
general operating requirements, and corrective action requirements.
    (v) Insofar as Sec. 334.4 requires USTs that store radioactive 
substances or are part of a nuclear power plant to comply with 
registration and general operating requirements.
    (vi) Insofar as Sec. 334.4 applies release reporting and corrective 
action requirements to certain hydraulic lift tanks that are exempt 
under the federal program.
(2) Subchapter F: Aboveground Storage Tanks (Insofar as it applies to 
aboveground storage tanks)
Sec. 334.121  Purpose and Applicability 

[[Page 1226]]

Sec. 334.122  Definitions
Sec. 334.123  Statutory Exemptions
Sec. 334.124  Commission Exclusions
Sec. 334.125  General Prohibitions and Requirements
Sec. 334.126  Installation Notification
Sec. 334.127  Registration
Sec. 334.128  Annual Facility Fees
Sec. 334.129  Release Reporting and Corrective Action
Sec. 334.130  Reporting and Recordkeeping
Sec. 334.131  Enforcement
Sec. 334.132  Other General Provisions
(3) Subchapter I: Underground Storage Tank Contractor Certification and 
Installer Licensing (Insofar as it applies to individuals other than 
UST owners and operators)
Sec. 334.401  Certificate of Registration for UST Contractor
Sec. 334.402  Application for Certificate of Registration
Sec. 334.403  Issuance of Certificate of Registration
Sec. 334.404  Renewal of Certificate of Registration
Sec. 334.405  Denial of Certificate of Registration
Sec. 334.406  Fee Assessments for Certificate of Registration
Sec. 334.407  Other Requirements
Sec. 334.408  Exception to Registration Requirements
Sec. 334.409  Revocation, Suspension or Reinstatement of Certification 
of Registration and License
Sec. 334.410  Notice of Hearings
Sec. 334.411  Type of Hearing
Sec. 334.412  Subchapter I Definitions
Sec. 334.413  License for Installers and On-Site Supervisors
Sec. 334.414  License for Installers and On-Site Supervisors
Sec. 334.415  License A and License B
Sec. 334.416  Requirements for Issuance of License A and License B
Sec. 334.417  Application for License A and License B
Sec. 334.418  Notification of Examination
Sec. 334.419  License A and License B Examination
Sec. 334.420  Issuance of License A or License B
Sec. 334.421  Renewal of License
Sec. 334.422  Denial of License A or License B
Sec. 334.423  Fees Assessments for License A and License B
Sec. 334.424  Other Requirements for a License A and License B
Sec. 334.425  Exceptions to License A and License B Requirements
Sec. 334.426  Revocation, Suspension, or Reinstatement of a License A 
and License B
Sec. 334.427  Notice of Hearings
Sec. 334.428  Type of Hearing
(4) Subchapter J: Registration of Corrective Action Specialists and 
Project Managers for Product Storage Tank Remediation Projects (Insofar 
as it applies to individuals other than UST owners and operators)
Sec. 334.451  Applicability of Subchapter J
Sec. 334.452  Exemptions from Subchapter J
Sec. 334.453  General Requirements and Prohibitions
Sec. 334.454  Exception for Emergency Abatement Actions
Sec. 334.455  Notice to Owner or Operator
Sec. 334.456  Application for Certificate of Registration for 
Corrective Action Specialist
Sec. 334.457  Application for Certificate of Registration for 
Corrective Action Project Manager
Sec. 334.458  Review and Issuance of Certificates of Registration
Sec. 334.459  Continuing Education Requirements for Corrective Action 
Project Managers
Sec. 334.460  Renewal of Certificate of Registration for Corrective 
Action Specialist and Corrective Action Project Manager
Sec. 334.461  Denial of Certificate of Registration
Sec. 334.462  Other Requirements
Sec. 334.463  Grounds for Revocation or Suspension of Certificate of 
Registration
Sec. 334.465  Procedures for Revocation or Suspension of Certificate of 
Registration

Sec. 334.466  Reinstatement of a Certificate of Registration

    (2) Statement of legal authority. (i) "Attorney General's 
Statement for Final Approval", signed by the Attorney General of Texas 
on January 11, 1994, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Texas to EPA, January 11, 
1994, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
"Demonstration of Procedures for Adequate Enforcement" submitted as 
part of the original application on April 28, 1994, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on April 28, 
1994, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 6 and the Texas Natural Resource Conservation Commission, 
signed by the EPA Regional Administrator on January 13, 1995, though 
not incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    3. Appendix A to Part 282 is amended by adding in alphabetical 
order "Texas" and its listing.

