Section 334.45 - Technical Standards for New Underground Storage Tank Systems(a) General requirements. (1) Any new underground storage tank (UST) system installed on or after September 29, 1989, shall be in compliance with the provisions of this section during the entire operational life of the UST system.(2) Any new UST system shall be designed, installed, and operated in a manner that will prevent releases due to structural failure or corrosion for the operational life of the UST system.(3) The surfaces of all components of the new UST system which are in direct contact with a regulated substance shall be constructed of or lined with materials that are compatible with such regulated substances.(4) All components of the new UST system which convey, contain, or store regulated substances shall be properly protected from corrosion in accordance with the applicable provisions in § 334.49 of this title (relating to Corrosion Protection).(5) All tanks, piping, and other ancillary equipment in a new UST system shall be installed in accordance with the requirements of § 334.46 of this title (relating to Installation Standards for New Underground Storage Tank Systems).(b) Technical standards for new tanks. (1) Tank design and construction. Each new tank shall be properly designed, constructed, and protected from corrosion in accordance with one or more of the methods listed in subparagraphs (A) - (G) of this paragraph, and in accordance with specific codes and standards of practice developed by nationally recognized associations and independent testing laboratories, as referenced in the following subparagraphs: (A) The tank may be constructed of fiberglass-reinforced plastic. Tanks constructed under this method shall meet an industry code of practice such as: (i) Underwriters Laboratories, Inc. (UL) Standard 1316, " Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures;" or(ii) Underwriter's Laboratories of Canada (ULC) S615, "Standard for Fibre Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids."(B) The tank may be constructed of coated steel and equipped with a factory-installed cathodic corrosion protection system. Any tank constructed under this method shall be thoroughly coated with a suitable dielectric material, shall be equipped with a factory-installed cathodic corrosion protection system meeting the appropriate design and operational requirements in § 334.49(c)(1) of this title, and shall meet an industry code of practice such as: (i) UL Standard 58, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids;"(ii) Part I of UL Standard 1746, "Standard for External Corrosion Protection Systems For Steel Underground Storage Tanks;" or(iii) Steel Tank Institute (STI) Standard, " sti-P3 Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks."(C) The tank may be constructed of coated steel and equipped with a field-installed cathodic corrosion protection system. Any tank constructed under this method shall be thoroughly coated with a suitable dielectric material, shall be equipped with a field-installed cathodic protection system meeting the appropriate design and operational requirements in § 334.49(c)(2) of this title, and shall meet the following standards: (i) UL Standard 58, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids;" and(ii) NACE International Standard SP0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection."(D) The tank may be factory-constructed either as a steel/fiberglass-reinforced plastic composite tank, or as a steel tank with a bonded fiberglass-reinforced plastic external cladding or as a steel tank with a bonded fiberglass reinforced polyurethane coating. Any tank constructed under this method is not required to be equipped with a cathodic protection system, provided that the tank meets the following requirements:(i) The tank shall be equipped with a factory-applied external fiberglass-reinforced plastic or fiberglass reinforced polyurethane cladding or laminate which has a total dry film thickness of 100 mils minimum and 125 mils nominal;(ii) The tank shall be operated and maintained in accordance with the requirements of § 334.49 of this title;(iii) The tank shall be electrically isolated from all other metallic structures by use of dielectric bushings or other appropriate methods utilized in accordance with applicable industry standards; and(iv) The tank shall be designed and fabricated in accordance with one or more of the following standards:(I) Part II of UL Standard 1746, "Standard for External Corrosion Protection Systems For Steel Underground Storage Tanks;"(II) STI ACT-100, "Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks;" or(III) any other UL, STI, or ULC standard which incorporates the requirements contained in the standards listed in either subclause (I) or (II) of this clause.