§282.93 Texas State-Administered Program.

(a) The State of Texas is approved to administer and enforce an underground storage tank program in lieu of the federal program under Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Texas Natural Resource Conservation Commission, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Texas program on March 7, 1995 and it was effective on April 17, 1995.

(b) Texas has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Texas must revise its approved program to adopt new changes to the federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Texas obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the FEDERAL REGISTER.

(d) Texas has final approval for the following elements submitted to EPA in Texas' program application for final approval and approved by EPA on March 7, 1995. Copies may be obtained from the Underground Storage Tank Program, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, TX 78711-3087.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Texas Statutory Requirements Applicable to the Underground Storage Tank Program, 1995

(B) Texas Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) Texas Water Code, Title 2, Subtitle D, Chapter 26 -- State Water Administration.

§26.013      Research, Investigations

§26.014      Power to Enter Property

§26.015      Power to Examine Records

§26.016      Enforcement Proceedings

§26.017      Cooperation

§26.019      Orders

§26.020      Hearing Powers

§26.021      Delegation of Hearing Powers

§26.022      Notice of Hearings; Continuance

§26.042      Monitoring and Reporting

§26.121      Unauthorized Discharges Prohibited

§26.122      Civil Penalty

§26.123      Enforcement by Commission

§26.124      Enforcement by Others

§26.125      Venue and Procedure

§26.126      Disposition of Civil Penalties

§26.136      Administrative Penalty

§26.212      Criminal Offense

§26.213      Criminal Penalty

§26.268      Penalties

§26.353      Commission Orders

§26.354      Emergency Orders

§26.356      Inspections, Monitoring, and Testing

(B) The regulatory provisions include:

(1) 31 Texas Administrative Code, Chapter 334 -- Underground and Aboveground Storage Tanks.

Subchapter A: General Provisions

§334.11      Enforcement

§334.14      Memorandum of Understanding between the Attorney General of Texas and the Texas Natural Resource Conservation Commission

(2) 31 Texas Administrative Code, Chapter 337 -- Enforcement.

(i) Subchapter A: Enforcement Generally.

§337.1      Enforcement Orders

§337.2      Hearings on Violations

§337.3      Legal Proceedings

§337.4      Complaint File

§337.5      Confidentiality of Enforcement Information

§337.6      Force Majeure

(ii) Subchapter B: Enforcement Hearings.

§337.31      Purpose

§337.32      Remedies

§337.33      Definitions

§337.34      Substantial Noncompliance and Emergency Conditions

§337.35      Emergencies

§337.36      Preliminary Enforcement Report

§337.37      Notice

§337.38      Answer

§337.39      Commission Action

§337.40      Appeals of Administrative Penalties

(iii) Subchapter C: Water Rights Enforcement.

§337.51      Show-Cause Enforcement Procedures

§337.52      Notice

§337.53      Enforcement of Commission Orders

§337.54      Enforcement

(3) 31 Texas Administrative Code, Chapter 265 -- Procedures Before Public Hearing.

§265.1      Initial Pleadings

§265.2      Executive Director Forwards Initial Pleadings to the Commission

§265.3      Acceptance for Filing

§265.4      Affidavit of Publication

§265.5      Effect of Failure to Furnish Affidavit

§265.6      Conference Before Hearing

§265.7      Recordation of Conference Action

§265.8      Prefiled Testimony and Exhibits

§265.9      Written Protest

§265.10      Discovery

§265.11      Forms of Discovery

§265.12      Scope of Discovery

§265.13      Exceptions

§265.14      Protective Orders

§265.15       Duty to Supplement

§265.16      Discovery of Documents and Things

§265.17      Interrogatories to Parties

§265.18      Admission of Facts and Genuineness of Document

§265.19      Requests for Requests for Information

§265.20 Sanctions for Failure to Comply with Discovery Ruling

(4) 31 Texas Administrative Code, Chapter 267 -- Procedures During Public Hearing.

§267.1      Designation of Parties

§267.2      Statutory Parties

§267.3      Rights of Parties at the Hearing

§267.4      Persons Not Parties

§267.5      Effect of Postponement

§267.6      Furnishing Copies of Pleadings

§267.7      Conference During Hearing

§267.8      Recordation of Hearing Conference Action

§267.9      Agreements to be in Writing

§267.10      Rulings in Commission Evidentiary Hearings

§267.11      Order of Presentation

§267.12      Alignment of Participants

§267.13      General Admissibility of Evidence

§267.14      Objections

§267.15      Interlocutory Appeals

§267.16      Cross-Examination of Witnesses

§267.17      Stipulation

§267.18      Exhibits

§267.19      Copies of Exhibits

§267.20      Abstracts of Documents

§267.21      Excluding Exhibits

§267.22      Official Notice

§267.23      Parties to be Informed of Material Officially Noticed

§267.24      Continuance

§267.25      Oral Argument

§267.26      Submittal of Findings of Fact and Conclusions of Law

(5) 31 Texas Administrative Code, Chapter 273 -- Procedures After Final Decision.

§273.1      Motion for Rehearing

§273.2      Reply to Motion for Rehearing

§273.3      Granting of Motion for Rehearing

§273.4      Modification of Time Limits

§273.5      Decision Final and Appealable

§273.6      Appeal

§273.7      The Record

§273.8       Costs of Record on Appeal

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) Texas Water Code, Title 2, Subtitle D, Chapter 26 -- State Water Administration.

(1) Subchapter I: Underground and Aboveground Storage Tanks.

§26.341      Purpose (Insofar as it applies to aboveground storage tanks.)

