1. TCEQ’s PST Rulemaking: Adopted Rule Changes
TCEQ Office of Compliance and Enforcement
Cynthia Gandee
Lonnie Gilley

2. TCEQ’s PST Rules Covers nearly 20,000 facilities
Title 30 of the Texas Administrative Code (TAC), Chapter 334
Last minor update in 2012
Title 40 of the Code of Federal Regulations (CFR), Part 280
Last major update for federal rules was 1988

3. Texas UST Rulemaking Process
Stakeholder Meeting
5/23 – 6/2/17: Receive input from stakeholders
Proposal
11/15/17: Rule language proposed
Public Comment Period
12/01/17 – 1/9/18: 30 day comment period extended for holidays
Adoption
05/09/18: TCEQ adopts final rules
05/31/18: Rules become effective
TCEQ held stakeholder meeting in May 2017, proposed rule language over the summer of 2017, and published the proposed rule language in Texas Register in November The public was given an opportunity to comment around the holidays and over 100 comments were received.
Draft rule language was proposed before our Commissioners at a hearing on May 9th, 2018 where the rules were adopted. The rules will be published on May 25th and will become effective on the 31st.

4. Rulemaking Timeline Overview & Timeline
5/23/17: TCEQ stakeholder meeting
5/23/17 - 6/02/17: Stakeholder comment period
11/15/17: Proposal to Commissioners
12/01/17: Proposed rules published in Texas Register
12/01/17 – 01/09/18: Public comment period
01/09/18: TCEQ formal public hearing
05/09/18: Adoption to Commissioners
05/25/18: Rules published in Texas Register

5. 2015 UST Regulation
Updated the 1988 UST Regulation and incorporated key portions of the EPAct of 2005
Altered 40 CFR part 280
Published to Federal Register in July 2015
Effective in 16 states without State Program Approval (SPA) and Indian country
Texas will reapply for SPA by October 2018
SPA = State Program Approval which means the state runs its own PST program with funding from EPA. Otherwise, EPA is responsible for compliance and enforcement.

6. Incorporating UST Regulations in Texas
Included many provisions and requirements that Texas already met or exceeded including:
Operator training
Secondary containment
Removed deferrals for emergency power generators, Airport Hydrant Systems and Field Constructed Tanks
Notification requirements

7. Effective Dates Most rules become effective on 05/31/18
Some rules have delayed implementation dates
EPA allowed delayed implementation when they implemented the federal rules. TCEQ has built in similar delayed implementation dates into the Texas rules.

8. Delayed implementation
1/1/ Annual testing for release detection equipment (ATG, probes, sensors, vacuum pumps/pressure gauges, groundwater/vapor monitoring equipment)
1/1/2021 – Testing of spill bucket and containment sumps and inspection of overfill prevention equipment every 3 years at facilities installed before 9/1/2018
1/1/2021 – Periodic operation and maintenance walkthrough inspections
9/1/2018 – Interstitial monitoring is a mandatory primary form of RD for tanks installed on or after 1/1/2009
9/1/2018 – Flow restrictor devices no longer allowed when overfill prevention installed or repaired on or after 9/1/2018
Facilities installed after 9/1/18 must comply with sump & spill bucket testing and overfill prevention inspection regulations immediately.

9. Stakeholder Input May 2017 Delayed implementation of certain sections
3-year hydrostatic testing of sumps
Disposal
Reuse
Required liquid levels
Revision of operator training courses
Updated operator training deadlines

10. Stakeholder Input May 2017 3-year hydrostatic testing of sumps
Disposal – amendments proposed for TPDES GP to allow for land application, given best management practices are followed (public comment estimated March 2018)
Reuse - allowed
Required liquid levels – added low liquid level testing method for containment sumps to reduce volume of water for disposing

11. Public Comments December/January 2018
Received 100+ comments
TCEQ reviewed and responded to each comment
Many of the comments were out of scope or were regarding sections of the rules which were not open
Comments and TCEQ’s response to comments will be published with the rule package
TCEQ made changes based on some comments
New definitions
Clarifications of rules, dates, and terminology

