Texas Register

TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 334UNDERGROUND AND ABOVEGROUND STORAGE TANKS
SUBCHAPTER AGENERAL PROVISIONS
RULE §334.19Fee on Delivery of Petroleum Product
ISSUE 04/13/2012
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)A fee is imposed on the delivery of a petroleum product on withdrawal from bulk of that product as provided by this subsection and pursuant to Texas Water Code, §26.3573. "Withdrawal from bulk means" the removal of a petroleum product from a bulk facility storage tank for delivery directly into a cargo tank or a barge to be transported to another location other than another bulk facility for distribution or sale in this state. Each operator of a bulk facility on withdrawal from bulk of a petroleum product shall collect from the person who orders the withdrawal a fee in an amount determined as follows, subject to future adjustments made under subsection (b) of this section:

  (1)$2.75 for each delivery made after June 30, 2012 into a cargo tank having a capacity of less than 2,500 gallons.

  (2)$5.50 for each delivery made after June 30, 2012 into a cargo tank having a capacity of 2,500 gallons or more but less than 5,000 gallons.

  (3)$8.65 for each delivery made after June 30, 2012 into a cargo tank having a capacity of 5,000 gallons or more but less than 8,000 gallons.

  (4)$11 for each delivery made after June 30, 2012 into a cargo tank having a capacity of 8,000 gallons or more but less than 10,000 gallons; and

  (5)$5.50 for each increment of 5,000 gallons or any part thereof delivered after June 30, 2012 into a cargo tank having a capacity of 10,000 gallons or more.

(b)TCEQ may adjust the fee rates in subsection (a) of this section through an appropriate notification process, such as but not limited to Texas Register publication with public comment, based on the agency's cost of administering this chapter, but not to exceed the maximum rates set by Texas Water Code, §26.3574. The projected rates will account for the biennial appropriations to the agency from the Petroleum Storage Tank Remediation Account Number 655, as well as fund obligations for Account Number 655, with projected revenue from the fee based on such factors as estimated fuel sales, population growth, consumer price index, and gas production.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 30, 2012

TRD-201201661

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Effective date: April 19, 2012

Proposal publication date: November 18, 2011

For further information, please call: (512) 239-0779



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