SECTION 334.44. Implementation Schedules

(a) New underground storage tank (UST) systems.

(1) Requirements for all new UST systems. All new UST systems installed on or after the effective date of this subchapter, which contain, have contained, or will contain any regulated substances shall be in compliance with the following requirements from the time of installation through the operational life of the system.

(A) Such systems shall be designed, constructed, and installed in accordance with the provisions of §334.45 of this title (relating to Technical Standards for New UST Systems) and §334.46 of this title (relating to Installation Standards for New UST Systems).

(B) Such systems shall be properly protected from corrosion or equipped with appropriate corrosion protection equipment, as provided in §334.49 of this title (relating to Corrosion Protection).

(C) Such systems shall be monitored for releases as provided in §334.50 of this title (relating to Release Detection).

(D) The tanks in such systems shall be protected from spills and overfills, as provided in §334.51 of this title (relating to Spill and Overfill Prevention and Control).

(2) Additional requirements for new hazardous substance UST systems. In addition to the requirements applicable to all new UST systems in paragraph (1) of this subsection, all new hazardous substance UST systems installed on or after the effective date of this subchapter shall also be in compliance with the following requirements from the time of installation through the entire operational life of the system.

(A) Such systems shall be properly constructed or equipped with a secondary containment system which shall be designed, constructed, and installed in accordance with the provisions of §334.45(d) of this title and §334.46(f) of this title.

(B) Such systems shall be properly constructed or equipped with a release detection system capable of monitoring either the interstitial spaces between the primary and secondary walls of any double-wall UST components, or the spaces between the primary UST component walls and all secondary containment barriers, as applicable, in accordance with the provisions in §334.50(c) of this title.

(b) Existing UST systems.

(1) Requirements for all existing UST systems. All existing UST systems (i.e., UST systems for which installation has commenced or has been completed on or prior to December 22, 1988) which contain or have contained any regulated substances shall meet the applicable requirements of §334.47 of this title (relating to Technical Standards for Existing UST Systems) in accordance with the following schedule.

(A) Tank integrity assessment and cathodic protection. No later than December 22, 1998, all existing UST systems shall be brought into compliance with the applicable tank integrity assessment and cathodic protection requirements of §334.47(b)(1) of this title.

(B) Spill and overfill prevention. No later than December 22, 1994, all tanks in an existing UST system shall be brought into compliance with the applicable spill and overfill prevention equipment requirements of §334.51(b) of this title.

(C) Release detection for existing UST system piping.

(i) Release detection for pressurized piping. No later than December 22, 1990, all piping in an existing UST system that routinely conveys regulated substances under pressure (i.e., which operates at greater than atmospheric pressure) shall be brought into compliance with the pressurized piping release detection requirements in §334.50(b)(2)(A) of this title.

(ii) Release detection for suction piping and gravity-flow piping. All piping in an existing UST system that routinely conveys regulated substances either by gravity flow or under suction (i.e., which operates at less than atmospheric pressure) shall be brought into compliance with the suction and gravity-flow piping release detection requirements in §334.50(b)(2)(B) of this title no later than the date on which release detection is required for the tank to which such piping is connected, as prescribed in subparagraph (D) of this paragraph.

(D) Release detection for existing tanks.

(i) Except as provided in clause (ii) of this subparagraph, all tanks in an existing UST system shall be brought into compliance with the tank release detection requirements in §334.50(b)(1) of this title no later than the date specified in the following subclauses for the time of installation applicable to such tanks:

(I) December 22, 1989, for tanks where the installation dates are undetermined or unknown;

(II) December 22, 1989, for tanks installed during 1964 or prior years;

(III) December 22, 1990, for tanks installed during the years 1965-1969, inclusive;

(IV) December 22, 1991, for tanks installed during the years 1970-1974, inclusive;

(V) December 22, 1992, for tanks installed during the years 1975-1979, inclusive;

(VI) December 22, 1993, for tanks installed during the years 1980-1987, inclusive; and

(VII) December 22, 1993, for tanks installed between January 1, 1988, and December 22, 1988, inclusive.

(ii) For emergency generator tanks only, the compliance dates prescribed in clause (i)(I)-(V) of this subparagraph shall be extended by one year; however, no compliance date shall be extended later than December 22, 1993.

(2) Additional requirements for existing hazardous substance UST systems. In addition to the requirements applicable to all existing UST systems in paragraph (1) of this subsection, all existing hazardous substance UST systems shall also be brought into compliance with additional secondary containment and release detection standards in accordance with the following schedule.

(A) No later than December 22, 1998, all existing hazardous substance UST systems shall be equipped with a secondary containment system meeting the design, construction, and installation requirements in §334.45(d) of this title and of §334.46(f) of this title.

(B) No later than December 22, 1998, all existing hazardous substance UST systems shall be equipped with a release detection system capable of monitoring either the interstitial spaces between the primary and secondary walls of any double-walled UST components, or the spaces between the primary UST component walls and any secondary containment barriers, as applicable, in accordance with the provisions in §334.50(c) of this title.

Source Note: The provisions of this §334.44 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective June 25, 1990, 15 TexReg 3424; amended to be effective November 23, 2000, 25 TexReg 11442