[Code of Federal Regulations] [Title 40, Volume 24] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR282.93] [Page 561-565] TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents Subpart B--Approved State Programs Sec. 282.93 Texas State-Administered Program. (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 [[Page 562]] 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. (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, Investigations Sec. 26.014 Power to Enter Property Sec. 26.015 Power to Examine Records Sec. 26.016 Enforcement Proceedings Sec. 26.017 Cooperation Sec. 26.019 Orders Sec. 26.020 Hearing Powers Sec. 26.021 Delegation of Hearing Powers Sec. 26.022 Notice of Hearings; Continuance Sec. 26.042 Monitoring and Reporting Sec. 26.121 Unauthorized Discharges Prohibited Sec. 26.122 Civil Penalty Sec. 26.123 Enforcement by Commission Sec. 26.124 Enforcement by Others Sec. 26.125 Venue and Procedure Sec. 26.126 Disposition of Civil Penalties Sec. 26.136 Administrative Penalty Sec. 26.212 Criminal Offense Sec. 26.213 Criminal Penalty Sec. 26.268 Penalties Sec. 26.353 Commission Orders Sec. 26.354 Emergency Orders Sec. 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 Enforcement Sec. 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 Orders Sec. 337.2 Hearings on Violations Sec. 337.3 Legal Proceedings Sec. 337.4 Complaint File Sec. 337.5 Confidentiality of Enforcement Information Sec. 337.6 Force Majeure (ii) Subchapter B: Enforcement Hearings. Sec. 337.31 Purpose Sec. 337.32 Remedies Sec. 337.33 Definitions Sec. 337.34 Substantial Noncompliance and Emergency Conditions Sec. 337.35 Emergencies Sec. 337.36 Preliminary Enforcement Report Sec. 337.37 Notice Sec. 337.38 Answer Sec. 337.39 Commission Action Sec. 337.40 Appeals of Administrative Penalties (iii) Subchapter C: Water Rights Enforcement. Sec. 337.51 Show-Cause Enforcement Procedures Sec. 337.52 Notice Sec. 337.53 Enforcement of Commission Orders Sec. 337.54 Enforcement (3) 31 Texas Administrative Code, Chapter 265--Procedures Before Public Hearing. Sec. 265.1 Initial Pleadings Sec. 265.2 Executive Director Forwards Initial Pleadings to the Commission Sec. 265.3 Acceptance for Filing Sec. 265.4 Affidavit of Publication Sec. 265.5 Effect of Failure to Furnish Affidavit Sec. 265.6 Conference Before Hearing Sec. 265.7 Recordation of Conference Action Sec. 265.8 Prefiled Testimony and Exhibits Sec. 265.9 Written Protest Sec. 265.10 Discovery [[Page 563]] Sec. 265.11 Forms of Discovery Sec. 265.12 Scope of Discovery Sec. 265.13 Exceptions Sec. 265.14 Protective Orders Sec. 265.15 Duty to Supplement Sec. 265.16 Discovery of Documents and Things Sec. 265.17 Interrogatories to Parties Sec. 265.18 Admission of Facts and Genuineness of Document Sec. 265.19 Requests for Requests for Information Sec. 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 Parties Sec. 267.2 Statutory Parties Sec. 267.3 Rights of Parties at the Hearing Sec. 267.4 Persons Not Parties Sec. 267.5 Effect of Postponement Sec. 267.6 Furnishing Copies of Pleadings Sec. 267.7 Conference During Hearing Sec. 267.8 Recordation of Hearing Conference Action Sec. 267.9 Agreements to be in Writing Sec. 267.10 Rulings in Commission Evidentiary Hearings Sec. 267.11 Order of Presentation Sec. 267.12 Alignment of Participants Sec. 267.13 General Admissibility of Evidence Sec. 267.14 Objections Sec. 267.15 Interlocutory Appeals Sec. 267.16 Cross-Examination of Witnesses Sec. 267.17 Stipulation Sec. 267.18 Exhibits Sec. 267.19 Copies of Exhibits Sec. 267.20 Abstracts of Documents Sec. 267.21 Excluding Exhibits Sec. 267.22 Official Notice Sec. 267.23 Parties to be Informed of Material Officially Noticed Sec. 267.24 Continuance Sec. 267.25 Oral Argument Sec. 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 Rehearing Sec. 273.2 Reply to Motion for Rehearing Sec. 273.3 Granting of Motion for Rehearing Sec. 273.4 Modification of Time Limits Sec. 273.5 Decision Final and Appealable Sec. 273.6 Appeal Sec. 273.7 The Record Sec. 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 [[Page 564]] 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 Applicability Sec. 334.122 Definitions Sec. 334.123 Statutory Exemptions Sec. 334.124 Commission Exclusions Sec. 334.125 General Prohibitions and Requirements Sec. 334.126 Installation Notification Sec. 334.127 Registration Sec. 334.128 Annual Facility Fees Sec. 334.129 Release Reporting and Corrective Action Sec. 334.130 Reporting and Recordkeeping Sec. 334.131 Enforcement Sec. 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 Contractor Sec. 334.402 Application for Certificate of Registration Sec. 334.403 Issuance of Certificate of Registration Sec. 334.404 Renewal of Certificate of Registration Sec. 334.405 Denial of Certificate of Registration Sec. 334.406 Fee Assessments for Certificate of Registration Sec. 334.407 Other Requirements Sec. 334.408 Exception to Registration Requirements Sec. 334.409 Revocation, Suspension or Reinstatement of Certification of Registration and License Sec. 334.410 Notice of Hearings Sec. 334.411 Type of Hearing Sec. 334.412 Subchapter I Definitions Sec. 334.413 License for Installers and On-Site Supervisors Sec. 334.414 License for Installers and On-Site Supervisors Sec. 334.415 License A and License B Sec. 334.416 Requirements for Issuance of License A and License B Sec. 334.417 Application for License A and License B Sec. 334.418 Notification of Examination Sec. 334.419 License A and License B Examination Sec. 334.420 Issuance of License A or License B Sec. 334.421 Renewal of License Sec. 334.422 Denial of License A or License B Sec. 334.423 Fees Assessments for License A and License B Sec. 334.424 Other Requirements for a License A and License B Sec. 334.425 Exceptions to License A and License B Requirements Sec. 334.426 Revocation, Suspension, or Reinstatement of a License A and License B Sec. 334.427 Notice of Hearings Sec. 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 J Sec. 334.452 Exemptions from Subchapter J Sec. 334.453 General Requirements and Prohibitions Sec. 334.454 Exception for Emergency Abatement Actions Sec. 334.455 Notice to Owner or Operator Sec. 334.456 Application for Certificate of Registration for Corrective Action Specialist Sec. 334.457 Application for Certificate of Registration for Corrective Action Project Manager Sec. 334.458 Review and Issuance of Certificates of Registration Sec. 334.459 Continuing Education Requirements for Corrective Action Project Managers Sec. 334.460 Renewal of Certificate of Registration for Corrective Action Specialist and Corrective Action Project Manager Sec. 334.461 Denial of Certificate of Registration Sec. 334.462 Other Requirements Sec. 334.463 Grounds for Revocation or Suspension of Certificate of Registration Sec. 334.465 Procedures for Revocation or Suspension of Certificate of Registration Sec. 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. [[Page 565]] (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]