Section 334.50 - Release Detection(a) General requirements. (1) Owners and operators of new and existing underground storage tank (UST) systems shall provide a method, or combination of methods, of release detection which shall be: (A) capable of detecting a release from any portion of the UST system which contains regulated substances including the tanks, piping, and other underground ancillary equipment;(B) installed, calibrated, operated, maintained, utilized, and interpreted (as applicable) in accordance with the manufacturer's and/or methodology provider's specifications and instructions consistent with the other requirements of this section, and by personnel possessing the necessary experience, training, and competence to accomplish such requirements; and(C) capable of meeting the particular performance requirements of such method (or methods) as specifically prescribed in this section, based on the performance claims by the equipment manufacturer or methodology provider/vendor, as verified by third-party evaluation conducted by a qualified independent testing organization, using applicable United States Environmental Protection Agency protocol, provided that the following additional requirements shall also be met. (i) Any performance claims, together with their bases or methods of determination including the summary portion of the independent third-party evaluation, shall be obtained by the owner and/or operator from the equipment manufacturer, methodology provider, or installer and shall be in writing.(ii) When any of the following release detection methods are used on or after December 22, 1990 (except for methods permanently installed and in operation prior to that date), such method shall be capable of detecting the particular release rate or quantity specified for that method such that the probability of detection shall be at least 95% and the probability of false alarm shall be no greater than 5.0%: (I) tank tightness testing, as prescribed in subsection (d)(1)(A) of this section;(II) automatic tank gauging, as prescribed in subsection (d)(4) of this section;(III) automatic line leak detectors for piping, as prescribed in subsection (b)(2)(A)(i) of this section;(IV) piping tightness testing, as prescribed in subsection (b)(2)(A)(ii)(I) of this section;(V) electronic leak monitoring systems for piping, as prescribed in subsection (b)(2)(A)(ii)(III) of this section; and(VI) statistical inventory reconciliation (SIR), as prescribed in subsection (d)(9) of this section.(2) When a release detection method operated in accordance with the particular performance standards for that method indicates that a release either has or may have occurred, the owners and operators shall comply with the applicable release reporting, investigation, and corrective action requirements in Subchapter D of this chapter (relating to Release Reporting and Corrective Action).(3) Owners and operators of all UST systems shall comply with the release detection requirements of this section in accordance with the applicable schedules in § 334.44 of this title (relating to Implementation Schedules).(4) As prescribed in § 334.47(a)(2) of this title (relating to Technical Standards for Existing Underground Storage Tank Systems), any existing UST system that cannot be equipped or monitored with a method of release detection that meets the requirements of this section shall be permanently removed from service in accordance with the applicable procedures in § 334.55 of this title (relating to Permanent Removal from Service) no later than 60 days after the implementation date for release detection as prescribed by the applicable schedules in § 334.44 of this title.(5) Any owner or operator who plans to install a release detection method for a UST system shall comply with the applicable construction notification requirements in § 334.6 of this title (relating to Construction Notification for Underground Storage Tanks (USTs) and UST Systems), and upon completion of the installation of such method shall also comply with the applicable registration and certification requirements of § 334.7 of this title (relating to Registration for Underground Storage Tanks (USTs) and UST Systems) and § 334.8 of this title (relating to Certification for Underground Storage Tanks (USTs) and UST Systems).(6) Any equipment installed or used for conducting release detection for a UST system shall be listed, approved, designed, and operated in accordance with standards developed by a nationally recognized association or independent testing laboratory (e.g., Underwriters Laboratories, Inc.) for such installation or use, as specified in § 334.42(d) of this title (relating to General Standards).(7) For a UST system to be placed temporarily out-of-service, the owner or operator must comply with the requirements of § 334.54(c) of this title (relating to Temporary Removal from Service).(b) Release detection requirements for all UST systems. Owners and operators of all UST systems shall ensure that release detection equipment or procedures are provided in accordance with the following requirements. (1) Release detection requirements for tanks. (A) Tanks installed prior to January 1, 2009. Except as provided in subparagraph (C) of this paragraph and in subsection (d)(9) of this section, all such tanks shall be monitored in a manner which will detect a release at a frequency of at least once every 30 days by using one or more of the release detection methods described in subsection (d)(4) - (10) of this section.