TASTP/TCEQ Q & A

April 10 , 2007

Q. 1) As a follow up to the question regarding the GASBOY ASTRA pump with vapor recovery on an aboveground storage tank (AST).  Is it approved to be used after the April 07 ORVR compatible deadline?

A. 1) Stage II staff were not present at the meeting.  TCEQ stated that Coy Howard of the Stage II staff will research and submit the answer by e-mail.

Q. 2) Has there been a policy decision made by the TCEQ regarding the conflict of interest issue in the State-Lead Program as it relates to existing contractors being able to keep their sites which are now in RP Lead?

A. 2) Yes.  The TCEQ legal department has determined that the TCEQ has discretion regarding this issue.  It will be determined on a case by case basis, but the contractor has to be a state-lead contractor.

Q. 3) What is the status of the RG-411 update?

A. 3) The RG-411 update should be finalized by the end of May 2007.

Q. 4) What is the status of the rule package?

A. 4) The TCEQ stated that no rule package would begin until after the current legislative session ends because there is pending legislation that could have significant impact to the current underground storage tank program.  If these pending bills pass, the TCEQ will incorporate the changes into the rule package.

Q. 5) What is the status of the Federal Energy Act as it relates to the Texas Program?

A. 5) The TCEQ stated that any changes to the petroleum storage tank program as a result of the Federal Energy Act will be included in the upcoming rule package.  TASTP was reassured that the association would be a major stake holder in the rule package.

Q. 6) Have there been any bills introduced in the 80th Legislature that affects either directly or indirectly the PST Program?

A. 6) There has been legislation introduced.  The major bill is HB 3554 and it’s companion, SB 1692.  There are a couple of related bills, HB 3739 and HB 37.  HB 3554 appears to be moving with leadership support, but has not reached the floor for a vote.

Q. 7) What is the connection between Chapters 334 and 350 as it relates to corrective action of PST sites.

A. 7) Chapter 350.2g allows for a request for a variance at those sites where the tank systems were removed prior to the implementation of TERP.  If a variance is granted, the cleanup standards revert back to Chapter 334.