(E) The tank may be factory-constructed as a steel tank with a bonded polyurethane external coating. Any tank constructed under this method is not required to be equipped with a cathodic protection system, provided that the tank meets the following requirements: (i) The tank shall be equipped with a factory-applied external polyurethane coating which has a minimum dry film thickness of 70 mils;(ii) The tank shall be operated and maintained in accordance with the applicable requirements of § 334.49 of this title;(iii) The tank shall be electrically isolated from all other metallic structures by use of dielectric bushings or other appropriate methods utilized in accordance with applicable industry standards; and(iv) The tank shall be designed and fabricated in accordance with one or more of the following standards: (I) Part IV of UL Standard 1746, "Standard for External Corrosion Protection Systems For Steel Underground Storage Tanks;"(II) STI ACT-100-U, "Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks;" or(III) any other UL, STI, or ULC standard which incorporates the requirements contained in the standards listed in either subclause (I) or (II) of this clause.(F) The tank may be factory-constructed as a steel tank completely contained within a nonmetallic external tank jacket. Any tank constructed under this method is not required to be equipped with a cathodic protection system, provided that the tank meets the following requirements: (i) The tank shall be equipped with a factory-constructed nonmetallic external jacket which provides both secondary containment and corrosion protection;(ii) The tank shall be operated and maintained in accordance with the applicable requirements of § 334.49 of this title;(iii) The tank shall be electrically isolated from all other metallic structures by use of dielectric bushings or other appropriate methods utilized in accordance with applicable industry standards; and(iv) The tank shall be designed and fabricated in accordance with the following: (I) Part III of UL Standard 1746, "Standard for External Corrosion Protection Systems For Steel Underground Storage Tanks;" or(II) STI Specification F922, "Steel Tank Institute Specification for Permatank;" or(III) any other UL, STI, or ULC standard which incorporates the requirements contained in the standard listed in subclause (I) or (II) of this clause.(G) The tank may be designed, constructed, and protected from corrosion by an alternate method which has been reviewed and determined by the agency to control corrosion and prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and safety and the environment than the methods described in subparagraphs (A) - (F) of this paragraph, in accordance with the procedures in § 334.43 of this title (relating to Variances and Alternative Procedures).(2) Spill and overfill prevention equipment. All new tanks shall be equipped with spill and overfill prevention equipment, in accordance with § 334.51(b) of this title (relating to Spill and Overfill Prevention and Control).(3) Release detection for new tanks. All new tanks shall be monitored for releases of regulated substances in accordance with § 334.50 of this title (relating to Release Detection).(4) Other new tank components. (A) Fittings. All metallic tank fittings (e.g., bung hole plugs) shall be protected from corrosion and shall be either: (i) isolated from the backfill material and groundwater or any other water;(ii) thoroughly coated with a suitable dielectric material, in accordance with the tank manufacturer's specifications; or(iii) cathodically protected in accordance with the applicable provisions in § 334.49(c) of this title.(B) Striker plates. Factory-installed striker plates shall be located on the interior bottom surface of each tank under all fill and gauge openings.(C) Dielectric bushings or fittings. In order to provide electrical isolation of the tank from other connected metal components, all coated steel tanks equipped with either a factory-installed cathodic protection system or a factory-applied fiberglass-reinforced plastic laminate or cladding shall also be fitted with dielectric bushings or fittings at each tank opening where other metal UST system components are connected, except for unused openings closed with metal plugs and for openings where the connected component is non-metallic.(c) Technical standards for new piping. (1) Piping design and construction. All new underground piping (including associated valves, fittings, and connectors) in a UST system shall be properly designed, constructed, and protected from corrosion in accordance with one of the methods listed in subparagraphs (A) - (D) of this paragraph and in accordance with specific codes and standards of practice developed by nationally recognized associations and independent testing laboratories, as referenced in the following subparagraphs. (A) The piping may be constructed of fiberglass-reinforced plastic. Piping constructed under this method shall meet the following standards: (i) UL Standard 971, "Standard for Nonmetallic Underground Piping For Flammable Liquids;" and(ii) ULC Standard S660, "Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids."(B) The piping may be constructed of coated steel. Piping constructed under this method shall be thoroughly coated with a suitable dielectric material, shall be cathodically protected with a field-installed cathodic protection system meeting the appropriate design and operational requirements in § 334.49(c) of this title, and shall meet the applicable provisions of the following standards. (i) UL Standard 971A, "Outline of Investigation for Metallic Underground Fuel Pipe;"(ii) STI Recommended Practice R892, "Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems;"(iii) American Petroleum Institute Publication 1632, "Cathodic Protection of Underground Storage Tanks and Piping Systems;"(iv) NACE International Standard Practice SP0169, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems; and"(v) NACE International Standard Practice SP0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection."