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  Newsletters > February 08

Chapman Engineering
February 2008 Newsletter 

TCEQ Rule Changes for UST Systems

On February 21st in Austin there was a presentation by Mr. Anton Rozsypal, P. E. of the TCEQ.  Anton is the technical expert on petroleum storage tank rules and systems, having been with the agency about 28 years now.  We have worked with him and his group closely for many years.

Based on both the federal Energy Bill of 2005 and on Texas Legislature actions in the 2007 session, the 30 TAC Chapter 334 rules are being revised in a number of ways.  The major points are:

• PST Reimbursement Fund has been extended for four years, and the tank registration fee for both UST’s and AST’s is repealed until the Reimbursement Fund finally sunsets;
• The PST Reimbursement Fund may now be used by TCEQ for some administrative costs – the agency wanted this for years, and finally got it;
• Cathodic protection testing will have to be done by NACE-certified technicians, technologists or cathodic protection specialists, or by licensed professional engineers – rules have allowed someone with “equivalent training or experience” to do testing in the past, but this will no longer be allowed;
• Due to federal law, any new tank installation will require double-walled tanks and double-walled piping; any line replacement, of more than ten percent of line length, will require double-walled piping.  A liner in base of excavation as the secondary containment is not allowed – it has to have double-walled equipment;
• For new installations or line and dispenser replacements, containment sumps must be installed around sub pumps and under dispensers.  If these serve as leak detection devices, then it may be required that liquid sensors be installed and maintained, and when a liquid thickness is detected, sump cleanout is required along with finding and fixing the leak;
• Operator training is phasing in over the next three years.  TPCA and PEI are good resources for these training requirements and on-line courses are becoming available.

Some of these changes are mandated by laws, so TCEQ has no lee-way in the rule-writing.  Other parts may still be negotiated to be more or less stringent, on the points above for which TCEQ has some discretion.

If all goes according to the discussion from yesterday, these rules will be published in draft around mid-April.  Industry groups will be able to provide comment and objection, and rules – after any redrafting – will likely become “final” around mid-September 2008.

For questions or to refer a friend to us who needs help, please call Mack Brice or myself at 800-375-7747.  These rule changes will bring some change, no doubt – we can help you prepare!

-Cal Chapman