(a) A fee is imposed on the delivery of a petroleum product on withdrawal from bulk of that product as provided by this subsection and pursuant to Texas Water Code (TWC), §26.3574. "Withdrawal from bulk" means the removal of a petroleum product from a bulk facility storage tank for delivery directly into a cargo tank or a barge to be transported to another location other than another bulk facility for distribution or sale in this state. Each supplier on withdrawal from bulk of a petroleum product shall collect from the person who orders the withdrawal a fee in an amount determined as follows, subject to future adjustments made under subsection (b) of this section:
  (1) not more than $3.75 for each delivery into a cargo tank having a capacity of less than 2,500 gallons.
  (2) not more than $7.50 for each delivery into a cargo tank having a capacity of 2,500 gallons or more but less than 5,000 gallons.
  (3) not more than $11.75 for each delivery into a cargo tank having a capacity of 5,000 gallons or more but less than 8,000 gallons.
  (4) not more than $15.00 for each delivery into a cargo tank having a capacity of 8,000 gallons or more but less than 10,000 gallons; and
  (5) not more than $7.50 for each increment of 5,000 gallons or any part thereof delivered into a cargo tank having a capacity of 10,000 gallons or more.
(b) TCEQ may adjust the fee rates in subsection (a) of this section through an appropriate notification process, such as but not limited to Texas Register publication with public comment, based on the agency's cost of administering this chapter in accordance with TWC, §26.3574(b-1), but not to exceed the maximum rates set by TWC, §26.3574. The projected rates will account for the biennial appropriations to the agency from the Petroleum Storage Tank Remediation Account Number 655, as well as fund obligations for Account Number 655, with projected revenue from the fee based on such factors as estimated fuel sales, population growth, consumer price index, and gas production.

Source Note: The provisions of this §334.19 adopted to be effective April 19, 2012, 37 TexReg 2674; amended to be effective May 31, 2018, 43 TexReg 3390