Section 334.10 - Reporting and Recordkeeping(a) Reporting. Owners and operators of underground storage tank (UST) systems must assure that all reporting and filing requirements in this chapter are met, including the following (as applicable):(1) construction notification, in accordance with § 334.6 of this title (relating to Construction Notification for Underground Storage Tanks (USTs) and UST Systems);(2) application for approval of any proposed UST system on the regulated zones of the Edwards Aquifer, in accordance with § 334.6(a)(3) of this title and Chapter 213 of this title (relating to Edwards Aquifer);(3) registration of UST systems and changes in information, in accordance with § 334.7 of this title (relating to Registration for Underground Storage Tanks (USTs) and UST Systems);(4) certification of construction activities, financial assurance, and compliance self-certification in accordance with § 334.8 of this title (relating to Certification for Underground Storage Tanks (USTs) and UST Systems);(5) request for approval of any variance or alternative procedure, in accordance with § 334.43 of this title (relating to Variances and Alternative Procedures);(6) documentation of release determination or site assessment conducted when a UST system is permanently removed from service, in accordance with § 334.55(a)(6) of this title (relating to Permanent Removal from Service);(7) payment of UST fees, in accordance with Subchapter B of this chapter (relating to Underground Storage Tank Fees);(8) reports, plans, and certifications related to suspected and confirmed releases of regulated substances, including: (A) release reports and notifications, in accordance with § 334.72 of this title (relating to Reporting of Suspected Releases), § 334.75 of this title (relating to Reporting and Cleanup of Surface Spills and Overfills), and § 334.76 of this title (relating to Initial Response to Releases);(B) report and certification of site check methods, in accordance with § 334.74(3) of this title (relating to Release Investigation and Confirmation Steps);(C) initial abatement report, in accordance with § 334.77(b) of this title (relating to Initial Abatement Measures and Site Check);(D) initial site assessment report, in accordance with § 334.78(c) of this title (relating to Site Assessment);(E) non-aqueous phase liquid removal report, in accordance with § 334.79(4) of this title (relating to Removal of Non-Aqueous Phase Liquids (NAPLs));(F) soil and groundwater contamination information, in accordance with § 334.80(b) of this title (relating to Investigation for Soil and Groundwater Cleanup);(G) corrective action plan, in accordance with § 334.81 of this title (relating to Corrective Action Plan);(H) notification of cleanup initiation, in accordance with § 334.81(e) of this title;(I) certification of compliance with corrective action plan, in accordance with § 334.81(h) of this title; and(J) public notices related to corrective action plans, in accordance with § 334.82(b) of this title (relating to Public Participation);(9) notifications and reports relating to financial assurance requirements, in accordance with Chapter 37, Subchapter I of this title (relating to Financial Assurance for Petroleum Underground Storage Tank Systems); and(10) any other reports, filings, notifications, or other submittals required by this chapter, or otherwise required by the agency to demonstrate compliance with the provisions of this chapter. When agency requirements specify documents that must be prepared by, or prepared under, the supervision of a duly licensed professional engineer, a duly licensed professional geoscientist, or a duly licensed professional surveyor, those documents must be prepared in accordance with all requirements of statute and rule applicable to that respective professional.(b) Recordkeeping. (1) General recordkeeping requirements.(A) Owners and operators of UST systems are responsible for developing and maintaining all records required by the provisions of this chapter.(B) Except as provided in subparagraphs (C) and (D) of this paragraph, legible copies of all required records pertaining to a UST system must be maintained in a secure location on the premises of the UST facility, must be immediately accessible for reference and use by the UST system operator, and must be immediately available for inspection upon request by agency personnel.(C) Except as provided in clause (v) of this subparagraph, in the event that copies of the required records cannot reasonably be maintained on the premises of the UST facility, then such records may be maintained at a readily accessible alternate site, provided that the following conditions are met. (i) If the UST system is in operation, the records must be readily accessible for reference and use by the UST system operator.(ii) The records must be readily accessible and available for inspection upon request by agency personnel.(iii) The owner or operator must provide the following information (in writing) to the agency's central office and to the agency's appropriate regional office: (I) the specific location where the required records are maintained; and(II) the name, address, and telephone number of the authorized custodian of such records.(iv) The filing of the written information required in clause (iii) of this subparagraph must be accomplished no later than October 29, 1989, 30 days after a UST installation or replacement has been completed, or 30 days after the UST records are moved to an alternate site, whichever is later or applicable, as provided in § 334.7(d) of this title.