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Federal UST Rule Update Package

This page offers information and updates on the rulemaking package to incorporate the 2015 EPA underground storage tank regulations into 30 Texas Administrative Code Chapter 334.

New iconThe proposed rule changes will be presented before TCEQ Commissioners on November 15, 2017. The public comment period will be December 1, 2017 through January 9, 2018. TCEQ encourages you to participate in the rulemaking process, and staff will review all comments received. A formal public rule hearing is planned for 2:00 p.m. January 9, 2018, at TCEQ’s Central Office located at 12100 Park 35 Circle, Building E, Conference Room 201S.

The required rulemaking will incorporate necessary changes to 30 TAC Chapter 334 in accordance with the 2015 revisions to the federal underground storage tank regulations in 40 CFR Part 280 and will allow TCEQ to reapply for state program approval from the EPA. Additionally, this rulemaking will address minor rule revisions relating to the fee on delivery of petroleum products to reflect changes that were statutorily implemented in the Texas Water Code in 2015 and 2017.

On May 23, 2017, TCEQ held an informal stakeholder meeting to seek comments on changes being proposed to the current 30 TAC Chapter 334. Information available as a result of discussion from this meeting includes:

Based on input during the meeting, TCEQ conducted additional research into the requirements for handling water from hydrostatic testing of new vessels. Per the Hydrostatic Test Water General Permit (TXG670000), please note the following clarification:

  • Hydrostatic test water from new vessels does not have to meet effluent limits and does not have to be analyzed. The effluent limits and monitoring only apply to existing vessels that previously contained petroleum fuel or petroleum product.
  • The facility owner/operator does not have to submit a notice of intent application to get authorization to discharge hydrostatic test water from new vessels into or adjacent to water in the state. They do have to comply with all other requirements in the permit.