State Requirements and TCEQ, Leaking Petroleum Storage Tank Database, LPST, HB 3554, HB 1956, Regulation Remediation

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State Requirements

Petroleum Solutions is dedicated to inform and update our clients about state regulations and requirements. Here are some areas of interest:

If you have any further questions about State Requirements on underground or aboveground storage tanks, feel free to contact Bill Morris at our McAllen office at 956-686-9582.

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New TCEQ Regulations

Secondary containment rules effective October 30, 2008 from the TCEQ Rules

§334.42. General Standards.

(h) Any new tank or line or dispenser installed as part of a UST system on or after January 1, 2009, shall incorporate secondary containment meeting the applicable requirements of §334.45(d) of this title (relating to Technical Standards for New Underground Storage Tank Systems).

(i) Any sumps (including dispenser sumps) or manways installed prior to January 1, 2009, which are utilized as an integral part of a UST release detection system, and any overspill containers or catchment basins installed at any time, which are associated with a UST system must be inspected at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight. Any liquids or debris found in them during an inspection must be removed and properly disposed of within 72 hours of discovery.

Adopted October 8, 2008 Effective October 30, 2008

Note: Secondary containment for UST systems includes jacketed tanks and flexible piping as well as double-wall tanks & piping meeting the requirements for secondary containment of tanks and piping.

Note: Section §334.45 of the TCEQ rules was amended with an effective date of October 30, 2008 by adding a new subsection pertaining to secondary containment (§334.45(d)(1)(E)(i-vii) which is listed below.

§334.45. Technical Standards for New Underground Storage Tank Systems.

(d) Secondary containment for UST systems.

(1) Applicability.

(E) Requirements applicable to new tanks, lines and/or dispensers (including related sumps or manways) installed on or after January 1, 2009:

(i) Any new tank or line installed as part of a UST system must incorporate secondary containment in accordance with the applicable requirements of this subchapter, except that external liners will not be allowed as a secondary containment method.

(ii) Up to 20% of the total original length of an existing single wall line can be replaced with new single wall line in accordance with the applicable requirements of this subchapter without triggering the secondary containment requirement for that line, unless the new line segment connects the existing line to a new dispenser. If more than 20% of the total original length of an existing single wall line is to be replaced, or the new line segment connects the existing line to a new dispenser, that line must be replaced in its entirety with one which incorporates secondary containment.

(iii) The interstice of the secondarily contained tank and/or line must be monitored in accordance with the requirements of §334.50(d) (7) of this title.

(iv) Any sumps or manways included in a new secondarily contained UST system which are utilized as an integral part of a UST release detection system must be compatible with the stored substance(s), must be installed and maintained in a manner that assures that their sides, bottoms, and any penetration points are liquid tight, and must be inspected for tightness annually and tested for tightness immediately after installation and at least once every three years thereafter.

(v) Under-dispenser containment in the form of a dispenser sump is required for any new dispenser. A new dispenser is defined as:

(I) Any dispenser which is installed where none previously existed; or

(II) Any existing dispenser which is removed and replaced with another dispenser and transitional piping components beneath the replacement dispenser (e.g., flexible connectors or piping risers) which serve to connect the dispenser to the underground piping are replaced. Each new dispenser must employ a dispenser sump which is compatible with the stored substance, is installed and maintained in a manner that assures that its sides, bottoms, and any penetration points are liquid tight, and must be inspected for tightness annually and tested for tightness, immediately after installation and at least once every three years thereafter.

(vi) All sumps (including dispenser sumps) and/or manways must be equipped with a liquid sensing probe/s which will alert the UST system owner or operator if more than two inches of liquid collects in any sump or manway.

(vii) Liquids in sumps or manways must be removed and properly disposed of within 72 hours of alert or discovery.

(viii) Inspections and testing:

(I) Inspections must be performed by a qualified person who is competent to conduct the inspection in accordance with recognized industry practices and in accordance with industry standards, if applicable.

(II) Testing of tanks and/or lines shall be performed in accordance with the applicable requirements of this chapter. Testing of sumps or manways (including dispenser sumps) must be performed by a qualified person who is competent to conduct the inspection in accordance with recognized industry practices and in accordance with industry standards, if applicable.

Adopted October 8, 2008 Effective October 30, 2008

If you have any further questions about State Requirements on underground or aboveground storage tanks, feel free to contact Bill Morris at our McAllen office at 956-686-9582.

