| (a) General requirements.
(1) Beginning September 1, 1987, any person who intends either
to install a new or replacement underground storage tank (UST), to remove
an UST from the ground, or to conduct a permanent abandonment in-place of
an UST must comply with the notification requirements of this section prior
to initiating such activity.
(2) On or after September 29, 1989, any person who intends
to perform any construction activity listed in subsection (b)(1) of this section
must comply with the notification requirements of this section prior to initiating
such activity.
(3) In addition to the construction notification requirements
of this section, the owner or operator of an existing or proposed UST system
that is located or will be located in the designated recharge zone or transition
zone of the Edwards Aquifer must also secure the requisite approval from the
agency prior to conducting certain regulated UST activities, as prescribed
under Chapter 213 of this title (relating to Edwards Aquifer).
(4) Any UST construction activity performed or completed pursuant
to a notification submitted under the provisions of this section must meet
the applicable technical standards and procedural requirements under Subchapter
C of this chapter (relating to Technical Standards).
(5) In situations where a proposed UST construction activity
is necessitated by a suspected or confirmed release of regulated substances,
or where the activity contributes to or causes such a release, the owner or
operator must comply with the release reporting, investigation, and corrective
action requirements of Subchapter D of this chapter (relating to Release Reporting
and Corrective Action).
(6) Construction notifications required under this section
may be provided to the agency's central office in Austin or to the agency's
appropriate regional office in the area of the activity, unless otherwise
specified in this section. The official date of notification must be the date
on which the notification is first received in an agency office.
(7) Construction notification required under this section must
be provided by the owner or operator, or an authorized agent or representative
of the owner or operator (e.g., a contractor or consultant who has contracted
for such construction activity). Construction notifications filed by unauthorized
persons are null and void.
(b) Notification for major construction activities.
(1) Applicable activities.
(A) For the purposes of this section, a major UST construction
activity includes any of the following:
(i) installation of new or previously used tank systems at
a new facility, and the addition or replacement of tanks at an existing facility;
(ii) removal of existing tank systems from the ground (either
temporarily or permanently);
(iii) permanent abandonment in-place or change-in-service of
existing tank systems;
(iv) tank repairs, including interior and exterior relining
or recoating;
(v) installation of new or replacement piping for existing
tanks;
(vi) addition of secondary containment equipment for new or
existing tank or piping systems;
(vii) any tank integrity assessment or other activities requiring
the entrance of any persons into a tank; and
(viii) addition or replacement of any of the following items
at existing facilities, when such addition or replacement is necessary for
compliance with the minimum upgrading requirements in §334.47(b) of this
title (relating to Technical Standards for Existing UST Systems):
(I) cathodic protection systems;
(II) release detection systems;
(III) spill and overfill prevention equipment; or
(IV) monitoring well.
(B) The requirements of this section are not applicable to
routine and minor maintenance activities related to the tank and piping systems,
such as tightening loose fittings and joints, adjusting and calibrating equipment,
conducting routine inspections and tests, and the substitution or in-kind
replacement of any obsolete or malfunctioning UST system component for any
purpose other than required upgrading.
(C) When an UST system has been taken temporarily out-of-service
under §334.54 of this title (relating to Temporary Removal from Service),
the owner or operator must first submit a construction notification form before
returning the UST system to service.
(2) Filing requirements. Except as provided under subsection
(c) of this section, any owner or operator who intends to perform a major
UST construction activity as described in paragraph (1) of this subsection
must file a written notification with the agency at least 30 days prior to
initiating the activity.
(A) Such notification should be submitted on the agency's authorized
form, as described in paragraph (6) of this subsection.
(B) When requested by the agency, any person who intends to
perform a major UST construction activity must also submit additional supporting
information to assure that the construction activity is in compliance with
the requirements of this chapter. Supporting information which may be requested
by the agency includes, but is not limited to, the following items:
(i) detailed design plans and specifications (drawn to scale);
(ii) installation standards and operating instructions for
major system components;
(iii) quality assurance plans;
(iv) compatibility data related to the stored substances and
the materials of construction;
(v) specific geological, hydrological, and environmental site
information;
(vi) qualifications and experience records of consultants,
equipment installers, and contractors;
(vii) formal plan or procedures for tank removals, changes-in-service,
and abandonments in-place;
(viii) disposal procedures for removed tanks;
(ix) general contingency plan for release abatement and the
clean-up and disposal of any residual regulated substances, contaminated soils,
or contaminated water (including wash water, groundwater, or surface water);
and
(x) basis and description for any proposed change-in-service.