Appendix A to Part 282--State Requirements Incorporated by 
Reference in part 282 of the Code of Federal Regulations

* * * * *

Texas

    (a) The statutory provisions include

1. Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water 
Administration

a. Subchapter I: Underground and Aboveground Storage Tanks

Sec. 26.341  Purpose (Except insofar as it applies to aboveground 
storage tanks.)
Sec. 26.342  Definitions (Except insofar as (10) and (12) apply to 
aboveground storage tanks.)
Sec. 26.343  Regulated Substances
Sec. 26.344  Exemptions (Except insofar as (a), (d), and (f) apply 
to aboveground storage tanks.)
Sec. 26.345  Administrative Provisions (Except insofar as (a) and 
(e) apply to aboveground storage tanks.)
Sec. 26.346  Registration Requirements (Except insofar as (a) 
applies to aboveground storage tanks.)
Sec. 26.347  Tank Standards
Sec. 26.348 Leak Detection and Record Maintenance
Sec. 26.349  Reporting of Releases and Corrective Action (Except 
insofar as (a) applies to aboveground storage tanks.)
Sec. 26.350  Tank Closure Requirements
Sec. 26.351  Corrective Action (Except insofar as it applies to 
aboveground storage tanks.)
Sec. 26.3511  Corrective Action by the Commission (Except insofar as 
it applies to aboveground storage tanks.)
Sec. 26.3512  Owner or Operator Responsibility; Limitations on Fund 
Payments for Corrective Action
Sec. 26.3513  Liability and Costs: Multiple Owners and Operators
Sec. 26.3514  Limits on Liability of Lender (Except insofar as it 
applies to aboveground storage tanks.) 

[[Page 1227]]

Sec. 26.3515  Limits on Liability of Corporate Fiduciary (Except 
insofar as it applies to aboveground storage tanks.)
Sec. 26.352  Financial Responsibility
Sec. 26.355  Recovery of Costs (Except insofar as it applies to 
aboveground storage tanks.)
Sec. 26.357  Standards and Rules
Sec. 26.3571  Eligible Owner or Operator
Sec. 26.3572  Groundwater Protection Cleanup Program
Sec. 26.3573  Petroleum Storage Tank Remediation Fund
Sec. 26.35735  Claims Audit
Sec. 26.3574  Fee on Delivery of Certain Petroleum Products
Sec. 26.358  Storage Tank Fund; Fees (Except insofar as it applies 
to aboveground storage tanks.)
Sec. 26.359  Local Regulation or Ordinance

    (b) The regulatory provisions include

1. 31 Texas Administrative Code, Chapter 334--Underground and 
Aboveground Storage Tanks

a. Subchapter A: General Provisions

Sec. 334.1  Purpose and Applicability (Except insofar as 
Sec. 334.1(a)(1), (c), and (d)(2) apply to aboveground storage tanks.)
Sec. 334.2  Definitions
Sec. 334.3  Statutory Exemptions (Except insofar as Sec. 334.3(b) 
applies release reporting and corrective action requirements to 
certain hydraulic lift tanks that are exempt under the federal 
program.)
Sec. 334.4 Commission Exclusions (Except insofar as Sec. 334.4: (1) 
Does not exclude airport hydrant fuel distribution systems and UST 
systems with field-constructed tanks; excludes only sumps less than 
110 gallons, as opposed to all tanks; and does not provide a release 
detection deferral for UST systems that store fuel solely for use by 
emergency power generators; (2) Subjects wastewater treatment tank 
systems that are deferred in the federal rules to the registration 
requirements, general operating requirements, and corrective action 
requirements; (3) Requires USTs that store radioactive substances or 
are part of a nuclear power plant to comply with registration and 
general operating requirements; and (4) Applies release reporting 
and corrective action requirements to certain hydraulic lift tanks 
that are exempt under the federal program.)
Sec. 334.5  General Prohibitions
Sec. 334.6  Construction Notification
Sec. 334.7  Registration
Sec. 334.8  Certification
Sec. 334.9  Seller's Disclosure
Sec. 334.10  Reporting and Recordkeeping
Sec. 334.12  Other General Provisions