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The Compliance Corner Article Archive

New TCEQ Regulations - Dec. 2008

There are new TCEQ Regulations that became effective as of October 30, 2008. This includes secondary containment, dispenser sumps, monitoring of sumps installed after January 1, 2009, and requirements for existing UST systems installed prior to January 1, 2009. Read More

Tips for Using SIR - Aug. 2008

A customer who has a pressurized or suction system may be using SIR (and is a 3rd party certified method) as their monthly release detection for their tanks, which also includes the lines as well. With a pressurized system, the mechanical line leak detector will still need to have a annual performance test done. Read More

But I have Sumps… - July 2008

A lot of the newer fueling stations at convenience stores have been installed with sumps at the submerged turbine pump (STP) and at the dispensers. The purpose of the sumps is to keep fuel that may leak around the fittings from getting into the ground causing contamination and they also protect the equipment from corrosion. Read More

Are You in Compliance with TCEQ? - April 2008

The Texas Commission on Environmental Quality (TCEQ) is doing more underground storage tank inspections and issuing fines for violations. Read More

Have You Seen a Ghost? - March 2008

Every once in a while, someone will buy a piece of property and while clearing off a section of land, and doing some excavating, they may come across what appears to be old gasoline tanks. Read More

Look Out for Trends - Feb. 2008

We have had several cases where the owner or operator is checking the ATG everyday and keep getting pass results, but not looking closely at their inventory control forms to check if there are any “trends” such as seeing a loss or gain everyday. The first few days may show a “trend” that by the end of the month would exceed the allowable limit. Read More

High Price of Fuel and Programmed Tank Testing - Dec. 2007

What does the high price of fuel have to do with “Standard” tank testing when an ATG is used? I have noticed that many locations are starting to keep low inventory in the tanks based on the ATG printouts, (especially for super unleaded) because the high price of fuel fluctuates a lot form week to week. Read More

What’s coming up for USTs and TCEQ - Nov. 2007

On August 8, 2005, President Bush signed the Energy Policy Act of 2005. The UST provisions of the Energy Policy Act focus on preventing releases such as… Inspections – From 08/08/07– 08/08/10, ALL registered UST facilities will be inspected by TCEQ. Read More

UST Systems and TCEQ Rules Made Simple - Aug. 2007

Over the years I have worked for the TCEQ and PSI, the one thing I noticed was a lot of tank owners and operators really didn’t understand what they had, how it operated and what the basic regulations were. So, I decided to put together an informational CD. Read More

What’s The Big Deal Anyway - May 2007

TCEQ inspectors are out there checking a lot more facilities. If they are registered tanks, they will be inspected. What has been coming up lately is a lot of closed businesses with gas tanks that the owner just locked the doors and walked away from. Read More

2 Things You Should Know - April 2007

1. From the Newsletter of the Steel Tank Institute, Division of STI/SPFA dated February 2007.

2. From the TPCA Facts #534 dated March 5, 2007. Read More

Keeping Track of Testing - March 2007

I keep track of annual line & line leak detector testing, tank testing, individual line test or leak detector test on a database from all of our offices that do testing. For those locations that an annual line & line leak detector test is due here are some examples. Read More

Just a Bunch of Numbers - Feb. 2007

Just about every time I do a Compliance Survey at a location to check if the facility is within state & federal guidelines, the most common thing I find is inventory control is not being done correctly. Common mistakes are. Read More

Secondary Containment - Jan. 2007

“Section 1530 of the Energy Policy Act of 2005 requires states receiving federal funds under Subtitle I of the Solid Waste Disposal Act to require either secondary containment or under-dispenser containment for new and replaced underground storage tank or evidence of financial responsibility and installer certification.” Read More

What Do I Have? - Dec. 2006

We have noticed that a lot of folks that buy a convenience store with a fueling system really don’t know what they have or what is registered with the TCEQ even though the owner provided the last copy of the TCEQ Underground Storage Tank and Self-Certification Form. Sometimes they just go by what the previous owner says. Read More

What’s a Few Numbers - Nov. 2006

In recent months I have done quite a few Compliance Surveys and since I started working for PSI in October 1999, I have done 225 Compliance Surveys. During this time and even recently, one thing that seems to get forgotten more often than not is INVENTORY CONTROL, which involves keeping track of “a few numbers”. Read More

What’s New - Oct. 2006

TCEQ Inspections, New labels for diesel fuel and TCEQ Field Citation. Read More

Fuel for Thought - Sept. 2006

With the high price of fuel these days close to $3.00 a gallon there are a lot of things we can do on our own to reduce our consumption of fuel and energy, just on a day to day basis. Here are a few Thoughts… Read More

If it’s too good to be true...It Probably Is! - Aug. 2006

We have recently seen a lot more convenience stores with a UST system being sold. Some of these locations have been closed for several years and a few are currently in operation. Sometimes, the seller will reduce the price substantially for a quick sale. If the location is good and the store looks very nice, then the buyer probably got a deal too good to be true. Read More

What’s New at TCEQ - July 2006

May 13, 2006 - The TCEQ initiated a new program to expedite the enforcement process for inspection of UST systems called “The Field Citation”. This is issued at the time of the TCEQ inspection at your facility. The purpose of this is two fold. Read More

Tips for Using SIR - June 2006

If the customer has a pressurized or suction system and is using SIR (and a 3rd party certified method) for monthly release detection for the tanks, this also includes the lines as well. With a pressurized system, the line leak detector will still need to have an annual performance test done. Read More

