(a) The State of Texas is approved to administer and enforce an underground storage tank program in lieu of the federal program under Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Texas Natural Resource Conservation Commission, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Texas program on March 7, 1995 and it was effective on April 17, 1995.
(b) Texas has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.
(c) To retain program approval, Texas must revise its approved program to adopt new changes to the federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Texas obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.
(d) Texas has final approval for the following elements submitted to EPA in Texas' program application for final approval and approved by EPA on March 7, 1995. Copies may be obtained from the Underground Storage Tank Program, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, TX 78711-3087.
(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) Texas Statutory Requirements Applicable to the Underground Storage Tank Program, 1995
(B) Texas Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995
(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.
(A) The statutory provisions include:
(1) Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water Administration. Sec. 26.013 Research, InvestigationsSec. 26.014 Power to Enter PropertySec. 26.015 Power to Examine RecordsSec. 26.016 Enforcement ProceedingsSec. 26.017 CooperationSec. 26.019 OrdersSec. 26.020 Hearing Powers Sec. 26.021 Delegation of Hearing PowersSec. 26.022 Notice of Hearings; ContinuanceSec. 26.042 Monitoring and ReportingSec. 26.121 Unauthorized Discharges ProhibitedSec. 26.122 Civil PenaltySec. 26.123 Enforcement by CommissionSec. 26.124 Enforcement by OthersSec. 26.125 Venue and ProcedureSec. 26.126 Disposition of Civil PenaltiesSec. 26.136 Administrative PenaltySec. 26.212 Criminal OffenseSec. 26.213 Criminal PenaltySec. 26.268 PenaltiesSec. 26.353 Commission OrdersSec. 26.354 Emergency OrdersSec. 26.356 Inspections, Monitoring, and Testing
(B) The regulatory provisions include:
(1) 31 Texas Administrative Code, Chapter 334--Underground and Aboveground Storage Tanks.
Subchapter A: General Provisions Sec. 334.11 EnforcementSec. 334.14 Memorandum of Understanding between the Attorney General of Texas and the Texas Natural Resource Conservation Commission
(2) 31 Texas Administrative Code, Chapter 337--Enforcement.
(i) Subchapter A: Enforcement Generally. Sec. 337.1 Enforcement OrdersSec. 337.2 Hearings on ViolationsSec. 337.3 Legal ProceedingsSec. 337.4 Complaint FileSec. 337.5 Confidentiality of Enforcement InformationSec. 337.6 Force Majeure
(ii) Subchapter B: Enforcement Hearings. Sec. 337.31 PurposeSec. 337.32 RemediesSec. 337.33 DefinitionsSec. 337.34 Substantial Noncompliance and Emergency ConditionsSec. 337.35 EmergenciesSec. 337.36 Preliminary Enforcement ReportSec. 337.37 NoticeSec. 337.38 AnswerSec. 337.39 Commission ActionSec. 337.40 Appeals of Administrative Penalties
(iii) Subchapter C: Water Rights Enforcement. Sec. 337.51 Show-Cause Enforcement ProceduresSec. 337.52 NoticeSec. 337.53 Enforcement of Commission OrdersSec. 337.54 Enforcement
(3) 31 Texas Administrative Code, Chapter 265--Procedures Before Public Hearing. Sec. 265.1 Initial PleadingsSec. 265.2 Executive Director Forwards Initial Pleadings to the CommissionSec. 265.3 Acceptance for FilingSec. 265.4 Affidavit of PublicationSec. 265.5 Effect of Failure to Furnish AffidavitSec. 265.6 Conference Before HearingSec. 265.7 Recordation of Conference ActionSec. 265.8 Prefiled Testimony and ExhibitsSec. 265.9 Written ProtestSec. 265.10 DiscoverySec. 265.11 Forms of DiscoverySec. 265.12 Scope of DiscoverySec. 265.13 ExceptionsSec. 265.14 Protective OrdersSec. 265.15 Duty to SupplementSec. 265.16 Discovery of Documents and ThingsSec. 265.17 Interrogatories to PartiesSec. 265.18 Admission of Facts and Genuineness of DocumentSec. 265.19 Requests for Requests for InformationSec. 265.20 Sanctions for Failure to Comply with Discovery Ruling
