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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 334UNDERGROUND AND ABOVEGROUND STORAGE TANKS
SUBCHAPTER FABOVEGROUND STORAGE TANKS
RULE §334.126Installation Notification for Aboveground Storage Tanks (ASTs)

(a) Except as provided in subsection (b) of this section, any person who intends to install a new or replacement aboveground storage tank (AST) must comply with the notification requirements of this section prior to initiating such activity.

  (1) Installation notifications shall be submitted to the agency at least 30 days prior to initiating the activity.

    (A) The notification may be provided either to the agency's central office in Austin or to the agency's appropriate regional office. The official date of notification shall be the date on which the notification is first received in an agency office.

    (B) Notification may be provided by the owner or operator, or an authorized representative of the owner or operator, (e.g., the contractor or consultant retained for the activity). Notifications filed by unauthorized persons shall be null and void.

    (C) Notifications shall be submitted on the agency's authorized form. The form shall be filled out completely. Upon completion, the form shall be dated and signed by the owner or operator (or authorized representative) and shall be filed in accordance with this paragraph.

    (D) When appropriate, installation notifications for ASTs (as required under this section) may be filed together with construction notifications for underground storage tank (UST) activities at the same facility (as required by §334.6 of this title (relating to Construction Notification for Underground Storage Tank (USTs) and UST Systems)), provided that complete and accurate explanation of the activities is included.

    (E) Between 24 and 72 hours prior to the scheduled time of initiation of the installation, the owner or operator (or authorized representative) shall contact the agency's appropriate regional office to confirm the time of the initiation of the installation activities.

    (F) The requirements and procedures for rescheduling, waiver requests, and expiration as related to installation notifications for ASTs shall be in conformance with the procedures for construction notifications applicable to USTs in §334.6(b)(3)-(5) of this title.

  (2) When requested by the agency, any person who intends to install a new or replacement AST shall also submit additional supporting information to assure that the activity is in compliance with applicable statutes and regulations.

  (3) In addition to the installation notification requirements of this section, the owner or operator of a proposed AST that is to be located in the designated recharge zone or transition zone of the Edwards Aquifer shall also secure the requisite approval from the executive director prior to initiating any installation or replacement activities, as prescribed in Chapter 313 of this title (relating to Edwards Aquifer).

  (4) When an existing UST is to be removed from the ground and is to be subsequently converted to an AST, the person must comply with the applicable technical requirements under §334.55 of this title (relating to Permanent Removal from Service) and with the notification requirements of §334.6 and §334.126 of this title (relating to Construction Notification for Aboveground Storage Tanks (ASTs) and Installation Notification for Aboveground Storage Tanks (ASTs)).

(b) The following ASTs shall not be subject to the installation notification requirements of this section:

  (1) ASTs which are exempt from regulation under §334.123 of this title (relating to Exemptions for Aboveground Storage Tanks (ASTs));

  (2) ASTs which are excluded from regulation under §334.124 of this title (relating to Exclusions for Aboveground Storage Tanks (ASTs));

  (3) movable or mobile ASTs (e.g., skid tanks) which are moved from one location to another on a regular basis, which are not permanently part of any particular facility, and which are otherwise in compliance with the provisions of §334.127(f) of this title (relating to Registration for Aboveground Storage Tanks (ASTs)); except that any movable or mobile ASTs proposed for installation or placement at a retail service station shall remain subject to the installation notification requirements of this section.


Source Note: The provisions of this §334.126 adopted to be effective June 25, 1990, 15 TexReg 3424; amended to be effective November 23, 2000, 25 TexReg 11442

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