(B) Tanks installed on or after January 1, 2009. All such tanks shall be monitored in a manner which will detect a release at a frequency of at least once every 30 days by using interstitial monitoring as prescribed in subsection (d)(7) of this section as the primary release detection method no later than September 1, 2018.(C) The manual tank gauging method of release detection, as described in subsection (d)(2) of this section, may be used as the sole release detection system for tanks with a nominal capacity of 1,000 gallons or fewer only.(D) 30-day monthly tank gauging method of release detection, as described in subsection (d)(3) of this section, may be used as the sole release detection method for emergency generator tanks only.(2) Release detection for piping. Piping in a UST system shall be monitored in a manner which will detect a release from any portion of the piping system, in accordance with the following requirements. (A) Requirements for pressurized piping. UST system piping that conveys regulated substances under pressure shall be in compliance with the following requirements. (i) Each separate pressurized pipe (except for piping utilized in airport hydrant systems) shall be equipped with an automatic line leak detector meeting the following requirements. (I) The line leak detector shall be capable of detecting any release from the piping system of three gallons per hour when the piping pressure is at ten pounds per square inch.(II) The line leak detector shall be capable of alerting the UST system operator of any release within one hour of occurrence either by shutting off the flow of regulated substances, or by substantially restricting the flow of regulated substances.(III) The line leak detector shall be tested at least once per year for performance and operational reliability and shall be properly calibrated and maintained, in accordance with the manufacturer's specifications and recommended procedures.(ii) Piping installed prior to January 1, 2009. In addition to the required line leak detector prescribed in clause (i) of this subparagraph, each pressurized pipe shall also be tested or monitored for releases in accordance with at least one of the following methods. (I) The piping may be tested at least once per year by means of a piping tightness test conducted in accordance with a code or standard of practice developed by a nationally recognized association or independent testing laboratory. Any such piping tightness test shall be capable of detecting any release from the piping system of 0.1 gallons per hour when the piping pressure is at 150% of normal operating pressure.(II) Except as provided in subsection (d)(9) of this section, the piping may be monitored for releases at least once every 30 days by using one or more of the release detection methods prescribed in subsection (d)(5) - (10) of this section.(III) The piping may be monitored for releases at least once every 30 days by means of an electronic leak monitoring system capable of detecting any release from the piping system of 0.2 gallons per hour at normal operating pressure.(iii) Piping installed or replaced on or after January 1, 2009. In addition to the required line leak detector prescribed in clause (i) of this subparagraph, each pressurized pipe shall also be tested or monitored for releases at least once every 30 days by using interstitial monitoring as prescribed in subsection (d)(7) of this section as the primary release detection method no later than September 1, 2018.(B) Requirements for suction piping and gravity flow piping. (i) Piping installed prior to January 1, 2009. Except as provided in clause (iii) of this subparagraph, each separate pipe in a UST piping system that conveys regulated substances either under suction or by gravity flow shall meet at least one of the following requirements. (I) Each separate pipe may be tested at least once every three years by means of a positive or negative pressure tightness test applicable to underground product piping and conducted in accordance with a code or standard of practice developed by a nationally recognized association or independent testing laboratory. Any such piping test shall be capable of detecting any release from the piping system of 0.1 gallons per hour.(II) Each pipe may be monitored for releases at least once every 30 days by using one or more of the release detection methods prescribed in subsection (d)(5) - (10) of this section.(ii) Piping installed or replaced on or after January 1, 2009. Except as provided in clause (iii) of this subparagraph, each suction line shall be tested or monitored for releases at least once every 30 days by using interstitial monitoring as prescribed in subsection (d)(7) of this section as the primary release detection method no later than September 1, 2018.(iii) No release detection methods are required to be installed or applied for any piping system that conveys regulated substances under suction when such suction piping system is designed and constructed in accordance with the following standards: (I) the below-grade piping operates at less than atmospheric pressure;(II) the below-grade piping is sloped so that all the contents of the pipe will drain back into the storage tank if the suction is released;(III) no more than one check valve is included in each suction line;(IV) the check valve is located aboveground, directly below and as close as practical to the suction pump; and(V) verification that the requirements under subclauses (I) - (IV) of this clause have been met can be provided in the form of: (-a-) signed as-built drawings or plans provided by the installer or by a professional engineer who is duly licensed to practice in Texas; or(-b-) signed written documentation provided by a UST contractor who is properly registered with the agency, by a UST installer who is properly licensed with the agency, or by a professional engineer who is duly licensed to practice in Texas.