(4) 31 Texas Administrative Code, Chapter 267--Procedures During Public Hearing. Sec. 267.1 Designation of PartiesSec. 267.2 Statutory PartiesSec. 267.3 Rights of Parties at the HearingSec. 267.4 Persons Not PartiesSec. 267.5 Effect of PostponementSec. 267.6 Furnishing Copies of PleadingsSec. 267.7 Conference During HearingSec. 267.8 Recordation of Hearing Conference ActionSec. 267.9 Agreements to be in WritingSec. 267.10 Rulings in Commission Evidentiary HearingsSec. 267.11 Order of PresentationSec. 267.12 Alignment of ParticipantsSec. 267.13 General Admissibility of EvidenceSec. 267.14 ObjectionsSec. 267.15 Interlocutory AppealsSec. 267.16 Cross-Examination of WitnessesSec. 267.17 StipulationSec. 267.18 ExhibitsSec. 267.19 Copies of ExhibitsSec. 267.20 Abstracts of DocumentsSec. 267.21 Excluding ExhibitsSec. 267.22 Official NoticeSec. 267.23 Parties to be Informed of Material Officially NoticedSec. 267.24 ContinuanceSec. 267.25 Oral ArgumentSec. 267.26 Submittal of Findings of Fact and Conclusions of Law
(5) 31 Texas Administrative Code, Chapter 273--Procedures After Final Decision. Sec. 273.1 Motion for RehearingSec. 273.2 Reply to Motion for RehearingSec. 273.3 Granting of Motion for RehearingSec. 273.4 Modification of Time LimitsSec. 273.5 Decision Final and AppealableSec. 273.6 AppealSec. 273.7 The RecordSec. 273.8 Costs of Record on Appeal
(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.
(A) Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water Administration.
(1) Subchapter I: Underground and Aboveground Storage Tanks. Sec. 26.341 Purpose (Insofar as it applies to aboveground storage tanks.)Sec. 26.342 Definitions (Insofar as (10) and (12) apply to aboveground storage tanks.)Sec. 26.344 Exemptions (Insofar as (a), (d), and (f) apply to aboveground storage tanks.)Sec. 26.3441 Aboveground Storage Tanks (Insofar as it applies to aboveground storage tanks.)Sec. 26.345 Administrative Provisions (Insofar as (a) and (e) apply to aboveground storage tanks.)Sec. 26.346 Registration Requirements (Insofar as (a) applies to aboveground storage tanks.)Sec. 26.349 Reporting of Releases and Corrective Action (Insofar as (a) applies to aboveground storage tanks.)Sec. 26.351 Corrective Action (Insofar as it applies to aboveground storage tanks.)Sec. 26.3511 Corrective Action by the Commission (Insofar as it applies to aboveground storage tanks.)Sec. 26.3514 Limits on Liability of Lender (Insofar as it applies to aboveground storage tanks.)Sec. 26.3515 Limits on Liability of Corporate Fiduciary (Insofar as it applies to aboveground storage tanks.)Sec. 26.355 Recovery of Costs (Insofar as it applies to aboveground storage tanks.)Sec. 26.358 Storage Tank Fund; Fees (Insofar as it applies to aboveground storage tanks.)
(B) 31 Texas Administrative Code, Chapter 334--Underground and Aboveground Storage Tanks.
(1) Subchapter A: General Provisions.
(i) Insofar as Sec. 334.1(a)(1), (c), and (d)(2) apply to aboveground storage tanks.
(ii) Insofar as Sec. 334.3(b) applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.
(iii) Insofar as Sec. 334.4 does not exclude airport hydrant fuel distribution systems and UST systems with field-constructed tanks; excludes only sumps less than 110 gallons, as opposed to all tanks; and does not provide a release detection deferral for UST systems that store fuel solely for use by emergency power generators.
(iv) Insofar as Sec. 334.4 subjects wastewater treatment tank systems that are deferred in the federal rules to the registration, general operating requirements, and corrective action requirements.
(v) Insofar as Sec. 334.4 requires USTs that store radioactive substances or are part of a nuclear power plant to comply with registration and general operating requirements.
