| (a) Complete exclusions. In addition to the tanks exempted
from regulation under §334.3 of this title (relating to Exemptions for
Underground Storage Tanks (USTs) and UST Systems), the following USTs are
completely excluded from regulation under this chapter:
(1) any UST system containing a hazardous listed waste or identified
under the federal Solid Waste Disposal Act, Subtitle C, (42 United States
Code §6921, et seq.), or containing a mixture of such hazardous waste
and other regulated substances, where such system is already subject to regulation
under the federal Solid Waste Disposal Act, Subtitle C;
(2) any wastewater treatment tank (including an oil-water separator
and any pretreatment facility), which is an integral part of a wastewater
treatment facility which is either:
(A) permitted under the federal Clean Water Act, either §402
or §307(b), (33 United States Code §1251, et seq.); or
(B) permitted pursuant to the Texas Water Code, Chapter 26;
(3) sumps which have a capacity of less than 110 gallons;
(4) emergency spill protection or emergency overflow containment
tanks, including certain sumps and secondary containment systems, which are
used solely for the temporary storage or containment of regulated substances
resulting from a leak, spill, overfill, or other unplanned release, and where
the regulated substances are routinely removed within 48 hours of the discovery
of the release; provided that such tanks must be inspected for a release no
less than once every month;
(5) UST systems which during their entire operational life
have exclusively contained only regulated substances at such dilute concentrations
that any release would not pose any significant threat to human health and
safety or the environment.
(b) Partial exclusions. The following USTs are subject to all
provisions of this chapter, except for Subchapter C of this chapter (relating
to Technical Standards), Chapter 37, Subchapter I of this title (relating
to Financial Assurance for Petroleum Underground Storage Tank Systems), and
the certification requirements of §334.8 of this title (relating to Certification
for Underground Storage Tanks (USTs) and UST Systems):
(1) any wastewater treatment tank (including oil-water separators),
where such tank is not an integral part of a wastewater treatment facility
which is either:
(A) permitted under the federal Clean Water Act, either §402
or §307(b), (33 United States Code §1151, et seq.); or
(B) permitted pursuant to the Texas Water Code, Chapter 26;
(2) any UST system that contains radioactive substances, where
such system is regulated by the federal Nuclear Regulatory Commission (or
its successor) under the provisions of the Atomic Energy Act of 1954 (42 United
States Code §2011, et seq.);
(3) any UST system that contains fuel used solely to power
an emergency electrical generator system at a nuclear power generation system
facility regulated by the federal Nuclear Regulation Commission (or its successor)
under the provisions of the Title 10 Code of Federal Regulations, Part 50,
Appendix A.
(c) Other exclusion. In addition to the partial exemption for
hydraulic lifts covered under §334.3(b) of this title, all other in-ground
hydraulic lifts that use a compressed air/hydraulic fluid system and which
hold 100 gallons or more of hydraulic oil are similarly excluded from regulation
under this chapter, except that such lifts remain subject to the release reporting
and corrective action requirements under Subchapter D of this chapter (relating
to Release Reporting and Corrective Action).
(d) Upon request by the agency, the owner and operator of a
tank claimed to be excluded under this section must provide appropriate documentation
or other information in a timely manner to support that claim.
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