(C) Monitoring secondary containment. In addition to the requirements in subparagraphs (A) and (B) of this paragraph, all piping in a hazardous substance UST system shall also be equipped with a secondary containment system and related release detection equipment, as prescribed in subsection (c) of this section.(c) Additional release detection requirements for hazardous substance UST systems. In addition to the release detection requirements for all UST systems prescribed in subsections (a) and (b) of this section, owners and operators of all hazardous substance UST systems shall also assure compliance with the following additional requirements. (1) All new hazardous substance UST systems shall be in compliance with the requirements of paragraph (3) of this subsection for the entire operational life of the system.(2) All existing hazardous substance UST systems shall be brought into compliance with the requirements of paragraph (3) of this subsection no later than December 22, 1998.(3) Secondary containment. All hazardous substance UST systems (including tanks and piping) shall be equipped with a secondary containment system which shall be designed, constructed, installed, and maintained in accordance with § 334.45(d) and § 334.46(f) of this title (relating to Technical Standards for New Underground Storage Tank Systems; and Installation Standards for New Underground Storage Tank Systems).(4) Release detection. (A) All hazardous substance UST systems (including tanks and piping) installed prior to January 1, 2009, shall include one or more of the release detection methods or equipment prescribed in subsection (d)(7) - (10) of this section, which shall be capable of monitoring the space between the primary tank and piping walls and the secondary containment wall or barrier.(B) All hazardous substance UST systems (including tanks and piping) installed on or after January 1, 2009, shall be monitored by using interstitial monitoring as prescribed in subsection (d)(7) of this section as the primary release detection method no later than September 1, 2018.(d) Allowable methods of release detection. Tanks in a UST system may be monitored for releases using one or more of the methods included in paragraphs (2) - (10) of this subsection. Piping in a UST system may be monitored for releases using one or more of the methods included in paragraphs (5) - (10) of this subsection. Any method of release detection for tanks and/or piping in this section shall be allowable only when installed (or applied), operated, calibrated, and maintained in accordance with the particular requirements specified for such method in this subsection. (1) Tank tightness and inventory control requirements. A combination of tank tightness testing and inventory control may be used as a tank release detection method only until December 22, 1998, subject to the following conditions and requirements. (A) Tank tightness test. Any tank tightness test shall be conducted in conformance with the following standards. (i) The tank tightness test shall be conducted in accordance with a code or standard of practice developed by a nationally recognized association or independent testing laboratory.(ii) The tank tightness test shall be performed by qualified personnel who possess the requisite experience, training, and competence to conduct the test properly, who are present at the facility and who maintain responsible oversight throughout the entire testing procedure, and who have been certified by the manufacturer or developer of the testing equipment as being qualified to perform the test. The tank tightness test shall be conducted in strict accordance with the testing procedures developed by the system manufacturer or developer.(iii) The tank tightness test shall be capable of detecting a release of 0.1 gallons per hour from any portion of the tank which contains regulated substances.(iv) The tank tightness test shall be performed in a manner that will account for the effects of vapor pockets, thermal expansion or contraction of the stored substance, temperature of the stored substance, temperature stratification, evaporation or condensation, groundwater elevation, pressure variations within the system, tank end deflection, tank deformation, and any other factors that could affect the accuracy of the test procedures.(B) Inventory control. All inventory control procedures shall be in conformance with the following requirements. (i) All inventory control procedures shall be in accordance with a code or standard of practice developed by a nationally recognized association or independent testing laboratory, such as American Petroleum Institute Publication 1621, "Bulk Liquid Stock Control at Retail Outlets;" and(ii) Reconciliation of detailed inventory control records shall be conducted at least once every 30 days, and shall be sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the 30-day period plus 130 gallons.