12. Public Comments December/January 2018
Some of the changes made:
Added periodic inspection of lined tanks (every 10 years)
Clarified terminology
Delayed operator training deadline to 01/01/2020

13. Texas Rule Changes

14. Walkthrough Inspections 30 TAC §334.48(h)
Current
Draft Rules
Old regulations in (i) were end-dated:
60 day sump & spill bucket inspection
Every 30 days :
Spill and overfill equipment
Release detection equipment
Annually:
Containment sumps after 2009 (and all sumps used for interstitial monitoring)– liquid tight
Containment sumps before 2009 – not required to remove water
Sump Turbine Pumps (STP) and Under Dispenser Containment (UDC) not in sumps
Hand held release detection
We’re replacing our old regulations in (i) with the new walkthrough inspections section in   EPA has required that all containment sumps be inspected annually and liquid/debris removed.  This requires that sumps which were never meant to be water tight are now being required to be water tight, which will require a lot of replacement and expense.  TCEQ worked with LDEQ on this rule and has obtained allowance from EPA to separate the containment sumps into three categories with descending stringency.  Containment sumps installed prior to 2009 and which are not used for interstitial monitoring are not required to have the liquid removed from them during annual inspection.  The liquid can remain if the equipment is cathodically protected.

15. Walkthrough Inspections 30 TAC §334.48(h)
Current
Draft Rules
Removal and disposal of liquids/debris
Within 96 hours of alert or discovery
Liquids/debris must be removed within 96 hours
Waste must be properly disposed according to regulations
Previously, facilities were required to dispose of liquid and debris within 96 hours. This is not feasible as it required facilities to dispose of very small amounts of waste immediately. The new rule requires that liquid/debris be removed within 96 hours, but facilities may accumulate the waste material onsite per the waste rules and properly dispose of it on a more convenient and cost effective schedule.

16. Periodic Testing: Spill Prevention Equipment 30 TAC §334.48(g)
Applies to spill prevention equipment used for interstitial monitoring, including spill buckets or other containment devices, and containment sumps
Current
Draft Rules
Not required
Must meet one of the following:
Tightness testing required:
Every 3 years
Vacuum, pressure, or liquid testing
Double-walled equipment may opt to periodically monitor
Every 30 days
In order to meet the new spill prevention equipment testing rules, facilities have several options.  Double walled equipment which is periodically monitored at least every 30 days can meet this requirement.  Other equipment must be subjected to a tightness test every three years.  The facility may choose between vacuum, pressure, or liquid (hydrostatic) testing. 

17. Periodic Testing: Overfill Prevention Equipment 30 TAC §334.48(g)
Current
Draft Rules
Not required
Inspect every 3 years to ensure:
Equipment is set to activate at the correct level
Activation occurs
Overfill prevention equipment such as flappers and ball floats must now be tested every three years.

18. Release Detection Testing 30 TAC §334.48(e)
Current
Draft Rules
Not required
Test annually
Includes:
Automatic Tank Gauge
Automatic Line/Leak Detector
Probes & sensors
Vacuum pumps & pressure gauges
Hand-held electronic sampling equipment
Release detection equipment is now required to be tested annually. TCEQ has essentially adopted EPA’s regulation here without any significant changes.

19. Release Detection 30 TAC §334.50
Current
Draft Rules
Monitoring period for release detection:
Monthly (not to exceed 35 days)
30 days
Revised language in to better organize which rules applied to tanks/piping installed before/after Jan. 1, 2009
EPA has always required 30 days. Our rules previously allowed monthly (35) but EPA required us to change this.
In addition, the language in was cleaned up somewhat to make it more apparent which rules applied to which tank installation date. This should make it easier for the public to understand which rules apply.

