PST Program News
April 27, 2012:
Revisions to Title 30 Texas Administrative Code (TAC) Chapter 334 Sections 334.5 and 334.84 and new Section 334.19
On March 28, 2012, the TCEQ adopted rule amendments to Title 30 Texas Administrative Code (TAC) Chapter 334, Underground and Aboveground Storage Tanks, Subchapter A, General Prohibitions, and Subchapter D, Release Reporting and Corrective Action. The revisions implement provisions in the TCEQ Sunset Legislation, House Bill 2694 from the 82nd Legislature.
The revisions reinstate common carrier liability, decrease the fee on delivery of petroleum products (see the Petroleum Product Delivery Fee Document for a breakdown of the revised fee), and provide authorization for the TCEQ to remove non-compliant underground and aboveground storage tanks that pose a risk of contamination and are owned by financially unable persons or entities. The revisions were effective April 19, 2012.
The following link provides the 30 TAC 334 adopted rule changes:
August 12, 2011:
Revision to Action Levels and Plan A Target Concentrations for LPST releases
Effective September 1, 2011, the PST program is revising the Action Levels and Plan A Target Concentrations for Leaking Petroleum Storage Tank (LPST) releases. The new target concentrations reflect the current toxicity parameters as revised by the toxicology staff of the TCEQ, and the chemical/physical factors as posted by the Technical Support Section of the Remediation Division. For additional information, please refer to the PST Forms and Guidance webpage.
The revised Plan A target concentrations apply target risk goals as established in the PST rules (Chapter 334, Subchapter G, Section 203.(1) (I) and (J)) and the methodologies developed in the regulatory guidance, Risk-Based Corrective Action for Leaking Petroleum Storage Tank sites (RG-36) and subsequent amendments in March 6, 1997 and August 12, 1997 Interoffice Memoranda. All methodologies, default values and exposure factors used in the equations are supported by ASTM standards (E-1739-95) and United States Environmental Protection Agency (US EPA).
July 6, 2011:
Direct award contracts for LPST sites
Contractors performing work at a Leaking Petroleum Storage Tank (LPST) site which has been transferred to State Lead under Water Code 26.3573(r-1), may be eligible for a direct award contract from TCEQ to continue work at that site. For additional information, please refer to the qualifications and requirements for receiving a direct award contract.
April 4, 2011:
State Lead transfer application now available
The agency has released the State Lead transfer application. If you were deemed eligible for the reimbursement program extension and since then have submitted all required progress reports, but find that corrective actions cannot be completed by August 30, 2011, you may apply to the commission to transfer your site into the TCEQ State-Lead Program. Applications must be submitted in writing no later than July 1, 2011. Before completing the application, be sure to read the State Lead transfer application instructions. For additional information, see the End of Reimbursement page.
March 17, 2009:
PST Program Updates
The agency has released a bulletin with new action levels to be use with the amended 30 TAC 334 rules. The new action levels are applicable to all releases reported to the agency on or after March 19, 2009. The investigation and sampling requirements established in RG-411 remain the same. The upcoming revisions to RG-411 will remove references to the Texas Risk Reduction (TRRP) rule and revise Table 1 to reflect the action levels listed in the bulletin.
TCEQ-0621, Release Determination Report Form has been revised due to the 30 TAC 334 rule change effective March 19, 2009. Use it to report the results of all release determination activities. The form is available in Word and in PDF formats.
March 4, 2009:
Changes to LPST cleanups
On February 25, 2009, the commission adopted changes to Chapter 334, Underground and Aboveground Storage Tanks and Chapter 350, Texas Risk Reduction Program (TRRP) to remove Leaking Petroleum Storage Tank (LPST) sites from TRRP. These rules are effective on March 19, 2009. All LPST sites must follow the requirements of the Chapter 334 rule and guidance.
These rule changes may influence the corrective action necessary at LPST sites currently under TRRP. Responsible parties/persons should evaluate site information to determine if the closure requirements under Chapter 334 rules and guidance have been met or if additional assessment and cleanup is needed.
November 14, 2008:
Proposed rule package to revise 30 TAC Chapters 334 & 350
At the November 5, 2008, agenda the Commission approved the proposal of a rule package to revise 30 TAC Chapter 350, the Texas Risk Reduction Program (TRRP), and Chapter 334, Underground and Aboveground Storage Tanks, rules. The proposed rule language will be published in the November 21, 2008, issue of the Texas Register for public comment. The public comment period will end January 5, 2009. You may download the proposed amendments to both Chapters from the following Web page: http://www.tceq.texas.gov/rules/prop.html#09003
The commission will hold a stakeholders meeting on this proposal in Austin on December 11, 2008 from 2:00 to 4:00 p.m. in Bldg E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The meeting is intended to facilitate discussion on the proposed rules. Oral comments will not be recorded.
Additionally, the commission will hold a public hearing on this proposal in Austin on December 16, 2008 at 10:00 a.m. in Room 201S, Building E, at the commission's central office located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments.