(C) Between 24 and 72 hours prior to the scheduled time of
initiation of the proposed activity, the owner or operator must contact the
agency's appropriate regional office in the area of the activity to confirm
the time of the initiation of the proposed activity. Any revisions to the
proposed construction start date must be in accordance with paragraph (3)
of this subsection.
(3) Rescheduling. If after the submittal of the initial construction
notification, the owner or operator determines that a revision to the previously
reported scope or start date for the construction is necessary, the owner
or operator must immediately report the revised construction information to
the commission's appropriate regional office in the area of the activity.
(A) If an earlier start date is proposed, and if this date
is less than 30 days from the original notification date, then the owner or
operator must comply with the requirements of paragraph (4) of this subsection.
(B) An owner or operator may revise the proposed construction
start to a later date as necessary, provided that the agency's appropriate
regional office is notified, and provided that original written notifications
are properly renewed upon expiration in accordance with paragraph (5) of this
subsection.
(4) Waiver requests. Normally a notification period of at least
30 days is required prior to the initiation of any major UST construction
activity. However, if after the submittal of the construction notification,
the owner or operator has good cause for an accelerated construction schedule,
then the owner or operator may request approval of an earlier construction
start date. Such request must be made directly to the agency's appropriate
regional office in the area of the activity. The regional director (or the
director's designated representative) has the authority to approve or deny
such requests, and such decision will be based on the following criteria:
(A) good cause shown by the owner or operator for an earlier
construction start date; and
(B) the ability of agency personnel to arrange and schedule
an adequate inspection of the activity.
(5) Expiration. A written construction notification for a major
UST construction activity is valid for only 180 days after the original notification
date or 150 days after the originally anticipated construction start date,
whichever is earlier. If the proposed construction has not commenced within
this period, the original notification will expire. If the owner or operator
still plans to perform the construction after the expiration of this period,
a new and updated construction notification form must be filed.
(6) Notification form.
(A) Any person who intends to perform a major UST construction
activity (as described in paragraph (1) of this subsection) must provide all
the applicable construction notification information indicated on the agency's
authorized construction notification form.
(B) The construction notification form must be filled out completely
and accurately. Upon completion, the form must be dated and signed by the
owner, the operator, or the authorized representative of the owner or operator,
and must be timely filed in accordance with subsection (a)(5) of this section.
(c) Alternative notification procedures.
(1) Only for UST construction activities involving situations
described under paragraph (2) of this subsection, the owner or operator may
comply with the following alternative notification and reporting procedures
in lieu of the normal notification requirements of subsection (b) of this
section.
(A) The owner or operator must provide verbal or written notification
to the agency as soon as possible prior to initiating the construction activity.
Such notification must be submitted directly to the agency's appropriate regional
office in the area of the activity.
(B) After providing the construction notification prescribed
under subparagraph (A) of this paragraph, the owner or operator may proceed
with the construction activity, as directed by the regional director (or
the regional director's designated representative). The owner or operator
must maintain detailed records of the construction. No later than 30 days
after completion of the construction, the owner or operator must submit to
the agency a detailed report describing the activity. If the agency determines
that the information in such report is insufficient to assure compliance with
the applicable requirements of this chapter, then the owner or operator may
be required to submit additional information to demonstrate such compliance.
(2) The alternative notification procedures of paragraph (1)
of this subsection may be used only when the following situations occur:
(A) when an owner or operator of an UST can demonstrate that
a release or suspected release of a regulated substance has occurred or is
likely to occur as a result of the operation of the UST, when such release
is considered an immediate threat to human health or safety or the environment,
and when the owner or operator can demonstrate that the expeditious initiation
and completion of the proposed construction activity is necessary to prevent
or abate such release;
(B) when an out-of-operation UST system is discovered during
unrelated construction activities (e.g., the construction of building excavations,
streets, highways, utilities, etc.), when the property owner can reasonably
demonstrate no prior knowledge of the existence of the tank, when the expeditious
removal or abandonment in-place of the tank is considered necessary or advisable
for the completion of the unrelated construction activity, and where any delays
in completion of the tank removal or abandonment in-place would cause unreasonable
financial hardship due to contract schedules and completion times;
(C) when any duly authorized public official (e.g., any federal,
state, or local fire or safety officer, health or environmental official,
law officer, etc.) orders the immediate removal or repair of all or portions
of an UST system which poses an immediate threat to human health, safety,
or the environment;
(D) when the activity is necessary to maintain the operational
readiness of an emergency generator, as defined by §334.2 of this title
(relating to Definitions);
(E) in any other case where the agency determines that compliance
with the notification provisions of subsection (b) of this section would be
unreasonable or impractical, or could increase the threat to human health
or safety or the environment.
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