(iii) The operator shall assure that the following additional procedures and requirements are followed. (I) Inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank shall be recorded each operating day.(II) The equipment used shall be capable of measuring the level of stored substance over the full range of the tank's height to the nearest 1/8 inch.(III) Substance dispensing shall be metered and recorded within an accuracy of six or less cubic inches for every five gallons of product withdrawn.(IV) The measurement of any water level in the bottom of the tank shall be made to the nearest 1/8 inch at least once every 30 days, and appropriate adjustments to the inventory records shall be made.(2) Manual tank gauging. Manual tank gauging may be used as a tank release detection method, subject to the following limitations and requirements. (A) Manual tank gauging in accordance with this subparagraph may be used as the sole method of tank release detection only for petroleum substance tanks having a nominal capacity of 1,000 gallons or less.(B) The use of manual tank gauging shall not be considered an acceptable method for meeting the release detection requirements of this section for any tanks with a nominal capacity greater than 1,000 gallons.(C) When used for compliance with the release detection requirements of this section, the procedures and requirements in the following clauses shall be applicable. (i) For purposes of this subparagraph only, the following definitions are applicable. (I) Level measurement--The average of two consecutive liquid level readings from a tank gauge, measuring stick, or other measuring equipment.(II) Gauging period--A weekly period during which no substance is added to or removed from the tank. The duration of the gauging period is dependent upon tank volume and diameter, as specified in clause (v) of this subparagraph.(III) Weekly deviation--The variation between the level measurements taken at the beginning and the end of one gauging period, converted to and expressed as gallons.(IV) Monthly deviation--The arithmetic average of four consecutive weekly deviations, expressed as gallons.(ii) Any measuring equipment shall be capable of measuring the level of stored substance over the full range of the tank's height to the nearest 1/8 inch.(iii) Separate liquid level measurements in the tank shall be taken weekly at the beginning and the ending of the gauging period, and the weekly deviation shall be determined from such level measurements.(iv) Once each month, after four consecutive weekly deviations are determined, a monthly deviation shall be calculated.(v) For the purposes of the manual tank gauging method of release detection, a release shall be indicated when either the weekly deviation or the monthly deviation exceeds the maximum allowable standards indicated in the following subclauses: (I) for a tank with a capacity of 550 gallons or less (any tank diameter): minimum duration of gauging period = 36 hours; weekly standard = ten gallons; monthly standard = five gallons;(II) for a tank with a capacity of 551 gallons to 1,000 gallons (when tank diameter is 64 inches): minimum duration of gauging period = 44 hours; weekly standard = nine gallons; monthly standard = four gallons; and(III) for a tank with a capacity of 551 gallons to 1,000 gallons (when tank diameter is 48 inches): minimum duration of gauging period = 58 hours; weekly standard = 12 gallons; monthly standard = six gallons.(vi) When either the weekly standard or the monthly standard is exceeded and a suspected release is thereby indicated, the owner or operator shall comply with the applicable release reporting, investigation, and corrective action requirements of Subchapter D of this chapter.(3) Monthly (every 30 days) tank gauging. Monthly tank gauging may be used as a tank release detection method, subject to the following limitations and requirements. (A) Monthly tank gauging in accordance with this paragraph may be used as the sole method of tank release detection only for emergency generator tanks.(B) The use of monthly tank gauging shall not be considered an acceptable method for meeting the release detection requirements of this section for any tanks other than emergency generator tanks.(C) When used for compliance with the release detection requirements of this section, the procedures and requirements in the following clauses shall be applicable. (i) For purposes of this subparagraph only, the following definitions are applicable. (I) Level measurement--The average of two consecutive liquid level readings from a tank gauge, measuring stick, or other manual or automatic measuring equipment.(II) Gauging period--A period of at least 36 hours during which no substance is added to or removed from the tank.(III) Monthly deviation--The variation between the level measurements taken at the beginning and the end of one gauging 30-day period, converted to and expressed as gallons.(ii) Any measuring equipment (whether operated manually or automatically) shall be capable of measuring the level of a stored substance over the full range of the tank's height to the nearest 1/8 inch.(iii) Separate liquid level measurements in the tank shall be taken at least once every 30 days at the beginning and the ending of the gauging period, and the monthly deviation shall be determined from such level measurements.