September 19, 2008:
Hurricane Ike's Effect on Laboratory Samples
Due to the September 2008 preparation, evacuation, and/or recovery activities associated with the Hurricane Ike event along the Texas coast in the Galveston/Houston area, environmental laboratories in that area impacted by the hurricanes movements may report holding time and temperature preservation issues for samples collected Friday, September 5, 2008 through Thursday, September 11, 2008. These activities may include a) the mandatory and/or voluntary evacuation of the laboratories in advance of the hurricanes anticipated and/or actual landfall, b) the couriers, responsible for delivering the samples to the laboratory, not entering the area by land or by air until after the hurricane conditions had subsided, and c) the laboratory's recovery and return to routine operating conditions following the hurricane event.
The agency has developed guidelines with information regarding the evaluation of sample data and reimbursement issues when sample delivery and/or analysis was impacted by the hurricane event.
December 10, 2007:
Revised Incident Report (IR) Form
In order to collect more information regarding the source and cause of confirmed releases from underground storage tank systems, the TCEQ has modified the Incident Report (IR) Form (TCEQ-20097). All suspected and confirmed releases identified on or after December 10, 2007 should be reported to the TCEQ using the December 2007 version of the IR Form.
December 6, 2007:
Information on Implementation of the Risk-Based Corrective Action Provision of HB 3554
The agency has determined that it already meets the risk-based corrective action legislative requirements of House Bill 3554. Therefore, all LPST releases reported through August 31, 2003 continue to be subject to all parts of 30 TAC 334 (the PST rules), and all releases reported on or after September 1, 2003 must meet the assessment, response actions, and post-response action care requirements of 30 TAC 350 (the Texas Risk Reduction Program (TRRP) rules). Responsible parties should ensure that their sites progress in a timely manner toward closure under the appropriate set of rules.
June 18, 2007:
PST Reimbursement Program Phase-out Update
House Bill (HB) 3554 was passed in the Texas legislature and has been signed by the governor. This bill will affect the sunset of the Petroleum Storage Tank reimbursement program and the transition of eligible leaking petroleum storage tank sites into State Lead. Check this web page for updates, or subscribe to the PST Program listserv to receive updates by e-mail.
February 20, 2007:
Request for Qualifications (RFQs) for PST Engineering Services
We are requesting qualification statements (RFQs) from engineering firms interested in doing environmental cleanup work at leaking petroleum storage tank sites. The deadline for submitting Statements of Qualifications is 3:00 p.m. CST, March 16, 2007. For more information, including instructions on how to obtain the entire RFQ, see the complete announcement of this request for qualifications.
December 5, 2006:
LPST Site Survey
We are seeking input from responsible parties (RPs) of leaking petroleum storage tank (LPST) sites deemed eligible for the 2005 Petroleum Storage Tank Remediation (PSTR) Fund reimbursement program extension. To this end, on December 4, 2006, we mailed a one-page survey to approximately 1750 RPs asking if those RPs anticipate completing corrective actions at their reimbursement-eligible LPST sites by August 30, 2007, and, if not, whether they will be opting in to the State-Lead Program. We will tally the survey results and use them for resource allocation and planning.
If you are the RP of a reimbursement-eligible LPST site and did not receive the “official” mailout (or lost it), print a blank survey, complete it, and submit it to us by December 29, 2006, by fax or mail. (Please submit one survey for each reimbursement-eligible LPST site.) This survey:
- is not binding, and
- is different from the application form required by statute to formally request transfer into State Lead. (That form will be available no later than April 1, 2007.)
October 9, 2005:
Drinking Water Survey Report
Texas Water Code §26.408 requires the TCEQ to notify owners of water wells that may be affected by groundwater contamination. To comply with this statute, guidance on submitting a Drinking Water Survey Report is now available to assist you in conducting the drinking water survey when necessary.
September 1, 2005:
Reimbursement Deadline Extended for Certain LPST Sites
As of September 1, 2005, the PSTR Fund has been extended—for certain LPST sites—for processing reimbursement claims beyond the previous deadline date of August 31, 2006. See the criteria that must be met for LPST sites to retain eligibility.
August 24, 2004:
Important Note for Geoscientists
The Remediation Division (including PST Responsible Party Remediation) will be checking for Professional Geoscientist’s seals on reports submitted to the agency, beginning September 1, 2004. Unsealed geoscience reports received after October 1, 2004, will be returned to the submitting party. Refer to this regulatory notice for more information.
For information on what constitutes geoscience and the requirements for geoscientist licensing, please refer to the Board of Professional Geoscientists’ web page.
- Registered corrective action specialists and project managers (RCAS/CAPMs) are still required for work on LPST sites (see IOM on this topic).
- Geoscientist requirements are separate from (and in the case of LPST sites, in addition to) RCAS/CAPM requirements.
Join the PST Program E-Mail Update Alert list and receive an e-mail notice each time there are new policy developments, new guidance is issued, or there are announcements, notices or updates posted on the PST web site.
To join the alert list:
- Send an e-mail to firstname.lastname@example.org. Type "Join PST-RPR" in the subject line and type your name in the body/message part.
- Reply to the automated e-mail asking for confirmation of your request (no reply text necessary—if you do type something in, it cannot be read and will not receive a response). You will then receive a message confirming you have been signed up to the list.
- If you have questions, or have other names and e-mail addresses you want to add to the alert list, send them to email@example.com. Please note that you cannot send a regular e-mail to the alert list e-mail address shown in step 1 above.
Look for our e-mail notices when we make changes to this web page or have news about the PST Program.