§26.342      Definitions (Insofar as (10) and (12) apply to aboveground storage tanks.)

§26.344      Exemptions (Insofar as (a), (d), and (f) apply to aboveground storage tanks.)

§26.3441      Aboveground Storage Tanks (Insofar as it applies to aboveground storage tanks.)

§26.345      Administrative Provisions (Insofar as (a) and (e) apply to aboveground storage tanks.)

§26.346      Registration Requirements (Insofar as (a) applies to aboveground storage tanks.)

§26.349      Reporting of Releases and Corrective Action (Insofar as (a) applies to aboveground storage tanks.)

§26.351      Corrective Action (Insofar as it applies to aboveground storage tanks.)

§26.3511      Corrective Action by the Commission (Insofar as it applies to aboveground storage tanks.)

§26.3514      Limits on Liability of Lender (Insofar as it applies to aboveground storage tanks.)

§26.3515      Limits on Liability of Corporate Fiduciary (Insofar as it applies to aboveground storage tanks.)

§26.355      Recovery of Costs (Insofar as it applies to aboveground storage tanks.)

§26.358      Storage Tank Fund; Fees (Insofar as it applies to aboveground storage tanks.)

(B) 31 Texas Administrative Code, Chapter 334 -- Underground and Aboveground Storage Tanks.

(1) Subchapter A: General Provisions.

(i) Insofar as §334.1(a)(1), (c), and (d)(2) apply to aboveground storage tanks.

(ii) Insofar as §334.3(b) applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.

(iii) Insofar as §334.4 does not exclude airport hydrant fuel distribution systems and UST systems with field-constructed tanks; excludes only sumps less than 110 gallons, as opposed to all tanks; and does not provide a release detection deferral for UST systems that store fuel solely for use by emergency power generators.

(iv) Insofar as §334.4 subjects wastewater treatment tank systems that are deferred in the federal rules to the registration, general operating requirements, and corrective action requirements.

(v) Insofar as §334.4 requires USTs that store radioactive substances or are part of a nuclear power plant to comply with registration and general operating requirements.

(vi) Insofar as §334.4 applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.

(2) Subchapter F: Aboveground Storage Tanks (Insofar as it applies to aboveground storage tanks)

§334.121      Purpose and Applicability

§334.122      Definitions

§334.123      Statutory Exemptions

§334.124      Commission Exclusions

§334.125      General Prohibitions and Requirements

§334.126      Installation Notification

§334.127      Registration

§334.128      Annual Facility Fees

§334.129      Release Reporting and Corrective Action

§334.130      Reporting and Recordkeeping

§334.131      Enforcement

§334.132      Other General Provisions

(3) Subchapter I: Underground Storage Tank Contractor Certification and Installer Licensing (Insofar as it applies to individuals other than UST owners and operators)

§334.401      Certificate of Registration for UST Contractor

§334.402      Application for Certificate of Registration

§334.403      Issuance of Certificate of Registration

§334.404      Renewal of Certificate of Registration

§334.405      Denial of Certificate of Registration

§334.406      Fee Assessments for Certificate of Registration

§334.407      Other Requirements

§334.408      Exception to Registration Requirements

§334.409      Revocation, Suspension or Reinstatement of Certification of Registration and License

§334.410      Notice of Hearings

§334.411      Type of Hearing

§334.412      Subchapter I Definitions

§334.413      License for Installers and On-Site Supervisors

§334.414      License for Installers and On-Site Supervisors

§334.415      License A and License B

§334.416      Requirements for Issuance of License A and License B

§334.417      Application for License A and License B

§334.418      Notification of Examination

§334.419      License A and License B Examination

§334.420      Issuance of License A or License B

§334.421      Renewal of License

§334.422      Denial of License A or License B

§334.423      Fees Assessments for License A and License B

§334.424      Other Requirements for a License A and License B

§334.425      Exceptions to License A and License B Requirements

§334.426      Revocation, Suspension, or Reinstatement of a License A and License B

§334.427      Notice of Hearings

§334.428      Type of Hearing

(4) Subchapter J: Registration of Corrective Action Specialists and Project Managers for Product Storage Tank Remediation Projects (Insofar as it applies to individuals other than UST owners and operators)

§334.451      Applicability of Subchapter J

§334.452      Exemptions from Subchapter J

§334.453      General Requirements and Prohibitions

§334.454      Exception for Emergency Abatement Actions

§334.455      Notice to Owner or Operator

§334.456      Application for Certificate of Registration for Corrective Action Specialist

§334.457      Application for Certificate of Registration for Corrective Action Project Manager

§334.458      Review and Issuance of Certificates of Registration

§334.459      Continuing Education Requirements for Corrective Action Project Managers

§334.460      Renewal of Certificate of Registration for Corrective Action Specialist and Corrective Action Project Manager

§334.461      Denial of Certificate of Registration

§334.462      Other Requirements

§334.463      Grounds for Revocation or Suspension of Certificate of Registration

§334.465      Procedures for Revocation or Suspension of Certificate of Registration

§334.466      Reinstatement of a Certificate of Registration

(2) Statement of legal authority. (i) "Attorney General's Statement for Final Approval", signed by the Attorney General of Texas on January 11, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Texas to EPA, January 11, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The "Demonstration of Procedures for Adequate Enforcement" submitted as part of the original application on April 28, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application on April 28, 1994, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the Texas Natural Resource Conservation Commission, signed by the EPA Regional Administrator on January 13, 1995, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 1224, Jan. 18, 1996]