(a) Purpose. The purposes of this chapter are to:
  (1) provide a comprehensive regulatory program for hazardous substance and petroleum substance underground storage tank (UST) systems, and a limited regulatory program for petroleum product aboveground storage tanks (ASTs), as prescribed by the Texas Water Code, Chapter 26, Subchapter I and Subchapter K;
  (2) establish minimum standards and procedures to reasonably protect and maintain the quality of the state's groundwater and surface water resources from environmental contamination that could result from any releases of harmful substances stored in such tanks;
  (3) provide for the use of risk-based corrective action; and
  (4) generally provide for the protection of human health and safety, as well as the protection of the overall environment of the state.
(b) Applicability to USTs.
  (1) An UST system is subject to all or part of the applicable regulations in this chapter only when such system:
    (A) meets the definition of UST system under §334.2 of this title (relating to Definitions);
    (B) contains, has contained, or will contain a regulated substance as defined under §334.2 of this title;
    (C) is not completely exempted from regulation under §334.3(a) of this title (relating to Exemptions for Underground Storage Tanks (USTs) and UST Systems); and
    (D) is not completely excluded from regulation under §334.4(a) of this title (relating to Exclusions for Underground Storage Tanks (USTs) and UST Systems).
  (2) The requirements and provisions in this chapter are applicable to regulated UST systems (as described in paragraph (1) of this subsection), and to the registration, self-certification, design, construction, installation, operation, testing, maintenance, upgrading, recordkeeping, reporting, removal from service, release monitoring, release reporting and corrective action (including risk-based corrective action), fee assessment, financial assurance in accordance with Chapter 37, Subchapter I of this title (relating to Financial Assurance for Petroleum Underground Storage Tank Systems), and other applicable requirements associated with such systems, as more fully described in this chapter.
  (3) The requirements and provisions in this chapter apply equally to all owners and operators of regulated UST systems (as described in paragraph (1) of this subsection), including individuals, trusts, firms, joint-stock companies, corporations, governmental corporations, partnerships, associations (including non-profit and charity organizations), states, municipalities, commissions, political subdivisions of a state, interstate bodies, consortiums, joint ventures, commercial and noncommercial entities, and the United States Government (including all of its departments), except as otherwise provided in this chapter.
  (4) The following types of underground tank systems are subject to all or parts of the applicable regulations in this chapter if they meet the general qualifications for an UST system in paragraph (1) of this subsection:
    (A) compartmental tanks, when at least one of the compartments is used to store regulated substances; and
    (B) dual-use or multiple-use tanks which alternately store two or more substances, when at least one of the stored substances is a regulated substance.
(c) Applicability to ASTs.
  (1) An AST is subject to the applicable regulations in this chapter only when such tank;
    (A) meets the definition of "aboveground storage tank" in §334.2 of this title;
    (B) contains, has contained, or will contain a "petroleum product" as defined in §334.2 of this title;
    (C) is not exempted from regulation under §334.123 of this title (relating to Exemptions for Aboveground Storage Tanks (ASTs)); and
    (D) is not excluded from regulation under §334.124 of this title (relating to Exclusions for Aboveground Storage Tanks (ASTs)).
  (2) The requirements and provisions in this chapter apply to regulated ASTs, and to the registration, installation notification, reporting, recordkeeping, release reporting and corrective action (including risk-based corrective action), fee assessment, and other applicable requirements associated with such tanks, as more fully described in this chapter.
  (3) The applicable requirements and provisions in this chapter shall apply equally to all owners and operators of regulated ASTs, including individuals, trusts, firms, joint-stock companies, corporations, governmental corporations, partnerships, associations (including nonprofit and charity organizations), states, municipalities, commissions, political subdivisions of a state, interstate bodies, consortiums, joint ventures, commercial and noncommercial entities, and the United States government (including all of its departments), except as otherwise provided in this chapter.
  (4) The following types of ASTs are subject to the applicable regulations in this chapter if they meet the general qualifications for an AST in paragraph (1) of this subsection:
    (A) compartmental tanks, when at least one of the compartments is used to store petroleum products; and
    (B) dual-use or multiple-use tanks which alternately store two or more substances when at least one of the stored substances is a petroleum product;
  (5) If a storage tank containing a petroleum product technically meets the definitions of both an AST and an UST under this chapter, then the tank will be considered an UST, and must conform with all applicable requirements for USTs in this chapter.
  (6) Consistent with the exemption for heating oil tanks in §334.123(a)(2) of this title, an AST storing a petroleum product (such as kerosene or diesel) which is primarily used as a heating oil substitute for heating purposes on the premises where stored, and which is secondarily used as a motor fuel for the operation of internal combustion engines, is exempt from the regulations of this chapter.
(d) Applicability of specific sections to USTs and ASTs.
  (1) USTs are subject to all the applicable provisions of this chapter, except Subchapter F of this chapter (relating to Aboveground Storage Tanks). Underground petroleum storage tanks are also subject to all applicable provisions of Chapter 37, Subchapter I of this title.
  (2) ASTs are subject to all the applicable provisions of this chapter, except:
    (A) §334.3 of this title (relating to Exemptions for Underground Storage Tanks (USTs) and UST Systems), §334.4 of this title (relating to Exclusions for Underground Storage Tanks (USTs) and UST Systems), §334.5 of this title (relating to General Prohibitions for Underground Storage Tanks (USTs) and UST Systems), §334.6 of this title (relating to Construction Notification for Underground Storage Tanks (USTs) and UST Systems), §334.7 of this title (relating to Registration for Underground Storage Tanks (USTs) and UST Systems), §334.8 of this title (relating to Certification for Underground Storage Tanks (USTs) and UST Systems), and §334.9 of this title (relating to Seller's Disclosure), and §334.10 of this title (relating to Reporting and Recordkeeping);
    (B) Subchapter B of this chapter (relating to Underground Storage Tank Fees);
    (C) Subchapter C of this chapter (relating to UST Technical Standards); and
    (D) Subchapter I of this chapter (relating to Underground Storage Tank Contractor Registration and Installer Licensing).

Source Note: The provisions of this §334.1 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective June 25, 1990, 15 TexReg 3424; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442