(a) Design prohibitions. On or after September 1, 1987, no person may install or have installed an underground storage tank (UST) system for the purpose of storing or otherwise containing regulated substances unless such UST system, whether of single-wall or double-wall construction, meets the following standards.
  (1) The UST system must prevent releases due to corrosion or structural failure for the operational life of the UST system.
  (2) All components of the UST system must be either cathodically protected against corrosion, constructed of noncorrodible material, constructed of a steel material which has been clad with a noncorrodible material, or must be otherwise designed and constructed in a manner that prevents the release of any stored substances.
  (3) The UST system must be constructed of, or lined with, a material that is compatible with the stored substance.
(b) Delivery prohibitions.
  (1) Concerning UST systems which the tank owner or operator must self-certify under §334.8(c) of this title (relating to Certification for Underground Storage Tanks (USTs) and UST Systems), the following applies.
    (A) Except as provided under subparagraphs (B) and (C) of this paragraph, no common carrier (as defined in §334.2 of this title (relating to Definitions)) shall deposit any regulated substance into a UST system regulated under this chapter unless that owner or operator has a valid, current delivery certificate issued by the agency covering that UST system.
    (B) For new or replacement UST systems, only during the initial period ending 90 days after the date that a regulated substance is first deposited into the new or replacement system(s), a common carrier may accept, as adequate to meet the requirements of subparagraph (A) of this paragraph documentation that the owner or operator has a "temporary delivery authorization," as defined in §334.8(c)(5)(D) of this title, issued by the agency for the facility at which the new or replacement UST system(s) exist.
    (C) It is an affirmative defense to the imposition of an administrative penalty for a violation of subparagraph (A) of this paragraph that the person delivering a regulated substance into a UST relied on:
      (i) a valid, current paper delivery certificate presented by the owner or operator of the UST or displayed at the facility associated with the UST;
      (ii) a temporary delivery authorization presented by the owner or operator of the UST or displayed at the facility associated with the UST; or
      (iii) registration and self-certification information for the UST obtained from the commission's Internet Web site not more than 30 days before the date of delivery.
  (2) Concerning UST systems which are not required to be self-certified compliant at a given time under §334.8(c) of this title, but which are required to be registered under §334.7 of this title (relating to Registration for Underground Storage Tanks (USTs) and UST Systems), the following applies.
    (A) Except as provided under subparagraph (B) of this paragraph, no person (as defined in §334.2 of this title) shall deposit any regulated substance into a UST system regulated under this chapter unless that owner or operator has a valid, current registration certificate issued by the agency covering that UST system.
    (B) The prohibition referenced in subparagraph (A) of this paragraph is not applicable to deliveries into a new or replacement UST system occurring within 30 days of the first deposit of regulated substances.
  (3) Concerning both types of delivery prohibition referenced in this subsection, the following documentation is considered adequate:
    (A) the original valid, current document issued by the agency; or
    (B) a legible copy of the valid, current document issued by the agency.

Source Note: The provisions of this §334.5 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 23, 2000, 25 TexReg 11442; amended to be effective April 2, 2002, 27 TexReg 2522; amended to be effective November 18, 2004, 29 TexReg 10532; amended to be effective November 9, 2006, 31 TexReg 9034; amended to be effective April 19, 2012, 37 TexReg 2674