(iv) For the purposes of the 30-day tank gauging method of release detection, a release shall be indicated when the monthly deviation exceeds the maximum allowable standards indicated in the following subclauses: (I) for a tank with a capacity of 550 gallons or less: monthly standard = five gallons;(II) for a tank with a capacity of 551 gallons to 1,000 gallons: monthly standard = seven gallons;(III) for a tank with a capacity of 1,001 gallons to 2,000 gallons: monthly standard = 13 gallons; and(IV) for a tank with a capacity greater than 2,000 gallons: monthly standard = 1.0% of the total tank capacity.(v) When the monthly standard is exceeded and a suspected release is thereby indicated, the owner or operator shall comply with the applicable release reporting, investigation, and corrective action requirements of Subchapter D of this chapter.(4) Automatic tank gauging in combination with inventory control. (A) A combination of automatic tank gauging and inventory control may be used as a tank release detection method, subject to the following requirements. (i) Inventory control procedures shall be in compliance with paragraph (1)(B) of this subsection.(ii) The automatic tank gauging equipment shall be capable of: (I) automatically monitoring the in-tank liquid levels, conducting automatic tests for substance loss, and collecting data for inventory control purposes; and(II) performing an automatic test for substance loss that can detect a release of 0.2 gallon per hour from any portion of the tank which contains regulated substances.(iii) The automatic tank gauge testing must be performed with the system operating in one of the following modes:(I) in-tank static testing conducted at least once every 30 days; or(II) continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the system to gather incremental measurements to determine the leak status of the tank at least once every 30 days.(B) For emergency generator tanks and used oil tanks only, automatic tank gauging may be used as a tank release detection method without inventory control, provided that the automatic tank gauging equipment shall be capable of: (i) automatically monitoring the in-tank liquid levels;(ii) conducting continuous automatic tests for substance loss during the periods when the emergency generator engine is not in operation;(iii) performing an automatic test for substance loss that can detect a release of 0.2 gallon per hour from any portion of the tank which contains regulated substances; and(iv) measuring the water level at the bottom of the tank to the nearest 1/8 of an inch at least once every 30 days.(5) Vapor monitoring. Equipment and procedures designed to test or monitor for the presence of vapors from the regulated substance (or from a related tracer substance) in the soil gas of the backfilled excavation zone may be used, subject to the following limitations and requirements. (A) The bedding and backfill materials in the excavation zone shall be sufficiently porous to allow vapors from any released regulated substance (or related tracer substance) to rapidly diffuse through the excavation zone (e.g., gravel, sand, crushed rock).(B) The stored regulated substance, or any tracer substance placed in the tank system, shall be sufficiently volatile so that, in the event of a substance release from the UST system, vapors will develop to a level that can be readily detected by the monitoring devices located in the excavation zone.(C) The capability of the monitoring device to detect vapors from the stored regulated substance shall not be adversely affected by the presence of any groundwater, rainfall, and/or soil moisture in a manner that would allow a release to remain undetected for more than 30 days.(D) Any preexisting background contamination in the excavation zone shall not interfere with the capability of the vapor monitoring equipment to detect releases from the UST system.(E) The vapor monitoring equipment shall be designed to detect vapors from either the stored regulated substance, a component or components of the stored substance, or a tracer substance placed in the UST system, and shall be capable of detecting any significant increase in vapor concentration above preexisting background levels.(F) Prior to installation of any vapor monitoring equipment, the site of the UST system (within the excavation zone) shall be assessed by qualified personnel to: (i) ensure that the requirements in subparagraphs (A) - (D) of this paragraph have been met; and(ii) determine the appropriate number and positioning of any monitoring wells and/or observation wells, so that releases into the excavation zone from any part of the UST system can be detected within 30 days.(G) All monitoring wells and observation wells shall be designed and installed in accordance with the requirements of § 334.46(g) of this title.(6) Groundwater monitoring. Equipment or procedures designed to test or monitor for the presence of regulated substances floating on, or dissolved in, the groundwater in the excavation zone may be used, subject to the following limitations and requirements.(A) The stored regulated substance shall be immiscible in water and shall have a specific gravity of less than one.(B) The natural groundwater level shall never be more than 20 feet (vertically) from the ground surface, and the hydraulic conductivity of the soils or backfill between all parts of the UST system and the monitoring points shall not be less than 0.01 centimeters per second (i.e., the soils or backfill shall consist of gravels, coarse to medium sands, or other similarly permeable material).