(C) The piping may be constructed of flexible nonmetallic material. Piping constructed under this method shall meet the following standards: (i) UL Standard 971, "Standard for Nonmetallic Underground Piping For Flammable Liquids;" and(ii) ULC Standard S660, "Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids."(D) The piping may be designed, constructed, and protected from corrosion by an alternate method which has been reviewed and determined by the agency to prevent the release of any stored regulated substance in a manner that is no less protective of human health and the environment than the methods described in subparagraphs (A) and (B) of this paragraph. Any alternative methods must be submitted and approved in accordance with the procedures in § 334.43 of this title.(2) Release detection for new piping. All new piping shall be monitored for releases of regulated substances in accordance with § 334.50(b)(2) of this title.(3) Other new piping components.(A) For piping systems in which regulated substances are conveyed under pressure to an aboveground dispensing unit, a UL-listed (or agency accepted equivalent listing by ULC) emergency shut-off valve (also called a shear or impact valve) shall be installed in each pressurized delivery or product line and shall be securely anchored at the base of the dispenser. This shut-off valve shall include a fusible link, and shall be designed to provide a positive shut-off of product flow in the event that a fire, collision, or other emergency occurs at the dispenser end of the pressurized line.(B) UL-listed (or agency accepted equivalent listing by ULC, or Factory Mutual Research Corporation (FMRC)) flexible connectors shall be installed at both ends of each pressurized product or delivery line to provide flexibility and to allow for vertical and horizontal movement in the piping, unless inherently flexible piping is installed in accordance with manufacturer's requirements and in accordance with an applicable code or standard of practice developed by a nationally recognized association or independent testing laboratory. The use of metal swing joints in a pressurized UST piping system is specifically prohibited.(C) If buried and in contact with soil or backfill materials, all metallic pipe, valves, and fittings (including flexible connectors) shall be equipped with corrosion protection meeting the applicable requirements in § 334.49 of this title.(D) Only UL-listed (or agency accepted equivalent listing by ULC, or FMRC) flexible connectors or nonmetallic piping listed for aboveground use or listed for use in sumps can be used without backfill cover in sumps, manways, or dispenser pans.(d) Secondary containment for UST systems.(1) Applicability. (A) A secondary containment system meeting the requirements of this subsection shall be installed as part of any hazardous substance UST system.(B) A double-wall tank and piping system (or approved alternative) meeting the applicable requirements of this subchapter shall be installed for any UST system situated on the Edwards Aquifer recharge or transition zones or contributing zone within the transition zone, in accordance with Chapter 213 of this title (relating to Edwards Aquifer).(C) A UST system, at a minimum, shall incorporate secondary containment as specified in Texas Water Code, § 26.3476, if the UST system is located in an area described in that provision.(D) The agency may specifically require the installation of a secondary containment system meeting the requirements of this subsection at other times when necessary for the protection of human health or safety or the environment.(E) Requirements applicable to new tanks, piping and/or dispensers (including related sumps or manways) installed on or after January 1, 2009: (i) Any new tank or piping installed as part of a UST system must incorporate secondary containment in accordance with the applicable requirements of this subchapter, except that external liners will not be allowed as a secondary containment method.(ii) Up to 35% of the total original length of an existing single-wall piping can be replaced with new single-wall piping in accordance with the applicable requirements of this subchapter without triggering the secondary containment requirement for that piping, unless the new piping segment connects the existing piping to a new dispenser. If more than 35% of the total original length of an existing single-wall piping is to be replaced, or the new piping segment connects the existing piping to a new dispenser, that piping segment must be replaced with a piping which incorporates secondary containment.(iii) The interstice of the secondarily contained tank and/or piping must be monitored in accordance with the requirements of § 334.50(d)(7) of this title.