What’s New at TCEQ - May 2006

March 13, 2006 - The TCEQ has initiated the new “Field Citation Program” in four agency programs. The majority being in the PST program. Read More

What Are The Chances? - April 2006

Did you know the “Energy Bill” includes provisions for Underground Storage Tank (UST) facilities under Title XV, Sub chapter B, that you should be aware of? Read More

Are You Rusting Away? - March 2006

A common myth was if a tank owner had steel tanks they had to be pulled out of the ground by the end of 1998. Actually, what the TCEQ rules require is that if you have steel tanks after Dec. 22, 1998, they must have corrosion protection including any other steel components of the UST system that are in contact with the soil. Read More

The Magic Rope - Feb. 2006

They say you can’t teach an old dog new tricks, but that’s not true! For years I have been lifting the manhole covers over the submersible pumps (with my back) using the handle provided. Here is an easier way. Read More

Getting Inspected? - Jan. 2006

The TCEQ will generally give you 7-10 days notice that they are coming to inspect your facility and what documents they will want to review. Here are a few tips to help prepare you. Read More

Line & Line Leak Detectors - Dec. 2005

For pressurized systems: if the tank owner has a pressurized system for fueling, the TCEQ requires a detector, whether it is mechanical or electric. This article will deal with lines that have mechanical line leak detectors and testing requirements. Read More

Tank testing - Nov. 2005

This article talks about when a tank test required, and what reasons would require a precision tank tightness test. Read More

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Frequently Asked Questions

■ How do I know if I am in compliance with TCEQ?
This link provides a useful checklist that covers a lot of things that the TCEQ looks for when a facility is inspected: CLICK HERE

This is the actual checklist that the local TCEQ Field Office uses for inspections: CLICK HERE

This is the latest checklist since August 2010: PST Energy Act Focused Investigation checklist: CLICK HERE

■ How do I know if I am in compliance with Stage I EPA Requirements?
This link provides a useful brochure that covers the EPA Summary of Regulations for Gas Stations: CLICK HERE

■ Are Fiberglass Tanks compatible with ethanol based fuel?
This link provides useful information provided by Owens-Corning about fiberglass tanks and ethanol based fuels. CLICK HERE

■ What is a Deflection Plate "Striker Plate", and does my tank need one?
This link provides useful information provided by Containment Solutions about deflection plates. CLICK HERE

■ Where do I find information on underground storage tank (UST) and aboveground storage tank (AST) registration requirements?
This link provides information on UST & AST registration requirements as well as the form that would need to be filled out: CLICK HERE

■ Where can I find the current TCEQ (Texas Commission on Environmental Quality) rules pertaining to underground & above ground storage tanks?

Look in 334. The rules can be downloaded in PDF format. The subchapters most useful are A, C & F: CLICK HERE

■ Where do I find information about the underground storage tanks (USTs) at a facility listed by the TCEQ?

CLICK HERE Also look on Related Links on this page for Leaking Petroleum Storage Tank (LPST) Database to see if the facility was ever a LPST site.

■ Where do I find out what new rules are being proposed by the TCEQ?

Look under "HB 3554, HB 1956: Regulation, Remediation and Financial Assurance of AST's and UST's" This section is important as it discusses the upcoming changes for secondary containment. Click on 334 to see the proposed changes and Executive Summary for a condensed summary. This is a 160 page PDF document. This site also gives you links to the final rules that are adopted as well as future changes in the TCEQ rules: CLICK HERE

■ Where do I find information about Financial Assurance for underground storage tanks?

This link porvides the information about the TCEQ requirements for Financial Assurance for USTs. Note: a copy of the Certificate of Insurance for the UST system is provided with the TCEQ Underground Storage Tank Registration & Self-Certification Form when it is submitted to the TCEQ to register the USTs or for renewal of the annual TCEQ Delivery Certificate: CLICK HERE

If you have any further questions about State Requirements on underground or aboveground storage tanks, feel free to contact Bill Morris at our McAllen office at 956-686-9582.

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Guide for the New Tank Owner

Guide for the New Tank Owner - This document provides general information on underground storage tanks (UST) in plain simple language with lots of photos showing the different componets of a typical UST system. CLICK HERE

What you need to know about TCEQ (Texas Commission on Environmental Quality) - The TCEQ is a UST & AST regulatory agency and they will check your tanks to make sure that they are in compliance, this document is an overview of those regulations. CLICK HERE

How to use inventory control database - A quick guide on using the inventory control database. CLICK HERE

Inventory Control Example - CLICK HERE

28-Day Inventory Control Database - CLICK HERE

30-Day Inventory Control Database - CLICK HERE

31-Day Inventory Control Database - CLICK HERE

Leap Year Inventory Control Database - CLICK HERE

If you have any further questions about State Requirements on underground or aboveground storage tanks, feel free to contact Bill Morris at our McAllen office at 956-686-9582.

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