(vi) Insofar as Sec. 334.4 applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.
(2) Subchapter F: Aboveground Storage Tanks (Insofar as it applies to aboveground storage tanks) Sec. 334.121 Purpose and ApplicabilitySec. 334.122 DefinitionsSec. 334.123 Statutory ExemptionsSec. 334.124 Commission ExclusionsSec. 334.125 General Prohibitions and RequirementsSec. 334.126 Installation NotificationSec. 334.127 RegistrationSec. 334.128 Annual Facility FeesSec. 334.129 Release Reporting and Corrective ActionSec. 334.130 Reporting and RecordkeepingSec. 334.131 EnforcementSec. 334.132 Other General Provisions
(3) Subchapter I: Underground Storage Tank Contractor Certification and Installer Licensing (Insofar as it applies to individuals other than UST owners and operators) Sec. 334.401 Certificate of Registration for UST ContractorSec. 334.402 Application for Certificate of RegistrationSec. 334.403 Issuance of Certificate of RegistrationSec. 334.404 Renewal of Certificate of RegistrationSec. 334.405 Denial of Certificate of RegistrationSec. 334.406 Fee Assessments for Certificate of Registration Sec. 334.407 Other RequirementsSec. 334.408 Exception to Registration RequirementsSec. 334.409 Revocation, Suspension or Reinstatement of Certification of Registration and LicenseSec. 334.410 Notice of HearingsSec. 334.411 Type of HearingSec. 334.412 Subchapter I DefinitionsSec. 334.413 License for Installers and On-Site SupervisorsSec. 334.414 License for Installers and On-Site SupervisorsSec. 334.415 License A and License BSec. 334.416 Requirements for Issuance of License A and License BSec. 334.417 Application for License A and License BSec. 334.418 Notification of ExaminationSec. 334.419 License A and License B ExaminationSec. 334.420 Issuance of License A or License BSec. 334.421 Renewal of LicenseSec. 334.422 Denial of License A or License BSec. 334.423 Fees Assessments for License A and License BSec. 334.424 Other Requirements for a License A and License BSec. 334.425 Exceptions to License A and License B RequirementsSec. 334.426 Revocation, Suspension, or Reinstatement of a License A and License BSec. 334.427 Notice of HearingsSec. 334.428 Type of Hearing
(4) Subchapter J: Registration of Corrective Action Specialists and Project Managers for Product Storage Tank Remediation Projects (Insofar as it applies to individuals other than UST owners and operators) Sec. 334.451 Applicability of Subchapter JSec. 334.452 Exemptions from Subchapter JSec. 334.453 General Requirements and ProhibitionsSec. 334.454 Exception for Emergency Abatement ActionsSec. 334.455 Notice to Owner or OperatorSec. 334.456 Application for Certificate of Registration for Corrective Action SpecialistSec. 334.457 Application for Certificate of Registration for Corrective Action Project ManagerSec. 334.458 Review and Issuance of Certificates of RegistrationSec. 334.459 Continuing Education Requirements for Corrective Action Project ManagersSec. 334.460 Renewal of Certificate of Registration for Corrective Action Specialist and Corrective Action Project ManagerSec. 334.461 Denial of Certificate of RegistrationSec. 334.462 Other RequirementsSec. 334.463 Grounds for Revocation or Suspension of Certificate of RegistrationSec. 334.465 Procedures for Revocation or Suspension of Certificate of RegistrationSec. 334.466 Reinstatement of a Certificate of Registration
(2) Statement of legal authority. (i) ``Attorney General's Statement for Final Approval'', signed by the Attorney General of Texas on January 11, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(i) ``Attorney General's Statement for Final Approval'', signed by the Attorney General of Texas on January 11, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Texas to EPA, January 11, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The ``Demonstration of Procedures for Adequate Enforcement'' submitted as part of the original application on April 28, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(4) Program description. The program description and any other material submitted as part of the original application on April 28, 1994, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the Texas Natural Resource Conservation Commission, signed by the EPA Regional Administrator on January 13, 1995, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. [61 FR 1224, Jan. 18, 1996]