2. Subchapter B: Underground Storage Tank Fees

Sec. 334.21  Fee Assessment
Sec. 334.22  Failure to Make Payment
Sec. 334.23  Disposition of Fees, Interest and Penalties

3. Subchapter C: Technical Standards

Sec. 334.41  Applicability
Sec. 334.42  General Standards
Sec. 334.43  Variances and Alternative Procedures
Sec. 334.44  Implementation Schedules
Sec. 334.45  Technical Standards for New UST Systems
Sec. 334.46  Installation Standards for New UST Systems
Sec. 334.47  Technical Standards for Existing UST Systems
Sec. 334.48  General Operating and Management Requirements
Sec. 334.49  Corrosion Protection
Sec. 334.50  Release Detection
Sec. 334.51  Spill and Overfill Prevention and Control
Sec. 334.52  UST System Repairs and Relining
Sec. 334.53  Reuse of Used Tanks
Sec. 334.54  Temporary Removal from Service
Sec. 334.55  Permanent Removal from Service

4. Subchapter D: Release Reporting and Corrective Action

Sec. 334.71  Applicability
Sec. 334.72  Reporting of Suspected Releases
Sec. 334.73  Investigation Due to Off-Site Impacts
Sec. 334.74  Release Investigation and Confirmation Steps
Sec. 334.75  Reporting and Cleanup of Surface Spills and Overfills
Sec. 334.76  Initial Response to Releases
Sec. 334.77  Initial Abatement Measures and Site Check
Sec. 334.78  Initial Site Characterization
Sec. 334.79  Free Product Removal
Sec. 334.80  Investigation for Soil and Groundwater Cleanup
Sec. 334.81  Corrective Action Plan
Sec. 334.82  Public Participation
Sec. 334.83  Emergency Orders
Sec. 334.84  Corrective Action by the Commission
Sec. 334.85  Management of Wastes

5. Subchapter E: Financial Responsibility

Sec. 334.91  Applicability
Sec. 334.92  Compliance Dates
Sec. 334.93  Amount and Scope of Required Financial Responsibility
Sec. 334.94  Allowable Mechanisms and Combinations of Mechanisms
Sec. 334.95  Financial Test of Self-Insurance
Sec. 334.96  Guarantee
Sec. 334.97  Insurance and Risk Retention Group Coverage
Sec. 334.98  Surety Bond
Sec. 334.99  Letter of Credit
Sec. 334.100  Trust Fund
Sec. 334.101  Standby Trust Fund
Sec. 334.102  Substitution of Financial Assurance Mechanisms by 
Owner or Operator
Sec. 334.103  Cancellation or Nonrenewal by a Provider of Financial 
Assurance
Sec. 334.104  Reporting by Owner or Operator
Sec. 334.105  Financial Assurance Recordkeeping
Sec. 334.106  Drawing on Financial Assurance Mechanisms
Sec. 334.107  Release from the Requirements
Sec. 334.108  Bankruptcy or Other Incapacity of Owner or Operator of 
Provider of Financial Assurance
Sec. 334.109  Replenishment of Guarantees, Letters of Credit, or 
Surety Bonds