(iv) Any sumps (including dispenser sumps) or manways which are used for interstitial monitoring of piping must be compatible with the stored substance(s), must be installed and maintained in a manner that assures that their sides, bottoms, and any penetration points are liquid tight, and must be inspected in accordance with the requirements in § 334.42 and § 334.48 of this title (relating to General Standards; and General Operating and Management Requirements).(v) Under-dispenser containment in the form of a dispenser sump is required for any new dispenser. A new dispenser is defined in § 334.2 of this title (relating to Definitions). New dispensers must employ a dispenser sump which is compatible with the stored substance; is installed and maintained in a manner that assures that its sides, bottoms, and any penetration points are liquid tight; and must be inspected for tightness annually and tested for tightness, immediately after installation and at least once every three years thereafter.(vi) Any sumps (including dispenser sumps) or manways which are used for interstitial monitoring of piping must be equipped with a liquid sensing probe(s) which will alert the UST system owner or operator if more than two inches of liquid collects in any sump or manway.(vii) Liquids and/or debris found in any sumps (including dispenser sumps) or manways which are used for interstitial monitoring of piping must be removed within 96 hours of alert or discovery and properly disposed.(viii) Inspections and testing. (I) Inspections must be performed by a qualified person who is competent to conduct the inspection in accordance with recognized industry practices and in accordance with industry standards, if applicable.(II) Testing of tanks and/or piping shall be performed in accordance with the applicable requirements of this chapter. Testing of sumps (including dispenser sumps) or manways must be performed by a qualified person who is competent to conduct the inspection in accordance with recognized industry practices and in accordance with industry standards, if applicable.(2) General performance standards. All secondary containment systems installed as part of a UST system shall be: (A) designed, installed, and operated in a manner that will prevent the release of regulated substances from such secondary containment system into the surrounding soil, backfill, groundwater, or surface water during the operational life of the UST system;(B) capable of collecting and containing releases of regulated substances from any portion of the primary containment vessels (e.g., tanks and piping) until such released substances are removed;(C) constructed of or lined with materials which are compatible with the stored regulated substance;(D) constructed of materials having sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrological forces), physical contact with the stored regulated substance (and any other substance to which they may normally be exposed), climatic conditions, the stresses of installation, and the stresses of daily operation (including stresses from nearby vehicular traffic); and(E) installed on a properly designed and properly placed bedding or backfill material which is capable of providing adequate support for the secondary containment system, capable of providing adequate resistance to any pressure gradients above and below the system, and capable of preventing failure due to settlement, compression, or uplift.(3) Secondary containment for tanks. One or more of the following methods may be used to provide secondary containment for tanks. (A) Double-wall tanks. Double-wall tanks may be used to comply with the secondary containment requirements of this subchapter, provided that such tanks shall meet the following additional provisions. (i) The secondary wall of such double-wall tanks shall be structurally designed to contain and support the full-load capacity of the primary tank without failure.(ii) The double-wall tank (including both the primary and secondary tank walls) shall be protected from corrosion in accordance with one or more of the allowable methods included in § 334.49 of this title.(iii) The double-wall tank shall be designed, installed, operated, and maintained in accordance with one of the applicable codes or standards of practice listed as follows: (I) for fiberglass-reinforced plastic tanks: UL Standard 1316, " Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures; "(II) for steel tanks: STI Standard F841, "Standard for Dual Wall Underground Steel Storage Tanks; " UL Standard 58, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids; " and other applicable UL standards for double-wall steel tanks; and(III) any other code or standard of practice developed by a nationally recognized association or independent testing laboratory that has been reviewed and determined by the agency to be no less protective of human health and safety and the environment than the standards described in subclauses (I) and (II) of this clause, in accordance with procedures in § 334.43 of this title.(iv) The double-wall tank system shall be installed in accordance with the requirements in § 334.46(f)(2) of this title.