(C) Any automatic monitoring devices that are employed shall be capable of detecting the presence of at least 1/8 inch of free product on top of the groundwater in the monitoring well or observation well. Any manual monitoring method shall be capable of detecting a visible sheen or other accumulation of regulated substances in, or on, the groundwater in the monitoring well or observation well.(D) Any preexisting background contamination in the monitored zone shall not interfere with the capability of the groundwater monitoring equipment or methodology to detect releases from the UST system, and the groundwater monitoring equipment or methodology shall be capable of detecting any significant increase above preexisting background levels in the amount of regulated substance floating on, or dissolved in, the groundwater.(E) Prior to installation of any groundwater monitoring equipment, the site of the UST system (within and immediately below the excavation zone) shall be assessed by qualified personnel to: (i) ensure compliance with the requirements of subparagraphs (A) and (B) of this paragraph; and(ii) determine the appropriate number and positioning of any monitoring wells and/or observation wells, so that releases from any part of the UST system can be detected within 30 days.(F) All monitoring wells and observation wells shall be designed, installed, and maintained in accordance with the requirements in § 334.46(g) of this title.(7) Interstitial monitoring for double-wall or jacketed UST systems. Equipment designed to test or monitor for the presence of regulated substance vapors or liquids in the interstitial space between the inner (primary) and outer (secondary) walls of a double-wall or jacketed UST system may be used, subject to the following conditions and requirements. (A) Any double-wall UST system using this method of release detection shall be designed, constructed, and installed in accordance with the applicable technical and installation requirements in § 334.45(d) and § 334.46(f) of this title.(B) The sampling, testing, or monitoring method shall be capable of detecting any release of stored regulated substances from any portion of the primary tank or piping within 30 days of the release.(C) The sampling, testing, or monitoring method shall be capable of detecting a breach or failure in the primary wall and the entrance of groundwater or any other water into the interstitial space due to a breach in the secondary wall of the double-wall or jacketed tank or piping system within 30 days of such breach or failure (whether or not a stored regulated substance has been released into the environment).(8) Monitoring of UST systems with secondary containment barriers. Equipment designed to test or monitor for the presence of regulated substances (liquids or vapors) in the excavation zone between the UST system and an impermeable secondary containment barrier immediately around the UST system may be used, subject to the following conditions and requirements. (A) Any secondary containment barrier or liner system at a UST system using this method of release detection shall be designed, constructed, and installed in accordance with the applicable technical and installation requirements in § 334.45(d) and § 334.46(f) of this title.(B) The sampling, testing, or monitoring method shall be capable of detecting any release of stored regulated substance from any portion of the UST system into the excavation zone between the UST system and the secondary containment barrier within 30 days of the release.(C) The sampling, testing, or monitoring method shall be designed and installed in a manner that will ensure that groundwater, soil moisture, and rainfall will not render the method inoperative where a release could remain undetected for more than 30 days.(D) Prior to installation of any secondary containment release monitoring equipment, the site of the UST system shall be assessed by qualified personnel to: (i) ensure that the secondary containment barrier will be positioned above the groundwater level and outside the designated 25-year floodplain, unless the barrier and the monitoring equipment are designed for use under such conditions; and(ii) determine the appropriate number and positioning of any observation wells.(E) All observation wells shall be designed and installed in accordance with the requirements in § 334.46(g) of this title.(9) SIR in combination with inventory control.(A) A combination of SIR and inventory control may be used as a release detection method for UST system tanks and piping, subject to the following requirements. (i) Inventory control procedures must be in compliance with paragraph (1)(B) of this subsection.(ii) The SIR methodology as utilized by its provider or vendor, or by its vendor-authorized franchisee or licensee or representative must: (I) analyze inventory control records in a manner which can detect a release of 0.2 gallons per hour from any part of the UST system; and(II) use a threshold that does not exceed one-half the minimum detectable leak rate.