6. Subchapter H: Interim Reimbursement Program

Sec. 334.301  Applicability of this Subchapter
Sec. 334.302  General Conditions and Limitations Regarding 
Reimbursement--Interim Period
Sec. 334.303  Time to File Application--Interim Period
Sec. 334.304  Who May File Application--Interim Period
Sec. 334.305  Where and How Documents Must Be Filed--Interim Period
Sec. 334.306  Form and Contents of Application--Interim Period
Sec. 334.307  Technical Information Required--Interim Period
Sec. 334.308  Allowable Costs and Restrictions on Allowable Costs--
Interim Period
Sec. 334.309  Reimbursable Costs--Interim Period
Sec. 334.310  Requirements for Eligibility--Interim Period
Sec. 334.311  Determining the Number of Occurrences--Interim Period
Sec. 334.312  Owner/Operator Contribution
Sec. 334.313  Review of Application by Executive Director--Interim 
Period
Sec. 334.314  Executive Director's Fund Payment Report--Initial 
Period
Sec. 334.315  Protest of Fund Payment Report--Interim Period
Sec. 334.316  Formal Petition--Interim Period
Sec. 334.317  Hearing by the Commission--Interim Period
Sec. 334.318  Recovery of Costs--Interim Period
Sec. 334.319  Administrative Penalties and Other Actions--Initial 
Period
Sec. 334.320  Responsibilities of Owners and Operators--Interim 
Period
Sec. 334.321  Corrective Action by the Commission--Interim Period
Sec. 334.322  Subchapter H Definitions

7. Subchapter K: Petroleum Substance Waste

Sec. 334.481  Definitions
Sec. 334.482  General Prohibitions
Sec. 334.483  Disposal by Generator
Sec. 334.484  Registration Required for Petroleum-Substance Waste 
Storage or Treatment Facilities
Sec. 334.485  Authorization for Class C and Class D Facilities
Sec. 334.486  Exemptions
Sec. 334.487  Notification and Mobilization Requirements for Class B 
Facilities
Sec. 334.488  Effect on Existing Facilities
Sec. 334.489  Notice to Owners and Operators
Sec. 334.490  Public Notice
Sec. 334.491  Public Meetings for Class A Facilities
Sec. 334.492  Closure and Facility Expansion
Sec. 334.493  Location Standards for Class A Petroleum-Substance 
Waste Storage or Treatment Facilities
Sec. 334.494  Shipping Procedures Applicable to Generators of 
Petroleum-Substance Waste
Sec. 334.495  Recordkeeping and Reporting Procedures Applicable to 
Generators
Sec. 334.496 Shipping Requirements Applicable to Transporters of 
Petroleum-Substance Waste
Sec. 334.497  Shipping Requirements Applicable to Owners or 
Operators of Storage Treatment or Disposal Facilities 

[[Page 1228]]

Sec. 334.498  Recordkeeping Requirements Applicable to Owners or 
Operators of Storage Treatment or Disposal Facilities
Sec. 334.499  Additional Reports
Sec. 334.500  Design and Operating Requirements of Stockpiles and 
Land Surface Treatment Units
Sec. 334.501  Reuse of Petroleum-Substance Waste
Sec. 334.502  Contaminant Assessment Program and Corrective Action
Sec. 334.503  Security
Sec. 334.504  Contingency Plan
Sec. 334.505  Emergency Procedures
Sec. 334.506  Closure Requirements Applicable to Class A and Class B 
Facilities
Sec. 334.507  General Requirements for Financial Assurance
Sec. 334.508  Mechanisms for Financial Assurance
Sec. 334.509  Liability Requirements for Class A and B Facilities
Sec. 334.510  Incapacity of Owners or Operators, Guarantors, or 
Financial Institutions

8. Subchapter L: Overpayment Prevention

Sec. 334.530  Purpose and Applicability of the Subchapter
Sec. 334.531  Responsibility of Recipients of Money from the PSTR 
Fund and Persons Paid by Recipients of Money from the PSTR Fund
Sec. 334.532  Payments
Sec. 334.533  Audits
Sec. 334.534  Notice of Overpayment
Sec. 334.535  Objections to the Notice of Overpayment and Formal 
Petition for Hearing
Sec. 334.536 Hearing by the Commission
Sec. 334.537  Failure to Return Overpayment or Cooperative with 
Audit or Investigation
Sec. 334.538  Administrative Penalties and Other Actions

9. Subchapter M: Reimbursable Cost Guidelines for the Petroleum 
Storage Tank Reimbursement Program

Sec. 334.560  Reimbursable Cost Guidelines

[FR Doc. 96-523 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P

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