TASTP/TCEQ Q & A
October 14, 2008
Q. 1) Please provide a summary of the Commission action regarding the rule package on October 8, 2008.
A. 1)
Docket No.: 2008-0307-RUL
Subject: Commission Approval for Rulemaking Adoption
Chapter 334, Underground and Aboveground Storage Tanks
HB 3554, HB 1956: Regulation, Remediation and Financial Assurance
of ASTs and USTs
Rule Project No. 2007-037-334-PR
Changes Adopted:
The following changes to the original rule proposal were made in response to comments received during the comment period.
1. Clarification and amendment of certain detailed requirements applicable to existing and new sumps, manways and overspill containers. Rule language was amended to accomplish this.
2. Change in the effective date for requirements applicable to new tanks, lines or dispensers. Rule language was amended to change it from the effective date of the rule to January 1, 2009.
3. The allowance of the replacement of more than 10% of existing piping without triggering Secondary Containment requirements. Rule language was amended to increase the allowance to 20%.
4. Regarding the terms “double wall”, “agency accepted alternative” and “new dispenser”, rule language was amended to remove the terms “double wall” and “agency accepted alternative” and to allow any form of Secondary Containment currently in rule (other than external liners, due to the difficulty of determining the integrity of such liners once installed): Also, the application of double wall interstitial monitoring was expanded to include “jacketed” tanks or piping systems. The term “new dispenser” was clarified by amending the rule to incorporate applicable language from the EPA Grant Guidelines for Secondary Containment.
5. Increasing the amount of time allowed to remove liquids and debris from sumps and manways and elimination of the requirement to report more than 1/8 inch of free product in a sump or manway as a suspected release. The rule was amended to increase the time allowed to remove liquids and debris from 48 to 72 hours. In addition, it was determined that existing release reporting requirements were adequate and the rule was amended to remove the requirement to report 1/8 inch of free product in a sump or manway as a suspected release.
Q. 2) What is the effective date for returning LPST sites to the old TAC 334 rules?
A. 2)The commission decided not to include language in this rule package regarding LPST sites being returned to Chapter 334 cleanup standards. The decided to open both Chapters 334 and 350 in a new rule making package. The commission will consider the new rule package at their November 5, 2008 agenda.
Q. 3) Will LPST sites currently being assessed under TAC 350 TRRP rules (APAR has not yet been submitted) be required to be transitioned back to 334 rules? In some cases the field work has been completed and lab results are pending or have been received but a report has not yet been prepared.
A. 3) Not applicable at this time because sites will continue to clean under TRRP.
Q. 4) Has there been any progress in determining the training requirements for Facility Operators?
A. 4) There has not been any progress at this time. Rule making will be required and will be available prior to plans having to be in place by August 8, 2009.
Q. 5) Is Field Operations issuing citations in the field?
A. 5) Yes, but the violations should be obvious.
Q. 6) What are the most common violations being cited during field inspections?
A. 6) Inventory reconciliation is one of the most common violations.
Q. 7) Is the program still available where deed restrictions can be put on a piece of property (former c-store) so that further remediation is not necessary? If so, what is the procedure?
A. 7) Yes, the deed restriction program can be found in both Chapters 334 and 350. Before filing the deed restriction, TCEQ concurrence is required and will be reviewed on a case by case basis.
|