(iii) The UST system owner and/or operator must take appropriate steps to assure that they receive an analysis report from the entity which actually performs the SIR analysis for the 30-day period (either the SIR provider/vendor or the provider/vendor-authorized franchisee or licensee or representative) in no more than 15 calendar days following the last day of the 30-day period for which the analysis is performed. This analysis report must, at minimum: (I) state the name of the SIR provider/vendor and the name and version of the SIR methodology which was utilized for the analysis as they are listed in the independent third-party evaluation of that methodology;(II) state the name of the company and the individual (or the name of the individual if no company affiliation) who performed the analysis, if it was performed by a provider/vendor-authorized franchisee or licensee or representative;(III) state the name and address of the facility at which analysis is performed and provide a description of each UST system for which analysis has been performed;(IV) state the date that the analysis was conducted;(V) quantitatively state in gallons per hour for each UST system being monitored: the leak threshold for the 30-day period analyzed, and the minimum detectable leak rate for the 30-day period analyzed, and the indicated leak rate for the 30-day period; and(VI) qualitatively state one of the following for each UST system being monitored: "pass," "fail," or "inconclusive."(iv) Any UST system analysis report result other than "pass" must be reported to the agency by the UST system owner or operator as a suspected release in accordance with § 334.72 of this title (relating to Reporting of Suspected Releases).(v) Any UST system analysis report result of "inconclusive" which has not been investigated and quantified as a "pass" (in the form of a replacement UST system analysis report meeting the requirements of clause (iii) of this subparagraph) must be reported to the agency as a suspected release within 72 hours of the time of receipt of the inconclusive analysis report result by the UST system owner or operator.(B) At least once per calendar quarter, the SIR provider/vendor must select at random, at least one of the individual UST system analyses performed by each of its authorized franchisees or licensees or representatives during that period and audit that analysis to assure that provider/vendor standards are being maintained with regard to the acceptability of inventory control record data, the acceptability of analysis procedures, and the accuracy of analysis results. The written result of that audit must be provided to the authorized franchisee or licensee or representative and to the owner and/or operator of the audited UST system(s) by the SIR provider/vendor during that calendar quarter. In addition, within 30 days following each calendar quarter, the SIR provider/vendor must provide to the agency a list containing the name and address of each of its authorized franchisees or licensees or representatives which specifies for each one, the name and address of each facility at which one or more UST system audits were performed during the previous calendar quarter.(10) Alternative release detection method. Any other release detection method, or combination of methods, may be used if such method has been reviewed and determined by the agency to be capable of detecting a release from any portion of the UST system in a manner that is no less protective of human health and safety and the environment than the methods described in paragraphs (2) - (9) of this subsection, in accordance with the provisions of § 334.43 of this title (relating to Variances and Alternative Procedures).(e) Release detection records. (1) Owners and operators shall maintain the release detection records required in this subsection in accordance with the requirements in § 334.10(b) of this title (relating to Reporting and Recordkeeping).(2) Owners and operators shall maintain records adequate to demonstrate compliance with the release detection requirements in this section, and in accordance with the following minimum requirements.(A) All appropriate installation records related to the release detection system, as listed in § 334.46(i) of this title, shall be maintained for as long as the release detection system is used.(B) All written performance claims pertaining to any release detection system used, and documentation of the manner in which such claims have been justified, verified, or tested by the equipment manufacturer, methodology provider/vendor, or independent third-party evaluator shall be maintained for as long as the release detection system is used.(C) Records of the results of all manual and/or automatic methods of sampling, testing, or monitoring for releases (including tank tightness tests) shall be maintained for at least five years after the sampling, testing, or monitoring is conducted.(D) Records and calculations related to inventory control reconciliation shall be maintained for at least five years from the date of reconciliation.(E) Written documentation of all service, calibration, maintenance, and repair of release detection equipment permanently located on-site shall be maintained for at least five years after the work is completed. Any schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for as long as the release detection system is used.(F) Records of site assessments required under subsection (d)(5) and (6) of this section (concerning vapor monitoring and groundwater monitoring) must be maintained for as long as the methods are used. Records of site assessments must be signed by a professional engineer or professional geologist, or equivalent licensed professional with experience in environmental engineering, hydrogeology, or another relevant technical discipline acceptable to the agency.30 Tex. Admin. Code § 334.50
The provisions of this §334.50 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 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