(B) External liners. Tank excavation liners may be used to comply with the secondary containment requirements of this paragraph, provided that such liners shall meet the following additional provisions. (i) The tank excavation liner shall consist of an artificially constructed material that is of sufficient strength, thickness, puncture-resistance, and impermeability (i.e., allow permeation at a rate of no more than 0.25 ounces per square foot per 24 hours for the stored regulated substance) in order to permit the collection and containment of any releases from the UST system. The criteria for evaluation of the liner for compliance with this clause shall be in accordance with accepted industry practices for materials testing. Types of liners which may be used include certain reinforced and unreinforced flexible-membrane liners, rigid fiberglass-reinforced plastic liners, and reinforced concrete vaults.(ii) The liner shall be protected from corrosion in accordance with one or more of the allowable methods included in § 334.49 of this title.(iii) The liner shall be sufficiently compatible with the stored regulated substance, so that any regulated substance collected in the liner system shall not cause any substantial deterioration of the liner that would allow the regulated substances to be released into the environment.(iv) The liner shall be designed to provide a containment volume of no less than 100% of the full capacity of the largest tank within its containment area.(v) The liner shall be installed in accordance with the requirements in § 334.46(f)(4) of this title.(4) Secondary containment for piping. One or more of the following methods shall be used to provide secondary containment for piping. (A) Double-wall piping. Double-wall piping systems may be used to comply with the secondary containment requirements of this subchapter, provided that such piping systems meet the following additional provisions. (i) The double-wall piping system shall be designed to contain a release from any portion of the primary piping within the secondary piping walls.(ii) The double-wall piping system (including both the primary and secondary piping) shall be protected from corrosion in accordance with one or more of the allowable methods included in § 334.49 of this title.(iii) The double-wall piping system shall be designed, installed, and operated in accordance with a code or standard of practice developed by a nationally recognized association or independent testing laboratory.(iv) The double-wall piping system shall be installed in accordance with the requirements in § 334.46(f)(3) of this title.(B) External liners. External piping trench liners may be used to comply with the secondary containment requirements of this paragraph, provided that such liners meet the additional provisions in paragraph (3)(B) of this subsection.(e) Technical standards for other new UST system equipment.(1) Vent lines. All underground portions of the vent lines (including all associated underground valves, fittings, and connectors) shall be designed and constructed in accordance with the piping requirements in subsection (c)(1) of this section, shall be properly protected from corrosion in accordance with one of the allowable methods in § 334.49 of this title, and shall be installed in accordance with a code or standard of practice developed by a nationally recognized association or independent testing laboratory.(2) Fill pipes. All fill pipes (including any connected fittings) shall be: (A) designed and constructed in accordance with the piping requirements in subsection (c)(1) of this section;(B) properly protected from corrosion in accordance with one of the allowable methods in § 334.49 of this title;(C) properly enclosed in or equipped with spill and overfill prevention equipment as required in § 334.51(b) of this title; and(D) equipped with a removable or permanent factory-constructed drop tube which shall extend to within 12 inches of the tank bottom.(3) Release detection equipment. All release detection equipment shall be designed and constructed in accordance with the requirements for the particular type of equipment, as described in the applicable provisions in § 334.50 of this title.(4) Monitoring wells and observation wells. (A) All monitoring wells and observation wells installed on or after September 29, 1989, shall be designed, constructed, and installed in accordance with the requirements in § 334.46(g) of this title.(B) Each separate tank hole in a new UST system installed on or after September 29, 1989, shall include a minimum number of four-inch diameter (nominal) observation wells, as specified in the following clauses: (i) for a tank hole containing only one tank, a minimum of one observation well shall be required; and(ii) for a tank hole containing two or more tanks, a minimum of two observation wells shall be required.(f) Records for technical standards for new UST systems. Owners and operators of new UST systems shall maintain adequate records to demonstrate compliance with the applicable provisions in this section, which at a minimum, shall include all records required in § 334.46(i) of this title. All records shall be maintained in accordance with § 334.10(b) of this title (relating to Reporting and Recordkeeping).30 Tex. Admin. Code § 334.45
The provisions of this §334.45 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective April 2, 2002, 27 TexReg 2522; amended to be effective October 30, 2008, 33 TexReg 8790; amended to be effective March 17, 2011, 36 TexReg 1675; Amended by Texas Register, Volume 43, Number 21, May 25, 2018, TexReg 3427, eff. 5/31/2018