20. Release Detection 30 TAC §334.50(d)
Current
Draft Rules
Emergency generator tanks may use Automatic Tank Gauge (ATG) as a sole method of release detection
Used oil tanks will have same exemption as emergency generator tanks
Automatic Tank Gauge (ATG) must be capable of conducting a 30-day water check
New EPA regulations removed a previous deferral and now require emergency generators to have two methods of release detection. TCEQ has always had an exemption built in for emergency generator systems which allows only one method (ATG) to be used for release detection. TCEQ will keep this exemption in place and will also add used oil tanks to the exemption allowing additional flexibility to stay in compliance with release detection rules. Our exemption was put in place because emergency generators and used oil tanks typically don’t have dispensers, which makes achieving a second method of release detection difficult because the facility can’t easily measure the tank throughput.

21. Release Detection 30 TAC §34.50(b) & (c)
Current
Draft Rules
Interstitial monitoring is required to be conducted as a method of RD on UST systems installed after 01/01/2009, but may be conducted as a secondary method for compliance
Interstitial monitoring is now required to be conducted as the primary method of RD on UST systems installed after 01/01/2009
I.M. was required after 01/01/09, but TCEQ didn’t enforce that it be used as the primary method of compliance. So, some facilities would use other methods of release detection as their “primary” method and would submit records to TCEQ investigators using those methods.
The rule change requires that IM records be used for RD compliance purposes, such as Energy Act inspections.

22. Release Reporting 30 TAC §334.72
Current
Draft Rules
Existing release reporting rules
Added release rules to include:
secondary containment
Interstitial monitoring
As interstitial monitoring becomes used more widely, it is important to ensure the regulation is clear on all aspects of its use. This change provides clarity about reporting, response, and testing for interstitial alarms.

23. Flow Restrictors 30 TAC §334.51(b)
Current
Draft Rules
Flow restrictors are currently allowed
Flow restrictors (ball floats) may no longer be installed on new or replacement systems
The EPA has determined this technology has several inherent weaknesses and can result in tanks being over pressurized. This change eliminates flow restrictors in vent lines as an option for overfill protection in new and replaced systems. TCEQ has adopted this.

24. Repairs 30 TAC §334.52(d) Not required
Current
Draft Rules
Not required
Test within 30 days of repairs to:
spill and overfill
secondary containment
Testing repairs is not currently required, but another EPA rule that TCEQ has adopted.

25. Fee on Delivery 30 TAC §334.19(a)
House Bill (HB) 7 bill in the 84th Legislature amended the Texas Water Code (b-1)
The bill requires the TCEQ to adjust the petroleum product delivery fee rates ( results in 37% reduction in fees)
Current
Draft Rules
Previous fee schedule
New fee schedule (results in lower fees)
House Bill 7 in the 84th legislature amended TWC Chapter 26. The change in TWC requires the TCEQ to adjust the petroleum product delivery fee rates to collect revenue in amounts not to exceed appropriations, less any amounts used for monitoring and remediation of releases occurring on or before Dec. 22, As a result, the rule change will reflect the fee reduction changes that were implemented in 2015 through the Texas Register and the Texas Comptroller’s rules.

26. Oil Water Separators 30 TAC § 334.4
Current
Draft Rules
Owners/operators of oil water separators must be trained, use a registered UST contractor/licensed supervisor for installation and removal
Removed requirements
Previously OWS had to get operator training and use registered UST contractor/licensed supervisor.

27. E10+ and B20+ 30 TAC §§334.6(b)(1)(A)(ix) & 334.7(d)(1)(C)
Current
Adopted Rules
No current requirement to notify agency of switching to E10+ and B20+
Submit a 30 day notification to agency prior to switching to E10+ and B20+
Submit a registration form to agency within 30 days after switching to E10+ and B20+
Notification is now required at least 30 days BEFORE switching, and a UST registration form is required to be submitted within 30 days AFTER switching.

28. Accessing the New Rules
Rules will be published in Texas Register on 05/25/2018
Prior to publishing, the adoption language is available on the TCEQ website:
Reference Rule Project Number CE. 
Notification is now required at least 30 days BEFORE switching, and a UST registration form is required to be submitted within 30 days AFTER switching.

29. Cynthia Gandee
(512) Lonnie Gilley (817)