(v) The conditional authorization otherwise allowed under this subparagraph for records maintenance at an alternative, off-premises location is not applicable to the UST delivery certificate (or temporary delivery authorization, if applicable) issued by the agency under § 334.8(c) of this title. This UST delivery certificate must be maintained on the premises of all facilities with regulated USTs, must be posted by the UST system operator, and must be visible to the person(s) performing deliveries to the UST system.(D) For UST systems which have been permanently removed from service in accordance with the applicable provisions of § 334.55 of this title, the facility owner may submit the appropriate records required by this chapter to the agency in lieu of maintaining the records on the premises or at an alternative site, provided that the following conditions are met: (i) the facility is no longer operated in a manner that requires the underground storage of regulated substances, and all UST systems at the facility have been permanently removed from service;(ii) the facility owner must provide written justification adequate to explain why such records cannot be maintained on the premises of the UST facility or at a readily accessible alternative site; and(iii) the records must be submitted at one time in one package for each UST facility, and the records must be appropriately labeled with the UST facility location information and the UST facility identification number.(2) Required records and documents. Owners and operators of UST systems must assure that all recordkeeping requirements in this chapter are met, including the following records and documentation (as applicable). (A) Legible copies of the following general records must be maintained for the operational life of the UST system: (i) original and amended registration documents, in accordance with § 334.7 of this title;(ii) original and amended certifications for UST installations and financial assurance, in accordance with § 334.8 of this title;(iii) notification to UST purchaser, in accordance with § 334.9 of this title (relating to Seller's Disclosure).(B) Legible copies of applicable records and documents related to technical standards for UST systems must be maintained in accordance with the following provisions: (i) application documents and the agency's approval letter for any variances or alternative procedures, in accordance with § 334.43 of this title;(ii) records demonstrating compliance with technical standards and installation standards for new UST systems, in accordance with § 334.45(f) of this title (relating to Technical Standards for New Underground Storage Tank Systems) and § 334.46(i) of this title (relating to Installation Standards for New Underground Storage Tank Systems);(iii) records demonstrating compliance with the minimum upgrading requirements for existing UST systems, in accordance with § 334.47(e) of this title (relating to Technical Standards for Existing Underground Storage Tank Systems);(iv) operation and maintenance records, in accordance with § 334.42 and § 334.48 of this title (relating to General Standards; and General Operating and Management Requirements) including: (I) documentation of compliance with operational requirements for release detection equipment;(II) documentation of periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment; and(III) documentation of periodic operation and maintenance walkthrough inspections.(v) corrosion protection records, in accordance with § 334.49(e) of this title (relating to Corrosion Protection);(vi) release detection records, in accordance with § 334.50(e) of this title (relating to Release Detection);(vii) spill and overfill control records, in accordance with § 334.51(c) of this title (relating to Spill and Overfill Prevention and Control);(viii) records for repairs and relining of a UST system, in accordance with § 334.52(e) of this title (relating to Underground Storage Tank System Repairs and Relining);(ix) records for reuse of used tanks, in accordance with § 334.53(c) of this title (relating to Reuse of Used Tanks);(x) records for temporary removal of UST systems from service, in accordance with § 334.54(e)(4) of this title (relating to Temporary Removal from Service);(xi) records for permanent removal of UST systems from service, in accordance with § 334.55(f) of this title;(xii) compatibility data related to the stored substances and the materials of construction in accordance with the requirements for documentation of biofuel compatibility in § 334.42(b)(2) of this title.(C) Legible copies of all required financial assurance records must be maintained in accordance with the applicable provisions of Chapter 37, Subchapter I of this title.(D) Legible copies of previous and current registration and self-certification forms required to be filed annually with the agency under § 334.8(c) of this title, as well as UST delivery certificates, must be maintained for at least five years from the original date of submittal.30 Tex. Admin. Code § 334.10
The provisions of this §334.10 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective November 18, 2004, 29 TexReg 10532; Amended by Texas Register, Volume 43, Number 21, May 25, 2018, TexReg 3416, eff. 5/31/2018