SECTION 334.121. Purpose and Applicability for Aboveground Storage Tanks (ASTs)

(a) Purpose. The purpose of this subchapter is to provide a regulatory program for aboveground storage tanks (ASTs) storing petroleum products, as prescribed by the Texas Water Code, Chapter 26, Subchapter I, to maintain and protect the quality of groundwater and surface water resources in the state from certain substances in ASTs that may pollute such groundwater and surface water resources, and to provide for the protection of human health and safety, as well as the protection of the overall environment of the state.

(b) Applicability.

(1) An AST shall be subject to the regulations in this subchapter only when such tank:

(A) meets the definition of "aboveground storage tank" in §334.122 of this title (relating to Definitions for Aboveground Storage Tanks (ASTs));

(B) contains, has contained, or will contain a "petroleum product" as defined in §334.2 of this title (relating to Definitions);

(C) is not exempted from regulation in §334.123 of this title (relating to Exemptions for Aboveground Storage Tanks (ASTs)); and

(D) is not excluded from regulation in §334.124 of this title (relating to Exclusions for Aboveground Storage Tanks (ASTs)).

(2) The requirements and provisions in this subchapter are applicable to regulated ASTs, and to the registration, installation notification, reporting, recordkeeping, release reporting and corrective action, fee assessment, and other requirements associated with such tanks, as more fully described in this subchapter.

(3) The requirements and provisions in this subchapter apply equally to all owners and operators of regulated ASTs, including individuals, trusts, firms, joint-stock companies, corporations, governmental corporations, partnerships, associations (including nonprofit and charity organizations), states, municipalities, commissions, political subdivisions of a state, interstate bodies, consortiums, joint ventures, commercial and noncommercial entities, and the United States government (including all of its departments), except as otherwise provided in this subchapter.

(4) The following types of aboveground tanks are subject to the regulations in this subchapter if they meet the general qualifications for an AST in paragraph (1) of this subsection:

(A) compartmental tanks, when at least one of the compartments is used to store petroleum products; and

(B) dual-use or multiple-use tanks which alternately store two or more substances, when at least one of the stored substances is a petroleum product.

(5) If a storage tank containing a petroleum product technically meets the definitions of both an AST and an underground storage tank (UST) under this chapter, then the tank will be considered an UST, and must conform with all applicable requirements for UST in this chapter.

(6) Consistent with the exemption for heating oil tanks in §334.123(a)(2) of this title, an AST storing a petroleum product (such as kerosene or diesel) which is primarily used as a heating oil substitute for heating purposes on the premises where stored, and which is secondarily used as a motor fuel for the operation of internal combustion engines, is exempt from the regulations of this subchapter.

Source Note: The provisions of this §334.121 adopted to be effective June 25, 1990, 15 TexReg 3424; amended to be effective November 23, 2000, 25 TexReg 11442